1

CDBG Lead-Based Paint Requirements

For Grant Administrators

2

Why do we care?

• Harmful to the body• Stored in organs and bones• Long-lasting physical and neurological

problems• Children under 6 yrs. and unborn babies

most vulnerable

3

4

Where is it?

• Toys, fishing equipment, blinds, crayons, water, pottery, lead crystal, solder

• Pre-1978 homes• Higher percentage in pre-1950 homes

5

Lead-based paint hazards in a pre-1978 home

• Dust and paint chips• Deteriorated painted / varnished surfaces• Friction surfaces• Impact Surfaces• Chewable surfaces• Soil

6

Lead-based paint regs

• New regulations published in 1999• Section 1012 of the Residential Lead-Based

Paint Hazard Reduction Act of 1992• a.k.a Title X Subpart J• 24 CFR Part 35

7

Applicability

• If you are doing rehab on a pre-1978 home, and broken painted surfaces exist, or if the work you are doing will break paint, you must address all potential lead hazards, including soil.

8

Purpose

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

9

Exemptions

• House built after 1-1-78 • Housing exclusively for elderly (unless

children under 6 could be present for prolonged periods of time )

• SROs, efficiency apts, dorms, military barracks

• Certified lead-free property

10

Exemptions

• Property where LBP was removed and clearance was achieved

• Unoccupied units that will remain vacant until it is demolished

• Non-residential property • Rehab where a painted surface will not be

disturbed

11

Exemptions

• Rehab where only a “de minimis” amount of paint is disturbed

• Emergency repair actions needed to safeguard against imminent danger or further structural damage

• Emergency housing (e.g. homeless) assistance that lasts less than 100 days per year

• NOTE: All exemptions must be documented

12

What you need to do:

DisclosureInspection EvaluationAddress the HazardClearanceNotification

13

Disclosure

• Pamphlet: Protect Your Family From Lead in Your Home−http://www.hud.gov/offices/lead/outreach/

• Owners and tenants

14

Disclosure

• Evaluation of lead-based paint• Forms

−Owners and renters

• Sample forms:−http://www.hud.gov/offices/lead/disclosurerule/

index.cfm

15

Inspection

• Inspect the home to determine needed rehab

• Important to identify all repairs needed

16

Evaluation

• < $5,000 per unit −Test paint or presume LBP

• >$5,000 per unit−Test paint or presume LBP−Risk assessment

17

Evaluation

• When do you presume lead?−Property is in poor condition−Rehab job is small−You have reason to believe lead exists

Pre-1950 building Similar units in the neighborhood

−Work needs to begin immediately

18

Pre-Rehab

• Develop estimate• Allocate costs to rehab or LBP• Treatment method based on cost of non-

lead rehab• Determine treatment method

ALWAYS:−Lead-safe work practices by trained personnel−Occupant Protection Plan By Contractor

19

TERMS TO KNOW

• Standard Treatments• Interim Controls• Abatement• Lead Safe Work Practices

20

Standard Treatments

• Stabilize all deteriorated paint (interior and exterior)

• Create smooth cleanable horizontal surfaces

• Correct dust generating conditions−Friction surfaces−Impact surfaces

• Treat bare soil−To make LBP contaminated soil inaccessible

21

Interim Controls

• Acceptable way to reduce exposure to LBP hazards, although not permanent

• Paint stabilization• Treatment of friction & impact surfaces• Treatment of chewable surfaces• Lead-contaminated dust control (24 CFR

35.1330)• Lead-contaminated soil control

22

Abatement

• Permanent elimination of lead-based paint hazards

• Remove lead-based paint and its dust• Permanently encapsulate or enclose the

LBP• Replace components that have LBP

Abatement

• Remove or permanently cover lead-contaminated soil

• If ordered by enforcement agency

24

Lead Safe Work Practices

• Occupant Protection Plan• Done by Contractor• Must include:

−No entry into worksite−Temporary relocation if necessary−Protect contents of home from LBP contamination

25

Temporary Relocation

• Necessary when:−Can’t use kitchen or bath due to rehab work−Can’t close off work area from balance of living

area−Children may be exposed to LBP dust

• NOT necessary when:−Work done in an 8-hour period−Possible to secure worksite−Waiver -- for elderly occupants

