It's a great day here in Orem, Utah. Wednesday morning is the day we board our big jet airliner to paradise. We are so looking forward to this event. I say event because we have never shut the business down for 11 days before.... What will it be like??? No cell phone to interrupt the fun...... No outside distractions..... Ahhhhh Paradise!!!
The itinerary goes as follows. We fly to Orlando and arrive there 5 hours ahead of Brent and Mary Foster. We will then rent a car and go visit the area where we lived when I was in First grade many moons ago. Saturn 5 Elementary School was the scene for several of the great events in my life, the Kite Flying competition probably being the the most vivid. We will then pick up the Foster's from the airport and head for the hotel. The next two days will be filled with exploring all that Disneyworld has to offer..... If that does not kill us off, then we will board the cruise liner on Saturday (This is when I will upload the next MMM) and we will head to the tropical paradise for both boat action and land excursions...... Will this trip be worth the investment???...... Brent Foster does not hesitate as he responds confidently "YES!!!" Brent is looking forward to floating in the water with a pair of swim fins, mask, and snorkel.
That's right...... Snorkeling. About once a week for the last month, Shelly and I have called the Fosters in Washington and started the conversation with "SNORKEL." This always catches Brent's attention and takes him momentarily to visions of blue water and white sand, which is the farthest thing from his current everyday hectic inspection schedule. Brent may never come back..... If it wasn't for his 2 wonderful kids back in Washington he probably would never come back.
As for the rest of the itinerary..... I'll let you know next week!!!....... "SNORKEL"
Last week I shared........
"Michael.... This is Bob Ford from the Utah Division of Environmental Quality and I wanted to give you the heads up that the EPA has found several statements on your website that they feel are direct misrepresentations and they want to penalize you $27,000."..... That will sure wake you up in the morning. I wish that I could share the details with you, but that will have to wait until I am sure that no penalty is coming my way...... Stay tuned!!!
Well I think that the dust has cleared sufficiently to share the story with you..... 2 weeks ago I was an instructor with the Lead Based Paint training offered here in Utah. I invited the participants to my website so that they would have a head start on figuring out what to do with all of the information presented to them (Mistake #1). During my presentation I also shared what I say when somebody calls me (Mistake #2). Then I said that I tell people that I am the only Utah Home Inspector Certified by the State of Utah and the EPA for Lead-Based Paint (Mistake #3). As the old saying goes.... "3 strikes your out!"....... What did I learn?.... Whenever the Federal Prosecutors can get involved, hush up. It does no good to expose yourself to scrutiny, criticism, and financial penalties. It does not pay to be the nice guy. The Federal Government has no policy for leniency and learning curves. They also have no program for helping business entities that are trying to conform to the vague programs.... They have one method of bringing about change and that is with the sometimes cruel sword of justice..... Don't mess with justice, especially when you have unknowingly done wrong..... In fact, the only thing really learned out of this experience is that it probably would have been better to never have gotten involved..... Who needs the added stress and aggravation???
The following are the actual e-mails of correspondence after the State Lead Official let me know of the tragic trail of events that were leading up to the $27,000 fine. The e-mails paint the picture........ (Blue text are my e-mails)
Bob: Thanks for the heads up on the $27,000 fine. The changes are made. The page in question is the Lead Hazard Screen page found in the Buyers/Sellers section of my site. Can you please revisit the page and see if you approve of the first paragraphs. The Utah County and beyond is found towards the end of the page at the end byline. I changed it to "the State of Utah (excluding Federal Indian Reservations." This page is found at: http://www.TheHomeInspector.com/Clients/CLEAD1298.html
Would you also download the sample Lead Hazard Screen report that I placed up on the site for the training participants to download. Any vernacular changes or critical observations are welcomed.... I have yet to have anybody who is familiar with the program give any feedback. It can be found in the Home Inspector section at: http://www.TheHomeInspector.com/Inspector/LHSSample.html
I look forward to any feedback. Michael Leavitt - Orem, Utah
Robert Ford, of the Utah Division of Environmental Quality, kindly responded back with following observations......
Michael: I looked at your web page and it looks good to me. I noticed you changed the statement about your UDEQ/DAQ "Certification" and that was fine as you are "Certified" by our agency (however, what you have now is fine also). I noticed you also changed the statement about being RMCOEH "certified" to "trained" in one location but farther down your web page it says that you are RMCOEH "certified" again; you may want to be consistent and change the second reference (however, this is not my issue, but apparently is an issue for RMCOEH). Bob Vick from USEPA left me a message yesterday indicating that he was satisfied with the changes. As you are aware, I asked Mr. Vick on Tuesday if he had any flexibility to back off the Notice of Violation (which can have a penalty of $27,000) and he said they did if you acted quickly (which I believe you did). However, he said he would issue a Notice of Noncompliance (NON) which documents the issue but, as I understand, does not include a penalty. I also intervened asking them to not issue an NON if at all possible. Where he said Tuesday that they would issue an NON, yesterday's message indicated that he is considering "no action" (i.e. not issuing an NON) but USEPA Region VIII would make that decision next week. I'll talk to him again today to see if we can get them to take "no action" on this situation. I'll keep you informed.
