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CC - Item 4J - Approval Of Lead Remediation GuidelinesC P TO: HONORABLE MAYOR AND MEMBERS ROSEMEAD CITY COUNCIL FROM: BILL Cf CITY MANAGER DATE: MAY 28, 2002 SUBJECT: APPROVAL OF LEAD REMEDIATION GUIDELINES On September 15, 2000, new federal regulations took effect to help reduce the hazard of lead-based paint in the environment. These regulations affect programs offered by the City that are funded through HOME and the Community Development Block Grant (CDBG) programs. Specifically, these regulations affect the Residential Rehabilitation Program and the Home Purchase Program. In accordance with U.S. Department of Housing and Urban Development (HUD) implementation requirements, the City filed a Transition and Implementation Plan in order to implement the new requirements. 0 As part of those requirements, the City needs to implement lead remediation guidelines for properties that have tested positive for lead in areas where City- funded rehabilitation will take place. In the FY 2001-2002 budget and in the FY 2002-2003 budget, the City Council approved funding for a grant program for lead remediation. Staff has drafted lead grant guidelines for Council's consideration and approval. Main Features of Lead Grant Program • Must be participants in the City's CDBG-funded Residential Rehabilitation Program • Have lead-based paint in areas affected by the proposed rehabilitation as determined by the lead test/risk assessment Amount of grant can be up to $15,000 to remediate lead-based paint conditions as required by regulations L AGENDA JUN 112002 ITEM No. . ce LEAD REMEDIATION GRANT PROGRAM Grants are available to eligible residents of single family units who are participating in the City's Residential Rehabilitation Program, including grants, rebates, low interest loans and deferred loans. The grant must be used for lead remediation related to authorized work under the City's Residential Rehabilitation Program, as required by the September 30, 2000 lead regulations of the Department of Housing and Urban Development (HUD). The maximum grant is dependent on lead remediation required as determined by the combined lead test/risk assessment performed for the dwelling; however, total grant shall not exceed $15,000 per dwelling. Amount of grant shall also include any required relocation due to inaccessibility of required rooms. Any remediation and/or relocation over this amount shall be subject to analysis of cost benefit by staff and approval by the Rosemead City Council. All work must be approved in advance. No payment will be made for work begun prior to City authorization. L ELIGIBILITY Those applicants will be considered eligible if they are: • Owner occupants of single family residence • Applicants must be of legal age and have the capacity to competently enter into contractual or financial arrangements. • Are income eligible, i.e. are low to moderate income (see current income guidelines) • Have lead that requires remediation, as determined by the lead test/risk assessment Has been qualified to participate in one of the existing single family rehabilitation programs ll. ELIGIBLE ACTIVITIES Eligible activities include paint stabilization, interim controls and abatement, depending on level of financial investment in other rehabilitation programs, in accordance with HUD requirements (see attached table). See Residential Rehabilitation Program Guidelines for the list of eligible and ineligible activities and improvements under the existing programs. Y Lead Remediation, 1 Ill. PROCEDURES Applicant completes the Questionnaire and returns to Community Development. If applicant initially appears to be eligible, applicant is placed on a waiting list. When applicant comes to the top of the waiting list, the applicant is sent a full application package. Applicant must complete the application and return with required documentation of ownership, occupancy, income verification, etc. Information is reviewed and analyzed. If applicant is determined to be eligible, the Rehabilitation Specialist will prepare the work write-up and prepare property for combined lead testing/risk assessment. Once the test/risk assessment has been received and shows the presence of lead in areas to be rehabilitated, the final bid is prepared, incorporating required lead remediation. Where lead tests show positive for lead on windows, jambs and sashes, windows shall be replaced as appropriate with energy efficient double-pane windows that fit existing jambs. Strike surfaces (including sash/jamb) shall use appropriate abatement techniques, including encapsulation where appropriate. Where more cost effective, interior trim and doors that have lead paint may be replaced (e.g. encapsulate jamb and install block frame window to fit opening). The bid is approved by the owner participant. The project is then put out to bid. Once bids have been received, owner selects contractor. All work over $500.00 must be performed by a licensed, insured contractor. The Rehabilitation Specialist ensures that selected contractor provides all required information prior to beginning construction, including proper verification of contractor or subcontractor's license to perform lead remediation activities. Owner and contractor enter into owner-contractor agreement. Once all information is received and approved and contracts entered into, Rehabilitation Specialist issues Notice to Proceed. Construction begins within ten (10) days of issuance of Notice to Proceed. Disbursement of funds is done in accordance with City's standard policy. Final payment will be made after all permits are final, work is completed and releases are filed and 35-days after filing of Notice of Completion. Lead Remediation, 2 IV. GENERAL CONDITIONS The following general conditions apply to lead remediation and to residential rehabilitation programs: 1. As included in the Lead Paint Warning, the U.S. Department of Housing and Urban Development requires that the City advise applicant of the dangers of lead-based paint and note any incidence of lead-based paint during inspection. 2. In accordance with federal and state requirements, contractors must give disclosure pamphlet regarding lead to each home owner. 