U.S. Department of Housing and Urban Development’s Lead Safe Housing
Rule (HUD’s LSHR, which is found in HUD’s regulations at 24 CFR
Part 35, Subparts B through M), generally applies to work performed
in target housing units receiving HUD housing assistance, such as
rehabilitation or acquisition assistance.
the LSHR, the program participant governmental jurisdiction, non-profit,
community organization or the property owner who accepts HUD funds)
becomes responsible for compliance with the LSHR and is referred
to as the designated party (or DP).
firms may include, for example, for-profit contractors, non-profit
organizations, or a designated party using its own employees for
renovation. In the spirit of maintaining good customer relations,
certified renovation firms should ask their client if:
The work involves lead hazard control (including abatement, interim
control of lead hazards or ongoing lead-based paint maintenance);
The housing receives financial assistance. If so, the renovator
should ask the client to find out if the assistance is federal assistance.
Most clients would appreciate these questions so they may avoid
violating HUD or EPA rules.
See the Lead Safe Housing Rule website for
more information. The information below and in the table explain
the basic requirements of HUD’s regulation for renovators who have
not yet had experience with HUD-funded work. The term “rehabilitation”
is used by HUD to describe residential renovation work.
HUD funds pay for this work, funding often flows from HUD through
cities, states or other program participants, and addressing lead-based
painted surfaces becomes a routine part of the job. HUD’s specific
requirements depend on the amount of Federal rehabilitation assistance
the project is receiving:
Up to $5,000 per unit: “Do no harm” approach. Lead safety requirements
cover only the surfaces being disturbed. Program participants can
either test these surfaces to determine if they contain lead-based
paint or presume they contain lead-based paint. Work which disturbs
painted surfaces known or presumed to contain lead-based paint is
done using lead safe work practices, and clearance of the worksite
is performed at the end of the job (unless it is a very small “de
minimis” scale project) to ensure that no lead dust hazards remain
in the work area. Training that meets the EPA’s RRP Rule requirements
is sufficient for this work.
Greater than $5,000 and up to $25,000 per unit: Identify and control
lead hazards. Identify all lead hazards at the affected units
and common areas servicing those units by performing a lead-based
paint risk assessment. Control the hazards using interim controls.
Participants may skip the risk assessment and presume that all potential
lead hazards are present, and then must use standard treatments
to address them. In addition to training that meets the EPA’s RRP
Rule requirements, HUD-approved interim control training (such as
the HUDEPA RRP curriculum) is required for renovators and workers.
Greater than $25,000 per unit: Identify and abate lead hazards.
Identify all lead hazards at the property by performing a risk assessment
and then abate all the hazards. Participants may skip the risk assessment
and presume that all potential lead hazards are present and abate
them. This approach requires certified abatement contractors perform
the abatement part of the job.