|
(f) Structure and materials
<br />(1) Performance requirement. The dwelling unit shall be structurally sound so as not to pose any threat to the health and
<br />safety of the occupants and so as to protect the occupants from the environment.
<br />(2) Acceptability criteria. Ceilings, walls, and floors shall not have any serious defects such as severe bulging or leaning, large
<br />holes, loose surface materials, severe buckling or noticeable movement under walking stress, missing parts or other serious
<br />damage. The roof structure shall be firm and the roof shall be weather tight. The exterior wall structure and exterior wall surface
<br />shall not have any serious defects such as serious leaning, buckling, sagging, cracks or holes, loose siding, or other serious
<br />damage. The condition and equipment of interior and exterior stairways, halls, porches, walkways, etc., shall be such as not to
<br />present a danger of tripping or falling. Elevators shall be maintained in safe and operating condition.
<br />(g) Interior air quality
<br />(1) Performance requirement. The dwelling unit shall be free of pollutants in the air at levels which threaten the health of the
<br />occupants.
<br />(2) Acceptability criteria. The dwelling unit shall be free from dangerous levels of air pollution from carbon monoxide, sewer
<br />gas, fuel gas, dust, and other harmful air pollutants. Air circulation shall be adequate throughout the unit. Bathroom areas shall
<br />have at least one openable window or other adequate exhaust ventilation.
<br />(h) Water supply
<br />(1) Performance requirement. The water supply shall be free from contamination.
<br />(2) Acceptability criteria. The unit shall be served by an approved public or private sanitary water supply.
<br />(i) Lead-based paint
<br />(1) Purpose and applicablity. The purpose of this paragraph is to implement the provisions of section 302 of the Lead-Based
<br />Paint Poisoning Prevention Act, 42 U.S.C. 4822, by establishing procedures to eliminate as far as practicable the hazards of
<br />lead-based paint poisoning with respect to existing housing units for which Requests For Lease Approval are made under this
<br />part. This paragraph is promulgated under the authorization granted in 24 CFR 35.24(b)(4) and supersedes, with respect to all
<br />housing to which it applies, the requirements prescribed by subpart C of 24 CFR part 35. The requirements of paragraph (i)(4) of
<br />this section are applicable to units for which initial inspection under Sec. 882.209(h)(1) or periodic inspection under Sec.
<br />882.211(b) is made on or after May 1, 1987. The requirements of this paragraph do not apply to 0-bedroom units. The
<br />requirements of subpart A of 24 CFR part 35 apply to all units constructed prior to 1978 covered by a Housing Assistance
<br />Payments
<br />Contract under this subpart.
<br />(2) Definitions--Applicable surface. All intact and nonintact interior and exterior painted surfaces of a residential structure.
<br />Chewable surface. All chewable protruding painted surfaces up to five feet from the floor or ground, which are readily
<br />accessible to children under seven years of age, e.g., protruding corners, windowsills and frames, doors and frames, and other
<br />protruding woodworks.
<br />Defective paint surface. Paint on applicable surfaces that is cracking, scaling, chipping, peeling or loose.
<br />Elevated blood lead level or EBL. Excessive absorption of lead, that is, a confirmed concentration of lead in whole blood of 25
<br />ug/dl (micrograms of lead per deciliter of whole blood) or greater.
<br />Lead-based paint. A paint surface, whether or not defective, identified as having a lead content greater than or equal to 1
<br />mg/cm121.
<br />(3) Defective paint. In the case of a unit, for a Family which includes a child under the age of seven years, which was
<br />constructed prior to 1978, the initial inspection under Sec. 882.209(h)(1), and each periodic inspection under Sec. 882.211(b),
<br />shall include an inspection for defective paint surfaces. If defective paint surfaces are found, treatment as required by 24 CFR
<br />35.24(b)(2)(ii) shall be required in accordance with Sec. 882.209(h) or Sec. 882.211(b)-(c), as appropriate. Correction of
<br />defective paint conditions discovered at periodic inspection shall be completed within 30 days of PHA notification to the Owner.
<br />When weather conditions prevent completion of repainting of exterior surfaces within the 30-day period, repainting may be
<br />delayed, but covering or removal of the defective paint must be completed within the prescribed period.
<br />(4) Chewable surfaces. In the case of a unit constructed prior to 1978, for a Family which includes a child under the age of
<br />seven years with an identified EBL condition, the initial inspection under Sec. 882.209(h)(1), or a periodic inspection under Sec.
<br />882.211(b), shall include a test for lead-based paint on chewable surfaces. Testing shall be conducted by a State or local health
<br />or housing agency, an inspector certified or regulated by a State or local health or housing agency or an organization recognized
<br />by HUD. Lead content shall be tested by using an X-ray fluorescence analyzer (XRF) or other method approved by HUD. Test
<br />readings of 1 mg/cm<SUP>2</SUP> or higher using an XRF shall be considered positive for presence of lead-based paint.
<br />Where lead-based paint on chewable surfaces is identified, covering or removal of the paint surface in accordance with 24 CFR
<br />35.24(b)(2)(ii) shall be required in accordance with Sec. 882.209(h) or Sec. 882.211 (b) and (c), as appropriate, and correction
<br />shall be completed within the time limits set forth in paragraph (i)(3) of this section.
<br />EXHIBIT 1
<br />25H-40
|