DINE & LEARN

Understanding and Recording of the UPCS Deficiencies

Industry Standards Notice Understanding the Purpose & Application of this Notice (Effective August 1, 2016)

Reasons for the Industry Standard Notice: Recently, many property owners/agents began preparing their properties for the REAC inspections by simply hiding the defect or making a substandard repair, in lieu of making an acceptable industry standard repair. Saving them time, money, and effort. The media, politicians, and our own HUD staff, have raised questions concerning substandard repairs of inspectable items. To minimize the possibility of the H&S hazards that may result from substandard repairs. i.e. misaligned or improperly vented water heaters

Refocusing our Protocols and Inspectors The “Industry Standard Notice” is directed at refocusing our UPCS inspectors and the UPCS inspection protocols. By doing this we will ensure that the properties affiliated with HUD are providing and maintaining their building/units in a way that provides housing that is decent, safe, sanitary, and in good repair.

Foundation of Industry Standard Notice 24CFR 5.703 5.703 Physical condition standards for HUD housing that is decent, safe, sanitary and in good repair Decent! Safe! Sanitary! In GOOD REPAIR. IN GOOD REPAIR. in good repair in good repair

Minimum Property Standards 24 CFR 200.929 200.929 Physical standards for housing … intended to provide a sound basis for determining the acceptability of housing … refer to material standards developed by industry and accepted by HUD … contained in the Use of Materials Bulletin … Materials Releases General These Minimum Property Standards apply to buildings and sites designed and used for normal multifamily and care-type occupancy, including both unsubsidized and subsidized insured housing.

100-5 REHABILITATION CONSTRUCTION Rehabilitation construction includes the following categories: (1) all repairs to or replacement of present elements of an existing building, such as windows, stairs, flooring, or wiring; (2) rearrangement of rooms by the relocation of partitions or by the installation of 1-10 1994 ____________________________________________________________________________________ 4910.1 100-5 REHIBILITATION CONSTRUCTION – Continued New bathrooms and kitchens; or (3) the general replacement of the interior of a building. This may or may not include changes to structural elements such as floor systems, columns or load bearing interior or exterior walls. Rehabilitation construction shall comply with the standards for new construction and with the provisions of the program handbook for the particular program. New construction on cleared or vacant land or Rehabilitation construction includes the following categories: (1) all repairs to or replacement of present elements of an existing building, interior or exterior walls. Rehabilitation construction shall comply with the standards for new construction and with the provisions of the program handbook for the particular program. New construction on

Focus of the Industry Standard Notice All repairs to address UPCS deficiencies in preparation for a REAC inspection shall be made in a good and workmanlike manner with materials that are suitable for the purpose and free from defects. The phrase “good and workmanlike manner” means:  Ensuring that the component, as repaired, performs its intended function/purpose; and  Finishing the repair in a manner reasonably compatible with design and quality of the original and adjoining decorative materials. Ensure proper maintenance of each inspectable item based on industry standards Fix deficiencies – not just hide them Proper use of materials based on industry standards

GENERAL NOTES & CONCERNS All defects whether NIS or not requires a comment to be entered. This includes L1, L2, L3, H&S, and EH&S deficiencies Typically, these comments will further clarify where the deficiency are located.

GENERAL NOTES & CONCERNS (cont.) Many inspectors are simply recording NIS without any explanation in the comments field describing why the defect is being recorded as an NIS defect. It is required that you add these additional comments clarifying why the defect is NIS.

Metal stairs repaired using wood step treads and kick plates Metal stairs repaired using wood step treads and kick plates. Is this an NIS Repair? This is acceptable if the stair height/depth match the original steps, they are properly mounted/supported and the kick plates and riser front are painted to match the adjacent step(s).

Is this an acceptable repair or is this an NIS repair Is this an acceptable repair or is this an NIS repair? This is an NIS repair and will be recorded as an H&S – Electrical Hazard - Opening in electrical panel.

Is this an acceptable repair or is this an NIS repair Is this an acceptable repair or is this an NIS repair? This is an NIS repair.

Is this an acceptable repair or is this an NIS repair Is this an acceptable repair or is this an NIS repair? Notice that the original escutcheon is missing and has been replaced with a plumber’s wall plate. Also, there is a hole that has been filled with paper around the sprinkler head penetration. Both are NIS defects.

Is this an acceptable repair or is this an NIS repair Is this an acceptable repair or is this an NIS repair? This is an Acceptable repair.

