Federal Register, Volume 88 Issue 119 (Thursday, June 22, 2023)

[Federal Register Volume 88, Number 119 (Thursday, June 22, 2023)]
[Notices]
[Pages 40832-40841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13293]

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-6086-N-05]

National Standards for the Physical Inspection of Real Estate:
Inspection Standards

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: Notice.

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SUMMARY: This notice of NSPIRE Inspection Standards 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) rule. The rule provides
that HUD 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 and receiving public comment on prior versions
of the Standards, HUD is providing the final NSPIRE physical inspection
Standards to accompany HUD's final rule. Additionally, HUD is providing
a 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. These
final Standards adopt the proposed Standards with changes identified in
this notice.

DATES: July 1, 2023.

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

[[Page 40833]]

Street SW, Suite 100, Washington, DC 20410-4000, telephone number 202-
708-1112 (this is not a toll-free number). HUD welcomes and is prepared
to receive calls from individuals who are deaf or hard of hearing, as
well as individuals with speech or communication disabilities. To learn
more about how to make an accessible telephone call, please visit:
https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs.

SUPPLEMENTARY INFORMATION:

I. Previous Standards and Programs

Prior to implementation of the NSPIRE rule, there were 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 were 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 were found at
24 CFR 5.703 with the dictionary of individual UPCS deficiencies
contained in a Federal Register notice.\1\
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\1\ 77 FR 47707 (Aug. 9, 2012), https://www.federalregister.gov/documents/2012/08/09/2012-19335/public-housing-assessment-system-phas-physical-condition-scoring-notice-and-revised-dictionary-of.
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II. NSPIRE Rule

On May 11, 2023, HUD published the final rule ``Economic Growth
Regulatory Relief and Consumer Protection Act: Implementation of
National Standards for the Physical Inspection of Real Estate'' (88 FR
30442) to align expectations of housing quality and consolidate
inspection standards across HUD programs.
The rule at 24 CFR 5.709 explains that HUD will publish a notice
establishing the NSPIRE Standards and will subsequently update these
Standards through future Federal Register notices at least once every
three years with an opportunity for public comment. This will provide
further opportunity for the public to examine proposed changes, provide
pertinent comments, and suggest the inclusion of industry best
practices. This three-year Standards development cycle aligns with
cycles used by standards development organizations (SDOs) in the model
building codes and life safety industries. A three-year review cycle
will also allow HUD to be more responsive to the ever-changing public
and assisted housing portfolio and evolving needs and research findings
in the field.

III. NSPIRE Standard Development and Background

The unified NSPIRE Standards will be used to evaluate compliance
with HUD's expectations of housing quality across the distinct programs
governed by the regulatory alignment offered in the NSPIRE rule.
Consistent with the NSPIRE rule, the unified NSPIRE standards
contribute to a unified inspection protocol for three different
overarching programs: programs for housing assisted under the U.S.
Housing Act of 1937 other than section 8 of the Act (``Public
Housing''), programs previously under the Housing Quality Standards
regulations at 24 CFR 982.401 (HQS regulations), and programs already
covered under 24 CFR part 5, subpart G (``Multifamily housing'').
With one exception, CPD programs are not subject to the
requirements or standards issued through this notice. CPD programs used
standards that are replaced by NSPIRE and, consistent with the preamble
to the final rule, HUD will be issuing program-specific notices to
address implementation of NSPIRE Standards for CPD programs. The one
exception involves the Housing Opportunities for Persons with AIDS
(HOPWA) program, which is the only CPD program covered by the statutory
requirement on installation of carbon monoxide detection devices. With
respect to that carbon monoxide detection requirement, the standards
HUD is establishing for units and inside area under this notice also
apply for purposes of the HOPWA program. In all other respects, this
notice and these standards do not apply for purposes of the HOPWA
program.
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:
Are developed according to an evidence-based methodology
that ensures reliability and defensibility;
Prioritize resident health, safety, and functionality of
property features, ensuring that residents are living in habitable
homes;
Promote iterative collaboration and feedback; and
Focus on streamlining inspections processes, ensuring that
standards can be executed consistently across programs.
On June 17, 2022, HUD published a request for comments on a draft
set of NSPIRE Standards, ``Request for Comments: National Standards for
the Physical Inspection of Real Estate and Associated Protocols'' (87
FR 36426) (``proposed NSPIRE Standards notice''); HUD received 80
comments in response to that request for comments. HUD is now
finalizing these Standards with changes based on the feedback HUD has
received. HUD identifies the major changes and particularly pertinent
comments below.

IV. HOTMA Life Threatening List

Under the Housing Opportunity Through Modernization Act of 2016
(HOTMA), as described in the preamble of the NSPIRE proposed rule and
NSPIRE final rule, under the HCV and Project Based Voucher (PBV)
programs, life-threatening deficiencies must be addressed within 24
hours, and all other deficiencies within 30 days or a reasonable longer
period as established by the Public Housing Agency (PHA).\2\ Under
HOTMA, 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.
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\2\ Public Law 114-201, enacted July 29, 2016.
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Consistent with HOTMA, HUD published a list of life-threatening
conditions (``HOTMA LT List'') through Federal Register notice
``Housing Opportunity Through Modernization Act of 2016: Implementation
of Various Section 8 Voucher Provisions'' (82 FR 5458).
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)
(``HOTMA Proposed Rule''), HUD proposed to incorporate this list into
24 CFR 982.401. In the proposed NSPIRE Standards notice, HUD proposed
to instead include the HOTMA LT List in the NSPIRE Standards. HUD
received comments on the HOTMA LT List in both the HOTMA Proposed Rule
and the Proposed NSPIRE Standards notice.

