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Lead-Based Paint O&M Program ManualProject B1702158.03May 19, 2017Page 6F.Maintenance and Renovation Permit SystemF.1.O&M Coordinator Permit Issuance ProcedureMinimizing inadvertent disruption of LBP during maintenance and/or renovation is the responsibility of theO&M Coordinator. It may be prudent to initiate a permitting system, where all work orders or requests areapproved by the O&M Coordinator either verbally or using written forms. This permit system is an effectiveway of controlling disruption to LBP during maintenance and renovation activities.The permit system should require that all requests for activities that may disturb LBP be submitted forauthorization to proceed. The O&M Coordinator should physically inspect the area to make sure no LBP ispresent in the work area prior to giving authorization to proceed.The O&M Coordinator will assess the situation to determine whether or not the maintenance activity canproceed without disturbing the LBP or if the activity will need to be modified to avoid disturbance or bedeferred until the LBP in the area can be properly removed or abated by a licensed contractor.Contractors/vendors conducting work which will involve disturbance of any of the identified or suspectedLBP components should comply with the new U.S. Environmental Protection Agency (EPA) Renovation,Repair, and Maintenance Program Rule (40 CFR Part 745) (RRP Rule). This rule requires contractorcertification, tenant notifications, lead-safe work practices, clearance verification and record keeping.A copy of the EPA’s Renovate Right brochure is included in Appendix F and provides information aboutthe EPA RRP Rule.Example formats for written documentation of the permit system are included in Appendix G.F.2.Special Work practices for renovation and remodelingBuilding renovation, remodeling or building system replacement can be a cause for disturbance of LBP.Activities such as moving walls, adding rooms, or replacing ceilings or floors may result in the disturbance ofLBP. All areas shall be evaluated prior to renovation or remodeling to determine if LBP will be disturbed.

Lead-Based Paint O&M Program ManualProject B1702158.03May 19, 2017Page 7G.Periodic Surveillance - ReinspectionPeriodic surveillance is recommended from the date the O&M Program begins. Identified or assumed LBPshould be inspected whenever an apartment is vacated and/or when personnel access an apartment formaintenance purposes in an area with LBP.This periodic inspection should be conducted by the O&M Coordinator or by an individual that has theproper training. The purpose of the periodic surveillance is to ensure that changes in material condition aredocumented. If maintenance personnel note a change, the change will be documented. An example formatfor this documentation is included in Appendix H. The form includes space to document material location,visual inspection, condition change, the type of change and recommendations for response actions.H.Emergency Response ProceduresAn emergency response situation is not likely to occur due to the presence of the identified LBP at theProperty. However, lead dust can occur during maintenance or renovation projects (see Section 6.2).It is recommended that one or more local LBP abatement contractors are identified that are capable ofresponding on short notice.I.CertificationTHIS LEAD-BASED PAINT OPERATIONS AND MAINTENANCE PROGRAM WILL BE IMPLEMENTED UPONEXECUTION BY THE UNDERSIGNED.Dated this day of , 201As Certified By:Entity NameAddress (City, State, Zip)SignaturePrint Name & Title

Appendix ALead-Based Paint Guidance for HUD Field Staff

Lead-Based Paint GuidanceforOwners and HUD Field Staff

Table ContentIntroduction . iiiIInstructions for Owners . .A. Owner Communication with Contractor. 1. Scheduling Inspections. 2. Reporting. 3. Appeal Process . B. Owner Communication with Residents .1. Pre-Inspection .2. Post-Inspection C. Owner Communication with HUD. 1. Pre-Inspection . 2. Post Inspection. D. Owner Compliance Responsibilities. 1. Determining Applicable Compliance. 2. Calculating level of Assistance . .3. Determining Course of Action (Lead Hazard Control Plan). 4. Requesting HUD Assistance in Funding the LHCP . .5. Documentation of Compliance. .11123444555556667IIInstructions for Project Managers (PM).A. PM Monitoring/Responsibilities. . .1. Monitoring Pre-Inspection Activities .2. Monitoring Owner’s Actions.3. Monitoring LBP Inspection Results in REMS. .B. PM Analysis.1. Processing Owner’s Request for Funding.2. Verifying Owner’s Calculation of Level of Assistance .3. Compliance/Clearance Reports.777788889IIIIVVSpecial Instructions for Contract Administrators (CA). 9Frequently Asked Questions . 10Attachments. . 11Appendix AAppendix BAppendix CCompliance with the Lead Safe Housing Regulation is our objective.

