Minnesota Health Department 2nd Annual Lead Conference

NAVIGATING HUD’S LEAD SAFE HOUSING RULE &

THE EPA RENOVATE, REPAIR, AND PAINT RULE

Dale Darrow, HUD Sr. Senior Enforcement AnalystOffice of Healthy Homes and Lead Hazard Control

January 31, 2013

HUD Programs Subject to HUD Lead Safe Housing Rule

• Public Housing • Community Development Block Grant, HOME,

Homeless Shelters, Transitional/Supportive Housing• Multifamily Housing Mortgage Financing• Properties receiving Project Based Rent Assistance

from HUD or other Federal agencies• Tenant Based Rent Assistance• Sale of HUD Owned Housing • Sale of Housing Owned by Other Federal Agencies• OHHLHC Lead Grants

HUD Lead Safe Housing RuleExemptions

• Properties where construction was completed on or after January 1, 1978

• Zero bedroom dwelling units and properties comprised solely of such units

• Housing reserved exclusively for the elderly or persons with disabilities where no child under six resides or is expected to reside

• Residential property found to be lead based paint free through a lead based paint inspection conducted pursuant to HUD & Minnesota Health Department requirements

• Units which will remain vacant in a property scheduled to be demolished

HUD Lead Safe Housing RuleExemptions

• Rehabilitation or maintenance work that does not disturb a coated surface which is known to be lead based paint or has not been tested and must be presumed to be lead paint

• Emergency actions immediately necessary to safeguard against imminent danger to human life, public safety, or to protect a property

• Emergency rental assistance or foreclosure prevention assistance for a property to be occupied for no more than 100 days by one or more households

• FHA single family mortgages, except 203K loans when used to purchase a HUD owned property

• FHA refinancing of a multifamily housing property when an appraisal is not required

HUD Lead Safe Housing Rule Required Action for Public Housing

• Lead based paint inspection required of all covered public housing

• Risk assessment of public housing where lead base paint is identified & undertake interim controls to address lead hazards until modernization work is undertaken

• Abate lead based paint when conducting modernization renovations

• Lead based paint inspection, risk assessment, & abatement of lead based paint in covered housing acquired for use as public housing before occupancy is permitted

• Visual inspection and interim controls to address deteriorated lead based paint conditions prior to sale of public housing

HUD Lead Safe Housing RuleRequired Actions for FHA Insured and

Multifamily Project Based Assisted Housing

• Risk assessment required for – Property constructed prior to 1960 before a firm

commitment of FHA mortgage insurance – Properties with more than 4 housing units where project

based rent assistance is provided at an annual average amount of more than $5,000 per assisted unit

• Use of interim controls to address lead hazards in residential properties receiving FHA mortgage insurance or project based rent assistance

• Lead based paint inspection and abatement of all lead based paint in nonresidential property being converted to housing

HUD Lead Safe Housing RuleTenant Based Rent Assistance

• Lead Safe Housing Rule applies to HOME and Housing Vouchers where a child less than 6 years of age resides or is expected to reside in a covered housing unit

• Visual assessment of coated surface conditions is required, and coatings must presume to be lead based paint unless tested with an XRF or through taking of paint chip samples by an independent Minnesota certified lead based paint inspector or risk assessor

• Interim controls and clearance required in covered units• Owners of all units which are not exempt under the Lead Safe

Housing Rule which are assisted under the housing voucher or HOME program must comply with the EPA RRP Rule

HUD Lead Safe Housing RuleEnvironmental Intervention Blood Lead Level

• Action at property requires report from a medical provider or a health department regarding a child less than 6 years of age

• A risk assessment is to be completed of the unit and common areas of the property within 15 days of verification of child’s blood lead level

• Within 30 days of receipt of the risk assessment, interim controls or abatement of lead hazards must be completed, & clearance documented by an independent risk assessor, lead based paint inspector, or sampling technician

• If owner of unit receiving tenant based rent assistance fails to comply, the housing assistance contract is terminated and no future rent assistance can be provided for that unit until hazards are addressed and clearance achieved

HUD Lead Safe Housing Rule Application to Housing Rehabilitation

• Cost of housing rehabilitation is $5000 or less– Lead based paint testing of coated surfaces to be disturbed by

interim controls or renovation work or presume coated surfaces are lead based paint

