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Implementing the Lead Safe Housing Rule in Moderate Rehabilitation Department of Housing and Urban Development: Office of Public and Indian Housing, and Office of Healthy Homes and Lead Hazard Control www.dennisonassociates.com HUD disclaims responsibility for accuracy of presentation

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Implementing the

Lead Safe Housing Rule in

Moderate

Rehabilitation

Department of Housing and Urban Development:

Office of Public and Indian Housing, and

Office of Healthy Homes and Lead Hazard Control

www.dennisonassociates.com

HUD disclaims responsibility for accuracy of presentation


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What Are Lead Hazards?

  • Lead contaminated dust

  • Deteriorating lead-based paint

  • Lead contaminated soil

  • Friction and impact surfaces of lead-based painted building components

24 CFR 35.110


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Legislation

  • Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X)

“To reduce the threat of childhood lead poisoning in housing owned, assisted, or transferred by the Federal Government.”

Requires interagency cooperation

24 CFR 35.100


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Federal Regulations

HUD/EPA Lead Disclosure Rule *

HUD Lead Safe Housing Rule *

OSHA Lead in Construction Rule

EPA Identification of Dangerous Levels of Lead

EPA Pre- Renovation Education Rule

EPA Training and Certification Requirements

*These are the rules we will discuss today.

24 CFR Part 35,Subpart A

24 CFR Part 35,Subparts B-R

29 CFR Section 1926.62

40 CFR Part 745, Subparts D, E and L


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HUD/EPA Lead Disclosure Rule

  • EPA & HUD—Joint Disclosure Regulation—Section 1018

    • Requires disclosure of known lead-based paint (LBP) and knownLBP hazards at sale and rental of pre-1978 housing

24CFR Part 35,Subpart A


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Disclosure Regulation

  • Sellers and lessors must:

    • Provide the pamphlet about lead hazards

    • Disclose any known lead-based paint and/or lead-based paint hazards & provide reports. Lessors can provide report summaries, with full reports on request.

24 CFR Part 35 Subpart A


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Disclosure Regulation

  • Sellers must:

    • Allow buyers to have a LBP inspection and/or risk assessment (at buyer’s expense) before becoming obligated

  • Lessors must:

    • Include a lead warning statement in the lease.

24 CFR Part 35 Subpart A


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Lead Safe Housing Rule

  • Issued by HUD

  • Protects families in housing receiving federal assistance

  • Covers the Mod Rehab program

24CFR Part 35,Subparts B-R


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Notification Requirements

  • Occupants of mod rehab units must be notified of:

    • Lead hazard evaluation results

    • Lead hazard reduction activity

24 CFR 35.125


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Safe work practices

  • Safe work practices are required if painted surfaces to be disturbed exceed:

    • 20 sq ft on exterior surfaces;

    • 2 sq ft in any one interior room; or

    • 10% of total surface area of an interior or exterior type of component with a small surface area (e.g., window sills)

  • Clearance exam required to ensure safe reoccupancy when these amounts of work are conducted

24 CFR 35.1350


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IMPORTANT TERMS:Lead-Based Paint Hazard

Condition which causes exposure to lead that would result in adverse human health effects

The EPA has set standards for lead-based paint hazards, such as specific amounts of lead in dust and lead in soil

24 CFR 35.110


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IMPORTANT TERMS:Visual Assessment

  • An examination of a property by a trained individual to identify deteriorated paint

  • Not a lead-based paintevaluation

24 CFR 35.110


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Qualifications Required for a Person Who Performs:

Visual Assessment:

Web-based training module through HUD’s website:

www.hud.gov/offices/lead/training/training_curricula.cfm


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IMPORTANT TERMS:Risk Assessment

On-site investigation to determine:

If lead-based paint hazards are present

Where they are

How severe they are

Lead content of deteriorated paint only

Recommends steps for lead hazard reduction in a report

Is not a complete lead-based paint inspection or a substitute for inspection

24 CFR 35.1320(b), 40 CFR 745.227(d)


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Qualifications Required for a Person Who Performs:

Risk Assessment:

  • Trained

  • Certified by EPA or the state

  • Check EPA or state for education and/or experience needed for certification

40 CFR 745.226(b)


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IMPORTANT TERMS:Interim Controls

  • Measures that temporarily reduce LBP hazards

    • Paint stabilization

    • Treatment of friction and impact surfaces

    • Ongoing LBP maintenance

    • Specialized cleaning

    • Soil controls (bark, gravel, sod, artificial turf)

  • Clearance required above de minimis

24 CFR 35.1330


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IMPORTANT TERMS: Paint Stabilization

  • Repair the substrate or cause of deterioration

  • Prepare the surface

  • Apply new paint

  • Clearance is required for amounts above de minimis

24 CFR 35.1330(b)


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Qualifications Required for a Person Who Performs:

Interim Controls:

  • Trained in accordance with OSHA Hazard Communication Standard for the construction industry

    AND EITHER

  • Supervised by certified LBP abatement supervisor, OR

  • Have completed HUD/EPA approved lead safe work practices training

35 CFR 35.1330(a)(4)


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IMPORTANT TERMS:Lead Safe Work Practices

  • Elements of Lead Safe Work Practices include:

    • Protect the occupants (may require temporary relocation)

