# New EPA lead paint rule snags 1st victim - contractor fined $63,000 by epa.



## Mike Finley (Apr 28, 2004)

I posted information and questions about the new EPA lead based paint requirements a few months ago to very few responses. Either contractors aren't aware, don't care or just think they are going to ignore it. I'm not sure what the deal is, but the EPA just fined a contractor in New England $63,000 for violations of the pre-renovaton rule.



> Release date: 09/22/2008
> Contact Information: David Deegan, (617) 918-1017
> 
> 
> ...


*This ruling appears to be quite serious but the issue seems to be totally ignored by the contracting community. The ramifications of the requirements to stay compliant of this new law seem destructive to our industry.*

How are contractors to function if they are basically required to wait 60 days for any renovation project to start?

What is going on? Does nobody know about this? Does nobody know that you're all going to have to become certified within less than 18 months or you can't continue your business?


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## rbsremodeling (Nov 12, 2007)

Mike Finley said:


> I posted information and questions about the new EPA lead based paint requirements a few months ago to very few responses. Either contractors aren't aware, don't care or just think they are going to ignore it. I'm not sure what the deal is, but the EPA just fined a contractor in New England $63,000 for violations of the pre-renovaton rule.
> 
> 
> 
> ...


Yes you have to be certified. There are two certs a Lead cert and a worker cert. 

The classes here run 1K and 600 bucks each. 

anything bigger than a 2x2 patch requires 60 day notification. We and all of our subs are taking the classes Dec-Jan


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## RayGoerdt (Nov 13, 2008)

That is insane! 

Some times work can be started within a day or two of signing.


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## Bodger (Oct 23, 2008)

rbsremodeling said:


> Yes you have to be certified. There are two certs a Lead cert and a worker cert.
> 
> The classes here run 1K and 600 bucks each.
> 
> anything bigger than a 2x2 patch requires 60 day notification. We and all of our subs are taking the classes Dec-Jan


 Where can I get info on how to become certified?


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## Frankawitz (Jun 17, 2006)

When I do a estimate for plaster repairs, I tell people that if their home was built before 1989 there is a chance there could be lead base paints, I also tell them there could be asbestoes too. I was not aware that there was a 60 day wait period or a pamphlet that I had to hand out, I have been telling people this for the past 5 years now. Just because I work in allot of houses built in the 1920's. I just finished taking the State of Michigan's Prelicensure Requirement Classes, and there was nothing about being certified for Lead base paints, I wonder what's next with the Government telling us what we can and can not do. Boy it's hard enough to make a living. This one could put allot of contractors out of business.


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## BreyerConstruct (May 22, 2006)

Fortunately they picked a great time to start pushing this!

~Matt


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## Mike Finley (Apr 28, 2004)

Is anybody a member of a local builder's association like NARI or the like? Is this topic even being discussed? How the hell did this thing get as far as it has with no out-cry from our community?

Contractor Talk has how many members? Seems like we are missing the boat by not being able to use our clout to make a difference on something like this instead of spending out time arguing over which hammer is the best.


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## SLSTech (Sep 13, 2008)

I am part of NARI - there are no local chapters around here. They have sent out a couple of informational emails (I never saw in there or the EPA's site where we had to wait 60 days) & one CE Class for those that wanted it.


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## SLSTech (Sep 13, 2008)

Back the train up - the contractor listed above had to get nailed for something else

http://www.epa.gov/lead/pubs/renovation.htm - the EPA's rules & regs for the new lead policy

http://www.epa.gov/lead/pubs/effectivedates.htm - effective dates of implementation - taken directly from this page

 I got to buy a bunch of brochures still

*June 23, 2008*Unaccredited renovator or dust sampling technician training programs may not advertise or provide training leading to EPA certification

States, Tribes, and Territories may begin to apply for authorization

Persons performing renovations for compensation in pre-1978 child-occupied facilities (e.g., child care facilities, kindergarten and pre-kindergarten classrooms) must provide either _Protect Your Family_ or _Renovate Right_ to the owners and occupants before beginning renovations

Modifications to Pre-renovation Education Rule take effect: 
Minor repair and maintenance exception changes to < 6 ft2 for interiors, 20 ft2 for exteriors. To qualify, the project cannot involve the use of high dust generating ("prohibited") practices or window replacement.
Emergency renovations specifically include interim controls performed in response to an elevated blood lead level in a child.
Persons performing renovations for compensation in pre-1978 housing may use either _Protect Your Family_ or _Renovate Right_ to comply with the existing requirement to provide a lead hazard information pamphlet to the owners and occupants of target (pre-1978) housing before beginning renovations.
*December 22, 2008*Persons performing renovations for compensation in target (pre-1978) housing or child-occupied facilities must provide _Renovate Right_ to the owners and occupants before beginning renovations.

