Proposed Rule2022-13251
Request for Comments: National Standards for the Physical Inspection of Real Estate and Associated Protocols
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 17, 2022
Issuing agencies
Housing and Urban Development Department
Abstract
This Request for public comment serves as a complementary document to the Economic Growth Regulatory Relief and Consumer Protection Act: Implementation of National Standards for the Physical Inspection of Real Estate (NSPIRE) proposed rule. The proposed rule provided that HUD would publish in the Federal Register a set of NSPIRE inspection standards to consolidate and align housing quality requirements and associated inspection standards across programs. After developing and testing draft standards, HUD now seeks public review and comment on the proposed NSPIRE physical inspection standards which would accompany HUD's final rule. Additionally, HUD is proposing changes to the list of life-threatening conditions and incorporating them into the NSPIRE inspection standards in place of codifying the list which HUD proposed in the "Housing Opportunity Through Modernization Act (HOTMA) of 2016--Housing Choice Voucher (HCV) and Project Based Voucher Implementation: Additional Streamlining Changes" proposed rule. HUD will consider comments received in response to this request before publishing a final notice of standards in the Federal Register.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 117 (Friday, June 17, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 117 (Friday, June 17, 2022)]
[Proposed Rules]
[Pages 36426-36430]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-13251]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Parts 5, 92, 93, 200, 574, 576, 578, 880, 882, 884, 886,
888, 902, 982, 983 and 985
[Docket Nos. 6086-N-02]
RIN 2577-AD05 and 2577-AD06
Request for Comments: National Standards for the Physical
Inspection of Real Estate and Associated Protocols
AGENCY: Office of the Assistant Secretary for Housing--Federal Housing
Commissioner, Office of the Assistant Secretary for Community Planning
and Development, Office of the Assistant Secretary for Public and
Indian Housing, HUD.
ACTION: Request for public comment.
-----------------------------------------------------------------------
SUMMARY: This Request for public comment serves as a complementary
document to the Economic Growth Regulatory Relief and Consumer
Protection Act: Implementation of National Standards for the Physical
Inspection of Real Estate (NSPIRE) proposed rule. The proposed rule
provided that HUD would publish in the Federal Register a set of NSPIRE
inspection standards to consolidate and align housing quality
requirements and associated inspection standards across programs. After
developing and testing draft standards, HUD now seeks public review and
comment on the proposed NSPIRE physical inspection standards which
would accompany HUD's final rule. Additionally, HUD is proposing
changes to the list of life-threatening conditions and incorporating
them into the NSPIRE inspection standards in place of codifying the
list which HUD proposed in the ``Housing Opportunity Through
Modernization Act (HOTMA) of 2016--Housing Choice Voucher (HCV) and
Project Based Voucher Implementation: Additional Streamlining Changes''
proposed rule. HUD will consider comments received in response to this
request before publishing a final notice of standards in the Federal
Register.
DATES: Comment Due Date: August 1, 2022.
ADDRESSES: HUD invites interested persons to submit comments to the
Office of the General Counsel, Regulations Division, Department of
Housing and Urban Development, 451 7th Street SW, Room 10276,
Washington, DC 20410-0500. Communications should refer to the above
docket number and title. There are two methods for submitting public
comments.
1. Electronic Submission of Comments. Comments may be submitted
electronically through the Federal eRulemaking Portal at <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>. HUD strongly encourages commenters to submit
comments electronically. Electronic submission of comments allows the
commenter maximum time to prepare and submit a comment, ensures timely
receipt by HUD, and enables HUD to make comments immediately available
to the public. Comments submitted electronically through the website
can be viewed by other commenters and interested members of the public.
[[Page 36427]]
Commenters should follow instructions provided on that site to submit
comments electronically.
