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CDBG Lead-Based Paint Requirements

For Grant Administrators

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Why do we care?

• Harmful to the body• Stored in organs and bones• Long-lasting physical and neurological

problems• Children under 6 yrs. and unborn babies

most vulnerable

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Where is it?

• Toys, fishing equipment, blinds, crayons, water, pottery, lead crystal, solder

• Pre-1978 homes• Higher percentage in pre-1950 homes

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Lead-based paint hazards in a pre-1978 home

• Dust and paint chips• Deteriorated painted / varnished surfaces• Friction surfaces• Impact Surfaces• Chewable surfaces• Soil

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Lead-based paint regs

• New regulations published in 1999• Section 1012 of the Residential Lead-Based

Paint Hazard Reduction Act of 1992• a.k.a Title X Subpart J• 24 CFR Part 35

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Applicability

• If you are doing rehab on a pre-1978 home, and broken painted surfaces exist, or if the work you are doing will break paint, you must address all potential lead hazards, including soil.

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Purpose

• To reduce the threat of childhood lead poisoning in housing owned, assisted, or transferred by the Federal Government.

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Exemptions

• House built after 1-1-78 • Housing exclusively for elderly (unless

children under 6 could be present for prolonged periods of time )

• SROs, efficiency apts, dorms, military barracks

• Certified lead-free property

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Exemptions

• Property where LBP was removed and clearance was achieved

• Unoccupied units that will remain vacant until it is demolished

• Non-residential property • Rehab where a painted surface will not be

disturbed

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Exemptions

• Rehab where only a “de minimis” amount of paint is disturbed

• Emergency repair actions needed to

safeguard against imminent danger or further structural damage

• Emergency housing (e.g. homeless) assistance that lasts less than 100 days per year

• NOTE: All exemptions must be documented

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What you need to do:

DisclosureInspection EvaluationAddress the HazardClearanceNotification

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Disclosure

• Pamphlet: Protect Your Family From Lead in Your Home−http://www.hud.gov/offices/lead/outreach/

• Owners and tenants

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Disclosure

• Evaluation of lead-based paint• Forms

−Owners and renters• Sample forms:

−http://www.hud.gov/offices/lead/disclosurerule/index.cfm

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Inspection

• Inspect the home to determine needed rehab

• Important to identify all repairs needed

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Evaluation

• < $5,000 per unit −Test paint or presume LBP

• >$5,000 per unit−Test paint or presume LBP−Risk assessment

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Evaluation

• When do you presume lead?−Property is in poor condition−Rehab job is small−You have reason to believe lead exists

Pre-1950 building Similar units in the neighborhood

−Work needs to begin immediately

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Pre-Rehab

• Develop estimate• Allocate costs to rehab or LBP• Treatment method based on cost of non-

lead rehab• Determine treatment method

ALWAYS:−Lead-safe work practices by trained personnel−Occupant Protection Plan By Contractor

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TERMS TO KNOW

• Standard Treatments• Interim Controls• Abatement• Lead Safe Work Practices

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Standard Treatments

• Stabilize all deteriorated paint (interior and exterior)

• Create smooth cleanable horizontal surfaces

• Correct dust generating conditions−Friction surfaces−Impact surfaces

• Treat bare soil−To make LBP contaminated soil inaccessible

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Interim Controls

• Acceptable way to reduce exposure to LBP hazards, although not permanent

• Paint stabilization• Treatment of friction & impact surfaces• Treatment of chewable surfaces• Lead-contaminated dust control (24 CFR

35.1330)• Lead-contaminated soil control

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Abatement

• Permanent elimination of lead-based paint hazards

• Remove lead-based paint and its dust• Permanently encapsulate or enclose the

LBP• Replace components that have LBP

Abatement

• Remove or permanently cover lead-contaminated soil

• If ordered by enforcement agency

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Lead Safe Work Practices

• Occupant Protection Plan• Done by Contractor• Must include:

−No entry into worksite−Temporary relocation if necessary−Protect contents of home from LBP contamination

