Sample Specification and Notification Language
Notification Of Intent To Use PCCP
In the early 1990's when there were limited numbers of both certified contractors and owners specifying PCCP, we recommended that large owners announce their intent to use PCCP. This was intended to give the contractor community time to react to the upcoming requirements for PCCP. Today, it is not considered necessary to make this announcement, except under certain conditions. Much depends on the "local" contractor community, and the potential impact on this community. Following are a few selected notices that have been used:
Owners can use these examples as models for their own documents.
NOTICE TO CONTRACTORS:
This is to advise all concerned parties that projects advertised on or after _________ will require that any painting contractors engaged in surface preparation and coating application be certified according to SSPC-QP 1.
NOTICE TO CONTRACTORS:
Please be advised that projects advertised on or after _________ will require that ANY contractor or subcontractor engaged in lead paint removal be certified by SSPC under SSPC-QP 2. This certification is in addition to the SSPC-QP 1 certification currently required for any contractor/subcontractor engaged in surface preparation and coating application on steel structures required in the contract. If only surface preparation and coating application are required by the contract (for new steel applications), then only SSPC-QP 1 certification will be required.
NOTICE TO CONTRACTORS:
Please be advised that all shop painting of structural steel fabricated for projects advertised on or after _________, shall be done by companies that are certified by the American Institute of Steel Construction (AISC) under its Sophisticated Paint Endorsement (SPE) quality program or by SSPC: The Society for Protective Coatings under its QP 3 quality program. Shops shall be certified to category (choose one: enclosed shop, covered shop, or open shop). The companies shall be fully certified for the duration of time they are performing surface preparation and coating application. Optional statement for those requiring enclosed or covered shop: The complete coating system shall be applied in (designate type of shop) except for field touch up painting.
Placing Requirement for PCCP in Project Specification
Following is proposed wording that conveys the intent of PCCP implementation:
All contractors and subcontractors that perform surface preparation or coating application shall be certified by the Society for Protective Coatings (formerly Steel Structures Painting Council) (SSPC) to the requirements of SSPC QP 1 prior to contract award, and shall remain certified while accomplishing any surface preparation or coating application. The painting contractors and painting subcontractors must remain so certified for the duration of the project. If a contractor's or subcontractor's certification expires, the company will not be allowed to perform any work until the certification is reissued. Requests for extension of time for any delay to the completion of the project due to an inactive certification will not be considered and liquidated damages will apply. Notify the Owner of any change in contractor certification status.
This requirement should normally be placed in each specification section that requires surface preparation and paint application. A similar requirement should be placed in the specification section where removal or disturbance of paint containing hazardous materials is specified.
Enforcing PCCP Requirements
It is incumbent upon each owner to enforce the PCCP requirements in a manner that is fair and reasonable. Rules for certification and re-certification have been established to provide a reasonable amount of time for all parties to perform the required tasks, however, SSPC can provide temporary extensions where "good-faith" efforts have not succeeded in fulfilling all requirements. It is recommended that each owner establish a policy of enforcement of the basic PCCP requirement, and the following policy fosters continuous certification and is recommended:
Contractors will be allowed to work during their certification period only. Upon expiration of the certification, work shall be stopped and may re-start only upon presentation of a valid certification, or written certification extension, from SSPC. No grace period will be allowed and liquidated damages will not be waived for non-performance due to expired certification.