City of CDBG Housing Rehabilitation Programs Program Guidelines for Grants and Loans

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1 City of CDBG Housing Rehabilitation Programs Program Guidelines for Grants and Loans June 2016

2 CONTENTS Part 1. Energy Efficiency and Minor Home Repair Program (EEMR) Page 1 I. GRANT PROGRAM OVERVIEW 1 A. Source of Funds and Relationship with Grantor 1 B. Assistance Type 1 II. APPLICANT ELIGIBILITY REQUIREMENTS 1 A. Income Eligibility Standards Based on Household Size and Income 1 B. Property Ownership 2 C. Application Requirements 2 D. Applicant Priority and Wait List 2 III. PROPERTY ELIGIBILITY REQUIREMENTS 3 A. Eligible Properties 3 B. Minimum Property Rehabilitation Standards 3 C. Eligible and Ineligible Rehabilitation Activities 3 IV. PROGRAM PROCEDURES 5 A. Applicant Intake and Eligibility Determination 5 B. Property Inspection 5 C. Preparation of Work Write-Up 6 D. Choosing a Contractor 7 E. Grant Document Set-Up 7 F. Construction Procedures 7 G. Construction Management 8 H. Project Completion/Grant Pay-Out 8 Part 2. Housing Rehabilitation Loan Program (HRLP) Page 9 I. LOAN PROGRAM OVERVIEW 9 A. Source of Funds and Relationship with Grantor 9 B. Assistance Type 9 II. APPLICANT ELIGIBILITY REQUIREMENTS 10 A. Income Eligibility Standards Based on Household Size and Income 10 B. Property Ownership 10 C. Application Requirements 10 D. Applicant Priority and Wait List 11 III. PROPERTY ELIGIBILITY REQUIREMENTS 11 A. Eligible Properties 11 B. Minimum Property Rehabilitation Standards 11 C. Eligible and Ineligible Rehabilitation Activities 11 IV. PROGRAM PROCEDURES 13 A. Applicant Intake and Eligibility Determination 13 B. Property Inspection 13 C. Preparation of Work Write-Up 14 D. Choosing a Contractor 15 E. Loan Review Committee Approval 15 F. Loan Document Set-Up 15 G. Construction Procedures 16 i C o n t e n t s

3 H. Construction Management 16 I. Project Completion/Loan Pay-Out 17 J. Loan Re-payment Structure 17 Part 3. Disclosures Page 18 I. AFFIRMATIVE MARKETING PROCEDURES 18 II. EQUAL OPPORTUNITY 18 III. FAIR HOUSING 18 IV. LEAD-BASED PAINT 18 V. DEBARTMENT AND SUSPENSION 18 VI. FLOOD INSURANCE 18 VII. DISCLAIMER 19 Appendices Page Appendix A Income Limits 20 ii C o n t e n t s

4 Part 1. ENERGY EFFICIENCY AND MINOR HOME REPAIR PROGRAM (EEMR) I. GRANT PROGRAM OVERVIEW The purpose of the City of Hesperia s (City) Community Development Block Grant (CDBG) Owner- Occupied Energy Efficiency and Minor Home Repair (EEMR) program is to assist homeowners of singlefamily residences make improvements to their home to increase energy and water efficiency in addition to eligible minor home repairs. Grants (not loans) shall be given to eligible owner-occupied households that meet the low to moderate income requirements as defined by the U.S. Department of Housing and Urban Development s (HUD) published Income Limits for San Bernardino County. A. Source of Funds and Relationship with Grantor The EEMR program is funded by the City s CDBG Program provided through HUD, and as such, applicants must meet certain federal requirements to participate in the program. The City must demonstrate that CDBG funds used for this program benefit low- and moderate-income households, assist in reducing energy usage and/or improve water efficiency and also make minor home repairs to improve the City s housing stock. The City, as a disbursing agent for these funds, provides the administrative services for housing rehabilitation activities. As such, the City is responsible for marketing the EEMR program, performing on-site inspections, and acting as a quality agent relative to EEMR program activity. The City is obligated to fulfill the terms and conditions of Federal and local rules and regulations. B. Assistance Type Subject to funding availability, the EEMR program shall provide a grant of up to $6,000 for the combined energy efficiency and minor home repairs. There is a lifetime limit of one (1) EEMR program grant per eligible homeowner. In the event the applicants need exceed the grant limit, the City also offers a Housing Rehabilitation Loan Program (HRLP). Applicants for the HRLP will have to meet additional qualifications, deed restrictions and maintenance covenants. CDBG funds will be used to pay for actual construction costs and eligible project soft costs. The actual amount of the grant will be determined by the City approved construction cost associated with the EEMR program improvements. II. APPLICANT ELIGIBILITY REQUIREMENTS A. Income Eligibility Standards Based on Household Size and Income The City requires that all households participating in the EEMR program meet specific income limits as determined by HUD, based upon household size. For reference, the current HUD published income limits, by household size, for San Bernardino County are provided as Appendix A of this document. EEMR program households must have incomes that do not exceed 80% of the AMI (Area Median Income), as adjusted for household size, and be single-family owner-occupied residences located within the City. Annual income is the gross amount of income that is anticipated to be received by all adult household members, 18 years of age and older for the upcoming 12 month period. 1 P a g e

5 Definition of Household: For the purposes of determining EEMR program eligibility, household is defined as all the people who occupy the residence. A household includes the related family members and all the unrelated people, if any, such as lodgers, foster children, wards, or employees who share the residence. A person living alone in a residence, or a group of unrelated people sharing a residence such as partners or roomers, is also counted as a household. Income shall be verified utilizing the third-party verification format and other such methods as necessary. Income eligibility will be based on Part 5 (Section 8) income determination as defined by HUD under 24 CFR Definitions Income. For all households applying for the EEMR program, all persons on title are considered household members for the purpose of determining income eligibility. B. Property Ownership The applicant(s) must be the current owner(s) of the property and live on the property to be rehabilitated as their principal place of residence, in order to be eligible for EEMR program assistance. The existing grant deed or deed of trust must list all current owners of the property. Property owners shall be construed to be any person(s) or legal entity that holds title to the property being rehabilitated. If there are multiple owners, the signature of each title holder is required on all appropriate documents. The City will verify property ownership and require all persons currently on title to give written consent to all work proposed to be done on the property, prior to contracting or initiating such work. C. Application Requirements An application for participation in the EEMR program may be obtained from and returned to Hesperia City Hall, located at 9700 Seventh Avenue, Hesperia, CA The application must be completed in its entirety and submitted together with the following documentation: 1. City Application with all sections completed, signed and dated. 2. Verification of all household income which will include, but is not limited to, applicant s three (3) most recent pay stubs and the two most recent complete signed Federal Income Tax Returns, (if filed), and three (3) most recent bank statements. 3. Proof of ownership of the single-family residence (Grant Deed or Deed of Trust and Property Tax Bill) 4. Copy of current Homeowner s Insurance Policy 5. Copy of Mortgage Statement 6. Proof of residency at the applicant s residence (Utility Bill other than Water) 7. Valid Photo Identification Card for each applicant 8. A prioritized and itemized list of the construction work requested to be performed 9. Additional items requested by the City. D. Applicant Priority and Wait List Upon receipt of an EEMR program application, staff will date stamp and review in order of submittal. Each applicant s name will be added to a list of eligible projects in order of receipt. Those applicants who submit all requested documents with the City in the shortest time frame will have the highest priority for assistance. 2 P a g e

