Get the Lead Out: Navigating Lead-Based Paint Rules and Regulations

Do you know which lead-based paint rules apply to your multi-family housing development project? This is a challenge developers face when renovating a pre-1978 multi-family housing or converting pre-1978 structures into multi-family housing. Knowing the ins and outs of how or why each program applies can be daunting and frustrating. Here are two programs that can impact your project:

U.S. Housing and Urban Development (HUD) Lead-Safe Housing Rule (LSHR)

Two factors that determine if HUD LSHR applies to the project are:

  1. Intent of the project
  2. Type of federal HUD financing that is contributed to your project

If your intent is to reduce or eliminate the lead hazards, you will be required to follow the HUD LSHR and is considered regulated lead abatement per the Minnesota Department of Health (MDH) Lead Poisoning Prevention Rule. In determining applicability based on financing, consider the specific federal financing program your project is applying for as well as the overall cost per unit for the planned renovation work. Knowing these key aspects will help determine the level of assessment and abatement, including third party clearance testing, that will be required.

U.S. Environmental Protection Agency (EPA) Renovation, Repair and Painting (RRP) Program

If your intent is renovation, not to reduce or eliminate lead hazards, then the EPA RRP Rule applies. The EPA RRP Rule requires the use of EPA certified renovators. While not as stringent as the HUD LSHR, the EPA RRP Rule does require the use of lead-safe work practices to minimize lead dust creation or lead hazards. Additionally, this program places the responsibility for verifying that the renovation was completed properly on the certified renovation contractor. However, third party clearance testing can be a critical check to determine that the project has not created or contributed to a lead hazard at the property.

With in-depth knowledge of the nuances of each program, the experts at Braun Intertec can help you navigate the complexities of lead-based paint rules. We can help you understand which rules apply to your project and can help develop an approach which minimizes impacts to project schedule and budget. Contact Derek Schilling at 952.995.2674 for more information.

Derek M. Schilling Senior Scientist

P: 952.995.2674