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HUD’s Lead Safe Housing Rule (LSHR) 24 CFR Part 35, subparts B-R

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HUD’s Lead Safe Housing Rule (LSHR) 24 CFR Part 35, subparts B-R Why the Lead Safe Housing Rule? To protect children in Federally-assisted and Federally-owned housing To ensure the viability of low-income housing HUD’s Lead Safe Housing Rule 24 CFR Part 35

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HUD’s Lead Safe Housing Rule (LSHR)

24 CFR Part 35, subparts B-R

why the lead safe housing rule
Why the Lead Safe Housing Rule?
  • To protect children in Federally-assisted and Federally-owned housing
  • To ensure the viability of low-income housing
hud s lead safe housing rule
HUD’s Lead Safe Housing Rule
  • 24 CFR Part 35
  • Covers all Federally-assisted target housing and Federally owned housing being sold
  • Effective September 15, 2000
  • Requirements depend on type and amount of federal housing assistance
  • Volunteers often used in Federally funded:
    • Rehab programs
    • Homebuyer programs
why is the lshr significant

Why is the LSHR Significant?

  • Implements Sections 1012 and 1013 of Title X (“ten”) of the Housing and Community Development Act of 1992
  • Stresses prevention of lead poisoning by controlling dust associated with lead-based paint
  • Affects other HUD programs (CDBG, HOME, etc.)

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typical exemptions
Post-1978 Housing

Zero-bedroom units

Housing exclusively for elderly or disabled

Property evaluated as free of lead-based paint (LBP) or where LBP was removed

Unoccupied property pending demolition or not in use

Rehab that does not disturb a painted surface is exempt

Typical Exemptions
historic preservation exemption
Historic Preservation Exemption
  • If property is listed as historic, is eligible to be listed, or contributes to a historic district
  • When abatement is required, State Historic Preservation Officer may request interim controls be performed instead
  • Grantees application/enrollment process to ask if property is historic
  • Communicate with government historic preservation office
three basic requirements
Three Basic Requirements
  • Evaluation
  • Lead Hazard Control
  • Clearance
step 1 evaluation
Step #1: Evaluation
  • Paint testing- Testing lead content of:
    • Deteriorated paint
    • Painted surfaces to be disturbed or replaced
  • Lead-based paint inspection – Surface-by-surface investigation to determine presence of LBP and provision of report
  • Risk assessment – On-site investigation to identify the existence, nature, severity and location of LBP hazards and provision of report
  • All require EPA/State lead certification
  • Level of evaluation correlates to level of federal assistance
risk assessment
Risk Assessment
  • Identification of LBP hazards
  • Includes
    • Visual inspection for deteriorated paint
    • Information on occupant use
    • Testing of deteriorated paint and possibly other surfaces
    • Dust sampling
    • Soil sampling
    • Report
  • Performed by a State- or EPA-certified risk assessor

40 CFR 745.227(d)

lead hazard criteria for risk assessment
Lead Hazard Criteria for Risk Assessment
  • Deteriorated paint
  • Lead in dust (clearance/risk assessment)
    • Floors 40 mg/ft2
    • Interior window sills 250 mg/ft2
    • Troughs 400 mg/ft2 (clearance)
  • Lead in bare soil (risk assessment)
    • Play areas 400 mg/g
    • Other soils 1,200 mg/g
notice requirements
Notice Requirements
  • EPA (“blue”) Pamphlet, if not already provided
  • Notice of evaluation or presumption
    • Within 15 days of receipt of report
  • Notice of hazard reduction
    • Within 15 days of completion

24 CFR 35.125

step 2 lead hazard control
Step #2: Lead Hazard Control
  • Interim Controls
    • Paint stabilization
    • Option for Standard Treatments
  • Ongoing LBP Maintenance and Re-evaluation
  • Abatement
    • Lead-Based Paint Hazards (rehab over $25,000)
    • Lead-Based Paint (only for Public Housing)
    • Refers to EPA 402 Rule (40 CFR 745) for work practice standards and certification requirements
  • Depends on Type and Amount of Federal Assistance
prohibited work methods
Prohibited Work Methods
  • Open flame burning
  • Machine sanding or grinding without HEPA control
  • Abrasive blasting or sandblasting without HEPA control
  • Heat guns over 1,100o F
  • Dry sanding or scraping (except with heat guns, within 1 foot of electrical outlets or on areas less than 2 sq. ft.)
  • Hazardous volatile paint strippers (e.g., methylene chloride)