6 III. PROPERTY ELIGIBILITY REQUIREMENTS A. Eligible Properties Properties eligible for the EEMR program shall be owner-occupied single family residences located within the City limits of Hesperia. Participating properties must be the principal residence of the owner. Mobile/Manufactured homes are accepted through the EEMR program as long as the occupant is the owner. Single Family : refers to properties of 1 to 4 units. For all assisted three (3) and four unit properties, at the time of funding, the income of 51% of all tenant households shall not exceed 80% of area median income adjusted for household size. In accordance with the California Environmental Quality Act (CEQA) Guidelines and the National Environmental Policy Act (NEPA) and 24 CFR Part 58 of the Federal regulations, all Cities receiving CDBG funds is legally responsible for complying with CEQA and NEPA environmental reviews prior to funding any loan or grant. If any property doesn t pass the environmental review then the property will be deemed ineligible and no funding will occur. B. Minimum Property Rehabilitation Standards CDBG funds will be provided so that all building code deficiencies and situations that threaten the health and safety of residents are addressed first prior to addressing any other rehabilitation work, subject to program funding limits. This includes testing for the presence of lead-based paint in pre construction, and performing appropriate repairs and clearance of detected lead-based paint as a component of the rehabilitation. C. Eligible and Ineligible Rehabilitation Activities 1. Eligible Hard Costs Program funds are available for rehabilitation costs to the property that correct substandard conditions, and which are physically attached to the property and permanent in nature, as follows: a. Cost effective energy conservation measures, including refrigerator coil brush, energy monitor, water pipe insulation sizing samples, compact fluorescent bulb, and low-flow faucet aerators; b. Cost effective water conservation measures, including kitchen and bathroom aerators, garden trigger spray nozzle, low-flow shower hear and a leak detector for the toilet; c. Residential energy audit to help assess how much energy your home uses and to evaluate what measures are needed to help improve energy efficiency; d. Residential water conservation audit includes indoor and outdoor leak detection and repair or replacement recommendations and water conservation information; e. Energy Star qualified programmable thermostats, where a non-rated thermostat exists; f. Energy efficiency LED or fluorescent lights (only in locations already existing eg.: recessed ceiling mount can lighting fixtures); g. Forced Air Units (FAU) and (Heating, Ventilating, and Air Conditioning (HVAC) duct repair and sealing; h. Lead-based paint testing, project based remediation and clearance, when required based on the proposed scope of work; 3 P a g e

7 i. High efficiency toilets; j. Caulking around plumbing penetrations, windows and exterior and interior door frames (openings); k. Weather stripping around doors and windows; l. Dual-flush toilet converters that turns standard toilets into dual flush fixtures with a split handle actuator designed to help reduce water usage; m. Energy Star rated gas (tank or tank-less) water heaters or furnaces; n. Fumigation and treatment of termites and pest control. Repair or replacement of wood damaged as a result of termites. o. Exterior work to help preserve or protect structures such as painting, roofing, siding, or grading of site to control flooding, skirting, re-leveling, bracing, repair/replacement of screens/windows, doors and door locks, structural and/or foundation damage and repair of driveways. Repair of fencing (wood, cinder block or chain-link). Fence and driveway repairs shall be permitted ONLY after all structural improvements have been completed pending project funding availability. If non-habitable portions of the property are repaired the cost allocation will be limited to a total of twenty-five percent (25%) of the total project cost. p. Interior work to make a structure more livable and repair/replace/restore important parts such as cabinets, counters, plumbing, damaged flooring, faulty or inadequate heating/cooling systems, inoperable built-in appliances, damaged ceilings, water heaters, electrical wiring and service. q. Weatherization and energy conservation items such as insulation, caulking, weatherstripping and window coverings, energy saving windows, low-flow water closets and water supply fixtures. r. Modifications which aid the mobility of the elderly and physically disabled such as shower units with seats, faucet lever hardware, retrofitting toilets to achieve adequate height, moving power points and light switches, grab bars, handrails, ramping, reconstructing doorways and the lowering of sinks in kitchen and bathrooms. 2. Eligible Soft Costs and Activity Delivery Costs Other reasonable and necessary costs incurred and associated with the rehabilitation of housing assisted with CDBG funds. These costs include, but are not limited to: a. Project-related professional services including architectural, engineering or related services required to prepare plans, drawings, inspections, specifications, or work write-ups. b. Materials used for the EEMR program shall conform to the specifications designed by staff and Construction Manager. If the owner-applicant does not approve of the materials to be used, the affected construction shall be deleted in its entirety. c. Exterior and interior abatement/treatment of lead-based paint hazards. d. Site Preparation e. On-site improvements to the project site that are in keeping with improvements of surrounding, standard projects, like off-street parking if generally provided in similar buildings, landscaping, fencing and ground cover. f. Costs to demolish existing non-compliant structures. 4 P a g e

8 3. Ineligible Costs Ineligible improvements include the following: a. Repair, purchase or installation of household appliances, which are designed and manufactured to be freestanding. b. Recreational items such as barbecues, bathhouses, greenhouses, spas, jacuzzis, swimming pools, saunas, television antennae, tennis courts. c. Luxury items such as dumbwaiters, kennels, murals, flower boxes, awnings, patios, decks and storage sheds/workshops. d. Materials, fixtures, and installations which are considered luxury in nature. e. Any repairs which in the determination of the City do not meet the intent of the EEMR program. f. Refinancing existing debt. g. Reimbursement for an owner s personal labor. h. New construction. i. Improvements to security systems or devices. j. Landscaping IV. PROGRAM PROCEDURES A. Applicant Intake and Eligibility Determination 1. Application a. Persons may apply for the EEMR program by submitting a completed application to the City of Hesperia. Completed applications are processed on a first-come, first-served basis. b. If an emergency condition exists, an applicant may be advanced before other applicants, at the discretion of the City. The determination of an emergency will be made on a case-bycase basis by the City. 2. Verification and Eligibility Determination The City shall verify all sources of income in accordance with guidelines established by HUD. Household income and size must be verified before applicant eligibility can be established. Income verification information shall be current and re-certification must occur if eligibility was established more than six (6) months prior to the beginning of rehabilitation. After applicant(s) application has been approved, a letter will be sent notifying them of their status. B. Property Inspection The City s Construction Manager will conduct the property inspection with the Property Owner, or the owner s designated adult representative. The inspection will include: 1. Interview with the property owner, or owner s representative, to identify known problems. 2. Walk through of the property with a checklist, provided by the owner, pointing out recommended improvements. 3. Completion of a deficiency list (form). 5 P a g e

