Title 24--Housing and Urban Development PART 35--LEAD-BASED PAINT POISONING PREVENTION IN CERTAIN RESIDENTIAL STRUCTURES |
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(a) Purpose and applicability. (1) The purpose of this subpart J is
to establish procedures to eliminate as far as practicable lead-based
paint hazards in a residential property that receives Federal
rehabilitation assistance under a program administered by HUD.
Rehabilitation assistance does not include project-based rental
assistance, rehabilitation mortgage insurance or assistance to public
housing.
(2) The requirements of this subpart shall not apply to HOME funds
which are committed to a specific project in accordance with Sec. 92.2
of this title before September 15, 2000. Such projects shall be subject
to the requirements of Sec. 92.355 of this title that were in effect at
the time of project commitment or the requirements of this subpart.
(3) For the purposes of the Indian Housing Block Grant program and
the CDBG Entitlement program, the requirements of this subpart shall
apply to all residential rehabilitation activities (except those
otherwise exempted) for which funds are first obligated on
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or after September 15, 2000. For the purposes of the State, HUD-
Administered Small Cities, and Insular Areas CDBG programs, the
requirements of this subpart shall apply to all covered activities
(except those otherwise exempted) for which grant funding is awarded to
the unit of local government by the State or HUD, as applicable, on or
after September 15, 2000. For the purposes of the Emergency Shelter
Grant Program (42 U.S.C. 11371-11378) and the formula grants awarded
under the Housing Opportunities for Persons with AIDS Program (HOPWA)
(42 U.S.C. 12901 et. seq.), the requirements of this subpart shall apply
to activities for which program funds are first obligated on or after
September 15, 2000.
(4) For the purposes of competitively awarded grants under the HOPWA
Program and the Supportive Housing Program (42 U.S.C. 11481-11389), the
requirements of this subpart shall apply to grants awarded under Notices
of Funding Availability published on or after September 15, 2000.
(5) For the purposes of the Indian CDBG program (Sec. 1003.607 of
this title), the requirements of this subpart shall not apply to funds
whose notice of funding availability is announced or funding letter is
sent before September 15, 2000. Such project grantees shall be subject
to the regulations in effect at the time of announcement or funding
letter.
(b) The grantee or participating jurisdiction may assign to a
subrecipient or other entity the responsibilities set forth in this
subpart.
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Definitions and other general requirements that apply to this subpart are found in subpart B of this part. |
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(a) Notices. In cases where evaluation or hazard reduction or both
are undertaken as part of federally funded rehabilitation, the grantee,
participating jurisdiction, or CILP recipient, shall provide a notice to
occupants in accordance with Sec. 35.125.
(b) Lead hazard information pamphlet. The grantee, participating
jurisdiction, or CILP recipient, shall provide the lead hazard
information pamphlet in accordance with Sec. 35.130.
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| Sec. 35.915 Calculating rehabilitation costs, except for the CILP Program. | |||||||||||||||||||||||||||||||
(a) Applicability. This section applies to recipients of Federal
rehabilitation assistance, except for CILP recipients, for which
Sec. 35.920 applies.
(b) Rehabilitation assistance. (1) Lead-based paint requirements for
rehabilitation fall into three categories which depend on the amount of
rehabilitation assistance provided. The three categories are:
(i) Assistance of up to and including $5,000 per unit;
(ii) Assistance of more than $5,000 per unit up to and including
$25,000 per unit; and
(iii) Assistance of more than $25,000 per unit.
(2) For purposes of implementing Secs. 35.930-35.935, the amount of
rehabilitation assistance is the average per unit amount of Federal
funds for the hard costs of rehabilitation, excluding lead-based paint
hazard evaluation and hazard reduction activities. Costs of site
preparation, occupant protection, relocation, interim controls,
abatement, clearance and waste handling attributable to lead-based paint
hazard reduction are not to be included in the hard costs of
rehabilitation.
(c) Calculating rehabilitation assistance. For a residential
property that includes both federally assisted and non-assisted units,
the rehabilitation costs of non-assisted units are not included in the
calculation.
(1) The average cost of rehabilitation for the assisted units is
calculated as follows:
Per Unit Rehabilitation $ = (a/c) + (b/d)
Where:
a= Federal Rehabilitation Assistance for all assisted units
b= Federal Rehabilitation Assistance for common areas and exterior
painted surfaces
c= Number of federally assisted units
d= Total number of units
(2) Eight out of 10 dwelling units in a residential property receive
Federal rehabilitation assistance. The total amount of Federal
rehabilitation assistance for the dwelling units is
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$90,000, and the total amount of Federal rehabilitation assistance for
the common areas and exterior surfaces is $10,000. Based on the formula
above, the average per unit amount of Federal rehabilitation assistance
is $12,250. This is illustrated as follows: $12,250 = ($90,000/8) +
($10,000/10). |
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| Sec. 35.920 Calculating rehabilitation costs for the Flexible Subsidy -CLIP program. | |||||||||||||||||||||||||||||||
All dwelling units and common areas in a residential property are
considered to be assisted under the CILP program. The cost of
rehabilitation is calculated as follows:
Per Unit Rehab $ = Federal Rehab Assistance / Total Number of Units. |
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| Sec. 35.925 Examples of determining applicable requirements. | |||||||||||||||||||||||||||||||
The following examples illustrate how to determine whether the
requirements of Secs. 35.930(b), (c), or (d) apply to a dwelling unit
receiving Federal rehabilitation assistance (dollar amounts are on a per
unit basis):
(a) If the total amount of Federal assistance for a dwelling is
$2,000, and the hard costs of rehabilitation are $10,000, the lead-based
paint requirements would be those described in Sec. 35.930(b), because
Federal rehabilitation assistance is up to and including $5,000.
