1

HUD’s Lead Safe Housing Rule (LSHR)

24 CFR Part 35, subparts B-R

2

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

3

HUD’s Lead Safe Housing Rule

24 CFR Part 35Covers all Federally-assisted target

housing and Federally owned housing being sold

Effective September 15, 2000Requirements depend on type and amount

of federal housing assistanceVolunteers often used in Federally funded:

• Rehab programs• Homebuyer programs

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

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

1. Evaluation2. Lead Hazard Control3. 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 g/ft2

• Interior window sills 250 g/ft2

• Troughs 400 g/ft2 (clearance)

• Lead in bare soil (risk assessment)• Play areas 400 g/g• Other soils 1,200 g/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

1. Open flame burning2. Machine sanding or grinding without HEPA

control3. Abrasive blasting or sandblasting without

HEPA control4. Heat guns over 1,100o F5. Dry sanding or scraping (except with heat

guns, within 1 foot of electrical outlets or on areas less than 2 sq. ft.)

6. 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 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 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:1. Visual Assessment2. 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 g/ft2

• Interior window sills 250 g/ft2

• Troughs 400 g/ft2 (clearance)

• Lead in bare soil• Replacement soil 400 g/g

20

A Word on “Visual Assessment”

• Not an Evaluation; provides no lead information

• 3 Uses:1. In periodic inspections by PHA/HQS

• To identify deteriorated paint needing paint stabilization

2. Part of clearance• To identify dust and debris• To identify deteriorated paint

3. 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

• 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

Subpart J: Rehabilitation

24

• 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

Subpart J: Requirements