2. Submission of Comments by Mail. Comments may also be submitted
by mail to the Regulations Division, Office of General Counsel,
Department of Housing and Urban Development, 451 7th Street SW, Room
10276, Washington, DC 20410-0500. Due to security measures at all
Federal agencies, however, submission of comments by mail often results
in delayed delivery. To ensure timely receipt, HUD recommends that
comments be mailed at least 2 weeks in advance of the public comment
deadline.
Note: To receive consideration as public comments, comments must
be submitted using one of the two methods specified above.
No Facsimile Comments. Facsimile (fax) comments are not acceptable.
Public Inspection of Comments. All comments and communications
submitted to HUD will be available for public inspection and copying
between 8 a.m. and 5 p.m., weekdays, at the above address. Due to
security measures at HUD Headquarters, an advance appointment to review
the public comments must be scheduled by calling the Regulations
Division at 202-708-3055. This is not a toll-free number. Copies of all
comments submitted are available for inspection and downloading at
<a href="https://www.regulations.gov/">https://www.regulations.gov/</a>.
FOR FURTHER INFORMATION CONTACT: Marcel M. Jemio, Real Estate
Assessment Center, Office of Public and Indian Housing, Department of
Housing and Urban Development, 550 12th Street SW, Suite 100,
Washington, DC 20410-4000, telephone number 202-708-1112 (this is not a
toll-free number). Persons with hearing or speech impairments may
contact the numbers above via TTY by calling the Federal Relay Service
at 800-877-8339 (this is a toll-free number).
SUPPLEMENTARY INFORMATION:
I. Current Standards and Programs
There are currently two inspection models used across the majority
of HUD housing programs: Housing Quality Standards (HQS), developed in
the 1970s and applicable to housing assisted under the Housing Choice
Voucher and Project Based Voucher program, which are currently found at
24 CFR 982.401, and the Uniform Physical Condition Standards (UPCS)
developed in the 1990s and applicable to the programs listed at 24 CFR
5.701, which are currently found at 24 CFR 5.703 with the dictionary of
individual UPCS deficiencies contained in a Federal Register notice.\1\
The unified NSPIRE standards would be used to evaluate compliance with
HUD's expectations of housing quality across the distinct programs
governed by the regulatory alignment offered in the proposed rule.
---------------------------------------------------------------------------
\1\ Available at: <a href="https://www.federalregister.gov/documents/2012/08/09/2012-19335/public-housing-assessment-system-phas-physical-condition-scoring-notice-and-revised-dictionary-of">https://www.federalregister.gov/documents/2012/08/09/2012-19335/public-housing-assessment-system-phas-physical-condition-scoring-notice-and-revised-dictionary-of</a>.
---------------------------------------------------------------------------
II. NSPIRE Proposed Rule
On January 13, 2021, HUD published a proposed rule ``Economic
Growth Regulatory Relief and Consumer Protection Act: Implementation of
National Standards for the Physical Inspection of Real Estate'' (86 FR
2582) to implement one of NSPIRE's core objectives--the formal
alignment of expectations of housing quality and consolidation of
inspection standards across HUD programs.
As outlined within the proposed rule, HUD intends to publish
updates to these standards through future Federal Register notices at
least once every three years with an opportunity for public comment.
This would provide further opportunity for the public to examine
proposed changes, provide pertinent comments, and suggest the inclusion
of industry best practices. The three-year standards development cycle
aligns with the cycle used by standards development organizations in
the model building codes and life safety industries. A three-year
review cycle would also allow HUD to be more responsive to the ever-
changing public and assisted housing portfolio and evolving needs in
the field.
III. NSPIRE Standard Development and Background
Throughout the development of NSPIRE, HUD has provided multiple
avenues for industry and public input on the standards. In September
2019, HUD began publishing draft NSPIRE standards on HUD's website. The
original and subsequent versions of the standards represent input from
industry stakeholders and the public via workshops, webinars, and
feedback received through HUD's NSPIRE website.