FYI - Issues such as this are just one more reason to have a Utah LBP Program. I'll try and look at your report tomorrow (I'm auditing RMCOEH's initial LBP Supervisor course through today).
R4D
Immediately following my e-mail to Robert Ford I also sent a similar e-mail to the Main Instructor of the State of Utah Lead Training program of which I had just participated in. He has been an incredible resource for lead info in the past and I know that he gives straight answers.
Dave: Thanks for the opportunity to watch you in action again at the Lead training. You have a great way of bringing out the important points of some rather lengthy documents. It was fun to be a part of it. As a professional in the field it also exposed my business to a lot of scrutiny. As they say.... "If you can't take the heat, stay out of the fire." Well I am currently in the heat..... I was notified earlier today that the enforcement end of the EPA wants to tag me with a $27,000 penalty for mis-statements on my website. Bob Ford was very kind and he alerted me to their objections so that I could possibly avoid the fine. I gladly made the changes and was unaware of the fact that the statements were mis-statements.
I thought that the State of Utah credential was equal to the EPA credential. I related to Bob that my National Pest Control credential was obtained directly from National because we do not have a State of Utah Pest Control Association. In states where they do, they do not join the National. By joining the State you are automatically a part of the National. I was under the impression that the Lead program was similar..... Oh, how wrong I was. Therefore, my statement that I am the only Utah Home Inspector to have the State of Utah and EPA Lead Inspector and Lead Risk Assessor credentials is wrong..... It sounded right until earlier this morning.... It has now been changed.
In the process, I also changed the RMCOEH certification statement..... I believe that my statement that the "RMCOEH is an EPA sponsored Regional Lead Training Center" is an accurate statement...... Is it???
I believe that I have my website info corrected. Would like you to revisit the web page and let me know your opinion. This page is found at: http://www.TheHomeInspector.com/Clients/CLEAD1298.html I believe that I have reworded the credentials statement as to not offend. The EPA also had a big issue with the fact that the byline to the already printed Daily Herald article said that I "serve Utah County and beyond." I meant that I will also go to the surrounding Counties. They thought that I meant I would be willing to go anywhere, including the Federal Indian Reservations...... I changed that too.
Where I would really appreciate your observations is in the Sample Lead Hazard Screen report that I have posted at: http://www.TheHomeInspector.com/Inspector/LHSSample.html I reworked some of the phrases this morning and I hope that it is still not legally hanging me out to dry. Any feedback will gladly be incorporated into my report so that I can walk the squeaky clean line.
As the Lead Instructor of the Lead Program, I shared my main rub with you...... You overheard my objections with Bob Ford at the University of Utah on Thursday, and that is...... How come this same EPA Enforcement division wields NO power over those out there with no training or credentials whatsoever who advertise Lead Inspections in their literature and yellow page ads, yet come with full-biting teeth into those that do? I have no objections to changing my website vernacular so that it complies, but I have a great deal of objection to the untrained providing services without any Governmental control in the marketplace. There is something very inequitable going on when this is the case.
I look forward to your feedback! Thanks again for the opportunity to participate. Michael Leavitt - Orem, Utah
David Wallace also responded with.......
Michael, I'm sorry to hear of your unpleasant encounter with the regulators. As you found out, they can be pretty humorless about a simple misunderstanding. However, I would be surprised if you are penalized.
Your message referred to RMCOEH as a Regional Lead Training Center (although I didn't see this on your web page). This was true a few years ago, but EPA no longer sponsors RLTCs. You could refer to RMCOEH as a "former RLTC", but this won't mean anything to most people. However, RMCOEH courses are "approved by EPA and/or Utah Department of Environmental Quality".
Also, you commented on enforcement issues:
..... How come this same EPA Enforcement division wields NO power over those out there with no training or credentials whatsoever that advertise Lead Inspections in their literature and yellow page ads, yet come with full biting teeth into those that do?