3. The participant shall not discriminate on the basis of sex, age, race, creed, color, class, national origin, ancestry, familial status or handicap in the sale, lease, rental, use, occupancy, and awarding of contract of the property to be rehabilitated with assistance of CDBG funds. 4. The participant shall permit inspections, by the City of Rosemead, of the property to be rehabilitated for compliance with the Building and Property Rehabilitation Standards of the City. The participant shall also permit all other inspections deemed necessary by the Department of Housing and Community Development/Building and Planning Division regarding the property and the remediation and rehabilitation work. 5. The participant shall assure that the remediation and rehabilitation work shall be carried out promptly and efficiently, through a written contract awarded after review by the Rehabilitation Coordinator. 6. The participant shall agree not to award any contract for remediation or rehabilitation work to be paid for in whole or in part with the proceeds of the rehabilitation loan or grant to any contractor who, at the time, does not meet standards of the Residential Rehabilitation Program as an eligible contractor. 7. The participant shall allow no member of the governing body of the City of Rosemead, who exercises any function or responsibility in connection with the administration of the Residential Rehabilitation Program, to have any interest, direct or indirect, in the proceeds of the program, or in any contract entered into by the participant for performance of work financed, in whole or in part, with the proceeds of the program. Lead Remediation, 3 8. The participant shall not pay any bonus, commission, or fee for the purpose of obtaining approval of participation in the program and/or of certifying that lead remediation has taken place. 9. Participant may select an approved contractor of their choice for competitive bidding. 10. For all remediation and rehabilitation work, excepting the Emergency Grant, participant and contractor shall use the City's standard contract form. 11. Contractor/subcontractor shall ensure that requirements of federal lead regulations, including Cal-EPA and HUD, are followed with respect to employing standardized remediation techniques. Where applicable, contractors/subcontractors will also comply with State law regarding lead abatement. 12. Contractor/subcontractor shall ensure that all Cal-OSHA and worker safety regulations are followed and maintained, including requirements for trigger tasks and air monitoring. 13. Contractor/subcontractor shall ensure that lead clearance testing shall be requested within the time frames required under the law, including the requirement that clearance testing will not take place until after at least one hour after construction is complete. 14. Contractor/subcontractor shall file an order of work with the City's Rehabilitation Specialist that shall ensure that relocation requirements are kept to a minimum and staged in such a way that the lead remediation does not unduly impact the participant family. I V. STEP BY STEP PROCEDURES 1. Homeowner contacts program 2. Homeowner completes Questionnaire and returns to Program. 3. Application is checked to see if applicant appears to qualify; if so, applicant is placed on waiting list. 4. When applicant comes to top of waiting list, applicant receives full application package. 5. Applicant completes package and returns it with proof of ownership, occupancy, income verification, etc. i Lead Remediation, 4 6. Application is reviewed and eligibility for participation is determined. 7. Staff sets up appointment for site inspection and work write-up. Staff sets appointment time for lead test/risk assessment. 8. Staff checks/documents existing code violations, otherwise eligible items and requested home improvements on work write-up. Staff incorporates results of lead test/risk assessment into work write-up. 9. Staff explains to homeowner which improvements are eligible and which are not. Prioritizes with homeowner work to be accomplished. 10. Staff makes a preliminary estimate as to whether or not the differences can be corrected within the Program's maximum dollar limitations. 11. Staff completes final work write-up. 12. Staff contacts applicant to review and approve work write-up, make necessary changes (within limits of Code Enforcement) and explains contractor selection procedures. 13. Homeowner approves work write-up prior to bid. 14. City forwards notice to bid to list of bidders with deadline for return of bid. 15. Bids are returned and ranked. Homeowner(s) selects contractor. 16. Bid proposal and Acceptance Form are completed by contractor and homeowner. 17. Contractor agreement is completed by contractor/homeowner. 18. Staff retains a copy of each completed form, including required signatures, in the case file. 19. Contractor/Homeowner must obtain Building and Planning Division approval if rehabilitation work involves significant alteration of present use of property or if it involves a room addition. 20. All documents are received by Staff, including plan for lead remediation and Notice to Proceed is issued 21. Construction begins. If lead remediation is completed during construction, clearance test is requested. If clearance is obtained, Lead Remediation, 5 move forward with balance of construction. If not, re-clean premises and obtain another clearance test until clearance is obtained. 22. Contractor paid in accordance with program requirements and City's disbursement system 23. Project complete. Contractor/subcontractor requests clearance test if necessary at end of project 24. Clearance test conducted. If ok, project is complete and Notice of Completion is filed. If clearance test fails, re-clean premises and request clearance test until clearance is obtained. 25. Final payment issued at end of 35-days of filing of Notice of Completion Lead Remediation, 6 HUD REQUIRED LEVELS OF REMEDIATION. Level of Assistance Level of Remediation $1 -$5,000 Paint Stabilization $5,001 - $25,000 Interim Controls $25,001+ Abatement of Surfaces HOUSEHOLD INCOME GUIDELINES, 2002 (80% MEDIAN INCOME) 1 person 2 persons 3 persons 4 persons 5 persons 6 persons 7 persons 8 persons 30,850, 35,250 39,650 44,100 47,600 51,150 54,650 58,200 *Includes incomes for all persons living in dwelling or with name on title, including retirement income, e.g. Social Security pension.