[[Page 40834]]

HUD has chosen to go forward with the proposal in the NSPIRE proposed
Standards notice and includes the HOTMA LT list in these final NSPIRE
Standards.
HUD has included the HOTMA LT List in the NSPIRE Standards and not
in regulation and provides this list as Table 65 of the Standards. HUD
believes that this consolidation is consistent with HUD's goal of
consolidating standards. All NSPIRE Standards apply for the HCV and PBV
programs, except where variant inspection standards apply.\3\ In the
NSPIRE Standards, Deficiencies 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 applies for all PHAs in the HCV
and PBV programs, and not only those choosing to implement the Non-
Life-Threatening provision offered under HOTMA and PIH Notice 2017-20.
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\3\ The rules and procedures for variant standards and alternate
exceptions for the HCV and PBV programs are not changing under
NSPIRE and are recognized at Sec. Sec. 5.705(a)(3) and 5.703(g) of
the NSPIRE final rule.
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HUD received several comments on the HOTMA LT list. HUD carefully
considered each of these comments and specifically discusses two
overarching issues identified by commenters below.
First, commenters recommended local discretion in designating LT
conditions. For example, commenters noted that PHAs in areas with warm
climates may wish to require air conditioners. Commenters also
suggested that PHAs may wish to provide increased specificity for
certain technical aspects of some deficiencies. HUD notes that
additional LT conditions may be added locally by the PHA. This must be
done with HUD approval. HUD further clarifies that while local addition
of LT conditions is allowed, LT conditions established by HUD cannot be
removed at the local level.
Second, commenters stated that the HOTMA LT list should be codified
in the CFR, which would require HUD to use notice and comment
rulemaking to revise the LT list. Commenters stated this would provide
decision-making transparency and opportunity for public input.
The HOTMA LT list will not be codified in the CFR. This approach is
consistent with the prior rule, which allowed for setting standards
through notice. HUD will provide decision-making transparency and
opportunity for public input by developing updates to the Standards
through Federal Register notices with the prior opportunity for
comment. As outlined in 24 CFR 5.709, HUD will publish updates to these
Standards through future Federal Register notices at least once every
three years with an opportunity for public comment. This will allow the
public to examine proposed changes, provide comments, and suggest
changes. This will also allow HUD to more frequently revise the
Standards than rulemaking would allow, thereby allowing for increased
sensitivity to changing technologies and advancing scientific
understanding of building science and public health and safety.

V. Changes and Clarifications to the NSPIRE Standards

After considering comments received on the proposed NSPIRE
Standards notice, feedback received through the NSPIRE demonstration,
and feedback received through input from HUD partners, industry
stakeholders, and the public for development of these final NSPIRE
Standards, HUD is now publishing this Final Standards Notice.
HUD received comments on numerous Standards and deficiencies in
response to the NSPIRE proposed Standards notice. Below, HUD discusses
major changes made from the NSPIRE proposed Standards notice and
discusses some of the comments HUD received. In addition to the broader
comments addressed below, numerous additional technical comments were
received, and those technical comments were integrated into the
revision leading to the final version of the NSPIRE Standards.

Smoke Alarms

Consistent with the NSPIRE Final Rule, the Smoke Alarm Standard
incorporates prescriptive locations for the installation of smoke
alarms. These Standards are consistent with National Fire Protection
Association (NFPA) Standard 72--National Fire Alarm and Signaling Code.
This will introduce new requirements for smoke alarms by requiring
installation on each level and inside each sleeping area. This is
aligned with the incorporation by reference of National Fire Protection
Association Standard 74 or any successor standard thereto (this
successor standard is currently NFPA 72) in the National Fire
Protection Act of 1992 (Pub. L. 102-522; 15 U.S.C. 15557) and of NFPA
72 and successor standards in the Public and Federally Assisted Housing
Fire Safety Act of 2022,\4\ which was enacted after the publication of
the proposed NSPIRE Standards notice. The NSPIRE Smoke Alarm Standard
does not require that the smoke alarm have a sealed battery; however,
upon the effective date of the Public and Federally Assisted Housing
Fire Safety Act of 2022 on December 29, 2024, which is two years after
the date of enactment, sealed batteries will be required.
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\4\ See section 601, ``Public and Federally Assisted Housing
Fire Safety Act of 2022'' of Title VI of Division AA, Financial
Services Matters, Public Law 117-328, 136 Stat. 4459 (2022).
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Commenters raised concern about the cost of installation of smoke
alarms in properties where smoke alarms are not currently installed.
HUD believes that smoke alarms are essential to resident safety, to
prevent death and injury, and therefore smoke alarms are critical to
the NSPIRE inspection process. Additionally, smoke alarms are required
by federal law (Public and Federally Assisted Housing Fire Safety Act
of 2022). For further discussion on smoke alarms, please see additional
comments and responses in the Final Rule and see the RIA for analysis
of the benefits and costs of this change in smoke alarm inspections.

Carbon Monoxide Alarms

The Final Carbon Monoxide Alarm Standard incorporates statutory
requirements \5\ for HUD Housing to contain carbon monoxide detectors
either in compliance with chapters 9 and 11 of the 2018 International
Fire Code (IFC) published by the International Code Council, or to
comply with the standards adopted by HUD through notice. As such, there
was a significant change from the proposed Carbon Monoxide Alarm
Standard in the Final Carbon Monoxide Alarm Standard regarding the
``Inside Area'' \6\ location. Classrooms are no longer included in the
Standard as an affirmative requirement for the installation of alarms
because the statute limits the requirement to install carbon monoxide
detectors to units, which HUD interprets to allow HUD to require carbon
monoxide detectors in units or in Inside Areas where such installation
protects the Unit from potential sources of carbon monoxide originating
from outside the unit. This Standard is substantively consistent with
chapters 9 and 11 of the 2018 IFC, and HUD is not adopting an alternate
standard.
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\5\ 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).
\6\ As discussed in other documents, ``Inside Area'', as well as
``Units'' and ``Outside area'' are the three areas of inspection.
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The Final NSPIRE Rule requires compliance with HUD carbon monoxide
standards in both the Inside Area and

