Nahro 2008 LBP Presentation


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Presented at National Association of Housing and Redevelopment Officials

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Nahro 2008 LBP Presentation

  1. 1. MN NAHRO FALL CONFERENCE 2008 HUD’s Lead Compliance Toolkit for the Housing Choice Voucher Program
  2. 2. <ul><li>Purpose of the Tool Kit </li></ul><ul><li>The toolkit is designed to assist Public Housing Authorities and landlords of HUD funded properties to understand, manage and comply with processes and documentation that is required under HUD’s lead-based paint regulations. </li></ul><ul><li>The toolkit provides the following: </li></ul><ul><ul><ul><ul><ul><li>Overview of the regulatory requirements </li></ul></ul></ul></ul></ul><ul><ul><ul><ul><ul><li>Recommended checklist </li></ul></ul></ul></ul></ul><ul><ul><ul><ul><ul><li>Sample recommended forms </li></ul></ul></ul></ul></ul>
  3. 3. <ul><li>Compliance </li></ul><ul><ul><li>Housing providers are funded through HUD to provide decent, safe and sanitary housing to their residents. </li></ul></ul><ul><ul><li>Public Housing Authorities and landlords protect these families by complying with HUD’s lead-based paint regulations. </li></ul></ul><ul><ul><li>Failure to comply with these requirements can result in enforcement action and program penalties. </li></ul></ul><ul><ul><li>Failure to comply can also result in unwanted exposure to liability such as civil money penalties or legal actions. </li></ul></ul><ul><ul><li>Fulfilling these requirements help to protect both our families and our programs. </li></ul></ul>
  4. 4. Elements of Compliance in the HCVP Documentation/ Recording for PHA’s <ul><li>Application documents age of children and applicability of Lead Safe Housing requirements (age of structure, kids under 6 yrs.). PHA’s can request, but cannot require release forms for medical conditions) application. PHA must notify applicants of the HUD rules if a child has EIBLL. </li></ul><ul><li>Must document tenant has received the lead warning statement, Protect Your Family from Lead in Your Home pamphlet. Must obtain and retain copies of executed Lead-Based Paint Disclosure notices from landlord documenting knowledge of lead-based paint . </li></ul><ul><li>Must perform Visual Assessments for deteriorated paint initially, annually and at turnover. Documents results of visual assessment for deteriorated paint. Inspectors must have completed HUD’s web course. </li></ul><ul><li>Must receive the Lead-Based Paint Owner Certification stating defective paint was stabilized by qualified workers, using safe work practices and will receive on going monitoring. Clearance is required if work exceeds de minimus levels. </li></ul><ul><li>Must obtain and retain records of actions taken concerning a child with EIBLL in a covered unit. </li></ul>
  5. 5. Elements of Compliance in the HCVP Documentation/ Recording for Landlords <ul><ul><li>Must provide the tenant with the pamphlet and lead disclosure form and any additional lead information at change of lease conditions. </li></ul></ul><ul><ul><li>Identify and stabilize all deteriorated paint. Provide notification to residents of lead-based paint inspections, risk assessments or hazard reduction activity within 15 days. </li></ul></ul><ul><ul><li>Record Lead Hazard reduction activities including, Paint Stabilization, lead safe work practices, occupant protection. </li></ul></ul><ul><ul><li>Work must be performed by personnel with proper training or supervision. They must have completed the 1 day course or be certified for lead abatement. </li></ul></ul><ul><ul><li>Clearance testing is required for all work on paint over the de minimis amounts. Testing must be performed by a different person than who performed the work. </li></ul></ul><ul><ul><li>Provide on going lead-based paint maintenance. </li></ul></ul><ul><ul><li>Must keep original disclosure forms, notices, evaluation and clearance examinations and abatement reports for 3 years. The information must available upon request. </li></ul></ul><ul><ul><li>For exemption claims, must keep inspection report of lead-free housing and letter of lead free housing. </li></ul></ul><ul><ul><li>Provide copies of records to others upon request. </li></ul></ul><ul><ul><li>In 2009 the EPA’s Renovation, Repair and Painting Rule will go into effect putting added restrictions on remodeling. </li></ul></ul>
  6. 6. Elements of Compliance in the HCVP Actions Taken Concerning Cases of Reported EIBLL <ul><li>Landlord- </li></ul><ul><ul><li>Is responsible for the control of lead-based paint hazards, including clearance testing within 30 days. </li></ul></ul><ul><ul><li>The landlord must notify the affected building residents of evaluation or hazard reduction results. </li></ul></ul><ul><li>PHA- </li></ul><ul><ul><li>Must report EIBLL child to heath department within 5 working days after receiving a medical provider’s report or verify any notice from a non-medical source. </li></ul></ul><ul><ul><li>The PHA must have a risk a assessment conducted in the unit and common areas of the unit in which the child was living. The Health Department’s perform the Risk Assessments. </li></ul></ul><ul><ul><li>The PHA must make an attempt to perform quarterly data exchanges with the health department of addresses of assisted units and ask for names and addresses of EIBLL children. The health department may not want to exchange information due to the State Data Privacy laws. PHA must keep records of the attempt to exchange. </li></ul></ul>
