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Additional Requirements of HUD's Lead Safe Housing Rule

The 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.

Under 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).

Renovation 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:

1) The work involves lead hazard control (including abatement, interim control of lead hazards or ongoing lead-based paint maintenance); and

2) 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.

When 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:

1) 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.

2) 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.

3) 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.