HUD's approach to standards development follows a defined set of
core principles: people-centered design, a focus on efficiency,
science-based rationales, continuous collaborative improvement, and
streamlined operations. HUD's principles of standards development are
designed to ensure that standards:
<bullet> Are developed according to an evidence-based methodology
that ensures reliability and defensibility;
<bullet> Prioritize resident health, safety, and functionality of
property features, ensuring that residents are living in habitable
homes;
<bullet> Promote iterative collaboration and feedback; and
<bullet> Focus on streamlining inspections processes, ensuring that
standards can be executed consistently across programs.
For each inspection standard, the definition, location, deficiency,
deficiency criteria, health and safety determination, and correction
timeframe have been listed. Further, HUD believes that housing
standards must focus on habitability and the health and safety of
residents. Each proposed standard contains ``rationales,'' or the
reason the requirement is necessary. Rationales describe the potential
harm that may result from a given deficiency if left uncorrected.
Generally, rationales include the health, safety, and/or major
functional or habitability issue, and illustrate why detection and
remediation of the deficiency is critical to housing quality.
HUD will review the comments received on this request for comments,
ongoing feedback received through the NSPIRE demonstration, and ongoing
input from HUD partners, industry stakeholders, and the public for
current and future development of the NSPIRE standards. HUD anticipates
that future revisions to the standards may include such changes as:
<bullet> Revisions to deficiency health and safety determinations
or the associated time of repair;
<bullet> Updated health and safety determinations, including pass/
fail determinations for the Housing Choice and Project-based Voucher
programs; or
<bullet> Removal or addition of deficiencies based on public input.
IV. HOTMA Voucher Proposed Rule
Under the Housing Opportunity Through Modernization Act of 2016
(HOTMA), as described in the preamble of the NSPIRE proposed rule,
life-threatening deficiencies must be addressed within 24 hours and all
other deficiencies within 30 days.\2\ Under HOTMA, Public Housing
Authorities (PHAs) can allow families participating in the HCV and PBV
programs to move into their unit prior to the unit passing the HQS, but
only if there are no life-threatening conditions identified in the
initial inspection.
---------------------------------------------------------------------------
\2\ Public Law 114-201, enacted July 29, 2016.
---------------------------------------------------------------------------
[[Page 36428]]
Consistent with HOTMA, HUD published through Federal Register
Notice ``Housing Opportunity Through Modernization Act of 2016:
Implementation of Various Section 8 Voucher Provisions'' (82 FR 5458) a
list of life-threatening conditions (``HOTMA LT List'').
In the proposed rule ``Housing Opportunity Through Modernization
Act of 2016-Housing Choice Voucher (HCV) and Project-Based Voucher
Implementation; Additional Streamlining Changes'' (85 FR 63664), HUD
proposed to incorporate this list into 24 CFR 982.401. HUD received
comments on this proposal and is reviewing and considering these
comments.
V. Incorporation of HOTMA Life Threatening List (``HOTMA LT List'')
In this request for comments, HUD proposes incorporating the HOTMA
LT List into the NSPIRE standards and not in regulation and provides
this list as Table 63 of the standards. HUD believes that this
consolidation would be consistent with HUD's goal of consolidating
standards. All other NSPIRE standards, once final, would apply for the
HCV program, except where HCV and PBV Variant inspection standards
apply.\3\ All comments on this request for comments, the HOTMA proposed
rule, and the NSPIRE proposed rule will be considered before the HOTMA
LT List is finalized either in regulation or in the NSPIRE standards.
In these proposed standards, standards which are considered life-
threatening for purposes of the HCV and PBV programs are noted with a
24-hour HCV Correction Timeframe. The HOTMA LT list will apply for all
PHAs, and not just those choosing to implement the Non-Life-Threatening
provision offered under HOTMA and PIH Notice 2017-20.
---------------------------------------------------------------------------
\3\ See the exceptions which HUD proposed at Sec.
5.705(a)(3)(ii) of the NSPIRE proposed rule.
