Risk Assessments; Stabilization Reports; Clearances, Soil and Water;We are the #1 Consultant in Nebraska in this field and we've performed hundreds of Lead Paint Inspections. We find lead-based paint and give you a plan to Eliminate Paint Hazards in your home or workplace our Certified Inspectors conduct Lead-Based Paint Clearances after abatement, remediation, or renovation.
Inspection Associates has staff that is EPA certified and Licensed in Nebraska. Our personel uses Niton XLp 300A and XL 309, X-Ray Fluorecense technology, Lead-Based Paint Hazard Assessments, Inspections, Risk Assessments and Clearances are performed. Lead-Based Paint can be found in homes built prior to and including 1978. (See Pricing Below)
Who would be interested in these services: Lenders, Home Owners, Insurance Companies, Contractors, HUD(www.hud.gov/offices/hsg/sfh/res/sc2sectc.cfm), Government Agencies other than HUD such as Veterans Administration, USDA, Community Actions, Housing Authorities. Others would include Parents, Grandparents, Realestate buyers, Landlords and Child Care providers.
Glossary:
Lead-Based Paint Hazard Screen: A Lead Hazard Screen means a limited risk assessment activity that activity that involves paint testing and dust sampling and analysis as described in 40 CFR 745.227 © and soil sampling and analysis as described in 40 CFR 745.227(d).
Lead-Based Paint Inspection: A Lead-Based Paint Inspection is any condition that causes exposure to lead from dust-lead hazards, soil-lead hazards, or lead-based paint that is deteriorated or present in chewable surfaces, friction surfaces, or impact surfaces, and that would result in adverse human health effects.
Risk Assessment: A Risk Assessment is (1) an on-site investigation to determine the existence, nature, severity, and location of lead-based paint hazards; and (2) the provision of a report by the individual or firm conducting the risk assessment explaining the results of the investigation and options for reducing lead-based paint hazards.
Lead-Based Paint Clearance Examination: A Lead-Based Paint Clearance Examination is an activity conducted following lead-based paint hazard reduction activities to determine that the hazard reduction activities are complete and that no soil-lead hazards or settled dust-lead hazards, as defined in the part, exist in the dwelling unit or worksite. The clearance process includes a visual assessment and collection and analysis of environmental samples.
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INTERPRETIVE GUIDANCE ON HUD'S LEAD SAFE HOUSING RULE:
THE HUD REGULATION ON CONTROLLING LEAD-BASED PAINT HAZARDS IN HOUSING RECEIVING FEDERAL ASSISTANCE AND FEDERALLY OWNED HOUSING BEING SOLD (24 CFR Part 35)
INTRODUCTION
On September 15, 1999, The U.S. Department of Housing and Urban Development (HUD) published a final regulation, "Requirements for Notification, Evaluation and Reduction of Lead-Based Paint Hazards in Federally Owned Residential Property and Housing Receiving Federal Assistance," known as the Lead Safe Housing Rule. The purpose of the regulation is to protect young children from lead-based paint hazards in housing that is either receiving assistance from the Federal government or is being sold by the government. The regulation establishes procedures for evaluating whether a hazard may be present, controlling or eliminating the hazard, and notifying occupants of what was found and what was done in such housing. The Lead Safe Housing Rule took effect on September 15, 2000. The regulation does not have any substantive effect on the lead-based paint disclosure rule, which was issued jointly by HUD and the U.S. Environmental Protection Agency in 1996.
As required by Title X of the Housing and Community Development Act of 1992, the EPA published lead hazard standards in its final rule, Identification of Dangerous Levels of Lead (66 FR 1206; January 5, 2001). These EPA standards, which became effective March 6, 2001, are available from the Internet at www.epa.gov/lead/leadhaz.htm. Therefore, in accordance with Title X, HUD amended the Lead Safe Housing Rule on June 21, 2004, to incorporate the new EPA dust-lead and soil-lead standards as HUD's final standards. In addition, other minor technical corrections were made at that time.
The purpose of this document is to provide answers to many of the questions that HUD has received since the publication of the regulation. The questions and answers begin with general information and then are organized according to the subpart of the regulation to which they most closely apply.
The regulation is at part 35 of title 24 of the Code of Federal Regulations (24 CFR part 35). It implements sections 1012 and 1013 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, which is Title X of the Housing and Community Development Act of 1992. Sections 1012 and 1013 amend the Lead-Based Paint Poisoning Prevention Act of 1971.
A. GENERAL INFORMATION
A1. PURPOSE OF THE REGULATION: What is the purpose of this regulation?
HUD issued this regulation to protect young children from lead-based paint hazards in housing that is financially assisted by the Federal government or sold by the government. The regulation establishes requirements that control lead-based paint hazards in such housing. It applies only to housing that was built before 1978; in that year, lead-based paint was banned nationwide for consumer use.
HUD did have existing lead paint regulations. This new regulation consolidated all of the Department's existing regulations in one part of the Code of Federal Regulations (CFR). Now you can easily find HUD's lead paint policies in one place, instead of having to look through each program-specific part of the CFR.