9 C. Preparation of Work Write-Up 1. Construction Manager, in conjunction with owner input, will be responsible for inspecting the property to identify violations of health, safety, and building codes. Such repairs may include but are not limited to leaking roofs, non-functioning water heater replacement, heating/air conditioning repairs, defunct smoke detectors, installation of carbon monoxide detectors, repairing improperly installed water heaters, and minor electrical repair. 2. Construction Manager will prepare a detailed work write-up (specifications) that addresses all violations of health, safety, and building codes, and provides (for properties constructed before 1978) for testing and abatement/removal of lead-based paint (if necessary) and lead-based paint clearance, and identifies any other rehabilitation efforts to be conducted. 3. Construction Manager will contact an environmental testing firm, transmit a copy of the proposed work-write up indicating the maximum amount of federal funds to be expended, and arrange for an inspection of the site. 4. Upon receipt of the lead-based paint risk assessment, the Construction Manager will review the results and incorporate appropriate corrective measures for lead containing materials into the work write-up, including the requirements for persons conducting any lead abatement or removal. The Construction Manager will also forward a copy of the lead-based paint risk assessment to the homeowner with appropriate cover letter. 5. Construction Manager will file the completed deficiency list; work write-up and cost estimate with a "cover history page" that notes dates of inspection, persons in attendance at walk through and any special circumstances. Repairs will be done in order of their priority to correct any health, safety or building code violations identified by the Construction Manager, subject to program funding limits. 6. For properties that are deemed eligible, program staff will prepare four (4) bid packages (three (3) bid sets and one (1) owner file copy) with contractor bidding instructions and requirements, for use by the homeowner in obtaining bids. Where lead-based paint is present on the property, a copy of the lead-based paint risk assessment shall also be attached to the work write-up. Bidding Instruction shall include the bid submission process, contractor s insurance requirements, permit responsibilities, payment procedures, procedure for any substitution of specified work scope fixtures or materials, contracting requirements, certification and licensing requirements and a short summary of construction expectations. 7. If the property is not suitable for rehab (no violations or rehab is too extensive) or if the owner drops out, a termination letter will be prepared by City staff. 8. Any contractor with lapsed insurance or contractor s license shall be removed from the job until he/she is able to provide proof of current insurance and/or license. All contractors shall be required to obtain any required approvals, City business license and building permits prior to commencing work. 6 P a g e

10 9. Ineligible Contractors. In accordance with HUD requirements, and the City guidelines, the City and the applicant(s) shall agree not to award any contract for rehabilitation work, to be paid for in whole or in part with proceeds from any CDBG grant, to any contractor who is not a California licensed contractor, who cannot produce sufficient evidence of current Workman s Compensation and Liability Insurance Coverage, or who is federally debarred through verification on the General Services Administration (GSA) Systems for Award Management ( or on the City s list of unreliable or irresponsible contractors. D. Choosing a Contractor 1. Procurement. The property owner(s) shall be responsible to put forth good faith effort into obtaining a minimum of three (3) bids for the proposed work. Owners should screen any contractors who are providing bids on the work. Estimates shall be submitted in the form prescribed by the Construction Manager to the applicant. The scope of work must be identical among the contractors who bid the work. 2. Selection. In accordance with CDBG regulations, the contractor who is considered to be the lowest responsive and responsible bidder and is cleared by both the General Services Administration (GSA) System for Award Management (SAM) and the State of California Contractors State License Board (CSLB) will be awarded the contract. E. Grant Document Set-Up When work bid proposals are complete, grant approval obtained, and the bid awarded with notifications going to the awarded contractor and non-awarded contractors, the City shall present each eligible applicant with the following standard Grant Document items: 1. Fair Lending 2. Construction Contract (between Owner and Contractor) 3. Truth In Lending Disclosure 4. Additional items may be requested All program legal documents shall be approved as to form by the City Attorney prior to their use. Upon grant approval and execution of the construction contract between the homeowner and the contractor, funds shall be placed into a disbursement account. City staff will issue a Notice to Proceed to the homeowner, contractor and construction manager. F. Construction Procedures Upon contractor selection and full execution of individual Rehabilitation Agreements by the affected property owners (which shall list work as described in the bid specifications), staff will issue a Notice to Proceed. At that time, the contractor will carry out the required work under the supervision of the homeowner. Work shall commence no later than ten (10) days following the 3 day Right of Rescission and be completed no more than thirty (30) days after the start date. Property owners and staff shall release program proceeds in accordance with the Construction Contract. For each payment request received, the Construction Manager shall perform a physical inspection of the property to determine that the work for which payment is being requested is 7 P a g e

11 completed properly. Documentation of the inspection and a signed approval by the Construction Manager and owner specifying the work performed shall be placed in the project file. Individual rehabilitation projects will be closed subsequent to Building Department staff approval of the work performed. If a permit is required, the City s Building and Safety Department must issue final approval on the permit job card. The approved job card must be provided to the Construction Manager. If no permit was required, the Construction Manager shall attest to the completion of all requirements of the construction agreement. G. Construction Management The Construction Manager shall be responsible for conducting initial, interim, and final inspections for participating properties. The Construction Manager will also assume responsibility for determining cost reasonableness based upon market data and published construction cost guidelines. The Construction Manager shall determine initial areas where health, safety, building, city, and other codes must be addressed and will monitor progress in correcting these deficiencies. The Construction Manager shall identify all rehabilitation activities to be conducted and shall create a work-write up which addresses health and safety concerns, code violations and rehabilitation activities, lead-based paint testing and removal/abatement, if necessary, while excluding all ineligible costs. The Construction Manager shall conduct all interim progress inspections to ensure the continued quality of all construction, including adherence to the scope of work and all building codes. All such inspections shall be conducted prior to the release of any progress payments (if applicable). Photographs will be taken before, during and upon completion of all eligible construction items as per the project bid specifications being funded by the City through its EEMR. H. Project Completion/Grant Pay-Out The contractor shall submit a payment request packet to the Construction Manager upon completion of the Scope of Work. All requests must be signed by the contractor, homeowner and Construction Manager, verifying that all work has been completed satisfactorily. All invoices, mechanic s lien releases, certifications, copies of applicable permits and job cards, warranties and a Notice of Completion shall be attached to the payment request. All checks issued by the City for eligible work performed in connection with the EEMR will be made payable to the contractor. The Construction Manager will submit all payment packets to the City for approval and processing. A maximum of two progress payments, minus ten percent retention may be submitted. The final payment for the 10% retention shall be paid 35 days after the Notice of Completion is recorded. 8 P a g e

12 PART 2. HOUSING REHABILITATION LOAN PROGRAM (HRLP) I. LOAN PROGRAM OVERVIEW The purpose of the City of Hesperia s (City) Community Development Block Grant (CDBG) Owner- Occupied Housing Rehabilitation Loan Program (HRLP) is to assist homeowners of single-family residences make improvements to their home. HRLP Loans and grants from the EEMR program shall be given to owner-occupied households that are of low- to moderate-income as defined by the U.S. Department of Housing and Urban Development (HUD) published Income Limits for San Bernardino County. These funds can be used in combination with the City s EEMR grant program. A. Source of Funds and Relationship with Grantor The HRLP is funded by the City s CDBG Program provided through HUD, and as such, applicants must meet certain federal requirements to participate in the program. The City must demonstrate that CDBG funds used for this program benefit low- and moderate-income persons, and makes eligible improvements to the City s housing stock. The City, as a disbursing agent for these funds, provides the administrative services for housing rehabilitation activities. As such, the City is responsible for marketing the HRLP, performing on-site inspections, and acting as a quality agent relative to HRLP activity. The City is obligated to fulfill the terms and conditions of Federal and local rules and regulations. B. Assistance Type Subject to funding availability, the HRLP shall provide a loan of up to $30,000 for eligible improvements. In addition, applicants may also combine the HRLP loan with the City s $6,000 grant through the EEMR program for energy efficiency and minor home repairs for a combined $36,000 maximum rehabilitation cost. The HRLP has a minimum loan amount of $5,000 in order to qualify. Loans are deferred and accrue zero percent (0%) interest. HRLP loans are due at the sooner of the expiration of their maturity date (see Loan Repayment Structure table on Part 2, Section IV.J), upon any sale of property, transfer of title, or a cash-out refinance. There is a limit of one HRLP and EEMR per eligible homeowner. CDBG funds will be used to pay for actual construction costs and eligible project soft costs. Actual amounts of the loans will be determined by the City approved construction costs associated with the HRLP improvements. The maximum allowable loan to value ratio for all indebtedness on the properties to be assisted is 95% of the pre-rehabilitation appraised value of the property, inclusive of all City liens. The maximum secured lien is $30,000 and maximum total project cost is $36,000 (inclusive of EEMR program funds). All HRLP loans are presented to the Loan Review Committee (LRC) to approve the loan request based on governing regulations, program guidelines, contractor eligibility and overall intent of the program. If choosing to appeal the decision of the LRC it must be made within thirty (30) days of denial. Appeals are to be made in writing, addressed to the City Manager. 9 P a g e