    • Prepare the worksite

    • Control and contain dust

    • No use of prohibited work practices

    • Clean up the worksite to pass clearance

24 CFR 35.1350


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IMPORTANT TERMS:Clearance Examination

  • An examination conducted to ensure that the site is safe for occupancy

  • Clearance Examination has two parts:

    • Visual assessment

    • Dust wipe testing

24 CFR 35.1340, 40 CFR 745.227(e)


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Qualifications Required for a Person Who Performs:

Clearance Examinations:

  • After abatement projects: trained and Certified Inspector or Risk Assessor,

    or

  • After non-abatement projects: may be the people above or a Sampling Technician, subject to state regulations

24 CFR 35.1340(a), 40 CFR 745.226(b)


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EIBLL Children

  • The presence of a child (under 6 years old) with an Environmental Intervention Blood Lead Level (EIBLL) requires:

    • Verification

    • Risk assessment within 15 days

    • Hazard reduction within 30 days

    • Notice of evaluation and hazard reduction to occupants

    • Report to health department

24 CFR 35.730


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Project-based Rental Assistanceand Mod Rehab

  • Multifamily units with up to $5,000 annual assistance per unit

  • All single-family mod rehab

  • Requirements:

    • Periodic visual assessment

    • Paint stabilization and clearance

    • Ongoing LBP maintenance

    • Special requirements for EIBLL children

24 CFR 35.700-35.730


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Project-based Rental Assistance

  • Multifamily units with average over $5,000 annual assistance per unit

  • General requirements

    • Risk Assessment

    • Ongoing LBP Maintenance

    • Interim controls and clearance

    • Special requirements for EIBLL children

24 CFR 35.700-35.730


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Deadline Dates for Risk Assessments

  • Multifamily units with over $5,000annual assistance per unit: pre-1960

    • Original deadline: 11/30/01

    • If enrolled in the Big Buy: 9/15/03

      For information contact Elliott Johnson at: Elliott_M._Johnson_Jr@hud.gov or(202) 755-1785 ext. 104


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Deadline Dates for Risk Assessments

  • Multifamily units with over $5,000 annual assistance per unit: 1960-1977

    • Risk assessment by 9/15/03

    • Interim controls w/in 90 days if child under 6

    • Interim controls w/in 12 months—all other cases

    • State laws may be more stringent

    • Incorporate LBP maintenance into regular building operations

24 CFR 35.715(a)(2)


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The “Big Buy”

  • HUD paying for inspections / risk assessments in multifamily Project-Based Sec 8 over $5,000 annually per unit

  • Owners enrolled by Sept. 15, 2003

  • Some risk assessments completed; project is continuing


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Muiltifamily over $5000:If You Have a Risk Assessment….

  • Perform interim controls within 90 days where there is a child under 6 (and common areas that family can go)

  • Perform interim controls within 12 months in all other cases

  • Incorporate LBP maintenance into regular building operations

24 CFR 35.715(b)


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Muiltifamily over $5000:If You Do Not Have a Risk Assessment…

  • Obtain a risk assessment

  • Incorporate ongoing LBP maintenance into regular building operations and plan for reevaluation

  • If enrolled in the Big Buy, property complies with Rule’s 9/15/03 deadline

  • Cooperate with HUD’s contractor


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Ongoing LBP Maintenance

  • Perform paint stabilization, if necessary

  • Perform other lead hazard reductions, if necessary

  • Use lead safe work practices

  • Clearance of unit (worksite if contained)

  • Notice to occupants

  • Ask tenants to report deteriorated paint

24 CFR 35.1355


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Reevaluation

  • General Requirements:

    • Required if >$5,000 assistance per unit (unless no LBP, or LBP was abated and no abatement failure has been found)

    • Conducted by certified Risk Assessor

    • Identifies new lead hazards or failure of interim controls

    • Performed every 2 years unless two consecutive reevaluations find no LBP hazards (a benefit of good maintenance)

24 CFR 35.1355(b)


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Reevaluations (cont.)

  • Select sample of units (as for LBP inspection)

  • Conduct visual assessment

  • Evaluate interim control, encapsulation or enclosure treatments that are failing

  • Test any deteriorated paint surfaces for lead content

  • Sample floors and window sills for dust lead hazards

  • Prepare report and notify occupants


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Free Lead Safe Work Practices Training

  • National Paint and Coatings Association (NPCA) is sponsoring free courses nationwide over 3 years (2004-2006)

  • Target audience is state and local employees, contractors, remodelers, maintenance employees

  • Uses HUD/EPA curriculum, “Lead Safety for Remodeling, Repair and Painting”

  • Information available from:

    • NPCA’s website: www.leadsafetraining.org

    • NPCA’s course contractor: 866-232-5419 (toll-free)


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For Additional Information

  • Questions about Part 35?

    HUD Lead Regulations Hotline

    • e-mail:

      lead_regulations@hud.gov

    • Phone: (202) 755-1785 x 104


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For Additional Information

  • HUD lead web site~www.hud.gov/offices/lead

  • EPA lead website~www.epa.gov/lead

  • National LeadInformation Center~1-800-424-LEAD

  • Lead professionals~www.leadlisting.org

    1-888-LEADLIST

  • Active HUD Lead Hazard Grantees in 36 states; contacts posted on HUD’s lead website


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