[[Page 40835]]

the Unit. Deficiency 1 addresses both the Inside Area and Unit
requirement. Deficiency 1 is categorized as a ``Unit'' deficiency
because deficiencies will be counted per affected unit.
A commenter suggested that the CO requirement and related
inspection Standard go out as a separate rulemaking.
As discussed further in the NSPIRE Final Rule, because these
conforming rule changes merely codify a new statutory requirement, HUD
has determined that additional notice and public comment is
unnecessary.
A commenter inquired if carbon monoxide detectors would be required
if there were a fuel-burning appliance or fuel-burning fireplace
outside, in areas not connected to the unit.
In limited circumstances, if there are communicated openings to the
unit, a fuel-burning appliance or fireplace outside the unit may
trigger the CO detector requirement. However, in most circumstances, CO
detectors will only be required if the fuel burning appliance or
fireplace is directly attached to or within the unit or if an
unventilated garage is attached to the unit. HUD emphasizes that if
there is an attached, unventilated garage, CO detectors are required,
even if there is not a fuel-burning appliance or fuel-burning fireplace
in the unit or building.

Door--Entry

The severity level for unit entry door has been elevated to Life-
Threatening. Although a unit entry door may not be a fire labeled door,
it may still offer some level of protection from fire and smoke during
the outbreak of a fire. The presence of a non-fire-labeled unit entry
door provides residents with an opportunity to shelter in place while a
fire is extinguished or be rescued by emergency personnel. The health
and safety risk to a resident occupying a unit missing an entry door
during a fire could rise to the level of Life-Threatening.
Additionally, a missing unit entry door may negatively affect the
physical safety and security of resident.

Egress

Deficiency criteria for this Standard have been changed to assure
alignment with state and local code requirements for egress. The
Standard now aligns with those requirements by requiring bedroom window
egress only for units in the building's 3rd level and below, and living
room windows are not considered egress for the purposes of this
Standard, unless there is a fire escape present.

Electrical--Conductor

Commenters suggested that a missing lightbulb should not be
considered a Life-Threatening condition, noting that this is a commonly
encountered condition that is readily remedied (for example, by placing
a new lightbulb in the socket).
Given that a missing lightbulb has not been identified as a
systemic safety concern in the most recent research in residential
electrical safety, a missing light bulb will not be cited as an exposed
conductor. However, a missing light bulb may be cited under the
Lighting--Interior Standard as an inoperable fixture if a light bulb is
not installed during the inspection to demonstrate the fixture is in
proper working condition.
The unprotected outlet Deficiency (``An unprotected outlet is
present within six feet of a water source'') was moved from the
Electrical--Outlet and Switch Standard to the Electrical--Ground-Fault
Circuit Interrupter (GFCI) or Arc-Fault Circuit Interrupter (AFCI)--
Outlet or Breaker, and GFCI is now specified as a requirement,
following the Final NSPIRE Rule. This was for clarity of presentation
of the Deficiencies and to assure compliance with the Final NSPIRE
Rule.
The Electrical--Outlet and Switch Standard and the Electrical--
Conductor Standard, which were separate in the proposed Standards, have
been combined into a single Standard for the Final Standards Notice:
Electrical--Conductor, Outlet, and Switch. This was for clarity of
presentation of the Deficiencies. A Deficiency has been added to that
final Standard, ``Water is currently in contact with an electrical
conductor'' due to the shock and fire risks associated with this
condition.
A commenter expressed concern that, with a ``Leak'' deficiency in
the ``Electrical--Conductor'' Standard, remnant water stains (and not
active leaks) may be cited as a deficiency, and suggested that only
currently active water stains should be cited. The commenter also noted
that certain electronic components are designed to be used in wet
locations. Furthermore, the commenter stated that there is already a
Leak Standard, that is not specific to leaks near electrical
components.
HUD agrees with these comments and has clarified the definitions to
state that only active leaks are to be cited, and that leaks near a
component confirmed to be waterproof would not be cited. HUD clarifies
that a leak cited under this deficiency will not also be cited under
the ``Leak'' deficiency.
A commenter noted that there are existing local or state
jurisdictions that already have requirements for electrical safety.
HUD emphasizes that local code requirements must be met for all
HUD-assisted housing. Please see HUD's discussion below, under `
``Safe'' Drinking Water,' on superseding local code.

Fire Labeled Doors

The Fire Labeled Door Standard includes deficiency criteria
specific to these types of doors where present. The deficiencies
include function and operability criteria critical to the function of
these fire safety components where present in buildings.
A commenter suggested that the Fire Door Standard should only apply
if there is already an existing fire door (or doors), and that there
should not be an affirmative requirement for Fire Doors in HUD assisted
housing.
HUD agrees that the Fire Door Standard should only apply for Fire
Doors that are already present and is taking this opportunity to
emphasize that under NSPIRE Fire Doors will not be a new affirmative
requirement. HUD believes that Fire Doors are essential to resident
safety, to prevent death and injury, and therefore Fire Doors that are
present will be inspected under NSPIRE and where present must operate
effectively to reduce risk of death or injury due to fire and related
hazards.
A commenter stated that the Fire Door inspection may require
additional technical training for inspectors and inquired about
technical requirements for inspectors to inspect fire doors.
HUD acknowledges the technical training and educational
requirements necessary to assess Fire Doors. Training required for this
inspection will be provided. NSPIRE Inspectors would not be performing
a technically exhaustive Fire Door inspection themselves and would
receive training as to when to refer potential issues to an
appropriate, technically trained and proficient individual.