13 II. APPLICANT ELIGIBILITY REQUIREMENTS A. Income Eligibility Standards Based on Household Size and Income The City requires that all households participating in the HRLP meet specific income limits as determined by HUD, based upon household size. For reference, the current HUD published income limits, by household size, for San Bernardino County are provided as Appendix A of this document. HRLP households must have incomes that do not exceed 80% of the AMI (Area Median Income), as adjusted for household size and be a single-family owner-occupied residence located within the City. Annual income is the gross amount of income that is anticipated to be received by all adult household members, 18 years of age and older for the upcoming 12 month period. Definition of Household: For the purposes of determining HRLP eligibility, household is defined as all the people who occupy the residence. A household includes the related family members and all the unrelated people, if any, such as lodgers, foster children, wards, or employees who share the residence. A person living alone in a residence, or a group of unrelated people sharing a residence such as partners or roomers, is also counted as a household. Income shall be verified utilizing the third-party verification format and other such methods as necessary. Income eligibility will be based on Part 5 (Section 8) income determination as defined by HUD under 24 CFR Definitions Income. For all households applying for the HRLP, all persons on title are considered household members for the purpose of determining income eligibility. B. Property Ownership The applicant(s) must be the current owner(s) of the property and live on the property to be rehabilitated as their principal place of residence, in order to be eligible for HRLP assistance. The existing grant deed or deed of trust must list all current owners of the property. Property owners shall be construed to be any person(s) or legal entity that holds title to the property being rehabilitated. If there are multiple owners, the signature of each title holder is required on all appropriate documents. The City will verify property ownership and require all persons currently on title to give written consent to all work proposed to be done on the property, prior to contracting or initiating such work. C. Application Requirements An application for participation in the HRLP may be obtained from and returned to Hesperia City Hall, located at 9700 Seventh Avenue, Hesperia, CA The application must be completed in its entirety and submitted together with the following documentation: 1. City Application with all sections completed, signed and dated. 2. Verification of all household income which will include, but is not limited to, applicant s three (3) most recent pay stubs and the two most recent complete signed Federal Income Tax Returns, (if filed), and three (3) most recent bank statements. 3. Proof of ownership of the single-family residence (Grant Deed or Deed of Trust and Property 10 P a g e

14 Tax Bill) 4. Copy of current Homeowner s Insurance Policy 5. Copy of Mortgage Statement 6. Proof of residency at the applicant s residence (Utility Bill other than Water) 7. Valid Photo Identification Card for each applicant 8. A prioritized and itemized list of the construction work requested to be performed 9. Additional items requested by the City. D. Applicant Priority and Wait List Upon receipt of an HRLP application, staff will date stamp and review in order of submittal. Each applicant s name will be added to a list of eligible projects in order of receipt. Those applicants who submit all requested documents with the City in the shortest time frame will have the highest priority for assistance. III. PROPERTY ELIGIBILITY REQUIREMENTS A. Eligible Properties Properties eligible for the HRLP shall be owner-occupied single family residences located within the City limits of Hesperia. Participating properties must be the principal residence of the owner. Mobile homes are not accepted through the HRLP and manufactured homes must be permanently affixed to the property to be eligible. Single Family refers to properties of 1 to 4 units. For all assisted three (3) and four unit properties, at the time of funding, the income of 51% of all tenant households shall not exceed 80% of area median income adjusted for household size. In accordance with the California Environmental Quality Act (CEQA) Guidelines and the National Environmental Policy Act (NEPA) and 24 CFR Part 58 of the Federal regulations, all Cities receiving CDBG funds is legally responsible for complying with CEQA and NEPA environmental reviews prior to funding any loan or grant. If any property doesn t pass the environmental review then the property will be deemed ineligible and no funding will occur. B. Minimum Property Rehabilitation Standards CDBG funds will be provided so that all building code deficiencies and situations that threaten the health and safety of residents are addressed first prior to addressing any other rehabilitation work, subject to program funding limits. This includes testing for the presence of lead-based paint in pre-1978 construction, and performing appropriate repairs and clearance of detected lead-based paint as a component of the rehabilitation. C. Eligible and Ineligible Rehabilitation Activities 1. Eligible Hard Costs Program funds are available for rehabilitation costs to the property that correct substandard conditions, and which are physically attached to the property and permanent in nature, as follows: a. Repairs that remedy existing nonconforming uses such as garage conversions, additions, etc. (Includes code related and most Red-tag items by public utility companies in order to 11 P a g e

15 bring the property to compliance and/or original state. Please note, work on illegal conversions will not be allowed under the HRLP.) b. Repair or replacement of Septic System ONLY where sewer lines are NOT available. In instances where sewer lines are available; the mandatory conversion from Septic system to sewer line hookup (including all VVWRA fees). c. Fumigation and treatment of termites and pest control. In addition, repair/replacement of damaged wood will be eligible. d. Exterior work to help preserve or protect structures such as painting, roofing, siding, landscaping, grading of site to control flooding, repair/replacement of screens/windows, doors and door locks, structural and/or foundation damage, repair of walkways and driveway(s) concrete replacement, repair of fencing (wood, cinder block or chain-link) and replacement sections of wood or chain-link. Fence and driveway repair/replacement shall be permitted ONLY after all structural improvements and all Health and Safety requirements have been addressed provided the availability of project funds. e. Interior work to make a structure more livable and repair/replace/restore important parts such as cabinets, counters, plumbing, damaged flooring, faulty or inadequate heating/cooling systems, inoperable built-in appliances, damaged ceilings, water heaters, electrical wiring and service. f. Weatherization and energy conservation items such as insulation, caulking, and weatherstripping. g. Modifications which aid the mobility of the elderly and physically disabled such as shower units with seats, faucet lever hardware, retrofitting toilets to achieve adequate height, moving power points and light switches, grab bars, handrails, ramping, reconstructing doorways and the lowering of sinks in kitchen and bathrooms. h. Exterior and interior including testing and abatement of lead-based paint hazards, please note testing costs are considered soft costs. i. Exterior and interior including testing and abatement and remediation of asbestos, please note testing costs are considered soft costs. j. General Property Improvements (i.e. improvements or repairs not related to the habitable portion of the property) are limited to 20% of total construction cost. 2. Eligible Soft Costs and Activity Delivery Costs Other reasonable and necessary costs incurred and associated with the financing, or rehabilitation of housing assisted with CDBG funds. These costs include, but are not limited to: a. Project-related professional services including architectural, engineering or related services required to prepare plans, drawings, inspections, specifications, or work write-ups. b. Materials used for the HRLP shall conform to the specifications designed by staff and Construction Manager. If the owner-applicant does not approve of the materials to be used, the affected construction shall be deleted in its entirety. c. Exterior and interior abatement/treatment of lead-based paint hazards. d. Site Preparation e. On-site improvements to the project site that are in keeping with improvements of surrounding, standard projects, like off-street parking if generally provided in similar buildings, landscaping, fencing and ground cover. f. Costs to demolish existing non-compliant structures. 12 P a g e