Lead-Based Paint ComplianceInstructions for Owners and HUD Field StaffIntroductionThe Lead Safe Housing Rule contained in 24 CFR 35 became effective September 15,2000. This document summarizes the rule’s requirements for various multifamilyhousing programs and properties receiving Section 8 and other rental assistanceconstructed before 1978. The multifamily programs covered by the new rule are:(1) new applications for mortgage insurance (currently in development); (2) HUD-ownedand Mortgagee-In-Possession (MIP) properties; and (3) properties receiving projectbased rental assistance. Properties with units receiving no more than 5,000 of projectbased rental assistance annually have different requirements than properties with unitsreceiving more than 5,000 annually.To ensure the rule’s effective implementation, HUD has developed a transition plan witha three-part strategy. The goals of the transition plan are to: (1) establish transitionperiods during which geographic areas lacking capacity to comply with the rule can buildthat capacity and focus their resources on the housing stock with the greatest need;(2) provide training assistance to jurisdictions that need help building capacity; and(3) supply funding to reduce the costs of complying with the rule.The Office of Healthy Homes and Lead Hazard Control (OHHLHC) is assisting the localmunicipalities in building capacity to comply with items 1 and 2. In working with theindustry, Multifamily Housing is funding a volunteer lead-based paint inspection programto assist Owners in complying with item 3. This program requires the Real EstateAssessment Center (REAC) to contract for the Inspection/Risk Assessment (IRA).Similar to the physical inspection process, REAC will manage the IRA with a contractorselected by the Department. The contractor will conduct the IRA and report the findingsto the Hub/PCs, the Owner, the OHHLHC and Headquarters.REAC contacted all Owners with properties receiving Section 8 and other forms of rentalassistance provided to the tenants (Loan Management Set-Asides, Section 221(d)(3)with Below Market Interest Rates, and Section 236 with Rent Supplement Assistance) toascertain whether or not they were interested in participating in the program. HUDprovided the listing of Owners who expressed interest in the program to the contractorand the contractor contacted each Owner to schedule the IRA. The IRAs startedJune 4, 2001, and HUD will submit the first reports to the Owners, Hub/PCs, theOHHLHC and Headquarters during the first week of August of this year. REAC and theOHHLHC developed the IRA as a protocol to comply with the Environmental ProtectionAgency standards.The Multifamily Housing Project Manager (PM) will perform follow-up and monitoringactivities of the Owners participating in the Lead-Based Paint (LBP) inspection program.Each segment of the inspection process will consist of some PM involvement. Item II,page 8 of these instructions provides the procedures for Hub/PC staff monitoring(Project Managers).iii

IInstructions for OwnersA. Owner Communication with Contractor1. Scheduling InspectionsInitial Notice: The REAC contractor(s) will contact the owner by telephone tonegotiate a date for the LBP inspection and obtain ownership information i.e.,on-site property manager, contact person, property address, and ownershipentity. The negotiated date must be at least 30 calendar days from the dateREAC contacted the owner. The owner is required to provide preliminarynotification of the inspection to residents at least 15 days prior to the inspectiondate. (For further discussion of resident notification instructions see the sectionon Owner Communication with Residents on page 4). During scheduling of theinspection, the contractor will ascertain if the owner has submitted a Transfer ofPhysical Assets (TPA) application. If this has occurred, the contractor mustdetermine the status of the application before scheduling the IRA. If HUDapproves the TPA before the projected date of the IRA, the contractor mustobtain the new Owner’s approval to conduct the IRA. If a TPA approval occursafter the projected date, the contractor may schedule the IRA.If the Owner pays off the loan and/or opts-out of the Section 8 contract and thetenants use Section 8 certificates or vouchers, the contractor will still conduct theIRA.Second Notice: The REAC contractor is required to send a second notice to theOwner by certified mail 15 calendar days before the scheduled IRA date toconfirm the date and any required and/or requested ownership information. Thecontractor will include in this notice a checklist entitled, “Information for theResidents on Lead-Based Paint Inspection/Risk Assessment” for distribution toeach resident at least five days prior to the inspection. (See Appendix A).Similar to the Physical Inspections conducted by the REAC protocol, thecontractor will not inspect all of the units in the project. Based on theconstruction date of the property, the contractor will inspect a pre-determinednumber of units. The contractor will provide the number of units to the Owner 15days prior to the scheduled inspection. Neither the Owner nor the tenants willknow which units will be inspected until the date of the IRA.1

