Table of Contents:
The following definitions represent a list of key definitions for terms used in the Lead Safe Housing Rule. Terms that are official definitions from the regulation include the regulatory citation 24 CFR 35.110 following the definition. Definitions for other terms are based on regulatory language or other guidance development by OHHLHC, but are not formal definitions.
Abatement means any set of measures designed to permanently eliminate lead-based paint or lead-based paint hazards (see definition of "permanent"). Abatement includes:
(1) The removal of lead-based paint and dust-lead hazards, the permanent enclosure or encapsulation of lead-based paint, the replacement of components or fixtures painted with lead-based paint, and the removal or permanent covering of soil-lead hazards; and
(2) All preparation, cleanup, disposal, and post abatement clearance testing activities associated with such measures. (24 CFR 35.110)
All lead-based paint previously removed
Properties where all lead-based paint has been identified and removed are exempt from lead-based paint requirements. At these properties, the removal must be established in accordance with sections 40 CFR 745.227 (b) and (e) before September 15, 2000, and sections 24 CFR 35.1340, .1342, and .1345 for work completed on or after September 15, 2000.
NOTE: This exemption does not apply to properties where encapsulation or enclosure was used because lead-based paint is still present.
Applicable paint surfaces include any surface to be disturbed, as well as friction, impact, chewable, and deteriorated paint surfaces.
Bare soil means soil or sand not covered by grass, sod, other live ground covers, wood chips, gravel, artificial turf, or similar covering. (24 CFR 35.110)
Certified means licensed or certified to perform such activities as risk assessment, lead-based paint inspection, or abatement supervision, either by a state or Indian tribe with a lead-based paint certification program authorized by the Environmental Protection Agency (EPA), or by the EPA, in accordance with 40 CFR part 745, subparts L or Q. (24 CFR 35.110)
Chewable surface means an interior or exterior surface painted with lead-based paint that a young child can mouth or chew. A chewable surface is the same as an "accessible surface" as defined in 42 U.S.C. 4851b(2)). Hard metal substrates and other materials that cannot be dented by the bite of a young child are not considered chewable. (24 CFR 35.110)
Clearance examination means an activity conducted following lead-based paint hazard reduction activities to determine that the hazard reduction activities are complete and that no soil-lead hazards or settled dust-lead hazards, as defined in this part, exist in the dwelling unit or worksite. The clearance process includes a visual assessment and collection and analysis of environmental samples. Dust-lead standards for clearance are found at Sec. 35.1320. (24 CFR 35.110)
Common area means a portion of a residential property that is available for use by occupants of more than one dwelling unit. Such an area may include, but is not limited to, hallways, stairways, laundry and recreational rooms, playgrounds, community centers, on-site day care facilities, garages, and boundary fences. (24 CFR 35.110)
Component means an architectural element of a dwelling unit or common area identified by type and location, such as a bedroom wall, an exterior windowsill, a baseboard in a living room, a kitchen floor, an interior windowsill in a bathroom, a porch floor, stair treads in a common stairwell, or an exterior wall. (24 CFR 35.110)
Composite sample means a collection of more than one sample of the same medium (e.g., dust, soil or paint) from the same type of surface (e.g., floor, interior windowsill, or window trough), such that multiple samples can be analyzed as a single sample. (24 CFR 35.110)
Containment means the physical measures taken to ensure that dust and debris created or released during lead-based paint hazard reduction are not spread, blown, or tracked from inside to outside of the worksite. (24 CFR 35.110)
Safe work practices are not required if maintenance or lead hazard reduction activities disturb a total surface area that is less than the following de minimis standards:
- 20 ft2 (2 m2) on exterior surfaces;
- 2 ft2 (0.2 m2) in any one interior room or space; or
- 10 percent of the total surface area on an interior or exterior type of component with a small surface area, like windowsills, baseboards, and trim.
Designated party means a federal agency, grantee, subrecipient, participating jurisdiction, housing agency, Indian tribe, tribally designated housing entity (TDHE), sponsor, or property owner responsible for complying with applicable requirements. (24 CFR 35.110)
Deteriorated paint means any interior or exterior paint or other coating that is peeling, chipping, chalking, or cracking, or any paint or coating located on an interior or exterior surface or fixture that is otherwise damaged or separated from the substrate. (24 CFR 35.110)
Dry sanding means sanding without moisture and includes both hand and machine sanding. (24 CFR 35.110)
Dust-lead hazard means surface dust that contains a dust-lead loading (area concentration of lead) equal to or exceeding the levels promulgated by the EPA at 40 CFR 745.65 or, if such levels are not in effect, the standards for dust-lead hazards in Sec. 35.1320. (24 CFR 35.110)
Dwelling unit means a:
(1) Single-family dwelling, including attached structures such as porches and stoops; or
(2) Housing unit in a structure that contains more than one separate housing unit, and in which each such unit is used or occupied, or intended to be used or occupied, in whole or in part, as the home or separate living quarters of one or more persons. (24 CFR 35.110)
Activities that occur during emergency action are exempt, provided the action is “immediately necessary to safeguard against imminent danger to human life, health, or safety, or to protect property from further structural damage (such as when a property has been damaged by natural disaster, fire, or structural collapse)…” This exemption only applies to repairs necessary to respond to the emergency. The lead-based paint requirements apply to any work undertaken after the emergency action.