– A risk assessment is not required– All lead hazards need not be addressed unless funding is provided

through HOME or OHHLHC lead grant programs– Clearance of work site only, unless interior containment is not

provided or windows, doors & vents are not covered if exterior work is performed

HUD Lead Safe Housing Rule Application to Housing Rehabilitation

• Rehabilitation costs more than $5,000 but not more than $25,000– Conduct lead based paint inspection or risk assessment and perform

interim controls; or – Use standard treatments to address presumed known or presumed lead

paint hazards, including actions to address all friction and impact surfaces & create smooth horizontal surfaces, & cover bare soil

– Clearance of the entire property

• Rehabilitation costs more than $25,000 – Conduct lead based paint inspection & risk assessment– Abate all lead hazards found & which would be created through the

work; provided interim controls may be used for • exterior siding• compliance with historic preservation requirements

– Clearance of entire property

HUD Lead Safe Housing Rule Calculation of Rehabilitation Costs to Determine

Appropriate Cost Category

• Rehabilitation costs of an assisted unit based on the lesser of two calculated amounts

₋ Average Federal Assistance per assisted dwelling unit; or₋ Average per unit hard costs of rehabilitation from all sources

(Public & Private)• Change orders do not require a recalculation of

rehabilitation cost unless items were purposefully left out of the initial calculation

HUD Lead Safe Housing Rule Cost of Average Federal Assistance Per Unit

• Federal Assistance does not include– Funds from a federally insured mortgage loan – Proceeds from the sale of low income housing tax credits– DOE Weatherization funding

• Federal Assistance includes– HUD funds from the CDBG, HOME, Lead Hazard Control Grant,

and NSP Stimulus Funding Program – Federal funds provided to finance some or all of the cost of the

acquisition of a property in which rehabilitation is required or planned following acquisition, with or without federal funds provided for the rehabilitation of the property

Calculation of Average Per Assisted Unit Hard Costs of Rehabilitation

• Calculate all costs of rehabilitation regardless of source of funds, to include– Building construction, renovation & repairs– Furnaces, water heaters & other equipment – Garages, fences, and grounds work

• Exclude:– DOE Weatherization funded activity– Cost of lead hazard reduction activities – Cost of lead evaluations, spec writing, architectural/engineering – Permit, site preparation, and costs of waste disposal – Occupant Protection and Temporary Relocation Costs– Financing fees, credit reports, appraisals, insurance, legal & closing

costs, recording fees, etc.

Documentation Required for Calculation of Rehabilitation Costs

• Documentation of lead hazard reduction activities for which costs are deducted in determining the hard costs of rehabilitation – The scale, extent & location of each activity– The activity is a reasonable and acceptable method to eliminate

the lead paint or soil hazard – The cost is reasonable

• Lead hazard reduction costs do not include costs of rehabilitation activities that would have been conducted in the absence of federal or state lead paint regulatory requirements

Lead Safe Housing Rule Lead Inspections & Risk Assessments

• Compliance required with most stringent requirement of any federal, state or local regulation, including definition of lead based paint and lead hazard

•Lead inspections and risk assessments must be– Performed by Minnesota Health Department certified independent

entities– Performed in accordance with HUD & State requirements utilizing an

XRF or taking paint chip samples– Documented by a written report prepared by a Minnesota Health

Department certified lead based paint inspector or risk assessor which contains all information required by the HUD Lead Safe Housing Rule & HUD Guidelines, & EPA & Minnesota Health Department requirements

Lead Safe Housing Rule Clearance Requirements

• Clearance meeting HUD’s Rule must be – Undertaken after completion of all interim control work that

exceeds HUD deminimis levels or any abatement work– Performed by an independent Minnesota Health Department

certified lead based paint inspector, risk assessor or sampling technician

– Performed in accordance with HUD requirements including visual assessment, testing of deteriorated paint not previously tested, and interior dust wipe sampling when required

– Documented by a written report as required by HUD Rule & Guidelines & EPA & State requirements

• Clearance meeting EPA RRP Rule requirements must be completed if required

Lead Safe Housing Rule Lead Evaluation Requirements

• An XRF used to test paint must have a HUD approved performance characteristic sheet

