1. HUD’s Lead Safe Housing Rule (LSHR)
24 CFR Part 35, subparts B-R

2. Why the Lead Safe Housing Rule?
To protect children in Federally-assisted and Federally-owned housing
To ensure the viability of low-income housing

3. 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

4. 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

5. 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

6. 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

7. Three Basic Requirements
Evaluation
Lead Hazard Control
Clearance

8. 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

9. 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 (d)

10. 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 mg/ft2 (clearance)
Lead in bare soil (risk assessment)
Play areas mg/g
Other soils 1,200 mg/g

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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 (b)

17. 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

18. 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

19. 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

20. 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

21. Safe Work Practices, Sec. 35.1350
Required during:
Ongoing LBP Maintenance
Paint stabilization
Rehab (<$5,000)
Standard treatments
Prohibited methods Sec
Occupant protection and worksite preparation Sec
Specialized cleaning Sec (c)
De minimis levels Sec (d)
24 CFR

22. 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

23. 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)

24. 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