Reed Jackson//December 13, 2012//
Contractors are breaking the rules and potentially poisoning themselves and children as a result, according to city officials and industry professionals.
Three years ago, the U.S. Environmental Protection Agency established a that required contracting firms to become licensed before working on houses or facilities that were built before 1978 and are occupied routinely by children. The rule鈥檚 purpose was to prevent lead poisoning for both contractors and children.

Since June 2011, when the Construction Contractors Board most recently filed an enforcement report, a number of U.S. Environmental Protection Agency investigations have resulted in sanctions for firms.
Number of investigations: 187
Investigations resulting in sanctions: 95
Many contracting firms are ignoring this rule because of the time and cost tied to licensing, said Ed Gay, a licensed hazardous materials inspector with .
鈥淚鈥檇 say there are quite a few (contractors) out there that are avoiding the process,鈥 Gay said. 鈥淲hen you follow the rules, it lengthens out the project somewhat and also makes it more expensive.鈥
Gay and AMEC offer training courses on handling lead-based paint. These eight-hour courses are offered by a variety of businesses and organizations, and are required for licensing.
Not all contractors need to be licensed to work on projects involving lead-based paint; the requirement is for only the project鈥檚 supervisor, who is required to teach other project workers.
However, a course costs $215 鈥 potentially a day of pay. And the cost can add up if a firm needs multiple workers to take the course.
鈥淭he folks that have taken the training are usually larger-type firms with long-established reputations,鈥 Gay said. 鈥淎 lot of the smaller guys are just sitting back and waiting to see what鈥檚 going to happen. Just to protect themselves from huge liability, they should do it.鈥
In Multnomah County, 80 percent of the housing stock was built before 1978, when lead-based paint was banned. Also, 55 percent of the stock was built before 1950 and is very likely to have lead-based paint in it, according to Andrea Matthiessen, program manager for the .
Since 1996, the PHB has received millions of dollars in federal grants to help low-income families mitigate lead-based paint problems in their homes. Dust from the paint can be extremely hazardous to children, as well as pregnant women and even normal adults in cases of extensive exposure.
The PHB has helped pay for more than 1,800 renovations, and according to Matthiessen all were performed by licensed workers.
However, the PHB often receives complaints from contractors and others that unlicensed workers are tackling projects with lead-based paint, Matthiessen said.
鈥淲e hear it all the time,鈥 she said. 鈥淔olks who don鈥檛 鈥 do the proper training really have the potential to create a hazard and poison children.鈥
Dave Nielsen, CEO of the , said he often hears such stories.
鈥淚t鈥檚 similar to there being a lot of contractors out there still operating without a license,鈥 he said. 鈥淧art of it needs to be an issue of oversight and policing.鈥
The Construction Contractors Board is in charge of oversight; it conducts random jobsite inspections and investigates complaints and claims.
Since June 2011, when the CCB most recently filed an enforcement report with the EPA, the agency has conducted 187 investigations involving lead-based paint projects; 95 have resulted in sanctions for firms. Initial fines are $1,000 and become increasingly expensive.
Despite the CCB鈥檚 work, a lack of oversight is one of the reasons why some firms are able to break the rules, Gay believes.
鈥淭he enforcement has not been very strong because of limited personnel,鈥 he said. 鈥淛ust getting the people out there and having enough (inspectors) to send around is pretty tough on the regulatory people.鈥
According to the CCB鈥檚 enforcement manager, Rich Blank, budget cuts have hindered the board鈥檚 ability to communicate with contractors. For example, the CCB formerly reached out to the industry via a newsletter that was widely read; now, it posts news only on its website, which many contractors don鈥檛 visit.
鈥淚t would be really nice if we had more money and resources,鈥 Blank said. 鈥淭he unfortunate fact is when you have a lack of resources, the first things to go are your education and your outreach.鈥
Blank also believes that the recession has led some contractors to not pursue a license. He said he wasn鈥檛 surprised by the accusations that firms were not following the EPA鈥檚 rule because of cost.
However, budget woes have not hindered the CCB鈥檚 ability to conduct regulatory actions frequently and effectively, Blank said.
鈥淚 don鈥檛 think we are hampered,鈥 he said. 鈥淲e鈥檙e fairly well staffed with a competent team.鈥
The CCB has no plans to ramp up its oversight.
The bottom line is that lead poisoning should be avoidable, said Perry Cabot, a community education supervisor for the , a nonprofit that offers lead-based paint training courses for contractors.
鈥淚t鈥檚 hard to explain what it would be like to be the parent of a lead-poisoned child,鈥 he said. 鈥淚t鈥檚 generally an avoidable thing with education and awareness.鈥