16 3. Ineligible Costs Ineligible improvements include the following: a. Repair, purchase or installation of household appliances, which are designed and manufactured to be freestanding. b. Recreational items such as barbecues, bathhouses, greenhouses, spas, jacuzzis, swimming pools, saunas, television antennae, tennis courts. c. Luxury items such as dumbwaiters, kennels, murals, flower boxes, awnings, patios, decks and storage sheds/workshops. d. Materials, fixtures, and installations which are considered luxury in nature. e. Any repairs which in the determination of the City do not meet the intent of the HRLP. f. Refinancing existing debt. g. Reimbursement for an owner s personal labor. h. New construction. i. Improvements to security systems or devices. j. Landscaping IV. PROGRAM PROCEDURES A. Applicant Intake and Eligibility Determination 1. Application a. Persons may apply for the HRLP by submitting a completed application to the City of Hesperia. Completed applications are processed on a first-come, first-served basis. b. If an emergency condition exists, an applicant may be advanced before other applicants, at the discretion of the City. The determination of an emergency will be made on a case-bycase basis by the City. 2. Verification and Eligibility Determination The City shall verify all sources of income in accordance with guidelines established by HUD. Household income and size must be verified before applicant s income eligibility can be established. Income verification information shall be current and re-certification must occur if eligibility was established more than six (6) months prior to the beginning of rehabilitation. After applicant(s) income has been verified and meets guideline standards, the City shall order an appraisal and a Policy of Insurance of Record Title (PIRT) to verify property eligibility prior to moving on to the property inspection. B. Property Inspection The City s Construction Manager will conduct the property inspection with the Property Owner, or the owner s designated adult representative. The inspection will include: 1. Interview with the property owner, or owner s representative, to identify known problems. 2. Walk through of the property with a checklist, provided by the owner, pointing out recommended improvements. 3. Completion of a deficiency list (form). 13 P a g e

17 C. Preparation of Work Write-Up 1. Construction Manager, in conjunction with owner input, will be responsible for inspecting the property to identify violations of health, safety, and building codes. Such repairs may include but are not limited to leaking roofs, non-functioning water heater replacement, heating/air conditioning repairs, defunct smoke detectors, installation of carbon monoxide detectors, repairing improperly installed water heaters, and minor electrical repair. 2. Construction Manager will prepare a detailed work write-up (specifications) that addresses violations of health, safety, and building codes, and provides (for properties constructed before 1978) for testing and abatement/removal of lead-based paint (if necessary) and lead-based paint clearance, and identifies any other rehabilitation efforts to be conducted. 3. Construction Manager will contact an environmental testing firm, transmit a copy of the proposed work-write up indicating the maximum amount of federal funds to be expended, and arrange for an inspection of the site. 4. Upon receipt of the lead-based paint risk assessment, the Construction Manager will review the results and incorporate appropriate corrective measures for lead containing materials into the work write-up, including the requirements for persons conducting any lead abatement or removal. The Construction Manager will also forward a copy of the lead-based paint risk assessment to the homeowner with appropriate cover letter. 5. Construction Manager will file the completed deficiency list; work write-up and cost estimate with a "cover history page" that notes dates of inspection, persons in attendance at walk through and any special circumstances. Repairs will be done in order of their priority to correct any health, safety or building code violations identified by the Construction Manager, subject to program funding limits. 6. For properties that are deemed eligible, program staff will prepare four (4) bid packages (three (3) bid sets and one (1) owner file copy) with contractor bidding instructions and requirements, for use by the homeowner in obtaining bids. Where lead-based paint is present on the property, a copy of the lead-based paint risk assessment shall also be attached to the work write-up. Bidding Instruction shall include the bid submission process, contractor s insurance requirements, permit responsibilities, payment procedures, procedure for any substitution of specified work scope fixtures or materials, contracting requirements, certification and licensing requirements and a short summary of construction expectations. 7. If the property is not suitable for rehab (no violations or rehab is too extensive) or if the owner drops out, a termination letter will be prepared by City staff. 8. Any contractor with lapsed insurance or contractor s license shall be removed from the job until he/she is able to provide proof of current insurance and/or license. All contractors shall be required to obtain any required approvals, City business license and building permits prior to commencing work. 14 P a g e

18 9. Ineligible Contractors. In accordance with HUD requirements, and the City guidelines, the City and the applicant(s) shall agree not to award any contract for rehabilitation work, to be paid for in whole or in part with proceeds from any CDBG grant, to any contractor who is not a California licensed contractor, who cannot produce sufficient evidence of current Workman s Compensation and Liability Insurance Coverage, or who is federally debarred through verification on the General Services Administration (GSA) Systems for Award Management ( or on the City s list of unreliable or irresponsible contractors. D. Choosing a Contractor 1. Procurement. The property owner(s) shall be responsible to put forth good faith effort into obtaining a minimum of three (3) bids for the proposed work. Owners should screen any contractors who are providing bids on the work. Estimates shall be submitted in the form prescribed by the Construction Manager to the applicant. The scope of work must be identical among the contractors who bid the work. 2. Selection. In accordance with CDBG regulations, the contractor who is considered to be the lowest responsive and responsible bidder and is cleared by both the General Services Administration (GSA) System for Award Management (SAM) and the State of California Contractors State License Board (CSLB) will be awarded the contract. The City requires One Million ($1M) in minimum coverage in the areas of General Liability, Automotive, Workers Compensation and Errors and Omissions Liability Insurance. Certificates must be supplied with the bids to the homeowner and the City of Hesperia must be listed as an Additionally Insured and Certificate Holder. E. Loan Review Committee Approval 1. Loan Review Committee Composition The Loan Review Committee (LRC) consists of three (3) City staff eligible to approve a loan based on Health & Safety regulations, program guidelines and contractor eligibility. 2. LRC staff will review the following to ensure compliance with program guidelines: a. Property eligibility b. Household Size and Income c. Scope of Work d. Contractor Insurance/License Eligibility All decisions of the LRC will be final and not subject to appeal. The LRC s decision will be sent to the applicant(s) in writing. If denied, a written explanation will be provided. F. Loan Document Set-Up When work bid proposals are complete, loan approval obtained, and the bid awarded with notifications going to the awarded contractor and non-awarded contractors, the City shall present each eligible applicant with the following standard Loan Document items: 15 P a g e