Encapsulation means the application of a covering or coating that acts as a barrier between the lead-based paint and the environment and that relies for its durability on adhesion between the encapsulant and the painted surface, and on the integrity of the existing bonds between paint layers and between the paint and the substrate. Encapsulation may be used as a method of abatement if it is designed and performed so as to be permanent (see definition of "permanent"). (24 CFR 35.110)
Enclosure means the use of rigid, durable construction materials that are mechanically fastened to the substrate in order to act as a barrier between lead-based paint and the environment. Enclosure may be used as a method of abatement if it is designed to be permanent (see definition of "permanent"). (24 CFR 35.110)
Environmental intervention blood lead level
Environmental intervention blood lead level means a confirmed concentration of lead in whole blood equal to or greater than 20 μg/dL (micrograms of lead per deciliter) for a single test or 15-19 μg/dL in two tests taken at least three months apart. (24 CFR 35.110)
Evaluation means a risk assessment, a lead hazard screen, a lead-based paint inspection, paint testing, or a combination of these to determine the presence of lead-based paint hazards or lead-based paint. (24 CFR 35.110)
Expected to reside
Expected to reside means there is actual knowledge that a child will reside in a dwelling unit reserved for the elderly or designated exclusively for persons with disabilities. If a resident woman is known to be pregnant, there is actual knowledge that a child will reside in the dwelling unit. (24 CFR 35.110)
Friction surface means an interior or exterior surface that is subject to abrasion or friction, including, but not limited to, certain window, floor, and stair surfaces. (24 CFR 35.110)
Grantee means any state or local government, Indian tribe, IHBG recipient, insular area or nonprofit organization that has been designated by HUD to administer federal housing assistance under a program covered by subparts J and K of this part, except the HOME program. (24 CFR 35.110)
Hard costs of rehabilitation
Hard costs of rehabilitation means:
(1) Costs to correct substandard conditions or to meet applicable local rehabilitation standards;
(2) Costs to make essential improvements, including energy-related repairs and those necessary to permit use by persons with disabilities; and costs to repair or replace major housing systems in danger of failure; and
(3) Costs of nonessential improvements, including additions and alterations to an existing structure; but
(4) Hard costs do not include administrative costs (e.g., overhead for administering a rehabilitation program, processing fees, etc). (24 CFR 35.110)
Hazard reduction means measures designed to reduce or eliminate human exposure to lead-based paint hazards through methods including interim controls or abatement or a combination of the two. (24 CFR 35.110)
HEPA vacuum means a vacuum cleaner device with an included high-efficiency particulate air (HEPA) filter through which the contaminated air flows, operated in accordance with the instructions of its manufacturer. A HEPA filter is one that captures at least 99.97 percent of airborne particles of at least 0.3 micrometers in diameter. (24 CFR 35.110)
Housing built after January 1, 1978
The regulation does NOT apply to residential properties for which construction was completed on or after January 1, 1978. Some state and local governments banned lead-based paint prior to January 1, 1978, so residential structures built prior to that date in areas where lead-based paint was banned may be exempt from lead-based paint requirements. To receive this exemption, grantees must apply to HUD for approval.
