TYPE OF ASSISTANCE TYPE OF PROPERTY HAZARD REDUCTION REQUIREMENT. Multifamily property constructed before Constructed after 1959 and before 1978

Transcription

1 HUD Federally-Assisted Lead-Based Paint Final Rule HUD has released the final rule n lead paint hazard reductin in federally assisted husing. The rule applies t all types f federal assistance -- including Sectin 8 subsidies, tenant-based rental assistance, rehabilitatin assistance, and mrtgage insurance. The rule ges int effect in September 15, 2000 (except fr prhibitins against using dangerus methds f remving paint -- which take effect n Nvember 15, 1999). Prperties excluded include thse built after January 1, 1978, prperties designated fr elderly r disabilities (unless a child under 6 is expected t reside there), lead-free husing, and nnresidential prperty. Requirements under the rule vary based upn age f the prperty, and type f assistance received. The regulatin des allw fr rent increases t supprt csts assciated with the Rule. Fr a full cpy f the Rule, visit While the Final Rule des nt define specific penalties fr vilating the prvisins cntained within, parties wh are fund t be in nn-cmpliance will be sanctined accrding t their specific situatin. Fr example, a party wh is fund t be in vilatin, may be cnsidered in default f their regulatry r HAP agreement, and may be debarred frm receiving assistance frm HUD, r denied participatin in any future HUD prgrams. Civil mney penalties and ther sanctins may als apply. TYPE OF ASSISTANCE TYPE OF PROPERTY HAZARD REDUCTION REQUIREMENT Multifamily mrtgage insurance - ther than cnversins and majr rehabilitatins Multifamily prperty cnstructed befre 1960 Risk Assessment Interim cntrls until clearance achieved Onging maintenance activities Multifamily mrtgage insurance - ther than cnversins and majr rehabilitatins Cnstructed after 1959 and befre 1978 On ging maintenance practices Multifamily mrtgage insurance fr cnversins and rehabilitatins Multifamily prperty cnstructed befre 1978 Lead-based Paint Inspectin Abatement f all leadbased paint (exceptin fr histrically significant prperties) Prject based assistance f up t $5,000 per unit (including Sectin 8 md rehab, prject-based certificate, etc) Pre-1978 cnstructed multifamily r single family Visual Assessment Paint Stabilizatin with clearance Ntice t ccupants f results f clearance Onging lead-based If a child f under 6 years f age, has an envirnmental interventin

2 bld lead level the wner must cnduct: Verificatin Hazard reductin Ntice f reductin Reprt n child t public health department Prject-based assistance f mre than $5000 per unit Cnstructed befre 1960 Risk Assessment t be cmpleted by September 17, 2001 Interim cntrls Onging lead based and re-evaluatin Transitinal Requirements until Risk Assessment cmplete: Onging lead based If a child f under 6 years f age, has an envirnmental interventin bld lead level the wner must cnduct: Verificatin Hazard reductin Ntice f reductin Prject-based assistance f mre than $5000 per unit Cnstructed after 1959, and befre 1978 Reprt n child t public Risk Assessment t be cmpleted by September 15, 2003 Interim cntrls Onging lead based and re-evaluatin Transitinal Requirements until Risk Assessment cmplete: Onging lead based If a child f under 6 years f age, has an envirnmental interventin

3 bld lead level the wner must cnduct: Verificatin Hazard reductin Ntice f reductin HUD-wned multifamily prperty Cnstructed pre-1978 Reprt n child t public Risk Assessment Interim cntrls and clearance Onging lead-based and re-evaluatin If a child f under 6 years f age, has an envirnmental interventin bld lead level the wner must cnduct: Verificatin Hazard reductin Ntice f reductin Rehabilitatin assistance f up t $5000 per unit Cnstructed pre-1978 Reprt n child t public Cnduct paint testing, r presume the presence f If tests shw, r lead paint assumed: Implement safe wrk practices during rehabilitatin wrk Rehabilitatin assistance f between $5,000-$25,000 per unit Cnstructed pre-1978 Perfrm a clearance examinatin Cnduct paint testing, r assume presence f Perfrm risk assessment Mre than $25,000 per unit in rehabilitatin assistance Cnstructed befre 1978 Perfrm interim cntrls f all hazards Cnduct paint testing, r assume presence f Perfrm risk assessment

4 Sld t a buyer with a HUD mrtgage Pre-1978 cnstructed single family Abate all hazards The fllwing must ccur befre the prperty can be sld: A visual assessment f all painted surfaces in rder t identify deterirated paint; Paint stabilizatin f all deterirated paint; Clearance examinatin Occupancy is nt permitted until the abve is achieved. Tenant-based rental assistance Multifamily prperty built befre 1978 and in which: Dwelling unit is ccupied, r will be ccupied by families r husehlds that have ne r mre children f less than 6 years f age Cmmn areas servicing a dwelling unit ccupied by the abve If the abve are nt cmpleted befre a sale, they must be carried ut by the purchaser befre ccupancy. Visual assessment Stabilizatin f deterirated paint surfaces and clearance Ntice t ccupants f results f clearance Onging lead-based activities If a child f under 6 years f age, has an envirnmental interventin bld lead level the wner must cnduct: Verificatin Hazard reductin Ntice f reductin Reprt n child t public Cllect data frm public names f children with an identified envirnmental interventin bld lead level

5 RISK ASSESSMENT - an n-site investigatin t determine and reprt the existence, nature, severity, and lcatin f hazards, which, in accrdance with Title X, include dust-lead and sillead hazards, as well as deterirated, as well as n frictin, impact and chewable surfaces. A risk assessment includes limited dust wipe sampling r ther envirnmental sampling techniques, identificatin f hazard reductin ptins, and a reprt explaining the results f the investigatin and ptins fr reducing hazards. CLEARANCE - an examinatin cnducted after hazard reductin, rehabilitatin, r maintenance activities (a) t visually determine that deterirated surfaces that are knwn r presumed t be have been cntrlled r abated and that visible dust, debris, paint chips, r ther residue have been cleaned up; and (b) t cllect samples f settled dust and test them fr lead cntent t determine that n dust-lead hazards remain. INTERIM CONTROLS - a set f measures designed t reduce temprarily human expsure r likely expsure t hazards. Interim cntrls include, but are nt limited t, repairs, painting, temprary cntainment, specialized cleaning, clearance, nging lead-based activities, and the establishment and peratin f management and resident educatin prgrams. VISUAL ASSESSMENT - means lking fr, as applicable: Deterirated paint; Visible surface dust, debris and residue as part f a risk assessment r clearance examinatin; r The cmpletin r failure f a hazard reductin measure. PAINT STABILIZATION - means repairing any physical defect in the substrate f a painted surface that is causing paint deteriratin, remving lse paint and ther material frm the surface t be treated, and applying a new prtective cating r paint. HAZARD REDUCTION - measures designed t reduce r eliminate human expsure t hazards thrugh methds including interim cntrls r abatement r a cmbinatin f the tw. ABATEMENT - any set f measures designed t permanently eliminate r lead-based paint hazards. Abatement includes: The remval f and dust-lead hazards, the permanent enclsure r encapsulatin f, the replacement f cmpnents r fixtures painted with, and the remval r permanent cvering f sil-lead hazards, and All preparatin, cleanup, dispsal, and pst abatement clearance testing activities assciated with such measures. Envirnmental interventin bld lead level - a cnfirmed cncentratin f lead in whle bld equal t r greater than 20 mg/dl (micrgrams f lead per deciliter) fr a single test r mg/dl in tw tests taken at least 3 mnths apart.