More importantly, this regulation implemented the new requirements, concepts and terminology established by the Residential Lead-Based Paint Hazard Reduction Act of 1992, which is Title X ("ten") of the Housing and Community Development Act of 1992. The new regulation retained the existing fundamental requirement of repairing deteriorated paint, but it also required control of lead-contaminated dust associated with the presence of lead-based paint. Research has found lead in dust to be the most common pathway of childhood exposure to lead. The "clearance" requirement in the regulation is the best example of the emphasis on dust resulting from these research findings. Clearance involves testing settled dust for lead contamination after hazard control work. It ensures that fine particles of lead in dust have been cleaned up and the unit is safe for reoccupancy. The old regulations did not require cleanup or clearance. (See Question B8, below, for further information on clearance.) Also, this regulation uses the framework of trained and certified lead paint professionals to assure that lead hazard control work is done safely. The Department believes that these changes resulted in a much more effective national program that has reduced childhood lead poisoning.
A3. EFFECTIVE DATE: When does the regulation take effect?
Prohibitions against using dangerous methods of removing paint took effect on November 15, 1999, but most of the regulation was scheduled to take effect on September 15, 2000, one year after publication. The purpose of the one-year phase-in period was to provide time for owners and managers of housing, and local program administrators to learn about the requirements and plan and budget for compliance. HUD provided training and technical assistance on the new requirements.
A4. EFFECT ON DISCLOSURE REGULATION: How does this regulation affect the lead paint disclosure requirements that were issued jointly by HUD and EPA in 1996?
It had no affect whatsoever on the disclosure requirements. However, it restructured the subpart of 24 CFR Part 35 where the HUD-published disclosure requirements are found from subpart H to subpart A. The section numbers and the text of the disclosure requirements stayed the same.
The following properties are not covered by this regulation, either because lead paint is unlikely to be present, or because children will not occupy the house in the future:
· Housing built on or after January 1, 1978 (when lead paint was banned for residential use)
· Housing exclusively for the elderly or persons with disabilities, unless a child under age 6 is expected to reside there for prolonged periods of time
· Zero bedroom dwellings, including efficiency apartments, single-room occupancy housing, dormitories, or military barracks
· Property that has been found to be free of lead-based paint by a certified inspector
· Property from which all lead-based paint has been removed, and clearance has been achieved
· Unoccupied housing that will remain vacant until it is demolished
· Non-residential property
· Any rehabilitation or housing improvement that does not disturb a painted surface.
Also, emergency repair actions, which are those needed to safeguard against imminent danger to human life, health or safety, or to protect property from further structural damage, are exempted.
Finally, the requirements do not apply to emergency housing assistance (such as for the homeless), unless the assistance lasts more than 100 days, in which case the rule does apply.
In accordance with the Statute (Title X of the 1992 Housing and Community Development Act), the requirements vary, depending on the nature of the Federal involvement (e.g., whether the housing is being disposed of or assisted by the Federal government); the type, amount and duration of financial assistance; the age of the structure (which is associated with the amount of lead in the paint); and whether the dwelling is rental or owner-occupied.
A summary of requirements for each type of housing assistance is at the end of the answer to this question. Details are in the regulation itself. If you are responsible for compliance with the regulation, you should become familiar with the specific requirements for your particular program or programs by reading the regulation itself.
To illustrate the nature of the requirements, below is a brief description of two of the more common sets of hazard evaluation and control requirements.
One set of hazard control requirements that applies to several HUD programs is:
· Stabilization of any deteriorated paint, including correction of any moisture leaks or other obvious causes of paint deterioration, as well as repainting (paint stabilization is not required if the paint is tested and found not to be lead-based paint);
· "Clearance" following paint stabilization to ensure that the work has been completed, that dust, paint chips and other debris have been satisfactorily cleaned up, and that settled dust has low levels of lead; and
· Ongoing maintenance of the paint and periodic reevaluation to ensure that the housing remains lead safe.
Another set of requirements found in the regulation is:
· a risk assessment to identify lead-based paint hazards;
· interim control measures to eliminate any hazards that are identified;
· clearance; and
· ongoing maintenance and periodic reevaluation to ensure that lead-based paint hazards do not reappear.
The terms, "risk assessment," "lead-based paint hazards," and "interim controls" are explained below in questions C1-C3.
SUMMARY OF HUD LEAD-BASED PAINT (LBP) REQUIREMENTS
|
Sub-part
|
Type of Program
|
Construction Period
|
Requirements1, 2, 3
|
|
A
|
Disclosure of Known Lead-Based Paint and/or Lead-Based Paint Hazards
|
Pre-1978
|
· See www.hud.gov/offices/lead for Lead Disclosure Rule requirements for sale or lease of residential property.
|
|
B
|
General Lead-Based Paint Requirements and Definitions
|
Pre-1978
|
· All properties covered by the Lead Safe Housing Rule.4
|
|
C
|
Disposition by Federal Agency Other Than HUD
|
Pre-1960
|
· LBP inspection and risk assessment.