Housing for the elderly
Housing for the elderly means retirement communities or similar types of housing reserved for households composed of one or more persons 62 years of age or more, or other age if recognized as elderly by a specific federal housing assistance program. (24 CFR 35.110)
Impact surface means an interior or exterior surface that is subject to damage by repeated sudden force, such as certain parts of doorframes. (24 CFR 35.110)
Interim controls means a set of measures designed to reduce temporarily human exposure or likely exposure to lead-based paint hazards. Interim controls include, but are not limited to, repairs, painting, temporary containment, specialized cleaning, clearance, ongoing lead-based paint maintenance activities, and the establishment and operation of management and resident education programs. (24 CFR 35.110)
Interior window sill
Interior window sill means the portion of the horizontal window ledge that protrudes into the interior of the room, adjacent to the window sash when the window is closed. The interior window sill is sometimes referred to as the window stool. (24 CFR 35.110)
Lead-based paint means paint or other surface coatings that contain lead equal to or exceeding 1.0 milligram per square centimeter or 0.5 percent by weight or 5,000 parts per million (ppm) by weight. (24 CFR 35.110)
Lead-based paint hazard
Lead-based paint hazard means 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. (24 CFR 35.110)
Lead-based paint inspection
Lead-based paint inspection means a surface-by-surface investigation to determine the presence of lead-based paint and the provision of a report explaining the results of the investigation. (24 CFR 35.110)
Lead hazard screen
Lead hazard screen means a limited risk assessment activity that involves paint testing and dust sampling and analysis as described in 40 CFR 745.227(c) and soil sampling and analysis as described in 40 CFR 745.227(d). (24 CFR 35.110)
Level of rehabilitation assistance
The amount of rehabilitation assistance is the lesser of two amounts: the average federal assistance per assisted dwelling unit and the average per unit hard costs of rehabilitation. Federal assistance includes all federal funds assisting the project, regardless of the use of the funds. Federal funds being used for acquisition of the property are to be included, as well as funds for construction, permits, fees, and other project costs. The hard costs of rehabilitation include all hard costs, regardless of source, except that the costs of lead-based paint hazard evaluation and hazard reduction activities are not to be included. Costs of site preparation, occupant protection, relocation, interim controls, abatement, clearance, and waste handling attributable to compliance with the requirements of this part are not to be included in the hard costs of rehabilitation. All other hard costs are to be included, regardless of whether the source of funds is federal or non-federal, public or private. (24 CFR 35.915 (b)(2))
For further guidance and instruction on calculating the level of rehabilitation assistance, see the document entitled Calculating Level of Rehabilitation Assistance Worksheets.
Notice of Evaluation
Under the LSHR, a grantee must provide or post a notice no later than 15 days after a lead hazard evaluation report has been received and lead-based paint or lead-based paint hazards found. A posted notice must be placed in a public area, such as the mailroom in an apartment building, where residents can read the results of the evaluation.
For a sample Notice of Evaluation, download this form.
Notice of Lead Hazard Reduction
Under the LSHR, a grantee must provide or post a notice of lead hazard reduction activities no later than 15 days after a lead hazard reduction activities have been completed. A posted notice must be placed in a public area, such as the mailroom in an apartment building, where residents can read the results of the evaluation.
For a sample Notice of Lead Hazard Reduction, download this form.
Notice of Presumption
A Notice of Presumption is required if the grantee chooses the option of presuming that lead-based paint exists. A grantee must provide or post a notice no later than 15 days from when it makes the presumption. A posted notice must be placed in a public area, such as the mailroom in an apartment building, where residents can read the notice.
For a sample Notice of Presumption, download this form.
Appropriate actions must be taken to protect occupants from lead-based paint hazards assocated with lead hazard reduction, paint stabilization, maintenance, or rehabilitation activities.
- Occupants may not enter the worksite during lead hazard reduction activities. Reentry is permitted only after lead hazard reduction, paint stabilization, maintenance, or rehabilitation activities are completed and the dwelling has passed a clearance examination.
- Occupants of the unit must be temporarily relocated to a suitable unit that is decent, safe, sanitary, and free of lead-based paint hazards during lead rehabilitation activities. Relocation must be done before lead hazard reduction activities begin. See "Relocation" for exceptions.
- Property owners must protect occupants’ belongings from lead contamination during lead hazard reduction activities by relocating or covering and sealing them and ensuring that the worksite is secured against entry during non-working hours until the unit passes a clearance examination.
The LSHR requires post-rehabilitation and ongoing lead-based paint maintenance activities for rental properties rehabilitated using HOME funds. The purpose of these requirements is to inform current and new occupants of the dangers of lead-based paint and to prevent surfaces from becoming lead hazards again.
For a multifamily property funded wholly or in part by HOME funding, the administering agency must ensure that the owner is conducting the required monitoring, evaluations, and notifications as part of their regular compliance monitoring. The following are specific maintenance activities required for HOME rental properties:
- Regular maintenance and evaluation of lead hazard reduction work. The owner is responsible for;
- A visual inspection of lead-based paint annually and at unit turn-over.
- Repair of all deteriorated paint; and
- Repair of encapsulated or enclosed areas that are damaged.
- Owners should request, in writing, that occupants of rental units monitor lead-based paint surfaces and inform the owner of potential lead hazards.
