HUD’s Lead Safe Housing Rule (LSHR)
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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


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Why the Lead Safe Housing Rule?

  • To protect children in Federally-assisted and Federally-owned housing

  • To ensure the viability of low-income housing


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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


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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.)

4


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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


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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


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Three Basic Requirements

  • Evaluation

  • Lead Hazard Control

  • Clearance


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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


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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)


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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


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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


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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


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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


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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


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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


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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)


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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


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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


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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


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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


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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


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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


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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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