26

Lead Safe Work Practices

• Worksite Preparation and Containment• Prohibited methods• Worksite Cleanup• One-day training for workers• Not required for de minimis levels of work• 24 CFR 35.140; 35.1350; 35.1345

27

Worksite Preparation

• Prevent LBP and dust from leaving worksite• Minimize spread of dust, paint chips, soil and

debris• 6 mil plastic on floors and over doors• Warning signs regarding LBP hazard

reduction activities

28

Prohibited Methods of Abatement

• Some methods of paint removal are prohibited because they increase the lead hazard−Open flame burning or torching−Machine sanding or grinding−Abrasive blasting−Paint stripping in poorly ventilated space

• 24 CFR 35.140

29

Cleanup and Clearance

• ALL worksites must be cleaned and pass a clearance test that assures the area has been properly cleaned of lead-based paint.

• Clearance Report−Documents results of clearance test−To UGLG, owner, and occupant

• Clearance test NOT done by contractor

30

ALWAYS

• Notifications to owner/occupant [24 CFR 35.125]−HUD pamphlet−Evaluations, work to be done, clearance reports

• Lead-safe work practices

• Clearance [24 CFR 35.1340]−Work site−Entire Unit

31

Determining Level of Rehab Assistance

• 24 CFR 35.915• Per unit amount of rehab “hard” costs• Federal Funds Only• NOT lead paint related costs• Not “soft” costs

32

Determining Level of Rehab Assistance

• Total Rehab Cost Estimate• Subtract identified LBP costs

−Cost of work damaging a painted surface−Cost of work addressing deteriorated paint−Cost of other work components with potential for

LBP impact

• = Level of rehab assistance

• Cost Allocation Document to show how level of rehab was determined

33

Getting the work done

• Treatment method is based on the amount of non-lead rehabilitation costs per unit

−< $5,000

−$5,000 - $25,000

−> $25,000

34

< $5,000

• Do no harm (to the occupant) • Test paint or Presume• Rehab as usual with Lead Safe Work

Practices• Use Standard Treatments on broken or

deteriorated painted surfaces• Clear the worksite

35

> $5,000 - $25,000

• Must Control Lead Hazards

• Test Paint and Do Risk Assessment−Interim Controls

- or-• Presume LBP

−Standard Treatments

• Clear Unit

36

> $25,000

• Test Paint and Do Risk Assessment−Abate LBP Hazards−Interim Controls Allowed on Exterior Surfaces not

otherwise disturbed-or-

• Presume LBP −Abate all applicable surfaces

• Clear Unit

37

Clearance/Notification

• ALWAYS Do this!

• Methods and standards per EPA at 40 CFR 745.227(e)

• Must be done by certified clearance inspector

• NOT done by contractor who did the work

• Copy of report to owner and occupant

• 24 CFR 35.930

38

Clearance

• < $5,000 non-lead rehab• Worksite only• Not necessary if work is de minimis

• > $5,000• Clear entire house

39

Clearance

• Occupants allowed back on site ONLY after clearance has been achieved

• Don’t pay contractor until clearance has been achieved

State Requirements/Resources

Insert State Specific Requirements

41

Recordkeeping Requirements

• In each rehab project file:

−Documentation of receipt of HUD booklet−Inspection−Risk assessment−Worker certifications−Temporary relocation claims and calculations−Clearance documents

42

Resources

• HUD Office of Healthy Homes and Lead Hazard Control −www.hud.gov/offices/lead

• Environmental Protection Agency (EPA)−www.epa.gov/lead

• Occupational Safety and Health Organization (OSHA)−www.osha.gov

43

Resources

• Guidance:−http://www.hud.gov/offices/lead/leadsaferule/

LSHRGuidance21June04.pdf

44

Handouts

• Summary of Lead-Based Paint Requirements by Activity

• Lead-Based Paint Requirements in CDBG-Assisted Housing Rehabilitation

• Lead-Based Paint Rehabilitation Process• Guidance on HUD/EPA Abatement Letter