Is this an acceptable repair or is this an NIS repair Is this an acceptable repair or is this an NIS repair? This is an NIS repair and shall be recorded.

Is this a defect for Site – Overgrown Vegetation? Yes.

Is this a defect for Site – Overgrown Vegetation? Yes.

Is this an acceptable repair or is this an NIS repair Is this an acceptable repair or is this an NIS repair? This particular example is acceptable, however any ceiling damage that affects an area of four square feet or larger is an NIS repair and shall be recorded. FYI – the popcorn ceiling texture is available in a spray can.

This is all over the property basically by unit This is all over the property basically by unit. It is a clean out trap, shower shutoff, and shower drain access. Is this an acceptable repair or is this an NIS repair? In it’s current state this is an NIS repair. However, if these access panels were painted to match the surrounding area this would be acceptable.

You observe this condition: the sprinkler and escutcheon are entirely intact, but the hole in the ceiling through which the sprinkler protrudes is larger than the escutcheon can cover. Is this a defect? If so, how should it be recorded? It is a defect for the hole in the ceiling and will be recorded based on the size of the opening.

You observe this condition: Expandable foam fills a missing knockout on bottom of disconnect. NIS repair or not? Definitely an NIS repair and will be recorded as an H&S – Opening in the electrical panel.

The design and installation of the plumbing drain lines appear to be a bit excessive. Is this an issue that you, as a UPCS inspector should address or is it code issue? It is a code issue and we, as UPCS inspector, shall not evaluate the installation. We will inspect it for leaks only.

The top of this solid fence has been capped with a 2x6 board The top of this solid fence has been capped with a 2x6 board. Is this an NIS repair or an acceptable repair? This is an acceptable repair. It is correctly installed, painted to match existing structure and does not detract from the overall appearance of the wall.

Is this an acceptable repair or is this an NIS repair Is this an acceptable repair or is this an NIS repair? This is an NIS repair and shall be recorded.

The property staff have covered the damaged metal wiring enclosure with plywood. Is this NIS or no defect? It will be recorded as an NIS repair and the appropriate deficiency for the electrical hazard will be recorded. The use of wood to house electrical wiring and connections is not an industry standard.

30% of countertop is damaged 30% of countertop is damaged. Is this an acceptable repair or is this an NIS repair? This is an NIS repair and shall be recorded.

Screws used on door to re-attach veneer Screws used on door to re-attach veneer. Is this an acceptable repair or is this an NIS repair? This is an NIS repair and shall be recorded as door surface damage – L3.

2 Photos below of the same defect: You observe a cracked window pane that has been repaired using silicone caulking to hold the pieces in place. Is this an NIS defect or no defect? Yes. This is an NIS defect and will be recorded as a L1 – cracked pane.

General Defect Questions: Is a rubber stopper is an acceptable Industry Standard Repair for a bath room damaged, missing or otherwise defective mechanical sink stopper? Yes. But all visual evidence of the mechanical stopper must be removed (pull, stopper, etc) REAC put out a document saying that cracks in masonry have to be tuck pointed rather than caulked.  You don’t tuck point small cracks - tuck pointing is when you tear out old mortar and replace it with new mortar.  You cannot force that kind of mortar into an 1/8 inch crack. How would you respond? Everyone inspecting should know that tuck pointing is the appropriate repair for mortar joints. The REAC guidance also allows for the use of products designed for the specific use of filling those small cracks in bricks and other concrete materials. It is not acceptable to use a latex caulking to fill small cracks on masonry veneers.

General Defect Questions: (cont.) Fencing was removed on approximately 30% of the length of fence post. Post were left in place as shown in photo. Is this a defect using our current definitions? Yes

Appeals: Property representatives may use the Technical Review/Database Adjustment process to appeal deficiencies cited in which non-industry standard repairs were made if the property’s management believes a deficiency should not have been recorded. The appeal process is the same as appealing any other item and requires the property representative to present appropriate documents that support the repair meets industry standards. Such appeal documents/information must contain both the supporting industry standard documents, as well as written justification by a third-party subject matter expert for the particular deficiency type being appealed

Caution: This notice is not intended for our UPCS inspectors to use as a means to record inspectable items as being deficient due their own preference or bias. It should not be used to address code issues. The inspector will enter “NIS”, meaning Not Industry Standard, in the comments field for each deficiency that the inspector records due to the substandard repair and will provide a detailed comment for each explaining the circumstances for the NIS recording. This will allow REAC to track where and how many times these types of issues occur.

Any questions?