(b) If the total amount of Federal assistance for a dwelling unit is
$6,000, and the hard costs of rehabilitation are $2,000, the lead-based
paint requirements would be those described in Sec. 35.930(b). Although
the total amount of Federal dollars is more than $5,000, only the $2,000
of that total can be applied to rehabilitation. Therefore, the Federal
rehabilitation assistance is $2,000 which is not more than $5,000.
(c) If the total amount of Federal assistance for a unit is $6,000,
and the hard costs of rehabilitation are $6,000, the lead-based paint
requirements are those described in Sec. 35.930(c), because the amount
of Federal rehabilitation assistance is more than $5,000 but not more
than $25,000.
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| Sec. 35.930 Evaluation and hazard reduction requirements. | |||||||||||||||||||||||||||||||
(a) Paint testing. The grantee, participating jurisdiction, or CILP
recipient shall either perform paint testing on the painted surfaces to
be disturbed or replaced during rehabilitation activities, or presume
that all these painted surfaces are coated with lead-based paint.
(b) Residential property receiving an average of up to and including
$5,000 per unit in Federal rehabilitation assistance. Each grantee,
participating jurisdiction, or CILP recipient shall:
(1) Conduct paint testing or presume the presence of lead-based
paint, in accordance with paragraph (a) of this section. If paint
testing indicates that the painted surfaces are not coated with lead-
based paint, safe work practices and clearance are not required.
(2) Implement safe work practices during rehabilitation work in
accordance with Sec. 35.1350 and repair any paint that is disturbed.
(3) After completion of any rehabilitation disturbing painted
surfaces, perform a clearance examination of the worksite(s) in
accordance with Sec. 35.1340. Clearance is not required if
rehabilitation did not disturb painted surfaces of a total area more
than that set forth in Sec. 35.1350(d).
(c) Residential property receiving an average of more than $5,000
and up to and including $25,000 per unit in Federal rehabilitation
assistance. Each grantee, participating jurisdiction, or CILP recipient
shall:
(1) Conduct paint testing or presume the presence of lead-based
paint, in accordance with paragraph (a) of this section.
(2) Perform a risk assessment in the dwelling units receiving
Federal assistance, in common areas servicing those units, and exterior
painted surfaces, in accordance with Sec. 35.1320(b), before
rehabilitation begins.
(3) Perform interim controls in accordance with Sec. 35.1330 of all
lead-based paint hazards identified pursuant to paragraphs (c)(1) and
(c)(2) of this section and any lead-based paint hazards created as a
result of the rehabilitation work.
(d) Residential property receiving an average of more than $25,000
per unit in Federal rehabilitation assistance. Each grantee,
participating jurisdiction, or CILP recipient shall:
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(1) Conduct paint testing or presume the presence of lead-based
paint in accordance with paragraph (a) of this section.
(2) Perform a risk assessment in the dwelling units receiving
Federal assistance and in associated common areas and exterior painted
surfaces in accordance with Sec. 35.1320(b) before rehabilitation
begins.
(3) Abate all lead-based paint hazards identified by the paint
testing or risk assessment conducted pursuant to paragraphs (d)(1) and
(d)(2) of this section, and any lead-based paint hazards created as a
result of the rehabilitation work, in accordance with Sec. 35.1325,
except that interim controls are acceptable on exterior surfaces that
are not disturbed by rehabilitation.
[64 FR 50214, Sept. 15, 1999; 65 FR 3387, Jan. 21, 2000]
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| Sec. 35.935 Ongoing lead-based paint maintenance activities. | |||||||||||||||||||||||||||||||
In the case of a rental property receiving Federal rehabilitation assistance under the HOME program or the Flexible Subsidy-CILP program, the grantee, participating jurisdiction or CILP recipient shall require the property owner to incorporate ongoing lead-based paint maintenance activities into regular building operations, in accordance with Sec. 35.1355(a). |
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| Sec. 35.940 Special requirements for insular areas. | |||||||||||||||||||||||||||||||
If a dwelling unit receiving Federal assistance under a program
covered by this subpart is located in an insular area, the requirements
of this section shall apply and the requirements of Sec. 35.930 shall
not apply. All other sections of this subpart J shall apply. The insular
area shall conduct the following activities for the dwelling unit,
common areas servicing the dwelling unit, and the exterior surfaces of
the building in which the dwelling unit is located:
(a) Residential property receiving an average of up to and including
$5,000 per unit in Federal rehabilitation assistance. (1) Implement safe
work practices during rehabilitation work in accordance with
Sec. 35.1350 and repair any paint that is disturbed by rehabilitation.
(2) After completion of any rehabilitation disturbing painted
surfaces, perform a clearance examination of the worksite(s) in
accordance with Sec. 35.1340. Clearance shall be achieved before
residents are allowed to occupy the worksite(s). Clearance is not
required if rehabilitation did not disturb painted surfaces of a total
area more than that set forth in Sec. 35.1350(b).
(b) Residential property receiving an average of more than $5,000
per unit in Federal rehabilitation assistance. (1) Before beginning
rehabilitation, perform a visual assessment of all painted surfaces in
order to identify deteriorated paint.
(2) Perform paint stabilization of each deteriorated paint surface
and each painted surface being disturbed by rehabilitation, in
accordance with Secs. 35.1330(a) and (b).
(3) After completion of all paint stabilization, perform a clearance
examination of the affected dwelling units and common areas in
accordance with Sec. 35.1340. Clearance shall be achieved before
residents are allowed to occupy rooms or spaces in which paint
stabilization has been performed.
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