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Temporary Relocation

• Necessary when:−Can’t use kitchen or bath due to rehab work−Can’t close off work area from balance of living

area−Children may be exposed to LBP dust

• NOT necessary when:−Work done in an 8-hour period−Possible to secure worksite−Waiver -- for elderly occupants

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Lead Safe Work Practices

• Worksite Preparation and Containment• Prohibited methods• Worksite Cleanup• One-day training for workers• Not required for de minimis levels of work• 24 CFR 35.140; 35.1350; 35.1345

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Worksite Preparation

• Prevent LBP and dust from leaving worksite• Minimize spread of dust, paint chips, soil and

debris• 6 mil plastic on floors and over doors• Warning signs regarding LBP hazard

reduction activities

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Prohibited Methods of Abatement

• Some methods of paint removal are prohibited because they increase the lead hazard−Open flame burning or torching−Machine sanding or grinding−Abrasive blasting−Paint stripping in poorly ventilated space

• 24 CFR 35.140

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Cleanup and Clearance

• ALL worksites must be cleaned and pass a clearance test that assures the area has been properly cleaned of lead-based paint.

• Clearance Report−Documents results of clearance test−To UGLG, owner, and occupant

• Clearance test NOT done by contractor

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ALWAYS

• Notifications to owner/occupant [24 CFR 35.125]−HUD pamphlet−Evaluations, work to be done, clearance reports

• Lead-safe work practices• Clearance [24 CFR 35.1340]

−Work site−Entire Unit

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Determining Level of Rehab Assistance

• 24 CFR 35.915• Per unit amount of rehab “hard” costs• Federal Funds Only• NOT lead paint related costs• Not “soft” costs

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Determining Level of Rehab Assistance

• Total Rehab Cost Estimate• Subtract identified LBP costs

−Cost of work damaging a painted surface−Cost of work addressing deteriorated paint−Cost of other work components with potential for

LBP impact

• = Level of rehab assistance• Cost Allocation Document to show how level

of rehab was determined

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Getting the work done

• Treatment method is based on the amount of non-lead rehabilitation costs per unit

−< $5,000

−$5,000 - $25,000

−> $25,000

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< $5,000

• Do no harm (to the occupant) • Test paint or Presume• Rehab as usual with Lead Safe Work

Practices• Use Standard Treatments on broken or

deteriorated painted surfaces• Clear the worksite

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> $5,000 - $25,000

• Must Control Lead Hazards

• Test Paint and Do Risk Assessment−Interim Controls

- or-• Presume LBP

−Standard Treatments

• Clear Unit

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> $25,000

• Test Paint and Do Risk Assessment−Abate LBP Hazards−Interim Controls Allowed on Exterior Surfaces not

otherwise disturbed-or-

• Presume LBP −Abate all applicable surfaces

• Clear Unit

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Clearance/Notification

• ALWAYS Do this!• Methods and standards per EPA at 40 CFR

745.227(e)• Must be done by certified clearance

inspector• NOT done by contractor who did the work• Copy of report to owner and occupant• 24 CFR 35.930

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Clearance

• < $5,000 non-lead rehab• Worksite only• Not necessary if work is de minimis

• > $5,000• Clear entire house

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Clearance

• Occupants allowed back on site ONLY after clearance has been achieved

• Don’t pay contractor until clearance has been achieved

State Requirements/Resources

Insert State Specific Requirements

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Recordkeeping Requirements

• In each rehab project file:−Documentation of receipt of HUD booklet−Inspection−Risk assessment−Worker certifications−Temporary relocation claims and calculations−Clearance documents

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Resources

• HUD Office of Healthy Homes and Lead Hazard Control −www.hud.gov/offices/lead

• Environmental Protection Agency (EPA)−www.epa.gov/lead

• Occupational Safety and Health Organization (OSHA)−www.osha.gov

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Resources

• Guidance:−http://www.hud.gov/offices/lead/leadsaferule/

LSHRGuidance21June04.pdf

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Handouts

• Summary of Lead-Based Paint Requirements by Activity

• Lead-Based Paint Requirements in CDBG-Assisted Housing Rehabilitation

• Lead-Based Paint Rehabilitation Process• Guidance on HUD/EPA Abatement Letter