Paint stabilization means repairing any physical defect in the substrate of a painted surface that is causing paint deterioration, removing loose paint and other material from the surface to be treated, and applying a new protective coating or paint. (24 CFR 35.110)
Paint testing means the process of determining, by a certified lead-based paint inspector or risk assessor, the presence or the absence of lead-based paint on deteriorated paint surfaces or painted surfaces to be disturbed or replaced. (24 CFR 35.110) Spot testing does not qualify as paint testing under the Lead Safe Housing Rule. However, the results of spot testing may be disclosable under the Lead Disclosure Rule to new tenants and purchasers.
Paint removal means a method of abatement that permanently eliminates lead-based paint from surfaces. (24 CFR 35.110)
Painted surface to be disturbed
Painted surface to be disturbed means a paint surface that is to be scraped, sanded, cut, penetrated, or otherwise affected by rehabilitation work in a manner that could potentially create a lead-based paint hazard by generating dust, fumes, or paint chips. (24 CFR 35.110)
Permanent means an expected design life of at least 20 years. (24 CFR 35.110)
Play area means an area of frequent soil contact by children of less than six years of age, as indicated by the presence of play equipment (e.g., sandboxes, swing sets, sliding boards, etc) or toys or other children's possessions, observations of play patterns, or information provided by parents, residents, or property owners. (24 CFR 35.110)
Protect Your Family pamphlet
The pamphlet “Protect Your Family from Lead in Your Home” represents the lead hazard information pamphlet described at 24 CFR 35.130 and is to be provided to each occupied dwelling unit if provision of a lead hazard information pamphlet is required in subparts D and F through M of this part. It is available in the Resources section of this Advisor under General Forms and Resources.
The pamphlet can also be downloaded in five languages from the website of the HUD Office of Lead Hazard Control. Click on “About Lead Paint” under Resources. A printed, color version of the pamphlet, “Protect Your Family from Lead in Your Home,” can be purchased from the U.S. Government Printing Office ($24.00 for packages of 50) by calling (888) 293-6948 (toll-free) or 1-202-512-1530 (this is a toll call). The GPO stock number is 055-000-00507-9. Individual copies of the printed, color version, in either English or Spanish (“Proteja a Su Familia del Plomo en Su Casa”), can be obtained at no cost from the National Lead Information Center at 1-800-424-LEAD or electronically at http://www.epa.gov/lead/pubs/leadpdfe.pdf. If you are a hearing- or speech-impaired person, you may reach the above telephone numbers via TTY by calling the toll-free Federal Information Relay Service at 1-800-877-8339.
Reevaluation means a visual assessment of painted surfaces and limited dust and soil sampling conducted periodically following lead- based paint hazard reduction where lead-based paint is still present. (24 CFR 35.110)
Rehabilitation means the improvement of an existing structure through alterations, incidental additions or enhancements. Rehabilitation includes repairs necessary to correct the results of deferred maintenance, the replacement of principal fixtures and components, improvements to increase the efficient use of energy, and installation of security devices. (24 CFR 35.110)
It may be necessary to relocate occupants while lead hazard reduction work is being performed. The decision to relocate is largely determined by the extent of the rehabilitation and the lead hazard reduction work. Relocation may be necessary when rehabilitation requires more than one day, if it affects major portions of the unit or if it will take place in bathrooms and kitchens.
Circumstances when occupant relocation is not required:
- Treatment will not disturb lead-based paint, dust lead hazards, or soil lead hazards.
- Treatment of the interior will be completed within one period in eight daytime hours, the site will be contained, and the work will not create other safety, health, or environmental hazards.
- Only the building’s exterior is treated; the windows, doors, ventilation intakes, and other openings near the worksite are sealed during hazard reduction activities and cleaned afterward; and a lead-free entry is provided.
- Treatment will be completed within five calendar days; the work area is sealed; at the end of each day, the area within 10 feet of the containment area is cleared of debris and cleaned; at the end of each day, occupants have safe access to sleeping areas, bathroom, and kitchen facilities; and treatment does not create other safety, health, or environmental hazards.
- HUD has advised that the relocation of elderly occupants is not typically required, so long as complete disclosure of the nature of the work is provided and informed consent of the elderly occupant(s) is obtained before commencement of the work. (See Item J24 in “Interpretive Guidance—The HUD Regulation on Controlling Lead-Based Paint Hazards in Housing Receiving Federal Assistance and Federally Owned Housing Being Sold,” 6/21/04 edition)
Replacement means a strategy of abatement that entails the removal of building components that have surfaces coated with lead-based paint and the installation of new components free of lead-based paint. (24 CFR 35.110)
Risk assessment means:
(1) An on-site investigation to determine the existence, nature, severity, and location of lead-based paint hazards; and
(2) The provision of a report by the individual or firm conducting the risk assessment explaining the results of the investigation and options for reducing lead-based paint hazards. (24 CFR 35.110)
Safe work practices
Lead safe work practices are specific practices that create less dust and/or control its spread better than traditional work practices. A joint EPA-HUD training course of lead safe work practices is available on the OHHLHC website for more information on these specific practices.