Graffiti

The Graffiti Standard has been removed. In the proposed NSPIRE
Standards, HUD had carried Graffiti through from prior versions of HUD
inspection Standards. A commenter on the proposed Standards pointed out
that Graffiti does not have a clear health and safety risk. HUD has
reviewed this Standard and believes that it is unnecessary and
therefore is removing it from the NSPIRE Standards.

[[Page 40836]]

Guardrails

The Guardrail Standard includes 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.
A commenter raised concern about the cost of installation of
guardrails in properties where guardrails are not currently installed.
HUD believes that guardrails are essential to resident safety, to
prevent death or injury from falls, and therefore guardrails are
critical to the NSPIRE inspection process. Guardrails are commonly
required in local codes and therefore are an existing requirement under
those local codes. Therefore, for many localities, this will not be a
new requirement, and therefore this is not expected to have a material
cost, under the NSPIRE rule. Please see the Final Rule's RIA for
further explanation and analysis.

Handrails

The Handrail Standard includes a deficiency for handrails that are
not functionally adequate and cannot reasonably be grasped by hand to
provide stability or support when ascending or descending stairways.
The Handrail Standard also includes a new deficiency for stairs
where no handrail is present and there is no evidence of previous
installation. This deficiency is different from the deficiency for a
missing handrail where there is evidence of previous installation. This
deficiency will not be scored and there is no requirement for a
correction. Given the significant health impacts resulting from trip
and fall injuries, it would still benefit properties to address these
risks expeditously. The data from this deficiency will be monitored and
an affirmative requirement for handrails will be considered for the
standards in future rule making.

Infestation

The Infestation Standard includes deficiencies based on discrete
levels of observed conditions, and refinement of the associated Health
and Safety categorizations.
Commenters discussed adverse health outcomes attributable to
infestation in the home and asserted that there are conditions in the
home related to infestation that should be categorized as Life-
Threatening. While some infestation deficiencies would be expected to
have severe impacts on health and safety of the resident--for example,
the documented effect of cockroaches on asthma--pest infestations are
not documented to be life-threatening per the NSPIRE definition (i.e.,
presenting ``a high risk of death to the resident'').
Commenters suggested that the Correction Timeframe should not be
based on eradication of the pests, but should be based on initiation of
an appropriate pest management plan. That is, all pests would not need
to be eradicated within the Correction Timeframe, but the POA should
have an appropriate pest management plan implemented within the
correction timeframe.
HUD confirms that initiation of an appropriate pest management plan
meets the requirement for correction, with the understanding that,
while pests may still be present at the start of the pest management
plan, they will be managed through the pest management plan. On-going
implementation of an appropriate pest management plan (i.e., a pest
management plan documented and initiated prior to the inspection) will
also satisfy this condition. Within the correction timeframe,
documentation must be provided for the pest management plan, and this
documentation must include: start date of the plan; servicing schedule;
methods of pest monitoring, managing and treatment; and other factors
as determined by HUD, the PHA, and/or other relevant authority.
Integrated Pest Management (IPM) is strongly encouraged; IPM, broadly
stated, uses prevention-based pest management methods, with a focus on:
Identifying and correcting building conditions that
contribute to infestation;
Reducing use of pesticides (especially routine or
untargeted pesticide application);
Modification of hygiene and sanitation practices in and on
the property; and
Assessment and on-going monitoring to assure appropriate
interventions as needed.
A commenter suggested that additional pest species should be
included in the Infestation Standard including ants, spiders, fleas,
raccoons, squirrels, and snakes.
The presence of any pest (i.e., an animal or animals with potential
impacts on resident health and safety) would constitute evidence of an
infestation and therefore be counted as a deficiency. The presence of
rats, mice, cockroaches, and bed bugs specifically are each identified
as separate deficiencies because they are common forms of infestation
that present certain health risks and challenges that HUD wishes to
identify specifically. This is not intended to be a complete list of
pests, and additional pests are noted in the ``other pests'' Deficiency
of the Infestation Standard. Therefore, those pests identified by the
commenter are covered under the Infestation Standard and would
constitute a deficiency if present.

Mold-Like Substance

The Mold-Like Substance Standard includes deficiencies based on
discrete levels of observed conditions and a ventilation or
dehumidification requirement for bathrooms to reduce conditions
conducive to mold growth. The Deficiency ``Presence of mold-like at
very low levels is observed visually'' has been removed, as concerns
were raised with regards to move-in for HCV programs (presence of LT
conditions prevents move-in for HCV residents).
Commenters discussed adverse health outcomes attributable to mold
in the home and asserted that there are conditions in the home related
to mold that should be categorized as Life-Threatening.
HUD agrees that certain Mold-Like Substance conditions should be
considered Life-Threatening. Presence of Mold-like Substance at
extremely high levels in the Unit is considered a Life-Threatening
Deficiency.
A commenter asked whether the ventilation Deficiency in the Mold-
Like Substance Standard includes an affirmative requirement for
mechanical ventilation, a window (in the bathroom), or a dehumidifier.
For this Standard and Deficiency, HUD is not being prescriptive as
to the means of reducing humidity in a bathroom. This requirement may
be met by one or more of the methods noted by the commenter (mechanical
ventilation, an openable window, a dehumidifier); however, other means
may also be employed to reduce the humidity below levels conducive to
mold growth.
A commenter suggested that using instrumentation such as moisture
meters and infrared cameras would add to the time it would take to
perform the inspection, and that use of the equipment would require
technical training.
HUD believes that any increased inspection time would be warranted
by the increased attention to critical health and safety hazards
related moisture and the subsequent benefits due to the identification
and correction of those hazards. Please see the RIA for further
analysis.
HUD clarifies that these instruments (moisture meters, IR cameras)
are for use

