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Implementing theLead Safe Housing Rule in
Department of Housing and Urban Development:Office of Public and Indian Housing, and
Office of Healthy Homes and Lead Hazard Control
Moderate Rehabilitation
www.dennisonassociates.comHUD 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 cooperation24 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 A24 CFR Part 35,Subparts B-R
29 CFR Section 1926.6240 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 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
Safe work practices
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 training35 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 $5,000 annual 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: [email protected] 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: [email protected]
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 Lead
Information 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