---------------------------------------------------------------------------
VI. Major Changes From UPCS and HQS
HUD welcomes and appreciates all comments on the standards detailed
in this request for comments. HUD also seeks specific input on the
following items that HUD considers to be material enhancements related
to health and safety from UPCS and HQS to the NSPIRE standards.
Smoke Alarms
Consistent with HUD's proposed rule, this proposed standard would
incorporate prescriptive locations for the installation of smoke alarms
to conform with National Fire Protection Association (NFPA) Standard
72--National Fire Alarm and Signaling Code. Adoption of NFPA 72 would
introduce new requirements for smoke alarms by requiring installation
on each level and inside each sleeping area.
Carbon Monoxide Alarms
This draft standard would incorporate statutory requirements
enacted by Congress \4\ to conform with the 2018 International Fire
Code (IFC) published by the International Code Council. The draft
standard would establish deficiency criteria for installation of carbon
monoxide alarms.
---------------------------------------------------------------------------
\4\ See Section 101, ``Carbon Monoxide Alarms or Detectors in
Federally Insured Housing'' of Title I of Division Q, Financial
Services Provisions and Intellectual Property, of the Consolidated
Appropriations Act, 2021, Public Law 116-260, 134 Stat. 2162 (2020).
---------------------------------------------------------------------------
Fire Labeled Doors
This proposed standard would include deficiency criteria specific
to these types of doors where present. The deficiencies would include
function and operability criteria critical to these fire safety
components where present in buildings.
Guardrails
This proposed standard would include prescriptive deficiency
criteria for guardrails where missing above elevated surfaces to
protect from fall hazards along balconies, stairs, ramps, decks,
rooftops, hallways, retaining walls, and other walking surfaces.
Handrails
This proposed standard would include a deficiency with prescriptive
dimensional criteria for handrails that are not functionally adequate
and cannot reasonably be grasped by hand to provide stability or
support when ascending or descending stairways.
Mold-Like Substance
This proposed standard would include deficiencies based on discrete
levels of observed conditions and a ventilation or dehumidification
requirement for bathrooms to reduce conditions conducive to mold
growth.
Potential Lead-Based Paint Hazards
This proposed standard would include a deficiency that incorporates
the HQS requirements for an enhanced visual assessment for deteriorated
paint where there is a child under 6 years of age residing in the unit.
Structural System
This proposed standard would include a deficiency that captures
signs of serious structural collapse and may threaten the resident's
safety.
HOTMA LT List
As discussed above, these proposed standards would replace the
HOTMA LT List and make changes to the List to align with NSPIRE. One
condition in the HOTMA LT List not included in NSPIRE is ``any
condition that poses a serious risk of electrocution or fire and poses
an immediate life-threatening condition.'' Under NSPIRE, HUD has
multiple electrical standards with deficiencies that comprehensively
address fire and shock risks. Therefore, HUD believes that this general
deficiency is not necessary where HUD provides more specific
deficiencies which would encompass it.
HUD is requesting comments on several proposed deficiencies not
currently in the NSPIRE Standards that are currently included in the
HOTMA LT List including space heaters and water leaking onto electrical
devices.
VII. Request for Comment on Questions Related to Specific Deficiencies
HUD seeks comment on all standards proposed in this document.
Additionally, HUD seeks responses to the specific questions below
regarding additional changes which HUD is considering but has not
proposed in draft form in the standards associated with this request
for comments.
Question for Comment #1: HUD is considering amending the proposed
``Mold-Like Substance Standard'' to include a Deficiency or Deficiency
Criteria related to mold risk. This amended Deficiency would help
identify sources of moisture conducive to potential mold or mold-like
substances. The amended Deficiency would outline the required use of
moisture meters and moisture levels and establish the threshold for
such a Deficiency. The amended Deficiency would also recommend, but not
require, the use of infrared cameras to detect moisture intrusion. HUD
seeks input on this proposed requirement, the use of appropriate
equipment, and what would be an appropriate correction timeframe.