[[Page 40837]]

by inspectors with specific training in use of those devices.
A commenter asked if HUD would provide training for mold-related
inspection devices. HUD will not provide training for moisture meters
or IR cameras, but training is available from other sources.
A commenter stated that moisture may be due to resident activities
(e.g., varying use of vents, fans, or air conditioners to reduce
moisture and humidity) and that moisture and humidity vary across
climate zones, and that this variability would raise concerns about
general applicability of a moisture-related Standard.
Tenant activities will be covered in the administrative notice.
Also, ambient/air moisture (i.e., humidity) would not be covered under
a moisture deficiency; the moisture deficiency is solely limited to
building components.
A commenter expressed concern that use of instruments that would be
predictive of mold risk may lead to an increase in the number of cited
deficiencies that are not directly health and safety concerns, and that
this may discourage landlord participation in HUD programs and
subsequently decrease housing availability. A commenter also suggested
that, due to the predictive nature of the deficiency (that is, the
deficiency does not appear to cite a health or safety deficiency, but
the potential for such a future deficiency) and associated uncertainty
(including due to technical ability of the instrument user), this
assessment might not provide a clear health benefit to the resident,
while decreasing landlord participation and associated housing
availability.
The moisture meter will be used to record values for moist surfaces
that have already been visually identified as apparently moist by
visual assessment. Increased interior building moisture is a condition
conducive to fungal growth, with associated respiratory health
outcomes. This usage will also provide data for further assessment of
use of moisture meters in NSPIRE inspections.
A commenter expressed concern that recommending (and not requiring)
a tool would introduce increased variability of inspection outcomes, as
some inspectors may carry that particular piece of equipment (IR
Camera, in this case), whereas other inspectors may not.
IR Cameras are optional and will not be used on their own to cite a
deficiency. If a thermal anomaly is observed using an IR camera, the
moisture meter must be used to confirm whether there is elevated
moisture present. IR camera cannot be used by itself.
A commenter stated that use of moisture meters and IR cameras could
be an effective proactive assessment of potential health hazards.
HUD agrees that use of moisture meters and IR cameras would, with
proper implementation, be expected to increase the health and safety
related conditions of housing by adding to the available information
related to conditions that are conducive to mold growth.

Potential Lead-Based Paint Hazards Visual Assessment

The Potential Lead-based Paint Hazards Standard includes 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. The Final Standard is unchanged from
the proposed Standard; however, the administrative notice will include
updated inspection processes for this Standard.

Sprinkler Assembly

The Sprinkler Assembly Standard includes deficiencies based on
discrete levels of observed conditions, and refinement of the
associated Health and Safety categorizations. Small flecks of paint
will not be cited as a Deficiency in the Final NSPIRE Sprinkler
Assembly Standard. Corrosion has been added as a separate Deficiency in
the Final Standard. These changes were based on assessments of the
respective safety risks of these conditions.

Structural System

The Structural System Standard includes a deficiency that captures
signs of serious structural collapse and may threaten resident safety.
This is different from UPCS, as serious structural deficiencies in UPCS
were spread across the various building components (e.g., Foundations,
Storm Drainage, Walls), whereas NSPIRE combines them into a single
Standard. Structural deficiencies were also included in HQS, and as
with UPCS were included as deficiencies specific to various building
components, for interior conditions (ceiling, wall, or floor) and the
building exterior (stairs, rails, porches, roof and gutters).\7\
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\7\ HUD Form 52580A, https://www.hud.gov/sites/dfiles/OCHCO/documents/52580A.PDF.
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A commenter asked about the technical qualifications required to
assess structural systems.
HUD acknowledges the technical training and educational
requirements to assess structural systems. Training required for this
inspection will be provided. NSPIRE Inspectors will not be making
structural stability assessments and would receive training as to when
to refer potential structural systems issues to an appropriate,
technically trained and proficient individual.

Address and Signage

HUD received a comment raising concern about potential cost of
installation of address and signage (``address signage'') on buildings
where address signage is not currently installed.
HUD believes that adequate address signage is essential to resident
safety, to assure that emergency services can quickly and efficiently
find sites within a property, and therefore adequate signage is
critical to the NSPIRE inspection process. HUD notes that Project Signs
were required to be legible under the previous UPCS Standards.\8\
Please see the Final Rule's RIA for further analysis.
---------------------------------------------------------------------------

\8\ UPCS included the following deficiency: ``Deficiency: The
project sign is not legible or readable because of deterioration or
damage. Level of Deficiency: Level 1: The sign is damaged,
vandalized, or deteriorated, and cannot be read from a reasonable
distance (for example, 20 feet).'' 77 FR 47707, 47739.
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Electrical--GFCI or AFCI--Outlet or Breaker

Commenters raised concern about the cost of installation of GFCIs
in properties where GFCIs are not currently installed.
HUD believes that GFCIs are essential to resident safety, to
prevent death and injury, and therefore GFCIs are critical to the
NSPIRE inspection process. GFCIs are commonly required in local codes
and therefore are an existing requirement under those local codes.
Therefore, for many localities, this will not be a new requirement.
Please see the Final Rule's RIA for additional explanation and analysis
of the benefits and costs associated with this Deficiency.
A commenter stated that using instrumentation would add time to the
inspection, and also add the additional cost of that instrumentation.
HUD believes that any increased inspection time would be warranted
by the increased attention to critical health and safety hazards in the
inspection and the subsequent benefits due to the identification and
correction of those hazards. HUD believes that any increased inspection
burden due to increased instrumentation requirements would be minimal
and would be warranted by the increased attention to electrical hazards
due to unprotected outlets, which is a critical safety

[[Page 40838]]

condition of the home, and the subsequent benefits due to the
identification and correction of such hazards in the residence.
A commenter suggested the word ``unprotected'' be clarified. HUD
has clarified that ``Unprotected'' in the GFCI Standard refers to an
outlet that is not GFCI protected.
A commenter noted that there are local or state jurisdictions that
already have requirements for electrical systems, including for GFCI.
HUD notes that this would similarly be the case for nearly all
NSPIRE Standards, as there are analogous state or local code
requirements to the NSPIRE Standards. Please see the discussion below,
under ` ``Safe'' Drinking Water', regarding superseding local code.
A commenter suggested that HUD should explicitly state that
inspectors are allowed to use either a receptacle tester with a GFCI
test button or the integral device tester during the inspection
process, and that HUD should not prescribe a specific tool that
inspectors must use, but rather include a list of tools that meet
industry standards.
HUD will allow use of either a receptacle tester with a GFCI test
button or the integral device tester during the inspection process. HUD
does not plan to prescribe a specific tool that inspectors must use but
will include a list of tools that meet industry standards.