*April 22, 2009*Training providers may begin applying to EPA for accreditation to provide renovator or dust sampling technician training.

Persons seeking certification as renovators or dust sampling technicians may take accredited training as soon as it is available.

*October 22, 2009*Firms may begin applying to EPA for certification to conduct renovations.

*April 22, 2010*Renovations in target (pre-1978) housing and child-occupied facilities must be conducted by certified renovation firms, using renovators with accredited training, and following the work practice requirements of the rule.


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## rbsremodeling (Nov 12, 2007)

Mike Finley said:


> Is anybody a member of a local builder's association like NARI or the like? Is this topic even being discussed? How the hell did this thing get as far as it has with no out-cry from our community?
> 
> Contractor Talk has how many members? Seems like we are missing the boat by not being able to use our clout to make a difference on something like this instead of spending out time arguing over which hammer is the best.


Yes Nari here is discussing it. It was brought up earlier this year and they are stressing the need for everyone to get the workers and subs certified.


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## Meetre (Nov 2, 2007)

On Rory's advice, I've been looking at NARI. One of the first things to jump at me is the lectures and training that they are offering to get certified for the new lead rules. I must have missed your previous post Mike, but thanks for bringing this up again. What great timing for this. Housing starts are at new lows, all the new construction guys moving into remodeling to get ends to meet, and bam! You're not lead paint cerified! This could end up costing a lot of people a lot of money.


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## Mike Finley (Apr 28, 2004)

Meetre said:


> What great timing for this. Housing starts are at new lows, all the new construction guys moving into remodeling to get ends to meet, and bam! You're not lead paint cerified!


Good way to look at it, lemons into lemonade! :thumbsup:


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## silvertree (Jul 22, 2007)

Being a NARI member has its advantages. Did not know about the 60 day rule (Seems goofy to me), but the classes have been mandatory here if you want to do government sponsored inner city repairs. Not a popular work to go after unless your a minority contractor. The pamplets have been available for a long time, and why not give them out. Homeowners might not read them, but they are cheap enough. The problem always is, its one more thing we will be paying for and one less thing unlicensed contractors will not be paying for. What else is new?

One more thing, Minnesota contractors must be certified before April 2010---------


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## Mike Finley (Apr 28, 2004)

Just got in the mail today the "Colorado's Pre-renovation eduaction rule" pamphlet

Looks like they are calling it the "Lead PRE Rule" - pamplet lists out the qualifications if you apply and what to do. So far all it says is you must distribute the pamplet "Renovate Right" to housing owners and occupants before starting work and retain records for 3 years. 

Doesn't say what records is refering to.

Says excempt work is in housing for elderly or disabled persons unless children will reside there, zero bedroom dwelings, housing declared lead free by a certified lead inspector and emergency renovations or repairs.


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## SLSTech (Sep 13, 2008)

Mike Finley said:


> Just got in the mail today the "Colorado's Pre-renovation eduaction rule" pamphlet
> 
> Looks like they are calling it the "Lead PRE Rule" - pamplet lists out the qualifications if you apply and what to do. So far all it says is you must distribute the pamplet "Renovate Right" to housing owners and occupants before starting work and retain records for 3 years.
> 
> ...


The HO is supposed to fill out a waiver form, notice form, whatever - 3 Years
Test results - 3 Years


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## Stevelsc8721 (Feb 21, 2008)

*Lead Rules*

I took the lead course years ago from Nari, you were supposed to give homeowners the blue pamphlet and discuss the new rules that was years ago. Now a contractor gets this lovely fine ? How about fine everybody for breathing, now I here that farmers are going to have to pay a fee for each farm animal that belches and farts because it contributes to global warming. Al Gore and his crew making money 

Now Obama, I'm glad I'm older now, I'm glad that we are now going to practice socialism take all our money, I'll just sit home and scam like everyone else does. 