2. ReportingAfter completing the inspections for a property, the contractor will submit theresults electronically to REAC within 10 business days. REAC will review theresults using a checklist developed in conjunction with the OHHLHC. REAC willreview the results to determine if the report is acceptable. After REAC acceptsthe report, it will mail only the summary report of the results to the Owner and theOHHLHC. The Hub/PC will receive an electronic copy. To receive a copy of theentire report, the Owner must send a written request to:Anthony Carey, Deputy Project ManagerATTENTION: Lead-Based Paint1280 Maryland Avenue, SW, Suite 800Washington, DC 20024-2135The inspection report will identify whether there is NO LEAD PAINT or LEADPAINT and/or LEAD PAINT HAZARDS on the property. If there is LEAD PAINT,the report will identify the location, level of hazard, and acceptable or optionalways of mitigating the hazards.(a) Summary Report and Findings: HUD will provide a summary report tothe Owner. (The actual report is over thirty pages and will be available tothe Owner upon request). The Hub/PC, and the OHHLHC will receive acopy of the entire report. The entire report will consist of the i)(ix)(x)(xi)(xii)(xiii)A summary statement that specifies if the property contains leadhazards with an identification of the particular location.Property information and description.A summary of each identified lead hazard and a lead hazardmanagement category (i.e., high, moderate or low).A summary statement of the dust sample results averaged byeach component sampled (i.e., floors, windowsills, windowtroughs), room type, and the average compared to the applicablestandard level to determine if the results are project-wide.A summary statement of the overall condition of each building byaddress and evaluated samples.A summary statement listing the individual tested units and thetotal number of tested units.The total number of separate tests performed for eachhomogeneous component/substrate pair and the total number ofpositive or negative lead results.The lead classification result, positive or negative for eachidentified homogeneous component/substrate pair in theinspected property.High priority locations that received a detailed examination andenvironmental sampling during the risk assessment.A tabular listing of all testing combinations classified as leadbased paint.A tabular listing of all lead-based paint hazards.Actions required of the owner.Owner(s) name or representative present during theinspection/risk assessment.2

(b)Clearance Reports: The Owner of property with identified LeadBased Paint (LBP) and/or Lead Paint Hazards (LPH) must submita Lead Hazard Control Plan (LHCP). A clearance technician thathas been certified by the unit of local government to review andapprove the work will issue a clearance report once the Ownercompletes reduction activities (See Post-Inspection, page 5).Reduction activities include paint stabilization, maintenance,rehabilitation, interim controls or abatement. A clearanceexamination will follow these activities. In addition to therequirements described in the rule, individual states and localitiesmay have additional or more stringent requirements.As with the other notification requirements, the Owner must notifythe residents upon clearance report issuance. The Owner mustpost the clearance report in a visible, accessible site on theproperty or distribute it to each individual unit. The Owner mustprovide access to a file of all IRA reports in the project officeduring normal business hours for at least one year after all relatedLBP activity is complete for review by the tenants and potentialtenants.3. Appeal ProcessIf the Owner disagrees with the IRA, the Owner may appeal. To appeal, theOwner is required to request a re-evaluation of the IRA review within 15 calendardays of receiving the results. The request must be in writing and forwarded to:Director, Real Estate Assessment CenterATTENTION: Lead-Based Paint1280 Maryland Avenue, SW, Suite 800Washington, DC 20024-2135The re-evaluation may include an analysis of the information the inspectorcollected, a complete re-inspection of a sample of the property, or a laboratoryanalysis of the paint chip samples. If the paint chips samples are used as part ofthe re-evaluation, the Owner must repair the damage.If the Owner disagrees with the re-evaluation results, the Owner may contract foranother inspection with a contractor at the Owner’s expense. If the Ownercontracts for another IRA, the Owner may not charge the costs to the project asan expense. Handbook 4350.1 only permits the use of project funds for testing.The Owner should be advised that the inspection must comply with the3

standards provided in the regulations or the Departments’ protocol. The Ownermust submit this inspection to REAC at the above address within 30 businessdays from the Owner’s notification to REAC to contract for another inspection.The contractor must certify that the inspection meets regulations or theDepartment’s protocol.If REAC’s review of the Owner’s inspection concludes that the property is notcontaminated, HUD may reimburse the Owner the expense of contracting for theinspection.B. Owner Communication with ResidentsAlthough the Owner may request an appeal of the IRA report, the Owner mustpost all information regarding the IRA process in a visible, accessible site on theproperty or distribute it to each individual unit.1. Pre-InspectionAs provided in Item I, Scheduling Inspection, the Owner must notify residents atleast 15 days prior to the inspection date. The exact units that the contractor willinspect are unknown until the day of the inspection. The Owner must notify allresiden

operations and maintenance activities. E.2. Training for Maintenance Employees All maintenance employees shall attend an awareness course on lead hazards. At a minimum, training should cover: Information regarding lead and its various uses and forms. Information on the health effects associated with lead and medical surveillance requirements.