Fire Extinguisher

A commenter asked if tenant-owned Fire Extinguishers would be
inspected. Tenant-owned fire extinguishers will not be inspected under
NSPIRE.

Window

A commenter stated that it was not clear if window screens that are
missing or damaged would be a deficiency.
If window screens are present and are damaged, this is an NSPIRE
Deficiency. Window screens are not a new affirmative requirement.
However, if window screens are present, they must be functional, and if
there is evidence that window screens were previously installed in a
location, the window screen must be present.

Playgrounds

A commenter asked why there are not Standards for playgrounds in
NSPIRE. Though not specifically limited to playgrounds, there are
current NSPIRE Standards which would apply to playgrounds. For example,
Trip Hazard and Sharp Edges, would apply to playgrounds.

Overgrown Vegetation

A commenter asked if overgrown vegetation would be inspected for.
There is not an overgrown vegetation deficiency or Standard per se in
NSPIRE; however, if the overgrown vegetation is causing an NSPIRE
Deficiency, for example by damaging roofing or siding materials, it
must be addressed. Also, vegetation management may be a component of an
IPM plan. NSPIRE's focus is on hazards in the unit. An IPM plan,
triggered by a pest deficiency, can include modifications to the site.
PHAs and Owners should work with an IPM consultant to tailor the IPM
inspection and control plan to the property. Additionally, property
owners must follow all local requirements, including those for
vegetation management, such as for nuisance or overgrown vegetation.

General Comments

HUD also received comments on general topics including increased
on-site inspection time due to the new Standards, tenant-caused damage
(including resident housekeeping), tenant-owned property, and the
status of ``non-industry standard'' (NIS) repairs.
HUD believes that any increased inspection time would be warranted
by the increased attention to critical health and safety hazards in the
inspection and the subsequent benefits due to the identification and
correction of those hazards. Please see the Final Rule's RIA for
further explanation and analysis. Tenant-caused damage and tenant owned
property will be discussed in the administrative notice.
A ``non-industry standard'' (NIS) designation is not included in
NSPIRE. NSPIRE allows that there may be interim repairs that remove a
health and safety hazard even though those repairs are not permanent;
for example, a missing GFCI can have an interim repair such as blank
cover plates. Such interim repairs must be fully repaired within a
reasonable timeframe approved by HUD or a designee (such as a PHA).
Interim repairs are not required to be aesthetically pleasing or
conforming to other aspects of the building and HUD acknowledges that
such repairs may have salient qualities \9\ that disproportionately
attract attention, but if the interim repair effectively removes the
health and safety hazard until full repair is performed and if full
repair is completed within the required timeframe, then the interim
repair is acceptable under NSPIRE. If the interim repair is implemented
prior to the inspection, the timeline for full repair begins at the
time of inspection, without regard to the time of the initial, pre-
inspection implementation of the interim repair.
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\9\ See Bordalo P, Gennaioli N, Shleifer A. 2021. Salience.
Annual Review of Economics 14, PDF available at: https://scholar.harvard.edu/files/shleifer/files/salience.12.12.2021.pdf.
---------------------------------------------------------------------------

``Safe'' Drinking Water

Commenters raised concern that including drinking water in the
NSPIRE inspection would add to the inspection process (and time
required for the inspection) and that another federal agency (EPA) and
state and local entities already perform oversight of drinking water,
and that a separate entity from the POA or PHA supplies the water and
maintains the pipes, and that the technical and administrative burdens
may be too much and that this inspection process may not be technically
feasible given the training that may be required for water testing or
evaluation of water quality documentation, and also that private well
water is not currently regulated and it is unclear how private well
water would be affected by this regulatory change.
HUD will not inspect for water quality per se. The NSPIRE safe
drinking water component will only entail (1) visual inspection for
lead service lines and (2) assessment (via an information request, not
physical inspection) if there has been a water outage or water alert
and the response, if an outage or alert has occurred. This is solely
for the purpose of data collection and will not be scored. This will be
covered in more detail in the administrative notice.
Several commenters noted that there are local and state codes and
requirements for drinking water, and that HUD should not supersede
those codes.
HUD confirms that HUD inspection Standards do not supersede local
or state code, law, or regulation. The property must meet all
applicable property condition standards under Federal, state, and local
law. Conforming to HUD inspection Standards does not put the property
at risk of violating local or state code, law, or regulation. HUD
Standards may exceed local or state requirements, but they do not
contradict those local or state requirements. Where local or state
codes, laws, or regulations exceed HUD Standards, the property must
comply with the most stringent applicable standards.
A commenter raised the concern that property owners may not be
knowledgeable with regards to current local water alerts or the public
water

[[Page 40839]]

system serves their property, and that this may delay the lease-up
process.
HUD believes that adequate levels of technical proficiency can be
achieved with appropriate training. HUD believes, given that property
owners manage their water bills, that they are aware of the identity of
their local water provider.