Where is my bailout money? I only need one billion I'm not greedy


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## WarriorWithWood (Jun 30, 2007)

Do you have to purchase pre-printed pamphlets or does someone have a link to one I can print out?

EDIT: never mind I found it.

http://www.epa.gov/lead/pubs/renovaterightbrochure.pdf


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## ChainsawCharlie (Jan 16, 2008)

Mike Finley said:


> How are contractors to function if they are basically required to wait 60 days for any renovation project to start?



Looks like you have to know them within 60 days of the start date, if my understanding is correct:


(a) _Renovations in dwelling units _. No more than 60 days before beginning renovation activities in any residential dwelling unit of target housing, the firm performing the renovation must:
(1) Provide the owner of the unit with the pamphlet, and comply with one of the following:
(i) Obtain, from the owner, a written acknowledgment that the owner has received the pamphlet.
(ii) Obtain a certificate of mailing at least 7 days prior to the renovation.


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## rbsremodeling (Nov 12, 2007)

Well its official here now Mike

They sent all contractors an email today* DEC 19* to be prepared and ready to apply the new rules by* DEC 22*:blink:


FOR IMMEDIATE RELEASE CONTACT: Alan Heymann (DDOE)
December 19, 2008 (202) 741-2136
Michael Rupert (DCRA)
(202) 442-4513

Contractors Required to Provide Lead Paint Hazard Brochure​ Part of Sweeping New Federal Regulations on Lead​ Washington, DC – The District Department of the Environment (DDOE) announced that beginning December 22, anyone paid to renovate residential housing or child-occupied facilities (such as daycare centers) built before 1978 must provide a new EPA pamphlet, entitled Renovate Right, to the owners and occupants. Both DDOE and the Department of Consumer and Regulatory Affairs (DCRA) have already begun making the Renovate Right brochures available to the public. 

The brochure requirement begins the national implementation of a sweeping set of EPA regulations called the Renovation, Repair and Painting Rule, otherwise known as RRP. The rule establishes requirements for training and certifying individual renovators and renovation firms, to ensure that the work they do in properties that may contain lead paint is done safely, without generating lead hazards. The rule also establishes cleanup requirements for those whose work disturbs paint in these properties. The use of lead-based paint was not restricted nationally until 1978, and the bulk of the District’s housing was built before lead paint was banned.

“Properly containing and cleaning up lead paint is always crucial for the health of children and expectant mothers because we have so many older homes in the District,” said DDOE Director George S. Hawkins. “These new federal requirements will make the renovation process safer and keep homeowners more informed.”

Experts agree that renovation work, including such standard practices as paint maintenance and window replacement, can generate substantial amounts of leaded dust and debris. 

“The dangers of lead are not limited to massive renovation projects,” said DCRA Director Linda K. Argo. “Even small home improvement projects can create a risk. But by following some simple guidelines outlined by the EPA, everyone can dramatically reduce exposure and safely complete their project.”

Awareness is growing nationally that exposure to even a small amount of lead-contaminated dust can cause significant adverse health consequences for young children. Pregnant women are also at high risk, because the lead they may ingest or inhale crosses the placenta and affects the fetus. 

The Renovate Right brochure can be accessed here: http://www.epa.gov/lead/pubs/renovaterightbrochure.pdf

# # #​ Alan Heymann | Director, Public Information | District Department of the Environment
Office (202) 741-2136 | Cell (202) 669-5817 | Fax (202) 535-2881 | 51 N Street, NE, Sixth Floor | Washington, DC 20002
Find us on Facebook!


Amber A. Sturdivant, RS

Environmental Protection Specialist
Lead and Healthy Housing Division
Compliance & Enforcement Branch
District Department of the Environment
51 N Street, 6th Floor
Washington, DC 20002
Phone: 202-478-2441
Fax: 202-481-3770

www.ddoe.dc.gov


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## BSmart (Sep 1, 2008)

There is an article in Remodeling magazine this month that talks about it. I have seen the pamphlets at the local Sherwin Williams, but didn't know about the new training stuff until I read the article. I am sure you can find the article online, it explained a lot of the stuff pretty well.


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## Tom Struble (Mar 2, 2007)

i saw the pamphlet at sherwin also and i hear the lead abatement done is subject to inspection


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## ChrWright (Jul 17, 2007)

I thought I'd bump this thread up since it will be affecting all of us sooner than later. 

