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

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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 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: Disclosure Inspection Evaluation Address the Hazard Clearance Notification

13 Disclosure Pamphlet: Protect Your Family From Lead in Your Home − Owners and tenants

14 Disclosure Evaluation of lead-based paint Forms −Owners and renters Sample forms: − /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 ) 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 ; ;

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

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 ] −HUD pamphlet −Evaluations, work to be done, clearance reports Lead-safe work practices Clearance [24 CFR ] −Work site −Entire Unit

31 Determining Level of Rehab Assistance 24 CFR 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 (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

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 − Environmental Protection Agency (EPA) − Occupational Safety and Health Organization (OSHA) −

43 Resources Guidance: − HRGuidance21June04.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