Heating Ventilation and Air Conditioning (HVAC)

Commenters recommended that HUD use the International Energy
Conservation Code (IECC) and the American Society of Heating,
Refrigerating and Air-Conditioning Engineers (ASHRAE)'s Climate
Classification for Building Energy Codes and Standards.\10\ This
climate map is also used by Energy Star (US EPA) and includes eight
climate map designations based on temperature and precipitation.
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\10\ Briggs RS, ZT Taylor, and RG Lucas. 2003. ``Climate
Classification for Building Energy Codes and Standards.'' PNNL-SA-
37941, prepared by Pacific Northwest National Laboratory (PNNL). A
version of this map may be found in Antonopoulos, C., T. Gilbride,
E. Margiotta, and C. Kaltreider. Guide to Determining Climate Zone
by County: IECC and Building America 2021 Updates. Richland WA:
Pacific Northwest National Laboratory. PNNL-33270. U.S. Department
of Energy.
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HUD appreciates the technical quality of the suggested document;
however, it does not include all jurisdictions covered by NSPIRE (it
only includes U.S. States, and therefore Puerto Rico, Guam, U.S. Virgin
Islands, American Samoa, and the Commonwealth of Northern Mariana
Islands are not covered by it). HUD will require permanent heating
sources in all locales except for Hawaii, Puerto Rico, Guam, U.S.
Virgin Islands, American Samoa, and the Commonwealth of Northern
Mariana Islands; this follows the International Energy Conservation
Code (IECC). Those localities where permanent heating sources will not
be required are Tropical (per IECA designation).
A comment provided that there are local or state jurisdictions that
already have requirements for heating and cooling and recommended
deference to local code.
HUD notes that this would similarly be the case for nearly all
NSPIRE Standards, as there are analogous state or local code
requirements to the NSPIRE Standards. Please see HUD's discussion
above, under ` ``Safe'' Drinking Water', on superseding local code.

Permanently Installed Heating Source

A commenter suggested that minimum temperature requirements should
only apply in ``heating months of the year,'' depending on location in
the US, and suggested that HUD use the International Energy
Conservation Code (IECC) and the American Society of Heating,
Refrigerating and Air-Conditioning Engineers (ASHRAE)'s ``Climate
Classification for Building Energy Codes and Standards.''
HUD notes that while the NSPIRE inspection might not be performed
at a time of the year when the resident would require heating, adequate
heat in the dwelling must be available when required, and the NSPIRE
inspection must be performed when scheduled, even if that inspection is
not performed when, for example, heat would be required in the
dwelling. Therefore, the inspection requirements must be applicable at
the time of inspection.
A commenter raised concern about the additional time (relative to a
UPCS inspection) this might require.
HUD believes that any increased inspection time would be warranted
by the increased attention to housing temperature, which is a critical
health condition of the home, and the subsequent benefits due to the
identification and correction of temperature related hazards.
A commenter noted that people with disabilities may have heating or
cooling requirements that are above and below those of many other
housing residents.
HUD acknowledges that some residents may have temperature needs
that are above or below those that are established in NSPIRE and that
housing providers must provide for these temperature needs for tenants
with disabilities as a reasonable accommodation. This may be dealt with
administratively, for example by a Database Adjustment.
A commenter stated that there are local or state jurisdictions that
already have requirements for heating and cooling.
HUD emphasizes that local code requirements must be met for all
HUD-assisted housing. Please see HUD's discussion above, under `
``Safe'' Drinking Water', on superseding local code.
A commenter noted that maintaining appropriate temperatures is a
fire safety issue, in addition to a direct health risk and a direct
influence on quality of life. For example, when a unit is not able to
be adequately heated to safe and comfortable levels, tenants will
necessarily utilize other, often more dangerous means to heat their
homes.
HUD agrees that heating requirements address fire safety concerns
as well as health concerns.
Commenters noted that tenant choice may affect the point-in-time
temperature measurement in a Unit (i.e., the tenant may choose to have
the Unit be colder or warmer than a given requirement), and therefore
testing operability (and not indoor air temperature) of the HVAC
equipment would be the better inspection methodology.
This will be covered in the administrative notice. Temperature
measurement processes and protocols will be based on IPMC 602 Heating
Facilities (2021) \11\ and PIH Notice 2018-19.\12\
---------------------------------------------------------------------------

\11\ Chapter 6 Mechanical And Electrical Requirements, 2021
International Property Maintenance Code (IPMC) [verbar] ICC Digital
Codes (iccsafe.org), https://codes.iccsafe.org/content/IPMC2021P1/chapter-6-mechanical-and-electrical-requirements#IPMC2021P1_Ch06_Sec602.1.
\12\ Available at: https://www.hud.gov/sites/dfiles/PIH/documents/PIH-2018-19HOTMA_HeatingStandardsNoticeFinal_rev.pdf.
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A commenter asked about technical instrumentation, including the
need for calibration of thermometers, and effects of location where the
temperature is determined (e.g., different locations in a building or
unit will have different temperatures).
Proper training, including for calibration and for determining
location of temperature measurements, will be available for inspectors.
A commenter stated that there would be additional burden on the
inspector to carry additional equipment (i.e., a thermometer).
HUD believes that any increased inspection burden due to increased
instrumentation requirements will be minimal and will be warranted by
the increased attention to housing temperature, which is a critical
health condition of the home, and the subsequent benefits to the
resident due to the identification and correction of temperature
related hazards in the residence.

