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 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

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.) Overview : This section discusses lead-safe work practices during renovation and remodeling. Specifically: Why lead-based paint is an issue during renovation and remodeling; The difference between lead hazard control (abatement) and renovation and remodeling; and Components of a lead-safe work program. 4

Typical Exemptions 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

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

Three Basic Requirements Evaluation Lead Hazard Control Clearance

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

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)

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

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

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

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

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

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 Practices and Clearance required

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)

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

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

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

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

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

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

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 Over $25,000 per unit Risk Assessment Abatement of all identified LBP Hazards (Not all LBP)

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