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Effective May 1, 2010, owners of properties built before January 1, 1978 that are cited for chipping, cracking, and peeling paint and that have a child under 6 years old that is residing or will reside in the unit must meet the following requirements prior to passing the HQS Inspection:
• The owner has up to 30 days from the annual inspection and 10 days from the initial move-in inspection to provide a "passed" lead clearance test and proof the repairs were completed by a certified lead abatement contractor. • All other HQS violations must also be rectified.
If your property is cited for defective paint, was constructed prior to January 1, 1978 and there is, or will be, a child residing in the unit under the age of six, the following steps must be completed before your property can pass its HCVP HQS Inspection:
1. Hire a certified firm that uses an EPA certified renovator to perform lead-safe work repairs. A list of Certified Renovators/Certified Firms can be found at: http://cfpub.epa.gov/flpp/searchrrp_firm.htm
2. Have a full-house lead clearance examination, which meets the requirements of the State Law and the HUD Lead Safe Housing Rule, performed by a Licensed Risk Assessor, Licensed Lead Inspector, or a Certified Clearance Technician for interior repairs that disturb more than 2 square feet of a painted surface in any interior room or 10% of a minor area. Exterior repairs that disturb more than 20 square feet of a painted surface require a clearance examination that must include at least one dust sample from an exterior living space such as a porch.
· Lead test kits are not acceptable according to the HUD guidelines · A lead clearance examination is not required on properties found to be free of lead-based paint by a certified inspector who uses a portable XRF device. · A list of lead clearance examiners can be found at: http://cfpub.epa.gov/flpp/searchrrp_firm.htm · For more information call the EPA hotline 1-800-242-LEAD (5323) or visit the web at: http://www.epa.gov/lead/
3. Provide HCVP with the following documents: A. A copy of the Renovation Report which includes: 1. A copy of the Firm’s Certification Certificate 2. A copy of the Certified Renovator certificate 3. A copy of the signed Pre-Renovation Education Form confirming receipt of the lead hazard information pamphlet B. A clearance report completed by a Licensed Risk Assessor, Paint Inspector or Clearance Technician.
4. Both the Renovation Report and the passed lead clearance test must be provided to HCVP as one submittal within 30 calendar days from the annual or special inspection, and 7-10 business days from the first initial inspection for properties coming on to the HCV Program. NO EXCEPTIONS.
5. The required documents must be either hand-delivered or e-mailed to the HCVP office.
6. All repairs and clearances must comply with the Lead Safe Housing Rule, which can be found at: http://www.hud.gov/offices/lead/library/enforcement/LSHRGuidance21June04.pdf |
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EPA Lead Law and HQS Inspections |