You have my sympathy on this. In my opinion, EPA should work with inspectors such as yourself to encourage them to become involved with LBP. It is counter-productive to jump on someone who is trying to do it right just because they didn't understand all the implications of "certification". Furthermore, I believe it could be an EPA violation for non-certified inspectors to offer a lead "inspection", especially if the inspection fails to comply with a "documented methodology" (i.e., the HUD Guidelines). Also, the law defines this term to mean a ‘‘surface-by-surface investigation to determine the presence of lead-based paint". Therefore, any reference to "inspection" could be interpreted to mean nothing less than a full surface-by-surface evaluation, and only certified inspectors are allowed to do this.
However, EPA already commented on "partial inspections" in the preamble (Federal Register August 29, 1996)
Although not required, the Agency recommends that a certified inspector or risk assessor be used in cases, such as these, where an individual or firm believes it is only necessary to conduct a ‘‘partial inspection’’ of a property.
************************************************************
David O. Wallace, MSPH, CIH Industrial Hygiene Lecturer Department of Biology Utah State University, 5305 Old Main Hill Logan, UT 84322-5305; Voice (435)797-7155; Fax (435)797-1575; Email dwallace@biology.usu.edu
I have yet to hear from the Denver Regional Center of the EPA, but I did receive a knock on the door from our postman with a Certified Letter in hand that read as follows..........
REGION VIII - 999 18th STREET - SUITE 500 - DENVER, COLORADO 80202-2466
AUG 24, 2000
Ref: 8ENF-T
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Michael Leavitt & Co. 1145 North Main Street Orem, UT 84057
Re: Notice of Noncompliance to Michael Leavitt & Co. for violations of the Toxic Substances Control Act (TSCA) Section 402, 15 U.S.C. 2682, as amended on October 28, 1992. ("TSCA 402 Abatement Rule") EPA Case Number TSCA-8-0828
Dear Mr. Leavitt:
The United States Environmental Protection Agency ("EPA") serves this Notice of Noncompliance ("NON') on you for violations of TSCA Section 402 Abatement Rule which is codified at 40 C.F.R. Part 745, Subpart L, concerning "Firm and Lead Abatement Professional Certification Requirements".
TSCA Section 402 requires that Firms and Individuals be certified by the EPA or by a State authorized by the EPA to conduct its own program, in order for that Firm or Individual to engage in lead-based paint activities as described in 40 CFR Subpart L, Sec. 745.227. EPA certification is granted only after the Firm or Individual makes the appropriate application, and satisfies EPA requirements. If the Firm or Individual fails or refuses to ensure compliance with the Rule, then the Firm or Individual has committed a prohibited act under the Toxic Substances Control Act ("TSCA") § 402, and 15 United States Code ("USC") § 2682, and is liable under TSCA § 16 for civil penalties.
Advertising by Michael Leavitt & Co. as available on their web page August 21, 2000, indicated that the Firm is certified by the EPA. The EPA has no documentation of such certification.
A review of this complaint by the EPA Lead-Based Paint Enforcement Coordinator revealed a violation of 40 CFR Subpart L, Sec. 745.226 (f)(1) which indicates that all firms which perform or offer to perform any of the lead-based paint activities described in Sec. 745.227 after March 1, 2000 shall be certified by EPA.
You have corrected your web site, deleting reference to EPA certification, as of August 23, 2000. Your prompt response is commendable.
Each violation of the Rule is a prohibited act under TSCA § 402, which can result in civil penalties under TSCA § 16 of up to $11,000.00 per violation.1 Although you are receiving a NON for this violation at this time, any further violation by you may result in the issuance of a Civil Administrative Complaint for the assessment of penalties. Questions and correspondence relating to this matter should be directed to: Robert Vick, (303) 312-6204 at the address on the letterhead.
Sincerely, Ron Rutherford, Acting Director Technical Enforcement Program
cc: Dana Stotsky, 8ENF-L
The penalty amount under the Disclosure Rule was adjusted from $10,000.00 to $11,000.00 under the Civil Monetary Penalty Inflation Adjustment Rule, 40 C.F.R. Part 19 (1998)
"What are your thoughts???"
Your Name:
I'm sure you were practically breakin your fingers getting into the MMM for this week's exciting adventure. For those of you with a serious memory problem, look in your wallet. You should find a little card in there. It will remind you of your name. If your memory is pretty good, but ya can't quite remember where we left off, last week ended with me just ready to sit down and start to prepare my defense. Pretty and perky Paula Primer wanted a piece of my patooty to da tune of a hundred and ten grand. The insurance company was sendin out Duddly Doright, former Mountie and attorney-at-law to save the day.