· Abatement of LBP hazards.
· Notice to occupants.
|
|
1960-1977
|
· LBP inspection and risk assessment.
· Notice to occupants of results.
|
|
D
|
Project-Based Assistance by Federal Agency Other Than HUD
|
Pre-1978
|
· Provision of pamphlet.
· Risk assessment.
· Interim controls.
· Notice to occupants.
· Response to child with EIBLL.5
|
F
|
HUD-Owned Single Family Sold With a HUD-Insured Mortgage
|
Pre-1978
|
· Visual assessment.
· Paint stabilization.
· Notice to occupants of clearance.
|
|
G
|
Multifamily Mortgage Insurance:
|
|
1. For properties that are currently residential
|
Pre-1960
|
· Provision of pamphlet.
· Risk assessment.
· Interim controls.
· Notice to occupants.
· Ongoing LBP maintenance.
|
|
1960-1977
|
· Provision of pamphlet.
· Ongoing LBP maintenance.
|
|
2. For conversions and major renovations.
|
Pre-1978
|
· Provision of pamphlet.
· LBP inspection.
· Abatement of LBP.
· Notice to occupants.
|
|
H
|
Project-Based Assistance by HUD
|
|
For all properties
|
Pre-1978
|
· Provision of pamphlet.
· Notice to occupants.
· Ongoing LBP maintenance and reevaluation.
· Response to child with EIBLL.5
|
|
1. Multifamily property receiving more than $5,000 per unit per year
|
Pre-1978
|
· Risk assessment.
· Interim controls.
|
|
2. Multifamily property receiving less than or equal to $5,000 per unit per year, and single family properties
|
Pre-1978
|
· Visual assessment.
· Paint stabilization.
|
|
I
|
HUD-Owned Multifamily Property
|
Pre-1978
|
· Provision of pamphlet.
· LBP inspection and risk assessment.
· Interim controls.
· Notice to occupants.
· Ongoing LBP maintenance and reevaluation.
· Response to child with EIBLL.5
|
SUMMARY OF HUD LEAD-BASED PAINT (LBP) REQUIREMENTS (continued)
|
Sub-part
|
Type of Program
|
Construction Period
|
Requirements1, 2, 3
|
|
J
|
Rehabilitation Assistance:
|
|
For all Properties
|
Pre-1978
|
· Provision of pamphlet.
· Paint testing of surfaces to be disturbed, or presume LBP.
· Notice to occupants.
· Ongoing LBP maintenance if HOME rental.
|
|
1. Property receiving less than or equal to $5,000 per unit
|
Pre-1978
|
· Safe work practices in rehab.
· Repair disturbed paint.
· Clearance of the worksite.
|
|
2. Property receiving more than $5,000 and up to $25,000
|
Pre-1978
|
· Risk assessment.
· Interim controls.
|
|
3. Property receiving more than $25,000 per unit
|
Pre-1978
|
· Risk assessment.
· Abatement of LBP hazards.
· Interim controls allowed for exterior.
|
|
K
|
Acquisition, Leasing, Support Services, or Operation
|
Pre-1978
|
· Provision of pamphlet.
· Visual assessment.
· Paint stabilization.
· Notice to occupants.
· Ongoing LBP maintenance for ongoing assistance.
|
|
L
|
Public Housing
|
Pre-1978
|
· Provision of pamphlet.
· LBP inspection.
· Risk assessment if LBP not yet abated.
· Interim controls if LBP not yet abated.
· Abatement of LBP during modernization.
· Notice to occupants.
· Ongoing LBP maintenance and reevaluation.
· Response to child with EIBLL.5
|
|
M
|
Tenant-Based Rental Assistance for units to be occupied by children under 6 years of age
|
Pre-1978
|
· Provision of pamphlet.
· Visual assessment.
· Paint stabilization.
· Notice to occupants.
· Ongoing LBP maintenance.
· Response to child with EIBLL.5
|
1. Safe work practices and occupant protection are always required. Clearance is required after abatement, interim controls, paint stabilization, or standard treatments, except when the amount of deteriorated paint is below the
de minimis levels specified in Subpart R of the rule.
2. Notice to occupants must include results of evaluations (paint testing, inspection, and risk assessment) and clearance, where applicable.
3. Training requirements for Lead-Based Paint Services are:
Visual assessment: LBP Risk Assessment Certification.
Inspection: LBP Inspection Certification or Risk Assessment Certification.
Risk Assessment, or re-evaluation: Risk Assessment Certification.
Clearance: LBP Inspection or Risk Assessment Certification.
Hazard Control (except for small ("de minimis") amounts of paint disturbance; see 24 CFR 35.1350(d)):
Repair of paint, paint stabilization, or interim control: Lead-safe work practices course.
Abatement: Abatement certification.
4. See 24 CFR 35.115 for exemptions.
5. Environmental intervention blood lead level: At least 20 micrograms of lead per deciliter (ìg/dL) for a single test, or 15-19 ìg/dL in two tests taken at least 3 months apart.
