Lead-Based Paint
in Residential Housing Summary

(Links updated 2017)

Purpose of Summary

The purpose of this summary is to provide information on the health effects of lead based-paint and to provide information that field units can use to comply with the Residential Lead-Based Paint Hazard Reduction Act (RLPHRA) of 1992 and the lead-based paint residential housing regulation issued by the Department of Housing and Urban Development (HUD) on September 15,1999¹. The summary explains the requirements for lead-based paint abatement and notification when Forest Service-owned housing is sold. It also specifies the measures that must be taken to address lead-based paint contamination when limited financial resources are available.

Detrimental Health Affects of Lead-Based Paint

Children experience the highest risk of lead poisoning from ingestion of lead-based paint because they are frequently in contact with lead paint through contact with lead-dust on floors and often chew on surfaces painted with lead paint. Childhood lead poisoning causes reduced intelligence, low attention span, reading and learning disabilities, and has been linked to juvenile delinquency, behavioral problems, and many other adverse health affects. It is the most common environmental disease of young children². Adults can also suffer from excessive lead exposure, but fetuses, infants, and children under the age of six are at the highest risk of lead poisoning.

The primary purpose of HUD's residential housing regulation is to protect children from adverse health affects of lead-based paint. The following sections explain the regulatory requirements and provide information on implementing the regulation. The full text of the regulation can be found in Vol. 64, No. 240 of the Federal Register dated September 15, 1999. The Federal register is available online at https://www.gpo.gov/fdsys/pkg/FR-1999-12-15/html/99-32417.htm.

Requirements of RLPHRA and HUD's 1999 Regulation

The requirements only apply to certain types of housing; they do not apply to non-residential buildings. The term "target housing" defines the type of housing covered by the requirements.

What is the definition of target housing?

Target housing is any housing constructed before 1978 except for:

• Housing for the elderly and persons with disabilities (unless a child under six years old lives or is expected to live in the housing)
  
  
• Dwellings with zero bedrooms (any residential dwelling where the living areas are not separated from the sleeping areas, such as efficiencies, studio apartments, dormitories, etc.)

What types of buildings are exempt from the requirements?

• Non-residential buildings
  
  
• Zero bedroom dwellings (unless occupied by a child under 6 years old)
  
  
• Housing for the elderly and disabled (unless occupied by a child under 6 years)
  
  
• Target housing that is going to be demolished
  
  
• Residential property built after 1978
  
  
• Residential property in which all lead-based paint has been identified, removed, or given clearance prior to September 2000

What are the requirements of RLPHRA and HUD's 1999 Regulation?

The date the target housing was constructed determines the requirement. The two important years are 1960 and 1978.

Requirement 1: For target housing constructed prior to 1960 you must perform inspection and abatement of lead hazards. The buyer must be notified of the presence of lead.

Abatement - any set of measures designed to permanently eliminate lead-based paint or lead-based paint hazard. Abatement includes 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.

Lead hazard - any condition that causes exposure to lead from dust-lead hazards, soil-lead hazards, or lead-based paint that is 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 provisions of a report explaining the results of the investigation.

Permanent - an expected design life of 20 years.

Requirement 2: For target housing constructed from 1960-1978, an inspection and risk assessment is required, but not abatement. The buyer must be notified of the presence of lead.

The chart below summarizes the lead-based paint requirements.

Note the following requirements:

• Risk assessments must be completed prior to closing the sale by the agency that owns the property.
  
  
• Abatement can be performed after the sale.

Insufficient Appropriation

The HUD regulation states that federal agencies will determine whether appropriations are sufficient to implement the above requirements. If an agency determines the funds are insufficient, it can decide not to implement the above requirements. However, the Forest Service does not believe a determination of insufficient appropriations is adequate rationale not to implement the above requirements due to the health threat posed by lead-based paint to employees and the public.

Field units will therefore implement the above requirements. If the unit determines that implementation of the above requirements is fundamentally unattainable due to funding constraints, it shall implement Subparts F of the regulation. The subpart requires that lead hazards be addressed to protect human health, but the requirements are less rigorous. Field units are responsible for documenting in writing whether the full abatement requirements or Subpart F will be implemented. Subpart F is briefly summarized below.

Subpart F

Subpart F applies to single family homes and requires that:

1. A visual inspection of all painted surfaces to identify deteriorated paint;
   
   
2. Paint stabilization of all deteriorated paint;
   
   
3. Clearance of property;
   
   
4. Occupancy prohibited until paint stabilization is complete and clearance is achieved.
   
   Consult the final regulation for more detailed information on the requirements.

Additional Resources

EPA Training and Certification Program for Lead-Based Paint Activities in Target Housing and Child-Occupied Facilities, https://www.epa.gov/lead/renovation-repair-and-painting-program

References

1. The Federal Register, Vol. 64, No. 178. Requirements for Notification, Evaluation and Reduction of Lead-Based Paint Standards in Federally Owned Residential Property and Housing Receiving Federal Assistance; Final Rule.
   
   
2. CDC 1990. Centers for Disease Control, Public Health Service, US Department of Health and Human Services. Strategic Plan for the Elimination of Childhood Lead Poisoning. November 1990.