The National Association of Home Builders filed a lawsuit against the Environmental Protection Agency to challenge a new rule that mandates contractors become certified in lead-safe practices if they work on homes built before 1978, USA Today reports.
Specifically, the builders object to the removal of the “opt-out” clause, which exempts contractors from the rule when working on homes built before the deadline where no pregnant women or children under age six live. The clause expired on July 6.
“Removing the opt-out provision more than doubles the number of homes subject to the regulation,” Bob Jones, chairman of the National Association of Home Builders, said in a statement.
Under the rule, contractors who work on the homes without certification face fines of up to $37,500 per day.
“We want people to take it seriously,” the EPA’s Wendy Hamnett told USA Today.
According to the EPA, about 38 million — half of pre-1978 homes — have lead. Census bureau data shows that about 76.5 million homes were built before 1980.
The National Lumber and Building Material Dealers Association, the Hearth, Patio & Barbecue Association, and the Window and Door Manufacturers Association joined the petition, which was filed in the U.S. Court of Appeals for the D.C. Circuit.
The groups claim the new protocol required by the law costs them on average an extra $2,400 per job, while the EPA claims it should only add $60 to $167 per job.


