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Owner Update “Question of The Month”
Q: What is a paint waiver?
A: Paint waivers are issued on units that are applicable to the Lead-Based Paint
rule (units built pre-1978 AND having a child under age 6) that fail HQS for exterior paint.
When TMHA conducts the HQS inspection during the late fall, winter, early spring months
when paint repair cannot be done, the owner can sign a paint waiver to agree to do the
following by a later date:
remove the deteriorated paint and paint chips and repair the affected areas in accordance
with LBP regulations,
get a passing clearance test done by a certified LBP inspector (such as Farsight Mgmt.)
complete the Owner Certification certifying that the paint has been repaired using LBP safe work practices.
The paint waiver allows the unit to be provisionally passed for HQS until the paint waiver
date in the spring when the unit must meet HQS. The waiver date for 2007 is June 15, 2007.
The HUD requirement is that if the paint has not been repaired, passed a clearance test,
and owner certification submitted by the waiver date, then the PHA must abate the HAP
payment to the owner and eventually end the HAP contract if the repairs remain uncompleted.
Some other things that you should know about paint waivers and exterior paint:
TMHA?s HQS inspection for exterior paint is visual only. The inspector looks for deteriorated
paint surfaces, paint chalking, and paint chips around the foundation. If found, the unit fails
for exterior paint.
The clearance test by the certified inspector is also a visual test, unless there is
chalking paint on aluminum siding involved, in which case residue wipes are taken and
sent to a testing lab.
If the deteriorated exterior paint is only a small isolated area (called below deminimus),
the paint will have to be repaired and owner certification is required, but a clearance
test is not required.
TMHA?s HQS visual check for exterior paint applies to the exterior of the building
the unit is in, common areas of multi-units, AND any property outbuildings, such as
an unattached garage.
Paint waivers never apply to interior paint, which can be repaired at any time of the year.
And last, but not least, if TMHA conducts the visual inspection on the exterior paint and
finds no evidence of deteriorated or chalking paint and/or scraped foundation chips, the unit
passes for exterior paint, and NO CLEARANCE INSPECTION OR PAINT WAIVER IS NEEDED.
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