LEAD BASED PAINT
Many of you have experienced the results of HUD’s “Requirements for Notification, Evaluation and Reduction of Lead-Based Paint Hazards in Federally Owned Residential Property and Housing Receiving Federal Assistance” which became effective on September 15, 2000. For participants in the Section 8 Program, the requirements apply to housing built before 1978 which is occupied or expected to be occupied by a child or children under the age of six (6).
The following information is intended to summarize the aspects of the regulation which will affect how you do business with our agency. Although lengthy, this review may assist you in avoiding future misunderstandings about the federal guidelines. As always, we appreciate your participation in Section 8 and hope to make our working relationship with you as smooth as possible. If you have specific questions about the information contained in this summary, you may contact your Housing Inspector.
What are the requirements for Section 8 subsidized housing?
Ø A visual inspection of all exterior and interior painted surfaces by Section 8 staff
Ø 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)
Ø “Clearance” following paint stabilization to ensure that there has been satisfactory cleanup of dust, paint chips and other debris (clearance includes scientific testing of settled dust for lead if the amount of deteriorated paint in the interior of the unit exceeds the minimis level, which is defined on the following page)
Ø Notice to occupants of evaluation and hazard reduction activities
Ø Ongoing maintenance of the paint to ensure that the housing remains lead safe
HOW CAN I AVOID DEALING WITH PAINT STABILIZATION, CLEARANCE AND ONGOING LEAD-BASED PAINT MAINTENANCE IN MY SECTION 8 SUBSIDIZED UNIT?
Before the scheduled Section 8 inspection, evaluate each pre-1978 unit to assure that there is no peeling, cracking, flaking or chipping paint anywhere on the subsidized premises. This includes all surface areas from ground to roof and from floor to ceiling, as well as common areas and adjacent structures, such as fences and detached garages or sheds.
If you or the Section 8 inspector find deteriorated paint surfaces, you may avoid stabilization, clearance, notice to occupants and ongoing maintenance by having a certified lead-based paint firm test all surfaces with non-intact paint. If paint testing indicates the absence of lead-based paint on a specific surface, paint stabilization is not required on that surface.
What dangerous methods of paint removal are prohibited under the rule?
Certain methods of removing paint are known to be dangerous and/or produce very high levels of lead dust, and are prohibited. They are:
Ø Open-flame burning or torching;
Ø Abrasive blasting without high efficient (“HEPA”) vacuum local exhaust;
Ø Machine sanding or grinding without HEPA vacuum local exhaust;
Ø Heat guns at temperatures above 750° F;
Ø Dry scraping (wet scraping should be done instead, except near electrical outlets, where use of water could result in electrocution hazards and except for very small areas of deteriorated paint, such as nail holes and hairline cracks);
Ø Paint stripping in a poorly ventilated space using a volatile stripper that is a hazardous substance (according to regulations of the Consumer Product Safety Commission or the Occupational Safety and Health Administration), such as methylene chloride.
Is clearance required after all lead hazard control activities?
Yes, except for small jobs which do not exceed the de minimis level established by HUD (see below for what constitutes a “small job”, that is, a job for which safe work practices are not required).
How large does an area of deteriorated paint have to be before this rule requires action and what is the de minimis level?
The rule requires that all deteriorated paint must be stabilized, except when the paint is found not to be lead-based paint or when the deterioration is limited to hairline cracks or small nicks, scratches or nail holes. In addition, “safe work practices” (that is, occupant protection, worksite preparation and specialized cleaning) must be used during stabilization only when the area of paint being disturbed exceeds the de minimis level, which is:
Ø 20 square feet on exterior surfaces; or
Ø 2 square feet in any one interior room or space; or
Ø 10% of the total surface area on an interior or exterior type of component with a small surface area (such as painted window sills, baseboards and trim)
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Who can do clearance examinations?
A clearance examination must be done by a person who was not involved in performing the hazard control work and who is certified and licensed by the State of Oregon as a lead-based paint inspector, risk assessor, or clearance technician.
Who pays for the clearance examination?
The Housing Agency can reimburse you up to $150 for the expense of the initial clearance test. However, you will be responsible for the costs of subsequent clearance tests if the initial test fails the unit. A copy of the billing can be submitted to the Housing Agency when you submit the results of the clearance test.
When can the application of the regulation be delayed?
If adverse weather does not permit required hazard reduction work to be completed according to the normal schedule, the work can be delayed until the weather clears.
Do occupants always need to be relocated out of their dwelling unit during lead hazard control work?
No. However, occupants (especially children) are never permitted to enter a room or hallway while work is underway there. Many jobs may be performed without relocation if the work area is contained so that dust generated by the work does not migrate to the rest of the living area during the work, cleanup and clearance.
What does the regulation require for dwellings where a lead-poisoned child has been identified?
In most cases in which there is continuing HUD assistance, a risk assessment of the child’s dwelling must be completed within 15 days after the owner is notified of the presence of a lead-poisoned child by a health department or other medical health care provider. If lead-based paint hazards are identified, they must be corrected within 30 days after the risk assessment has been completed. For the purposes of this regulation a lead-poisoned child is defined as a child of less than 6 years of age with a blood lead level of 10 micrograms per deciliter or greater for a single test or 10 -14 micrograms per deciliter in two tests taken at least three months apart. This follows the guidelines on blood lead screening and environmental investigation from the Centers for Disease Control and Prevention (CDC).
DEFINITIONS
Lead-based paint hazards
Title X defines “lead-based paint hazards” as including deteriorated lead-based paint; lead-based paint on friction surfaces, impact surfaces and accessible (chewable) surfaces; and dust and soil that is contaminated with lead above specified standards. The regulation states further that friction, impact and chewable surfaces must show signs of paint abrasion, damage or teeth marks to be considered lead-based paint hazards. Lead-based paint that is intact and in good condition is not considered a hazard.
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Stabilization
Under standard treatments, all deteriorated paint is stabilized (as described below), all horizontal surfaces are made smooth and cleanable to prevent accumulation of lead dust, all friction and impact surfaces (that could generate lead dust and/or paint chips) are corrected, all bare soil is covered, and a final clearance test is passed.
Stabilizing paint is repairing any physical defect in the material beneath the painted surface that is causing paint deterioration, removing loose paint and other material from the surface to be treated using wet methods to reduce dust generation, and applying a new protective coating or paint.
How does this regulation affect the lead-based paint disclosure requirements that were issued jointly by HUD and EPA in 1996?
It has no affect whatsoever on the disclosure requirements. As of December 6, 1996, all owners of pre-1978 rental housing in the United States are required to provide tenants with the pamphlet titled “Protect Your Family From Lead in Your Home” and with a Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards. The only exceptions to the disclosure requirements for rental housing are single-room occupancy (SRO) units, elderly and disabled housing, short-term leases of 100 days or less where no lease renewal or extension occurs, and housing found by a certified lead-based paint inspector to be lead-base.
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