Lead Safe Housing Rule and LHC grants

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HUDs Lead Safe Housing Rule (LSHR) 24 CFR Part
35, subparts B-R
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Why the Lead Safe Housing Rule?

1. To protect children in Federally-assisted and
   Federally-owned housing
2. To ensure the viability of low-income housing

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HUDs 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

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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.)

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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

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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

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Three Basic Requirements

1. Evaluation
2. Lead Hazard Control
3. Clearance

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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

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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)

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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

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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

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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

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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

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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

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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

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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)

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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

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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

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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

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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

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Safe Work Practices, Sec. 35.1350

• Required during
• Ongoing LBP Maintenance
• Paint stabilization
• Rehab (lt5,000)
• 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

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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

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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

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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
• Its 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