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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: Elliott_M._Johnson_Jr@hud.gov 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: lead_regulations@hud.gov

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