• An XRF may not be used to test dust or soil• Paint chips & dust wipe samples must be processed by a certified

laboratory• EPA chemical test is not valid for the determination of coating to

be lead based paint free• HUD clearance is required for any abatement work and when

interim controls exceed HUD deminimis levels– 2 square feet in an interior space– 10% of small component type (i.e. trim)– 20 square feet for exterior work

Lead Safe Housing RuleNotice to Owners & Occupants

• EPA RRP Renovate Right Pamphlet to be provided to tenants & owners no more than 60 days prior to performing interim control work

• Information regarding presumption or lead paint or results of a lead based paint inspection or risk assessment must be provided to occupants within 15 days of owner or designated party receipt

• Information regarding lead hazard work completed, locations of remaining lead based paint, & clearance must be provided to occupants within 15 days of owner or designated party receipt

Lead Safe Housing RuleWork Requirements

• When abatement is required for any program, & lead testing & risk assessment are required but not conducted, then all coated surfaces in the unit & at the property must be abated

• Determination of requirement for use of an abatement firm and abatement workers is based on stated intent of work (rehabilitation or renovation, or abatement) or when required under HUD Lead Safe Housing Rule

• Always comply with EPA RRP Rule requirements for interim control and rehabilitation and renovation work for– Window Replacement– Demolition– Areas in which lead based paint disturbance exceeds EPA deminimis levels

• 6 square feet per interior space• 20 square feet for exterior work

HUD Lead Safe Housing Rule Certified Firm & Training Requirements

• All lead abatement must be performed by a Minnesota Health Department certified lead abatement firm with – Work performed by firm state certified lead workers– Supervised by a firm state certified lead abatement supervisor

• All interim control work which exceeds HUD’s deminimis levels must be performed by workers– Who have completed a HUD approved lead worker course, OR– Supervised by a state certified lead abatement supervisor

• Any work which exceeds EPA RRP deminimis requirements must be performed by EPA certified RRP firm workers– Who are EPA certified lead renovators, OR– Supervised by a EPA RRP firm state certified lead abatement

supervisor who is also a EPA certified lead renovator

HUD Lead Safe Housing Rule Occupant Protection

• Occupants must be temporarily relocated to a suitable, decent & accessible lead safe dwelling unit & not permitted to re-enter the unit until clearance is achieved unless― Only exterior work is performed; windows, doors & vents are

sealed; & lead safe entry is provided― Treatment of the interior will be completed in one 8 hour day &

the worksite(s) is contained― Treatment of the interior will be completed in 5 calendar days;

the worksite(s) is contained & it and the area within at least 3 meters is cleaned each night; & the occupants have access to sleeping areas, bathroom & kitchen facilities

• Elderly persons may waive the relocation requirement

Lead Safe Housing RuleLead Safe Work Practices

• Required when work exceeds HUD deminimis levels― Occupant belongings must be moved from the work area or wrapped

with an impermeable covering and sealed― Specialized cleaning is required to permit clearance― Use of trained workers― Clearance

• Prohibited Work Practices― Open flame burning or torching― Heat guns operating over 700 degrees F (Minnesota Rule)― Power sanding or grinding without HEPA vacuum attachment― Dry scrapping or dry sanding over 1 foot from electrical outlets― Chemical strippers containing methylene chloride― Dry sweeping, & dry vacuuming without a HEPA filter system

designated for hazardous materials― Abrasive blasting or sandblasting without a HEPA attachment

Problems Periodically Found in HUD Compliance Reviews

• Adequacy of lead based paint & risk assessments conducted and/or quality & completeness of reports

• Failure to perform required clearance, or to conduct interior dust wipe clearance when required enclosure methods are not utilized for interior or exterior work

• Failure to prepare a full written report of clearance • Work specification issues• Documentation or worker training or supervision by lead

abatement supervisor for interim control work performed by untrained workers, and safe work practices

• Documentation of occupant and worksite protection

Additional Information

HUD Lead Regulations & New HUD Guidelineshttp:www.hud.gov/lead

EPA RRP Rule http:www.epa.gov/lead

Dale.A.Darrow@hud.gov612-370-3000 ext. 2280