Question for Comment #2: As discussed in the NSPIRE proposed rule,
HUD is considering adding the term ``safe'' to the regulations at 24
CFR 5.703(d) addressing drinking water. This addition would cover
situations where the public water supply system has identified drinking
water contamination and notified customers of the hazard. This change
would not require a new standard. The NSPIRE inspector would collect
information from the property manager or owner on the following: (1)
[[Page 36429]]
any current local water alerts for the jurisdiction where the housing
is located; and (2) the name of the public water supply system that
serves the property. For the building information collection, the
property manager or owner would advise if the property is known to be
serviced by a lead service line. If this information is not known for
the portion of the pipe on the property, the owner or manager would be
asked to identify the water service point of entry into the building
and the inspector would conduct a visual evaluation. Details on the
process would be published in a subsequent notice. HUD seeks comment on
the advisability of adding new requirements for the PHA submission of
information performed in advance or as part of the physical inspection.
Question for Comment #3: HUD previously requested public comment in
the NSPIRE proposed rule regarding a new deficiency under the heating
ventilation and air conditioning (HVAC) standard for the requirement of
permanently installed heating sources. HUD recognizes there may be
properties across HUD assisted housing located in perennially warm
climates where a permanent heating source may not be necessary or
required by local codes. HUD seeks input on these unique climates to
better understand where these conditions may exist in HUD assisted
properties.
Question for Comment #4: HUD is considering amending the deficiency
titled ``A permanently installed heating source is damaged, inoperable,
missing, or not installed and the outside temperature is below 68
degrees Fahrenheit'' to have two distinct severity levels. The proposed
deficiency would be amended to require properties to be maintained at a
minimum unit temperature of 64 degrees Fahrenheit. A new severe non-
life-threatening deficiency would be added for properties with observed
unit temperatures between 64- and 67.9-degrees Fahrenheit. HUD seeks
input on the advisability of creating two levels of severity for the
minimum temperature deficiency.
Question for Comment #5: HUD is considering amending the deficiency
titled ``A permanently installed heating source is damaged, inoperable,
missing, or not installed and the outside temperature is below 68
degrees Fahrenheit'' in the HVAC standard to limit the application of
this standard and deficiency to specific months of the year and
specific climate zones. HUD recognizes the current deficiency may not
capture unique climate differences across HUD assisted properties. HUD
seeks input on the use of specific months or climate zones for the
application of the minimum temperature deficiency.
Question for Comment #6: HUD is considering amending the deficiency
``A permanently installed heating source is damaged, inoperable,
missing, or not installed and the outside temperature is below 68
degrees Fahrenheit'' in the HVAC standard to include measurement by an
ambient temperature thermometer provided by the inspector to determine
whether the heating source is properly functioning. The amended
deficiency would also outline inspection protocols required for using
the thermometer. HUD seeks input on this proposed equipment requirement
for the minimum temperature deficiency in the HVAC standard.
Question for Comment #7: HUD previously requested public comments
in the NSPIRE proposed rule regarding a new deficiency under the HVAC
standard for the requirement of permanently installed heating sources.
After reviewing public comments, HUD recognizes the need to define
``permanently installed heating sources.'' HUD seeks specific input on
defining this term.
Question for Comment #8: HUD previously requested public comments
in the NSPIRE proposed rule regarding a new deficiency under the HVAC
standard for the requirement of permanently installed heating sources.
HUD recognizes there may be extreme cold weather conditions when
supplemental heating units may be needed to maintain a safe level of
heat. HUD is considering amending the HVAC standard to create a new
deficiency for the presence of unvented, fuel-burning space heaters due
to the associated fire and carbon monoxide risk. HUD seeks input on
this proposed deficiency for unvented, fuel-burning space heaters.
