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

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

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

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  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.) 4

  5. 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 Typical Exemptions

  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 745.227(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 400 mg/ft2 (clearance) • Lead in bare soil (risk assessment) • Play areas 400 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 35.125

  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 35.140

  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 Practicesand 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 35.1330(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 35.1325

  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 • To identify deteriorated paint

  21. 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

  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 35.1350

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

  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

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