Our local NARI chapter is bringing in an EPA training group to our next monthly meeting to discuss the ins and outs of the new legislation and everything involved in certifying. We are also putting together a group training at a discounted rate--both the basic cert and the trainer's cert (so you can train and certify your own people.)

Anyone local (the Indianapolis area) is welcome to come to this meeting next month. Here's the info from the NARI Indy website:

"06/11/2009 11:30 AM
To be held at:
Scottish Rite Cathedral, Near downtown Indianapolis


General Meeting
EPA Lead Training
This could be the MOST important meeting you attend all year. The EPA is requiring new practices when working on any project that deals with lead. Do you have the training needed? NO! In fact, you are not to use ANY training you’ve had in the past. The information at this meeting will be from a licensed EPA trainer. More information will be presented about NARI group training with DISCOUNTS for NARI members."


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## JamesKB2 (May 13, 2009)

Thanks for the bump, I have heard about this, some are scared, some are saying B.S., but all persons in remod will have to start using the notification method. I use it now, but most of my work is post '78. However, I do it anyway, so there's no question about compliance (or liability). Believe it or not, the majority of customers roll their eyes about it, have an attitude similar to ours of "what next, a form to breath?" and sign it. I do act pro about it, say it is a serious matter in some instances, and move on. I've had three jobs where I was uncertain of age and had a lead test done JUST TO BE SURE. All of them came back negative.

You might get away with non compliance time and time again, but it only takes once to ruin or seriously damage your business or reputation. I live in an area where most people are "common sense" and self sufficient, but in your high paranoia, litigious areas, I bet some are just waiting for the "wrong guy" to happen by and nail him....

I'm not certified, actually, but will be working towards that so I am compliant. Thanks again for moving this up in rotation.


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## ChrWright (Jul 17, 2007)

I've only scanned the new regs but as I understand it--if you remodel a house built prior to 1978, you're going to have to have someone on site who is certified. 

I believe you'll also have to get your firm registered, and they have up to 90 days to review your application and respond. The point being--I'd line up your training and applications this year, before they get flooded with last minute paperwork after the first of the year.


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## rbsremodeling (Nov 12, 2007)

They have already put it into affect here for government funded rehabs. It will be in full effect next year.


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## RenaissanceR (May 16, 2006)

*HUD Course*

[deleted]


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## JonM (Nov 1, 2007)

In Connecticut we can get certified here

http://www.ct.gov/dph/cwp/view.asp?a=3140&q=387580

Here are some prices for one of the above mentioned

http://www.chem-scope.com/chem03/chem03frame.htm


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## monkey (Jan 25, 2009)

I watched my old boss paint a garage window with lead paint in 92 or so.
HO came out with an old paint can and asked if we could use it.
Boss said "do you have young Kids in here" "No" < They were an older couple. Bossman said sure it will be nice to use "real" paint again.


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## kubie (Oct 19, 2008)

i just took the lead safe class the blue book is for landlords, renters ect, the gray/green book is for everyone else just cuz you take the lead safe class, you still cant remove any lead paint(now its 2 sq ft....2110 it will be 6 sq ft) only a lead abaitment worker can remove lead paint and they still ant remove anything without a supervisor you need to take all the classes and pas a state test to be a supervisor.


lead op-out form for homeowners with no child or preg woman or any home that doesnt have a child under 6 visiting for a certian time/day/week/year 


Homeowner opt-out form


Waiver for lead safe practices ____I have received a copy of the Renovate Right pamphlet informing me of the potential risk of the lead hazard exposure from the renovation activity to be performed in my dwelling unit. I received this pamphlet before work began. ___A. I confirm that I own and live in this property, and that no child under the age of 6 years old resides here, that no pregnant woman resides here, and that the property is not a child-occupied facility. Also no child visits regularly by the same child under the age of 6 on two different days during any given week, for at least 6 hours each day, provided the visits total at least 60 hours annually. If box A is checked, check either box B or C, but not both. ___B. I request that the renovation firm use the lead safe work practices required by the EPA ___C. I understand that the renovation firm will not be required to use the lead safe work practices required by the EPA and hereby waive the renovator on any liability that may occur from lead dust that may enter my dwelling. I fully understand the health risks involved in removing lead painted objects or surfaces. ________________________________________________________________ Homeowner(s) _____________________ Date


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## Ed the Roofer (Dec 12, 2006)

kubie said:


> i just took the lead safe class the blue book is for landlords, renters ect, the gray/green book is for everyone else just cuz you take the lead safe class, you still cant remove any lead paint(now its 2 sq ft....2110 it will be 6 sq ft) only a lead abaitment worker can remove lead paint and they still ant remove anything without a supervisor you need to take all the classes and pas a state test to be a supervisor.
> 
> 
> lead op-out form for homeowners with no child or preg woman or any home that doesnt have a child under 6 visiting for a certian time/day/week/year
> ...