Me and Duddly worked like dogs. First we sorta mapped out a strategy. Then we turned the strategy into a plan. Finally, we tuned it like a fine musical instrument. I didn't have much time to spend at my favorite spot, the corner joint, but I did pop down for a belt or two a couple of times. Once I saw Rolanda sittin in the corner talkin to some old geezer real serious like. Rolanda is always workin deals. This musta been one of em. Anyways, I wasn't feelin too sociable toward Rolanda so I finished my drink and headed back home.
It was just a couple of weeks later when me and Duddly walked into that courtroom and took our seats at the defendant's table. Across the isle was Paula Primer, pretty and perky as ever, with some city slicker lawyer. Back behind Paula in the peanut gallery was, guess who? You got it. Ray and Rolanda was sittin there. Only this time, Rolanda's hair was black again. And she looked liked she was dressed for church. I think this was as close to a church as Rolanda would ever be.
In a few minutes, the bailiff stood and began his chant. "Hear Ye, Hear Ye, Hear Ye, for all of you having business with the 1st Circus Court of Last Resort, come close and be heard, the Honorable Olden C. Nyle presiding. I could see the judge getting ready to come in. Someone was behind him with a gentle shove toward the bench and a loud whisper. Something about the big chair behind the bench.
The judge mostly stayed awake, at least during Paula's part. I ain't gonna take you through the whole thing blow by blow. If ya ever been to a civil trial ya know they ain't much to write home about. Old Duddly did a stand-up job. But no matter how good he did, Judge Nyle wasn't havin any of it. In fact, it was almost like da judge was playin for the other team, if ya get my drift. As I was thinkin about that, I remembered the old guy havin a drink with Rolanda down at the corner joint. There was a similarity………..
Anyways, at the end, Judge Nyle said "Mr. Mudsill, you are a disgrace to your profession. I need to teach you a lesson, and teach the whole world ya don't mess with Olden C. Nyle. I'm throwing the book at you, son". And folks, that is just what he did. Olden stood with a big law book in his right hand, and cocked his arm like a pitcher in the big leagues. Olden had a lotta power for an old guy. That book came sailin my way like a fast ball down the middle. Or I guess it was a curve. Anyway, Olden missed, but not with the follow-up. Judge Nyle ordered the insurance company to pay the whole hundred and ten grand to Paula. He also ordered me to pay court costs, including his lunch. You gotta love a guy who watches out for number one.
So, ya might think the worst was finally over for old Punky. It almost was, but not quite. I couldn't pay the rent, so I had to pack up my stuff and move into new digs. I think the insurance company still wanted their grand from me, but I was hard to find. The address, 1967 Plymouth Valiant is hard to deliver to. I hocked mosta my stuff, and was able to raise close to $35.00. I wasn't gonna blow it, either. That $35.00 was my only grub steak to a new life.
A couple of weeks later Duddly came back through town. He saw I was pretty dry, and took me down to the corner joint for a coupla belts. We was sittin in the dark corner, lamentin our troubles. After the first drink, I noticed a couple a broads come in and take a seat in the other dark corner. It was Paula and Rolanda. Paula was carryin her big brief case. They was jabberin like teenage girls in heat and didn't notice me and Duddly. In a short time an old guy joined them. My jaw dropped six inches when I saw who it was. I never woulda thought that Paula, Rolanda and Olden C. Nyle were drinkin buddies. After the first drink, things got real quiet at their table. Paula scanned the joint quickly, but still didn't see me and Duddly. And then, so quick youda never thought it happened, Paula took out two big stacks of money. She gave one to Rolanda, and one to Olden. Ya know how there never seems to be a cop around when you need one? Well even a camera would have been good. I looked at Duddly to see if he saw what I saw. He looked like he was rubbin his eye or somethin. Duddly smiled at me and winked as he showed me his miniature night vision camera that was about the size of a grape. Duddly's comment to me was, "I'm RCMP stock you know, we always get our man". I wouldn't want to be one a them three at the other table with Duddly on their trail.
I should tell ya there is a happy ending to this story. But ya gotta wait to find out what it is. Old Duddly got me so juiced up that I'm too tired to fill ya in now. And besides, there is always next week.
Will Duddly finally get to Paula &Co. for their dastardly deeds? Will Prince keep running like a good little Valiant? Will Punky's $35.00 be enough for a grub steak on a new life? Just like in true life, all strings will be tied into a neat bow next week in "Hooda Ever Thunk It", The Epilogue. Click on the MMM for next week's concluding adventure in the Occasional Chronicles of Punky Mudsill, alternative to the professionals and house detective Extraordinare.
The following is a little exchange on an Inspector forum that I thought would be good to share.......