24 CFR 35.140

interim controls
Interim Controls
  • Intent is not to permanently eliminate LBP or LBP hazard(s) *check State regs.
  • Activities include
    • Paint stabilization
    • Treating friction or impact surfaces
    • Chewable surfaces
    • Dust-lead hazard control
    • Soil-lead hazard control
interim controls contd
Interim Controls, contd.
  • Includes occupant protection
  • Clearance required except for very small amounts
  • Training in HUD-approved Lead Safe Work Practices course required (usually not certification)
  • Safe Work Practicesand Clearance required
paint stabilization
Paint Stabilization
  • A type of Interim Control
  • Includes:
    • Substrate repair
    • Surface preparation methods; potentially hazardous
    • New paint
  • Ex: Required when a unit receives greater than $5,000 unit in rehab assistance

24 CFR 35.1330(b)

abatement
Abatement
  • Intent is to permanently eliminate LBP or LBP hazard(s) *Check State regs
  • Certified personnel
  • May be abatement of Lead-Based Paint or Lead-Based Paint Hazards
  • Methods include
    • Encapsulation, enclosure, component replacement or removal of paint
    • Paving or removal for soil
  • Clearance by inspector or risk assessor

24 CFR 35.1325

step 3 clearance
Step #3: Clearance
  • Two Parts:
    • Visual Assessment
    • Dust sampling
      • Interim Dust Lead standards
      • Same as EPA in 403, Lead Hazard Identification Rule
  • Certified, or trained and supervised personnel
    • Inspector
    • Risk Assessor
    • Sampling Technician where allowed
lead clearance criteria
Lead Clearance Criteria
  • Deteriorated paint
  • Lead in dust (clearance)
    • Floors 40 mg/ft2
    • Interior window sills 250 mg/ft2
    • Troughs 400 mg/ft2 (clearance)
  • Lead in bare soil
    • Replacement soil 400 mg/g
a word on visual assessment
A Word on “Visual Assessment”
  • Not an Evaluation; provides no lead information
  • 3 Uses:
    • In periodic inspections by PHA/HQS
      • To identify deteriorated paint needing paint stabilization
    • Part of clearance
      • To identify dust and debris
      • To identify deteriorated paint
    • In ongoing LBP Maintenance by owner
      • To identify failed hazard reductions
      • To identify deteriorated paint
safe work practices sec 35 1350
Safe Work Practices, Sec. 35.1350
  • Required during:
    • Ongoing LBP Maintenance
    • Paint stabilization
    • Rehab (<$5,000)
    • Standard treatments
  • Prohibited methods Sec. 35.140
  • Occupant protection and worksite preparation Sec. 35.1345
  • Specialized cleaning Sec. 35.1350(c)
  • De minimis levels Sec. 35.1350 (d)

24 CFR 35.1350

de minimis levels
De Minimis Levels
  • Work which disturbs less than
    • 20 square feet on exterior surfaces
    • 2 square feet in any one interior room or space
    • 10 percent of total surface area of interior or exterior component type with a small area (sills, baseboards, etc.)
  • Exception to Safe Work Practices and Clearance

24 CFR 35.1350

subpart j rehabilitation
Subpart J: Rehabilitation
  • Up to $5,000 per unit hard costs
      • Paint testing and repair
      • Use Lead Safe Work Practices (LSWP)
      • Clearance
  • $5,000 up to $25,000
      • Risk assessment
      • Interim Controls
      • Clearance
  • Over $25,000 per unit
      • Risk Assessment
      • Abatement of all identified LBP Hazards (Not all LBP)
      • Clearance
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Subpart J: Requirements

  • Hard costs
    • Only the lead hazard control activities on projects greater than $25K are considered abatement
    • Not the entire scope of work
  • It’s Abatement When:
    • Court order
    • Regulatory requirement
    • Specification or contract document
    • Abatement method used and cost categorized as lead cost
  • Additional information provided in Contractor Capacity Session
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