 
Boy, I bet they have second thoughts about signing that waiver if they read it through. It sounds like any resident will succumb to impending doom when having that work done.

Ed


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## Cdat (Apr 18, 2007)

Mike Finley said:


> Is anybody a member of a local builder's association like NARI or the like? Is this topic even being discussed? How the hell did this thing get as far as it has with no out-cry from our community?
> 
> Contractor Talk has how many members? Seems like we are missing the boat by not being able to use our clout to make a difference on something like this instead of spending out time arguing over which hammer is the best.


What happened to your middle of the road outlook in life? Hurts when it hits home, huh?:laughing:


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## Mike Finley (Apr 28, 2004)

Cdat said:


> What happened to your middle of the road outlook in life? Hurts when it hits home, huh?:laughing:


Are you drunk or stoned or fall off the bi-polar meds when you wrote that?

It makes about as much sense either way.


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## Aframe (Mar 24, 2008)

for those looking for training programs hope this helps.


http://cfpub.epa.gov/flpp/search.cfm?Applicant_Type=training


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## jaros bros. (Jan 20, 2009)

Providing a homeowner with a EPA brochure is nothing new. That has been law for as long as I remember, but I'm only 30. Most homeowners brush the warnings aside, even joking about it. It's not so much a problem with adults, but with kids it can cause major developmental problems. It's nothing to take lightly. When ever a child goes to the doctor for a cold or flu, they have to check for lead poisoning too. It's a standard procedure in the medical field. It's also a big liability for contractors that have to deal with it.


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## BMAN (Aug 21, 2006)

The sad part about this is that the average homeowner will not be able to afford the work to be done using lead safe practices. To wet sand the exterior of a house by hand will take a month adding thousands to the job. We are avoiding work in the city and staying in the suburbs because of this. Its a shame that the only people working on city homes will be scabs and governement subsidized type contractors. The lead law that our city passed was designed to help control landlords but ends up tying the hands of contractors.


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## Paulie (Feb 11, 2009)

I have been a licensed lead abatement supervisor for years. I didn't renew my licence this time around because of insurance. If you do lead work around here it's 5,000 to your insurance agent. So my question is, if you do a remodel on a house built prior 78' it's presumed lead, do you have to carry hazardous material insurance?


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## kubie (Oct 19, 2008)

i was told by one of the instructors, who has been removing lead paint for 15 yrs, is that he just uses his general ins for the lead paint removal. he doesnt do alot of work in the lead paint area so his ins doesnt ask him to have additional ins. could be a problem if anyone ever gets sick though


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## Paulie (Feb 11, 2009)

whoops


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## Paulie (Feb 11, 2009)

Nope that won't fly here in MI. Lead abatement contractors have to carry insurance to cover hazardous materials. There are contractors here that if they don't get the bid they will check to see if your covered. If not the state will remove you from the job! So that's were my question comes from, if the state is forcing you to become licensed are they going to force you to carry the insurance? I can hear the insurance agents licking their chops already!


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## davitk (Oct 3, 2008)

paulie said:


> Nope that won't fly here in MI. Lead abatement contractors have to carry insurance to cover hazardous materials. *There are contractors here that if they don't get the bid they will check to see if your covered. If not the state will remove you from the job!* So that's were my question comes from, if the state is forcing you to become licensed are they going to force you to carry the insurance? I can hear the insurance agents licking their chops already!



:thumbup:


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## kubie (Oct 19, 2008)

looks like it will be at least $1500 min/year http://www.j6insurance.com/environmental_insurance.asp


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## tuffplay (Sep 27, 2009)

*Epa*

Obama just increased their budget by 33% - that contractor is paying to expand the EPA! Sweet OBAMANOMICS!


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## Cdat (Apr 18, 2007)

Ain't hard to get certified and if you can't play with the big boys, maybe you need to get out of the playground.:whistling


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