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109.04.6-XIV. Lead-Based Paint Requirements.

AR ADC 109.04.6-XIVArkansas Administrative Code

West's Arkansas Administrative Code
Title 109. Development Finance Authority
Division 04. Multi-Family Housing
Rule 6. Compliance Monitoring Policies and Procedures Manual for the Home Program
Ark. Admin. Code 109.04.6-XIV
109.04.6-XIV. Lead-Based Paint Requirements.
The information on Lead Based paint requirements is presented here as an overview and is not intended to be all-inclusive. ADFA advises all persons to access the HUD website for specific guidance and exemptions to the rule.
The U.S. Department of Housing and Urban Development (HUD) published a final regulation, “Requirements for Notification, Evaluation and Reduction of Lead- Based Paint Hazards in Federally Owned Residential Property and Housing Receiving Federal Assistance”. The purpose of the regulation is to protect young children from lead-based paint hazards in housing that is either receiving assistance from the Federal government or is being sold by the Federal government. The regulation establishes requirements that will control lead-based paint hazard in such housing that was built before January 1, 1978. Occupants in units constructed before 1978 must receive a disclosure notice and pamphlet describing lead-based paint hazards. Unit occupants must receive a disclosure form from the landlord or property manager noting any known presence of lead-based paint. The landlord or property manager must keep a copy of the disclosure notice in each tenant's file. The tenant must sign this notice before occupying the unit.
Other lead-based paint requirements depend on whether or not the HOME assistance involves rehabilitation and the dollar amount of the rehabilitation.
The regulation is at part 35 of Title 24 of the Code of Federal Regulations (24 CFR part 35). The regulation became effective September 15, 2000.
See attached Summary of Lead-Based Paint Requirements by Activity, included herewith as Exhibit C.
Some commonly used terms are:
Abatement: 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.
Bare Soil: soil or sand not covered by grass, sod, other live ground covers, wood chips, gravel, artificial turf, or similar coverings.
Certified: 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.
Chewable Surface: 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.
Clearance Examination: 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, collection, and analysis of environmental samples. Dust-lead standards are found at § 35.1320.
Common Area: 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.
Component: an architectural element of a dwelling unit or common area identified by type and location, such as a bedroom wall, an exterior window sill, a baseboard in a living room, a kitchen floor, an interior window sill in a bathroom, a porch floor, stair treads in a common stairwell, or an exterior wall.
Composite Sample: a collection of more than one sample of the same medium (e.g. dust, soil or paint) from the same type of surface, such as floor, interior windowsill or window trough, such that multiple samples can be analyzed as a single sample.
Containment: 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.
Deteriorated Paint: 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.
Dry Sanding: sanding without moisture and includes both hand and machine sanding.
Dust-Lead Hazard: surface dust that contains a dust-lead loading (area concentration of lead) at or exceeding the levels promulgated by the EPA pursuant to section 403 of the Toxic Substances Control Act or, if such levels are not in effect, the standards in § 35.1320.
Encapsulation: 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 sued as a method of abatement if it is designed and performed to be permanent (see definition of permanent).
Enclosure: 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).
Environmental Intervention Blood Lead Level (“EIBLL”): a confirmed concentration of lead in whole blood equal to or greater than μg/dL (micrograms of lead per deciliter) for a single test or 15 - 19 μg/dL in two tests taken at least 3 months apart.
Evaluation: 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.
Expected to Reside: 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.
Friction Surface: an interior or exterior surface that is subject to abrasion or friction, including, but not limited to, certain window, floor, and stair surfaces.
G means gram, mg means milligram (thousandth of a gram) and μg means microgram (millionth of a gram).
Hazard Reduction: 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.
HEPA Vacuum: 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.
Housing for the Elderly: 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.
HUD-owned Property: residential property owned or managed by HUD, or for which HUD is a trustee or conservator.
Impact Surface: an interior or exterior surface that is subject to damage by repeated sudden force, such as certain parts of doorframes.
Interim Controls: 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.
Interior Windowsill: 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 windowsill is sometimes referred to as the window stool.
Lead-based Paint: 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.
Lead-based Paint Hazard: any condition that causes exposure to lead from dustlead 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.
Lead-based Paint Inspection: 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.
Lead Hazard Screen: 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).
Paint Removal: a method of abatement that permanently eliminates lead-based paint from surfaces.
Paint Stabilization: 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.
Paint Surface to be disturbed: 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.
Paint Testing: the process of determining, by a certified lead-based paint inspector or risk assessor, the presence or absence of lead-based paint on deteriorated paint surfaces or painted surfaces to be disturbed or replaced.
Permanent: an expected design life of at least 20 years.
Play Area: an area of frequent soil contact by children of less than 6 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.
Reevaluation: 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.
Rehabilitation: 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.
Replacement: 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.
Risk Assessment: (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.
Soil-lead Hazard: bare soil on residential property that contains lead equal to or exceeding levels promulgated by the U.S. Environmental Protection Agency pursuant to section 403 of the Toxic Substances Control Act or, if such levels are not in effect, the following levels: 400 μg/g in play areas; and 2000 μg/g in other areas with bare soil that total more than 9 square feet (0.8 square meters) per residential property.
Standard Treatments: 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.
Substrate: the material directly beneath the painted surface out of which the components are constructed, including wood, drywall, plaster, concrete, brick or metal.
Target Housing: any housing constructed before 1978, except housing for the elderly or persons with disabilities (unless a child of less than 6 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 that banned the sale or use of lead-based paint before 1978, HUD may designate an earlier date.
Tenant: the individual named as the lessee in a lease, rental agreement or occupancy agreements for a dwelling unit.
Visual Assessment: the act of looking for, as applicable, (1) deteriorated paint; (2) visible surface dirt, debris and residue as part of a risk assessment or clearance examination; or (3) the completion or failure of a hazard reduction measure.
Wet Sanding or wet scraping: 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.
Window Trough: 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.
Worksite: 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 a residential property.
Current with amendments received through December 15, 2023. Some sections may be more current, see credit for details.
Ark. Admin. Code 109.04.6-XIV, AR ADC 109.04.6-XIV
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