  7. 8. Definitions Visual Assessment : A visual assessment during initial and periodic inspection of housing quality looks at interior and exterior painted surfaces to identify paint deterioration, and other specific conditions that may be lead-based paint hazards. (A visual assessment does not identify lead-based paint.) This visual assessment must be performed by a person trained in visual assessment, and may be done during the HQS inspection. A certified risk assessor is also trained to perform visual assessment. Lead-Based Paint Hazards: 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. Interim Controls : A set of measures to temporarily control lead-based paint hazards. Qualified workers using safe work practices must complete interim control methods. Follow-up monitoring is needed. Paint Stabilization : A specific interim control method that stabilizes painted surfaces and addressed the underlying cause of deterioration. Steps include repairing defective surfaces, removing loose paint and applying new paint.
  8. 9. Definitions continued Risk Assessment : A comprehensive evaluation for lead-based paint hazards that includes paint testing, dust and soil sampling, and a visual assessment. The risk assessment report identifies lead hazards and appropriate lead hazard reduction methods. A State of Minnesota certified risk assessor must conduct the assessment. Clearance Examination : Clearance is performed after hazard reduction, rehabilitation or maintenance activities to determine if a unit is free of lead hazards. It involves a visual assessment, analysis of dust samples, and provision of report. The certified risk assessor, paint inspector, or lead sampling technician (working under the supervision of a Risk Assessor) performing clearance must be independent from the entity/individual conducting paint stabilization or hazard reduction. Abatement : Measures to permanently control (that is, 20 years or more, or forever) lead-based paint or lead-based paint hazards. EPA regulations exclude from the definition of abatement “renovation, remodeling, landscaping or other activities, when such activities are not designed to permanently eliminate lead-based paint hazards, but instead are designed to repair, restore, or remodel a given structure or dwelling. Abatement methods are total removal of lead paint and lead contaminated soil, enclosure or encapsulation. Abatement does not mean Lead Free. The lead is still there and still needs lead disclosures.
  9. 10. <ul><li>File Checklist for Compliance with Lead-Based Paint Regulations ( HUD suggests this list of documents to be maintained for covered units.) </li></ul><ul><li>Lead Regulation Exemptions: Housing Choice Voucher Program ( HUD suggests this worksheet to be placed in tenant file for assisted properties.) </li></ul><ul><li>Disclosure Form for Rentals and Leases ( HUD requires documentation to be completed prior to leasing and maintained for covered units.) </li></ul><ul><li>Owner’s Self-Certification Form ( HUD requires documentation to be maintained for covered units with deteriorated paint.) </li></ul><ul><li>Sample Notice of Lead Hazard Evaluation ( HUD suggests this worksheet to be placed in tenant file for assisted properties.) </li></ul><ul><li>Protection of Occupants’ Belongings and Worksite Preparation ( HUD suggests this checklist to be placed in tenant file for assisted properties.) </li></ul><ul><li>Clearance Report Review Worksheet ( HUD suggests this checklist to be placed in tenant file for assisted properties.) </li></ul><ul><li>Sample Clearance Report ( HUD requires documentation to be maintained for covered units with deteriorated paint over de minimis.) </li></ul>Sample Forms (Handouts from the Toolkit)
  10. 11. <ul><ul><ul><li>For more information visit the Office of Healthy Homes and Lead Hazard Control (OHHLHC). The website is /office/lead . </li></ul></ul></ul><ul><ul><ul><li>You can get “The Housing Choice Voucher Lead Compliance Toolkit “ at . </li></ul></ul></ul><ul><ul><ul><li>HUD’s on-line Visual Assessment course is required for all individuals performing Housing Quality Standards (HQS) inspections. It is found at /office/lead/training . </li></ul></ul></ul><ul><ul><ul><li>For Free Safe Work Practices Training for 7 county metro area contact Jim Yannarelly @ 651-266-1138. </li></ul></ul></ul><ul><ul><ul><li>For Free Safe Work Practices Training for Out-state contact Dan Locher @ 651-201-4605. </li></ul></ul></ul>Training and Other Information
  11. 12. THE END L. Wright