CDBG Lead-Based Paint Requirements

1. CDBG Lead-Based Paint Requirements For Grant Administrators

2. 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

4. Where is it? • Toys, fishing equipment, blinds, crayons, water, pottery, lead crystal, solder • Pre-1978 homes • Higher percentage in pre-1950 homes

5. Lead-based paint hazards in a pre-1978 home • Dust and paint chips • Deteriorated painted / varnished surfaces • Friction surfaces • Impact Surfaces • Chewable surfaces • Soil

6. 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

7. 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.

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

9. 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

10. 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

11. 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

12. What you need to do: Disclosure Inspection Evaluation Address the Hazard Clearance Notification

13. Disclosure • Pamphlet: Protect Your Family From Lead in Your Home • http://www.hud.gov/offices/lead/outreach/ • Owners and tenants

14. Disclosure • Evaluation of lead-based paint • Forms • Owners and renters • Sample forms: • http://www.hud.gov/offices/lead/disclosurerule/index.cfm

15. Inspection • Inspect the home to determine needed rehab • Important to identify all repairs needed

16. Evaluation • < $5,000 per unit • Test paint or presume LBP • >$5,000 per unit • Test paint or presume LBP • Risk assessment

17. 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

18. 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

19. TERMS TO KNOW • Standard Treatments • Interim Controls • Abatement • Lead Safe Work Practices

20. 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

21. 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

22. 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

23. Abatement • Remove or permanently cover lead-contaminated soil • If ordered by enforcement agency

24. 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

25. 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

26. 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

27. Worksite Preparation • Prevent LBP and dust from leaving worksite • Minimize spread of dust, paint chips, soil and debris • 6 milplastic on floors and over doors • Warning signs regarding LBP hazard reduction activities

28. 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

29. 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

30. 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

31. 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

32. 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 otherwork components with potential for LBP impact • = Level of rehab assistance • Cost Allocation Document to show how level of rehab was determined

33. 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

34. < $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

35. > $5,000 - $25,000 • Must Control Lead Hazards • Test Paint and Do Risk Assessment • Interim Controls - or- • Presume LBP • Standard Treatments • Clear Unit

36. > $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

37. 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

38. Clearance • < $5,000 non-lead rehab • Worksite only • Not necessary if work is de minimis • > $5,000 • Clear entire house

39. Clearance • Occupants allowed back on site ONLY after clearance has been achieved • Don’t pay contractor until clearance has been achieved

40. State Requirements/Resources Insert State Specific Requirements

41. 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

42. 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

43. Resources • Guidance: • http://www.hud.gov/offices/lead/leadsaferule/LSHRGuidance21June04.pdf

44. 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