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Federal Register / Vol. 86, No. 8 / Wednesday, January 13, 2021 / Proposed Rules and the program-specific regulations, the program-specific regulations govern.
c HUD housing. For purposes of this subpart, the term HUD housing means the types of housing listed in paragraph a of this section.
5.703 National Standards for the Condition of HUD housing.

a General. To ensure that all residents live in safe, habitable dwellings, the items and components located inside the building, outside the building, and within the units of HUD
housing must be functionally adequate, operable, and free of health and safety hazards. The standards under this section apply to all HUD housing. HUD
housing under the HCV and PBV
programs shall be subject to these standards only for:
1 The subsidized unit itself; and 2 Items and components within the primary and secondary means of egress from a units entry doors to the public way, those common features related to the residential use of the building e.g., the laundry room, community room, mail room, and the systems equipment that directly services the voucher unit.
b Inside. Inside of HUD housing refers to the common areas and building systems that can be generally found within the building interior and are not inside a unit. Examples of inside common areas may include, basements, interior or attached garages, enclosed carports, restrooms, closets, utility rooms, mechanical rooms, community rooms, day care rooms, halls, corridors, stairs, shared kitchens, laundry rooms, offices, enclosed porches, enclosed patios, enclosed balconies, and trash collection areas. Examples of building systems include those components that provide domestic water, electricity, elevators, emergency power, fire protection, HVAC, and sanitary services.
c Outside. Outside of HUD housing or outside areas refers to the building site, building exterior components, and any building systems located outside of the building or unit.
Examples of outside components may include fencing, retaining walls, grounds, lighting, mailboxes, project signs, parking lots, detached garage or carport, driveways, play areas and equipment, refuse disposal, roads, storm drainage, non-dwelling buildings, and walkways. Components found on the exterior of the building are also considered outside areas, and examples may include doors, attached porches, attached patios, balconies, car ports, fire escapes, foundations, lighting, roofs, walls, and windows.
d Units. A unit or dwelling unit of HUD housing refers to the interior
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components of an individual unit.
Examples of components included in the interior of a unit may include the bathroom, call-for-aid if applicable, ceiling, doors, electrical systems, floors, water heater, HVAC where individual units are provided, kitchen, lighting, outlets, switches, smoke detectors, stairs, walls, and windows. The unit must also meet the following affirmative requirements:
1 The unit must have hot and cold running water, including an adequate source of safe and potable water;
2 The unit must include its own sanitary facility, it must be in proper operating condition, usable in privacy, and adequate for personal hygiene and the disposal of human waste;
3 The unit must include at least one battery-operated or hard-wired smoke detector, in proper working condition, on each level of the unit installed as specified in National Fire Protection Association Standard NFPA 72 or successor standards. If the unit is occupied by any hearing-impaired person, smoke detectors must have an alarm system, designed for hearingimpaired persons;
4 The unit must have a living room and a kitchen area;
5 For units assisted under the HCV
or PBV program, the unit must have at least one bedroom or living/sleeping room for each two persons. Children of opposite sex, other than very young children, may not be required to occupy the same bedroom or living/sleeping room.
e Health and safety concerns1
General. The inside, outside and unit must be free of health and safety hazards that pose a danger to residents.
Types of health and safety concerns include, but are not limited to carbon monoxide, mold, flammable materials or other fire hazards, electrical hazards, garbage and debris, handrail hazards, infestation, and lead-based paint.
2 Lead-Based Paint. HUD housing must comply with all requirements related to the evaluation and control of lead-based paint hazards and have available proper documentation of such see part 35 of this title. The Lead-based Paint Poisoning Prevention Act 42
U.S.C. 48214846, the Residential Lead-based Paint Hazard Reduction Act of 1992 42 U.S.C. 48514856, and the applicable regulations at part 35 of this title apply.
f Compliance with State and local codes. 1 The standards for the condition of HUD housing in this section do not supersede State and local housing codes such as fire, mechanical, plumbing, property maintenance, or residential code requirements.

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2 All HUD housing other than units assisted under the HCV and PBV
programs must comply with State or local housing code in order to comply with this subpart.
3 State and local code compliance is not part of the determination whether a unit passes the standards for the condition of HUD housing under this section for the HCV and PBV programs except in accordance with 5.705a3.
g Use of an alternative or additional standard for HCV and PBV programs. A
PHA is not subject to the standards set by this section when the PHA is approved by HUD to use an alternative standard in accordance with 982.406
of this title. PHAs may also elect to establish additional requirements for quality, architecture, or design of PBV
housing, and any such additional requirements must be specified in the Agreement to Enter into a HAP Contract Agreement as provided in 983.152d2 of this title.
h Special housing types in the HCV, PBV, and Moderate Rehabilitation programs. part 982, subpart M of this title identifies special housing types which require standards unique to special types of housing. Unless modified by program-specific regulations, NSPIRE Standards will apply for these special housing types.
5.705

Inspection requirements.

a Procedures1 General. Any entity responsible for conducting an inspection of HUD housing, to determine compliance with this subpart, must inspect such HUD housing in accordance with the standards and procedures for identifying safe, habitable housing set out by the Secretary and published in the Federal Register as described in 5.711.
2 Inspection Scope. The inspection requirement for HUD housing generally requires the inside, outside and unit to be inspected, in accordance with 5.703. The inspection requirement for the tenant-based HCV program and the unit inspection for the PBV program only applies to units occupied or to be occupied by HCV and PBV participants, and common areas and exterior areas which either service or are associated with such units.
3 HCV and PBV Variant inspection standards. i HUD may approve inspection criteria variations for the following purposes:
A Variations which apply standards in local housing codes or other codes adopted by the PHA; or B Variations because of local climatic or geographic conditions.

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