19 1. Fair Lending 2. Construction Contract (between Owner and Contractor) 3. Right of Rescission 4. Truth in Lending Disclosure 5. Promissory Note 6. Deed of Trust 7. Additional items may be requested All program legal documents shall be approved as to form by the City Attorney prior to their use. Upon loan approval and execution of the construction contract between the homeowner and the contractor, funds shall be placed into a disbursement account. City Staff will issue a Notice to Proceed to the homeowner, contractor and Construction Manager. G. Construction Procedures Upon contractor selection and full execution of individual Rehabilitation Agreements by the affected property owners (which shall list work as described in the bid specifications), staff will issue a Notice to Proceed. At that time, the contractor will carry out the required work under the supervision of the homeowner. Work shall commence no later than ten (10) days following the 3 day Right of Rescission and be completed no more than thirty (30) days after the start date. Property owners and staff shall release program proceeds in accordance with the Construction Contract. For each payment request received, the Construction Manager shall perform a physical inspection of the property to determine that the work for which payment is being requested is completed properly. Documentation of the inspection and a signed approval by the Construction Manager and owner specifying the work performed shall be placed in the project file. Individual rehabilitation projects will be closed subsequent to Building Department staff approval of the work performed. If a permit is required, the City s Building and Safety Department must issue final approval on the permit job card. The approved job card must be provided to the Construction Manager. If no permit was required, the Construction Manager shall attest to the completion of all requirements of the construction agreement. H. Construction Management The Construction Manager shall be responsible for conducting initial, interim, and final inspections for participating properties. The Construction Manager will also assume responsibility for determining cost reasonableness based upon market data and published construction cost guidelines. The Construction Manager shall determine initial areas where health, safety, building, city, and other codes must be addressed and will monitor progress in correcting these deficiencies. The Construction Manager shall identify all rehabilitation activities to be conducted and shall create a work-write up which addresses health and safety concerns, code violations and rehabilitation activities, lead-based paint testing and removal/abatement, if necessary, while excluding all ineligible costs. 16 P a g e

20 The Construction Manager shall conduct all interim progress inspections to ensure the continued quality of all construction, including adherence to the scope of work and all building codes. All such inspections shall be conducted prior to the release of any progress payments (if applicable). Photographs will be taken before, during and upon completion of all eligible construction items as per the project bid specifications being funded by the City through its HRLP. I. Project Completion/Loan Pay-Out The contractor shall submit a payment request packet to the Construction Manager upon completion of the Scope of Work. All requests must be signed by the contractor, homeowner and Construction Manager, verifying that all work has been completed satisfactorily. All invoices, mechanic s lien releases, certifications, copies of applicable permits and job cards, warranties and a Notice of Completion shall be attached to the payment request. All checks issued by the City for eligible work performed in connection with the HRLP will be made payable to the contractor. The Construction Manager will submit all payment packets to the City for approval and processing. A maximum of two progress payments, minus ten percent retention may be submitted. The final payment for the 10% retention shall be paid 35 days after the Notice of Completion is recorded. J. Loan Re-payment Structure HRLP loans are secured to the property via Deed of Trust. Loans are deferred with zero percent (0%) interest and due upon sale, transfer of title, if the property is no longer owner-occupied or during a cash out refinancing. If none of the events above occur, then loans are re-paid according to the loan re-payment schedule outlined within the Promissory Note and within these guidelines. Loan Amount Due Amount Due in Full $5,000 5 years $5,001 - $10, years $10,001 - $15, years $15,001 - $20, years $20,001 - $30, years Homeowners may at any time make payments to their loans before the due date; however a payment schedule will not be set-up. It is not the intent of the program to create an additional hardship to the homeowners. Homeowner s are required to participate in annual monitoring of the properties, which will include providing current homeowner s policy and proof of residency. Failure to provide the information when requested by the City will result in immediate re-payment of any outstanding loan. 17 P a g e

21 PART 3: DISCLOSURES I. AFFIRMATIVE MARKETING PROCEDURES The City shall develop and publish press releases and newspaper ads to inform residents of the CDBG programs, general eligibility criteria, and application procedures. The City shall ensure that bilingual materials are available for homeowners. In addition, the City shall ensure that bilingual staff will be available to help the property owners understand all program and application materials and to be available to answer any questions. II. EQUAL OPPORTUNITY Program participants will be selected on a first-come, first-served basis. No person shall be excluded from participation in, be denied the benefits of or be subjected to, discrimination under any program or activity funded in whole or in part with CDBG funds. III. FAIR HOUSING The City has affirmative marketing procedures and requirements for CDBG-assisted housing projects. These may include: A. Press Release. B. Advertise in local newspaper and minority publications to solicit applications from residents who are not likely to apply without special outreach. IV. LEAD-BASED PAINT Properties constructed prior to 1978 will require that a Lead-based Paint Notice be given to all property owners. This notice shall be provided immediately upon applicant s applying for the EEMR program and HRLP, and will be included with the application package. Owners will be informed that their home will be tested for the presence of lead-based paint and, if necessary, this paint shall be removed or otherwise abated during the rehabilitation process. The City will test CDBG assisted properties constructed before 1978 for the presence of lead-based paint utilizing a licensed third party vendor as needed to comply with the Federal Regulations. Any lead-based paint found as a result of these tests shall be addressed in accordance with the requirements of 24 CFR Part 35, and will constitute a PRIORITY item for rehabilitation. V. DEBARTMENT AND SUSPENSION As required, the City and Property Owner will comply with all contractor debarment and suspension certifications. The City will verify clearance with both the General Services Administration (GSA) Systems for Award Management ( website) and with the California Contractors State License Board (CSLB). VI. FLOOD INSURANCE If the project is located in an area identified by the Federal Emergency Management Agency (FEMA) as located within a Special Flood Hazard Are (SFHA), flood insurance under the National Flood Insurance Program will be required. (A certificate of ongoing flood insurance coverage will be required of the property owner annually for the duration of the loan. Only the first year s flood insurance premium for 18 P a g e

22 properties covered by the Flood Disaster Protection Act of 1973, pursuant to 24 CFR is an eligible program soft cost.) VII. DISCLAIMER The application package is an important legal document, and in all respects is voluntarily and knowingly executed by the Applicant(s). The Applicant(s) thereby acknowledge that he/she/they: (i) have read, in its entirety this application package, including any and all attachments hereto; (ii) understand the respective contents and requirements of each document, (iii) sought legal advice, if desired, concerning the legal effect of this application package and the program; (iv) shall indemnify and hold harmless the City of Hesperia, Hesperia Housing Authority (HHA), and Hesperia Community Development Commission (HCDC) (including its employees, representatives, agents, or officials) from any claims, actions, suits, or litigation, whether monetary or otherwise, that may be asserted by the Applicant(s) or any third party person, firm, or entity arising from the performance of the City, HHA, or HCDC in considering/approving the application; and (v) without reservation agree to be bound by all the terms, requirements and obligations of this application package and the program. 19 P a g e

23 Appendix A Income Limits Table 2016 Category Number of Person(s) in the Household Moderate Income $35,800 $40,900 $46,000 $51,100 $55,200 $59,300 $63,400 $67,500 (80%) AMI U.S. Department of Housing and Urban Development for San Bernardino County Note: The income limits are subject to change as HUD updates the income limits annually. 20 P a g e

24 THE LEAD-SAFE CERTIFIED GUIDE TO RENOVATE RIGHT LEAD (5323) epa.gov/getleadsafe EPA-740-K Revised September 2011 Important lead hazard information for families, child care providers and schools. AD- SAFE LE T IFIE D F I R M ER C ment Printing Office online at This document may be purchased through the U.S. Govern e): (toll-fre phone by or o.gov tore.gp books

25 IT S THE LAW! Federal law requires contractors that disturb painted surfaces in homes, child care facilities and schools built before 1978 to be certified and follow specific work practices to prevent lead contamination. Always ask to see your contractor s certification. Federal law requires that individuals receive certain information before renovating more than six square feet of painted surfaces in a room for interior projects or more than twenty square feet of painted surfaces for exterior projects or window replacement or demolition in housing, child care facilities and schools built before Homeowners and tenants: renovators must give you this pamphlet before starting work. Child care facilities, including preschools and kindergarten classrooms, and the families of children under six years of age that attend those facilities: renovators must provide a copy of this pamphlet to child care facilities and general renovation information to families whose children attend those facilities.