I need to buy a new field computer for my business. I have been looking at the Fujitsu Lifebook B series. This is a pen type, touch screen machine. I want a pen machine. Does anyone have any thoughts on this one or other good machines? Does anyone know of a good supplier? Jon Gudnason - Placerville, CA
Jon, I have been using the Fujitsu Lifebook B2131 for about three months now. Appears to be a very stable machine with about 3+ hours of battery life. Cannot see the screen outside. I'm used to that. The touch screen gets reluctant sometimes and needs two or three taps, but seems to work it's way out of it.
I do the outside of the house and then enter findings inside (with the help of a digital recorder) near the kitchen where unit is plugged in. After I do the kitchen I unplug the computer and carry it around the rest of the house on a camera tripod (ala Michael Leavitt). Plenty of battery power for all but the the largest homes. I return to the kitchen area and plug in. I then do the crawls, enter the findings and print out.
I believe you are used to the high dollar Fujitsus with more battery life. A new routine may take getting used to.
I ordered my computer from Mobility Concepts, 630-955-9755. Ask for Sam Marata. I paid $1949 plus $20 2nd day shipping. Only a small discount from list but the only one offered that I know of.
Sylvan Stenge - United Professional Real Estate Inspectors - Sacramento, CA
Hi Sylvan, would you please elaborate on the tripod set-up, that sounds interesting. Thanks. Dave Bottoms - Toronto, Canada
Dave: If you are interested in the laptop tripod stand, then check this out...... http://www.TheHomeInspector.com/Inspector/2MMM32Tripod.html This page on my site will step you through the tripod creation complete with pictures. Michael Leavitt - Orem, Utah
Dave Bottoms wrote: Thanks Michael, that's a very neat idea. It must be great for houses that are vacant (without furniture to set the laptop down onto). Dave Bottoms - Inspectra - The Home Inspection Company - Toronto, Canada - "Every success is built on the ability to do better than good enough"
Dave: That is exactly why the idea came about. A few years back right after I computerized I did a vacant home. At 6'6" my back was killing me as I had to kneel on the floor to get the information in as I carried the laptop from room to room. The idea of leaving the unit on the kitchen counter and making 40 million trips back to the kitchen to get the info in the machine didn't make any sense. Setting the unit down on multiple counters and beds also seemed precarious.....
Having the unit with you at YOUR height makes inspecting a joy. Your hands are free as you inspect and there is no bending over to get the information in. There is no more clipboard, no more handwriting, and a much more professional report (I use the 3D Inspection System). The stand also solves the battery charging challenge. As you saw in the pictures on my website I have a pouch for the A/C adapter and when I walk into a room I just take the plug with me down to the first outlet that I am about to test and plug the unit in.....
As you may know I only use this tripod setup on the difficult houses now. Since last November I have been a 3D Beta Tester for the new Pocket PC windows CE units. I have been using the little palm-sized Casio Cassiopeia to capture all of my inspection data. It fits in a holster with a tether cord so that it won't hit the ground if I drop it. This setup is the ultimate on houses that don't have a lot of custom Reportable Conditions. The conditions that require major keystrokes I just record on the built-in recorder and key them in later with the big system and keyboard. Tapping it all in on the handheld is laborious at best.
Monday morning will find me inspecting a 6,500 sq ft foreclosure home with tons of damage areas and reportable conditions. It is vacant with numerous challenges so I will use the Cassiopeia for the outside, and then synchronize it with the laptop and continue on with the interior evaluation with the tripod setup. The two options allow for me to inspect quickly and efficiently. It also allows for me to get the information into the computer and close the chapter on that component or room.
I am amazed at the inefficiency that many Inspectors go through to live the inspection on site and then have to relive it back at the office to get the information into the computer...... Some spend 3 or 4 hours onsite only to add 2 to 3 more in the office just to get one inspection completed..... They will moan over the investment in laptops, palmtops etc, yet waste thousands of man hours each year having to relive the inspection back at the office..... Go figure!?!?
I'll quit rambling. Michael Leavitt - Orem, Utah
Last week's photo was a great view of an old fuse system still in use. The system looks very scary and there are a few obvious hazards.
This week's AII™ Photo Challenge comes from Bill Loden in Alabama. I think Brent Foster used to manufacture these when he was in the Wobbly Box industry...... Yes it is the latest in the new "Mobile Office" line of inspection mobiles...... Some would say it is nearly the same vehicle we looked at in Portland a few months back when we toured Greg Justice's creation..... I think that Greg's windows were installed a little more evenly. Looking at the photos makes one want to attend the Mobile Home training at the Annual Meeting in November. So what is the Challenge..... Let's see your creativity flow and see how many crazy things you can come up with..... This photo is truly a classic!
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