The regulation does prohibit the use of the following methods to remove paint that is or may be lead-based paint. These prohibited methods are:
- Open-flame burning or torching
- Machine sanding or grinding without a high-efficiency particulate air (HEPA) local exhaust control
- Abrasive blasting or sandblasting without HEPA local exhaust control
- Heat guns operating above 1100 degrees Fahrenheit or charring the paint
- Dry sanding or dry scraping, except dry scraping in conjunction with heat guns or within 1.0 ft. (0.30 m) of electrical outlets, or when treating defective paint spots totaling no more than 2 sq. ft. (0.2 sq. m) in any one interior room or space, or totaling no more than 20 sq. ft. (2.0 sq. m) on exterior surfaces
- Paint stripping in a poorly ventilated space using a volatile stripper that is a hazardous substance in accordance with regulations of the Consumer Product Safety Commission at 16 CFR 1500.3, and/or a hazardous chemical in accordance with the Occupational Safety and Health Administration regulations at 29 CFR 1910.1200 or 1926.59, as applicable to the work
Single room occupancy (SRO)
Single room occupancy (SRO) housing means housing consisting of zero-bedroom dwelling units that may contain food preparation or sanitary facilities or both (see "Zero-bedroom dwelling"). (24 CFR 35.110)
Soil-lead hazard means bare soil on residential property that contains lead equal to or exceeding levels promulgated by the EPA at 40 CFR 745.65 or, if such levels are not in effect, the standards for soil-lead hazards in Sec. 35.1320. (24 CFR 35.110)
Standard treatments means a series of hazard reduction measures designed to reduce all lead-based paint hazards in a dwelling unit without the benefit of a risk assessment or other evaluation. (24 CFR 35.110)
State or local ban
Some state and local governments banned lead-based paint prior to January 1, 1978, so residential structures built prior to that date in areas where lead-based paint was banned may be exempt from lead-based paint requirements. To receive this exemption, grantees must apply to HUD for approval.
Substrate means the material directly beneath the painted surface out of which the components are constructed, including wood, drywall, plaster, concrete, brick, or metal. (24 CFR 35.110)
Target housing means any housing constructed prior to 1978, except housing for the elderly or persons with disabilities (unless a child of less than six years of age resides or is expected to reside in such housing for the elderly or persons with disabilities) or any zero-bedroom dwelling. In the case of jurisdictions which banned the sale or use of lead-based paint prior to 1978, HUD may designate an earlier date. (24 CFR 35.110)
Vacant until demolition
Section 35.115(a)(6) says that an unoccupied property that is to be demolished is exempt from the regulation, provided the property remains unoccupied until demolition. Although the regulation does not apply to demolition, parties planning demolition should determine first whether other federal, state or local environmental requirements apply. It is possible that lead hazards may be generated in the act of demolition of residential properties with lead-based paint. Soil remediation following demolition depends on the level of lead in the soil and the planned reuse of the site (e.g., whether residential or another use, and whether the soil will be covered).
A visual assessment alone is not considered an evaluation for the purposes of this part. Visual assessment means looking for, as applicable:
(1) Deteriorated paint;
(2) Visible surface dust, debris, and residue as part of a risk assessment or clearance examination; or
(3) The completion or failure of a hazard reduction measure. (24 CFR 35.110)
Wet sanding or wet scraping
Wet sanding or wet scraping means a process of removing loose paint in which the painted surface to be sanded or scraped is kept wet to minimize the dispersal of paint chips and airborne dust. (24 CFR 35.110)
Window trough means the area between the interior windowsill (stool) and the storm window frame. If there is no storm window, the window trough is the area that receives both the upper and lower window sashes when they are both lowered. (24 CFR 35.110)
Worksite means an interior or exterior area where lead-based paint hazard reduction activity takes place. There may be more than one worksite in a dwelling unit or at a residential property. (24 CFR 35.110)
Zero-bedroom dwelling means any residential dwelling in which the living areas are not separated from the sleeping area. The term includes efficiencies, studio apartments, dormitory or single-room occupancy housing, military barracks, and rentals of individual rooms in residential dwellings (see "Single room occupancy (SRO)"). (24 CFR 35.110)