26 WHO SHOULD READ THIS PAMPHLET? This pamphlet is for you if you: Reside in a home built before Own or operate a child care facility, including preschools and kindergarten classrooms, built before 1978, or Have a child under six years of age who attends a child care facility built before You will learn: Basic facts about lead and your health. How to choose a contractor, if you are a property owner. What tenants, and parents/guardians of a child in a child care facility or school should consider. How to prepare for the renovation or repair job. What to look for during the job and after the job is done. Where to get more information about lead. This pamphlet is not for: Abatement projects. Abatement is a set of activities aimed specifically at eliminating lead or lead hazards. EPA has regulations for certification and training of abatement professionals. If your goal is to eliminate lead or lead hazards, contact the National Lead Information Center at LEAD (5323) for more information. Do-it-yourself projects. If you plan to do renovation work yourself, this document is a good start, but you will need more information to complete the work safely. Call the National Lead Information Center at LEAD (5323) and ask for more information on how to work safely in a home with lead-based paint. Contractor education. Contractors who want information about working safely with lead should contact the National Lead Information Center at LEAD (5323) for information about courses and resources on lead-safe work practices. 1

27 RENOVATING, REPAIRING, OR PAINTING? LEAD AND YOUR HEALTH Is your home, your building, or the child care facility or school your children attend being renovated, repaired, or painted? Was your home, your building, or the child care facility or school where your children under six years of age attend built before 1978? If the answer to these questions is YES, there are a few important things you need to know about lead-based paint. This pamphlet provides basic facts about lead and information about lead safety when work is being done in your home, your building or the child care facility or school your children attend. The Facts About Lead Lead can affect children s brains and developing nervous systems, causing reduced IQ, learning disabilities, and behavioral problems. Lead is also harmful to adults. Lead in dust is the most common way people are exposed to lead. People can also get lead in their bodies from lead in soil or paint chips. Lead dust is often invisible. Lead-based paint was used in more than 38 million homes until it was banned for residential use in Projects that disturb painted surfaces can create dust and endanger you and your family. Don t let this happen to you. Follow the practices described in this pamphlet to protect you and your family. Lead is especially dangerous to children under six years of age. Lead can affect children s brains and developing nervous systems, causing: Reduced IQ and learning disabilities. Behavior problems. Even children who appear healthy can have dangerous levels of lead in their bodies. Lead is also harmful to adults. In adults, low levels of lead can pose many dangers, including: High blood pressure and hypertension. Pregnant women exposed to lead can transfer lead to their fetuses. Lead gets into the body when it is swallowed or inhaled. People, especially children, can swallow lead dust as they eat, play, and do other normal hand-to-mouth activities. People may also breathe in lead dust or fumes if they disturb lead-based paint. People who sand, scrape, burn, brush, blast or otherwise disturb lead-based paint risk unsafe exposure to lead. What should I do if I am concerned about my family s exposure to lead? A blood test is the only way to find out if you or a family member already has lead poisoning. Call your doctor or local health department to arrange for a blood test. Call your local health department for advice on reducing and eliminating exposures to lead inside and outside your home, child care facility or school. Always use lead-safe work practices when renovation or repair will disturb painted surfaces. For more information about the health effects of exposure to lead, visit the EPA lead website at epa.gov/lead/pubs/leadinfo or call LEAD (5323). There are other things you can do to protect your family every day. Regularly clean floors, window sills, and other surfaces. Wash children s hands, bottles, pacifiers, and toys often. Make sure children eat a healthy, nutritious diet consistent with the USDA's dietary guidelines, that helps protect children from the effects of lead. Wipe off shoes before entering the house. 2 3

28 WHERE DOES THE LEAD COME FROM? CHECKING YOUR HOME FOR LEAD-BASED PAINT Dust is the main problem. The most common way to get lead in the body is from dust. Lead dust comes from deteriorating lead-based paint and lead-contaminated soil that gets tracked into your home. This dust may accumulate to unsafe levels. Then, normal hand to-mouth activities, like playing and eating (especially in young children), move that dust from surfaces like floors and window sills into the body. Home renovation creates dust. Common renovation activities like sanding, cutting, and demolition can create hazardous lead dust and chips. Proper work practices protect you from the dust. The key to protecting yourself and your family during a renovation, repair or painting job is to use lead-safe work practices such as containing dust inside the work area, using dust-minimizing work methods, and conducting a careful cleanup, as described in this pamphlet. Other sources of lead. Remember, lead can also come from outside soil, your water, or household items (such as lead-glazed pottery and lead crystal). Contact the National Lead Information Center at LEAD (5323) for more information on these sources. Older homes, child care facilities, and schools are more likely to contain lead-based paint. Homes may be single-family homes or apartments. They may be private, governmentassisted, or public housing. Schools are preschools and kindergarten classrooms. They may be urban, suburban, or rural. You have the following options: You may decide to assume your home, child care facility, or school contains lead. Especially in older homes and buildings, you may simply want to assume lead-based paint is present and follow the lead-safe work practices described in this brochure during the renovation, repair, or painting job. You can hire a certified professional to check for lead-based paint. These professionals are certified risk assessors or inspectors, and can determine if your home has lead or lead hazards. A certified inspector or risk assessor can conduct an inspection telling you whether your home, or a portion of your home, has lead-based paint and where it is located. This will tell you the areas in your home where lead-safe work practices are needed. A certified risk assessor can conduct a risk assessment telling you if your home currently has any lead hazards from lead in paint, dust, or soil. The risk assessor can also tell you what actions to take to address any hazards. For help finding a certified risk assessor or inspector, call the National Lead Information Center at LEAD (5323). You may also have a certified renovator test the surfaces or components being disturbed for lead by using a lead test kit or by taking paint chip samples and sending them to an EPA-recognized testing laboratory. Test kits must be EPA-recognized and are available at hardware stores. They include detailed instructions for their use. 4 5