Question for Comment #9: HUD is considering amending the
``unprotected outlet is present within six feet of a water source''
proposed deficiency within the Electrical--Outlet and Switch Standard
to explicitly allow using a receptable tester with a ground fault
circuit interrupter (GFCI) test button or using the integral device
tester during the inspection process. This amended Deficiency would
specify the acceptable types of receptacle testers and could include
acceptable industry standards for a receptable tester with a GFCI test
button. An example of an acceptable industry tool standard would be
Underwriters Lab Standard 1436-for Outlet Circuit Testers and Similar
Indicating Devices. The amended deficiency would also add protocol
details to the inspection process for the deficiency. HUD seeks input
on this proposed tool specification requirement.
Question for Comment #10: HUD is considering amending the
Electrical--Conductor standard to include a new deficiency to address
leaks onto or near electrical components in the built environment. HUD
seeks input on deficiency criteria for this proposed deficiency.
Question for Comment #11: HUD is considering amending the
correction timeframes for standards and deficiencies categorized as
``Severe Non-Life Threatening'' where a corrective action may not be
technically feasible within 24 hours. The statutory repair timeframes
required under HOTMA prevent changes to correction timeframes to
properties in the HCV or PBV programs. The amendment HUD is considering
would continue to require that the Health or Safety risk to the
resident be removed within 24 hours, but the correction timeframe would
be extended. HUD recognizes that not all severe conditions can be
repaired within 24 hours as they may require building permits or
engaging the services of an appropriate contractor. HUD seeks specific
input on whether this proposed change in correction timeframes should
be addressed within the standards or through an administrative process
where HUD makes an adjustment within its database to reflect an
extended timeframe of repair. HUD also seeks specific input on which
standards and deficiencies would benefit from this proposed approach to
corrections.
Question for Comment #12: HUD is considering amending the
Infestation Standard to create new deficiencies for extensive
infestations for the pest deficiencies, which currently lack an
extensive deficiency. The current deficiency criteria for extensive
cockroach infestation have a specific threshold for the visual
observation. The amended standard would include specific criteria with
thresholds comparable to the existing extensive cockroach infestation
deficiency. HUD seeks input on this proposed deficiency, appropriate
deficiency criteria and which pests, if others, should also be covered
under the Infestation Standard and elevated to ``extensive.''
Question for Comment #13: HUD is considering amending the
Infestation Standard to create a longer timeframe of repair for severe
infestation deficiencies. The amended deficiency would allow longer
correction timeframes when properties utilize industry best practices
for mitigating infestations and assessing
[[Page 36430]]
infestation risks. The amended correction timeframes that HUD is
considering would apply only to Public Housing and Multifamily
properties due to the statutory constraints on the HCV and PBV
programs. An example of industry best practices would be utilizing
integrated pest management as a form of proactive pest control. HUD
seeks input on an appropriate correction timeframe and use of industry
best practices to address infestations in HUD-assisted properties.
For all the above changes, HUD also seeks comments on whether these
proposed requirements, as applied to all covered housing, would
substantially narrow the pool of available rental housing for families
participating in HUD's programs. HUD also notes that HUD is continuing
to review the comments received through the Federal Register on the
NSPIRE proposed rule in the development of the attached standards. All
standards-related comments from the NSPIRE proposed rule and comments
received in response to this request for comments will be considered
prior to the final standards notice.
VIII. The NSPIRE Standards
As explained in the background section, previous versions of the
NSPIRE standards have been published to the HUD website. Previous
versions have been archived. HUD seeks comment on the current version,
2.2, which is available for review at <a href="https://www.hud.gov/sites/dfiles/PIH/documents/6092-N-02nspire_propose_standards.pdf">https://www.hud.gov/sites/dfiles/PIH/documents/6092-N-02nspire_propose_standards.pdf</a>. HUD asks that all
comments to version 2.2 be made through the Federal Register.
Adrianne Todman,
Deputy Secretary.
[FR Doc. 2022-13251 Filed 6-16-22; 8:45 am]
BILLING CODE 4210-67-P
</pre></body>
</html>Indexed from Federal Register on June 17, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.