29 FOR PROPERTY OWNERS FOR TENANTS AND FAMILIES OF CHILDREN UNDER SIX YEARS OF AGE IN CHILD CARE FACILITIES AND SCHOOLS You have the ultimate responsibility for the safety of your family, tenants, or children in your care. This means properly preparing for the renovation and keeping persons out of the work area (see p. 8). It also means ensuring the contractor uses lead-safe work practices. Federal law requires that contractors performing renovation, repair and painting projects that disturb painted surfaces in homes, child care facilities, and schools built before 1978 be certified and follow specific work practices to prevent lead contamination. Make sure your contractor is certified, and can explain clearly the details of the job and how the contractor will minimize lead hazards during the work. You can verify that a contractor is certified by checking EPA s website at epa.gov/getleadsafe or by calling the National Lead Information Center at LEAD (5323). You can also ask to see a copy of the contractor s firm certification. Ask if the contractor is trained to perform lead-safe work practices and to see a copy of their training certificate. Ask them what lead-safe methods they will use to set up and perform the job in your home, child care facility or school. Ask for references from at least three recent jobs involving homes built before 1978, and speak to each personally. Always make sure the contract is clear about how the work will be set up, performed, and cleaned. Share the results of any previous lead tests with the contractor. You should specify in the contract that they follow the work practices described on pages 9 and 10 of this brochure. The contract should specify which parts of your home are part of the work area and specify which lead-safe work practices will be used in those areas. Remember, your contractor should confine dust and debris to the work area and should minimize spreading that dust to other areas of the home. The contract should also specify that the contractor will clean the work area, verify that it was cleaned adequately, and re-clean it if necessary. You play an important role ensuring the ultimate safety of your family. This means properly preparing for the renovation and staying out of the work area (see p. 8). Federal law requires that contractors performing renovation, repair and painting projects that disturb painted surfaces in homes built before 1978 and in child care facilities and schools built before 1978, that a child under six years of age visits regularly, to be certified and follow specific work practices to prevent lead contamination. The law requires anyone hired to renovate, repair, or do painting preparation work on a property built before 1978 to follow the steps described on pages 9 and 10 unless the area where the work will be done contains no lead-based paint. If you think a worker is not doing what he is supposed to do or is doing something that is unsafe, you should: Contact your landlord. Call your local health or building department, or Call EPA's hotline LEAD (5323). If you are concerned about lead hazards left behind after the job is over, you can check the work yourself (see page 10). If you think a worker is not doing what he is supposed to do or is doing something that is unsafe, you should: Direct the contractor to comply with regulatory and contract requirements. Call your local health or building department, or Call EPA's hotline LEAD (5323). If your property receives housing assistance from HUD (or a state or local agency that uses HUD funds), you must follow the requirements of HUD s Lead-Safe Housing Rule and the ones described in this pamphlet. 6 7

30 PREPARING FOR A RENOVATION DURING THE WORK The work areas should not be accessible to occupants while the work occurs. The rooms or areas where work is being done may need to be blocked off or sealed with plastic sheeting to contain any dust that is generated. Therefore, the contained area may not be available to you until the work in that room or area is complete, cleaned thoroughly, and the containment has been removed. Because you may not have access to some areas during the renovation, you should plan accordingly. You may need: Alternative bedroom, bathroom, and kitchen arrangements if work is occurring in those areas of your home. A safe place for pets because they too can be poisoned by lead and can track lead dust into other areas of the home. A separate pathway for the contractor from the work area to the outside in order to bring materials in and out of the home. Ideally, it should not be through the same entrance that your family uses. A place to store your furniture. All furniture and belongings may have to be moved from the work area while the work is being done. Items that can t be moved, such as cabinets, should be wrapped in plastic. To turn off forced-air heating and air conditioning systems while the work is being done. This prevents dust from spreading through vents from the work area to the rest of your home. Consider how this may affect your living arrangements. You may even want to move out of your home temporarily while all or part of the work is being done. Child care facilities and schools may want to consider alternative accommodations for children and access to necessary facilities. Federal law requires contractors that are hired to perform renovation, repair and painting projects in homes, child care facilities, and schools built before 1978 that disturb painted surfaces to be certified and follow specific work practices to prevent lead contamination. The work practices the contractor must follow include these three simple procedures, described below: 1. Contain the work area. The area must be contained so that dust and debris do not escape from that area. Warning signs must be put up and plastic or other impermeable material and tape must be used as appropriate to: Cover the floors and any furniture that cannot be moved. Seal off doors and heating and cooling system vents. For exterior renovations, cover the ground and, in some instances, erect vertical containment or equivalent extra precautions in containing the work area. These work practices will help prevent dust or debris from getting outside the work area. 2. Avoid renovation methods that generate large amounts of lead-contaminated dust. Some methods generate so much lead-contaminated dust that their use is prohibited. They are: Open flame burning or torching. Sanding, grinding, planing, needle gunning, or blasting with power tools and equipment not equipped with a shroud and HEPA vacuum attachment. Using a heat gun at temperatures greater than 1100 F. There is no way to eliminate dust, but some renovation methods make less dust than others. Contractors may choose to use various methods to minimize dust generation, including using water to mist areas before sanding or scraping; scoring paint before separating components; and prying and pulling apart components instead of breaking them. 3. Clean up thoroughly. The work area should be cleaned up daily to keep it as clean as possible. When all the work is done, the area must be cleaned up using special cleaning methods before taking down any plastic that isolates the work area from the rest of the home. The special cleaning methods should include: Using a HEPA vacuum to clean up dust and debris on all surfaces, followed by Wet wiping and wet mopping with plenty of rinse water. When the final cleaning is done, look around. There should be no dust, paint chips, or debris in the work area. If you see any dust, paint chips, or debris, the area must be re-cleaned. 8 9

31 FOR PROPERTY OWNERS: AFTER THE WORK IS DONE FOR ADDITIONAL INFORMATION When all the work is finished, you will want to know if your home, child care facility, or school where children under six attend has been cleaned up properly. EPA Requires Cleaning Verification. In addition to using allowable work practices and working in a lead-safe manner, EPA s RRP rule requires contractors to follow a specific cleaning protocol. The protocol requires the contractor to use disposable cleaning cloths to wipe the floor and other surfaces of the work area and compare these cloths to an EPA-provided cleaning verification card to determine if the work area was adequately cleaned. EPA research has shown that following the use of lead-safe work practices with the cleaning verification protocol will effectively reduce lead-dust hazards. Lead-Dust Testing. EPA believes that if you use a certified and trained renovation contractor who follows the LRRP rule by using lead-safe work practices and the cleaning protocol after the job is finished, lead-dust hazards will be effectively reduced. If, however, you are interested in having lead-dust testing done at the completion of your job, outlined below is some helpful information. What is a lead-dust test? Lead-dust tests are wipe samples sent to a laboratory for analysis. You will get a report specifying the levels of lead found after your specific job. How and when should I ask my contractor about lead-dust testing? Contractors are not required by EPA to conduct lead-dust testing. However, if you want testing, EPA recommends testing be conducted by a lead professional. To locate a lead professional who will perform an evaluation near you, visit EPA s website at epa.gov/lead/pubs/locate or contact the National Lead Information Center at LEAD (5323). If you decide that you want lead-dust testing, it is a good idea to specify in your contract, before the start of the job, that a lead-dust test is to be done for your job and who will do the testing, as well as whether re-cleaning will be required based on the results of the test. You may do the testing yourself. If you choose to do the testing, some EPA-recognized lead laboratories will send you a kit that allows you to collect samples and send them back to the laboratory for analysis. Contact the National Lead Information Center for lists of EPA-recognized testing laboratories. You may need additional information on how to protect yourself and your children while a job is going on in your home, your building, or child care facility. The National Lead Information Center at LEAD (5323) or epa.gov/lead/nlic can tell you how to contact your state, local, and/or tribal programs or get general information about lead poisoning prevention. State and tribal lead poisoning prevention or environmental protection programs can provide information about lead regulations and potential sources of financial aid for reducing lead hazards. If your state or local government has requirements more stringent than those described in this pamphlet, you must follow those requirements. Local building code officials can tell you the regulations that apply to the renovation work that you are planning. State, county, and local health departments can provide information about local programs, including assistance for lead-poisoned children and advice on ways to get your home checked for lead. The National Lead Information Center can also provide a variety of resource materials, including the following guides to lead-safe work practices. Many of these materials are also available at epa.gov/lead/pubs/brochure Steps to Lead Safe Renovation, Repair and Painting. Protect Your Family from Lead in Your Home Lead in Your Home: A Parent s Reference Guide For the hearing impaired, call the Federal Information Relay Service at to access any of the phone numbers in this brochure

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