Definition of Permanently Installed Heating Source

Commenters suggested that ``permanent'' be contrasted with
``temporary'' or ``portable'', and that ``permanent'' would have a
``hard'' mounting and would be directly wired to a power source or on a
dedicated breaker. A commenter suggested that HUD should define
``permanently installed heating sources'' as heating sources that are
attached to the building (i.e., secured and not portable). A commenter
suggested that the definition should include central systems, baseboard
heating, and permanently affixed in-wall units. A commenter noted that
the International Property Maintenance Code (IPMC) does not define
``permanently installed heating

[[Page 40840]]

facilities,'' but does list items that may not be considered compliant
with the heating facility requirement; excluded items are ``cooking
appliances,'' ``portable unvented fuel-burning space heaters,'' and
``one or more portable space heaters.'' A commenter stated that
``permanently installed heating sources'' could be defined as having a
``hard'' mounting or attached to a building and one that is directly
wired to a power source on a dedicated breaker, which would allow for a
different definition between permanent and temporary.
HUD agrees with the comments that a permanent heating source should
be neither temporary nor portable and should be directly wired to the
building's power source. HUD agrees that Permanent Heating Sources
should include central systems, baseboard heating, and permanently
affixed in-wall units. HUD agrees that Permanent Heating Systems should
not include cooking appliances or portable heaters. HUD agrees that
power source on a dedicated breaker is a part of the definition and
though that specific wording is not specifically designated, ``safely
connected to the unit or building electrical system'' is specified and
HUD believes that this is inclusive of the suggested language.
Additionally, HUD states in the comment responses in the final
NSPIRE rule that a fireplace would not be considered a permanent
heating source, and that permanent heating sources are: typically
specified as being self-fueled; permanently affixed within the unit or
building; safely connected to the unit or building electrical system;
thermostatically controlled by the unit or building; and appropriate
for the size of the unit.
These comments have been incorporated into the definition of
``Permanent Heating Source'' that is provided in the NSPIRE Heating,
Ventilation, and Air Conditioning (HVAC) Standard.

Unvented, Fuel-Burning Space Heaters

Multiple commenters reiterated the critical health risks of
unvented space heaters. A commenter stated that space heaters may
impact the internal thermometers of a building and thereby cause some
areas to be underheated or some areas to be overheated; this will cause
the inefficient heating of a building and will cause energy to be
wasted, thereby impairing the energy efficiency of buildings.
A commenter stated that space heaters per se are permitted in some
jurisdictions and recommended that HUD should take that into
consideration in order to avoid adversely affecting the HCV program in
some localities.
HUD acknowledges that tenants may be using their own space heaters.
HUD reiterates the critical health and safety risk of unvented fuel-
burning space heaters and emphasizes the prohibition of unvented space
heaters.

Correction Timeframes for Severe (Non-Life Threatening) Deficiencies

Commenters recommended that, ideally, correction timeframes would
be addressed directly in the Standards, but also acknowledged that this
may not always be possible and that, while administrative processes may
not be the most efficient way to adjust correction times, it is
sometimes the only option. Commenters suggested that HUD define an
administrative process wherein an owner may request additional time to
make repairs for good cause, with defined criteria for what constitutes
good cause. A commenter stated that, for numerous reasons (e.g., supply
chain disruption, labor availability, season/outdoor weather) repairs
may not be possible within the required timeframes.
HUD agrees that, where possible, correction timeframes should be
addressed in the Standards notice, but also agrees that an
administrative process for determining a correction timeframe is
necessary under certain circumstances. Therefore, HUD will include
correction timeframes for each deficiency in the Standards, but will
also provide the opportunity to adjust those timeframes when necessary
via administrative procedure. This will be discussed in the
Administrative Notice.
HUD also notes that temporary relocation of residents is also an
option if appropriate repairs cannot be performed in the required
timeframe. Additionally, as discussed above, appropriate interim repair
may be allowable, if the safety and health hazard is sufficiently
corrected such that they no longer pose a severe health or safety risk
to residents of the property, or that the hazard is blocked until
permanent repairs can be completed. Interim repair does not remove the
requirement for timely and full repair of the Deficiency.

The Effect of the NSPIRE Standards on Participation in HUD's Programs

For all the above changes, HUD also sought comments on whether
those proposed requirements, as applied to all covered housing, would
substantially narrow the pool of available rental housing for families
participating in HUD's programs.
A commenter asserted that the changes may limit housing
availability if they exceed local requirements. Commenters also noted
that regulatory requirements, including inspection Standards, may
discourage landlords from participating in voucher programs. Commenters
stated that the correction timeframes may discourage landlord
participation, and that exemptions or different time frames for natural
disasters, tenant/resident caused damage, season (e.g., for painting
outside), and labor or material constraints (including supply chain
disruption) could mitigate this potential discouragement.
Commenters stated that housing conditions should be the same with
regards to health and safety conditions for all housing, and that
conditions such as mold and pest infestations, among other conditions,
would not be tolerated in people's homes and that the safety, well-
being and dignity of all must be maintained.
A commenter expressed concern that HUD appears to be loosening
standards for landlords through extending response timeframes. A
commenter noted that property owners receive funds to provide decent,
safe and healthy housing, and they can obtain additional funds to
remedy substandard conditions, and therefore that the new NSPIRE
Standards should be achievable.
HUD appreciates and acknowledges the concerns and comments that
were provided and believes that the focus on health and safety will
benefit residents and property owners. Additionally, inspections may
provide property owners and agents with a critical opportunity they
might not otherwise receive to examine the conditions of their units
and provide assurance that health and safety standards are being
met.\13\ HUD has included consideration of potential constraints on
housing availability when developing the NSPIRE Standards and believes
that the NSPIRE Standards are achievable. The RIA for the final rule
includes analysis of the costs and benefits associated with the NSPIRE
rule.
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\13\ Nisar et al, 2018. Landlord Participation Study; HUD/PD&R,
available at: https://www.huduser.gov/portal/sites/default/files/pdf/Landlord-Participation-Study-Final-Report.pdf.
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VI. The NSPIRE Standards

As explained in the background section of this notice, previous
versions of the NSPIRE Standards have been published to and are
archived on the HUD website. For the proposed NSPIRE Standards notice,
HUD sought comment on Version 2.2 of the NSPIRE Standards and made them
available for review via

[[Page 40841]]

the NSPIRE web page on the HUD website.
The final NSPIRE Standards are available at: https://www.hud.gov/sites/dfiles/PIH/documents/6092-N-05nspire_final_standards.pdf.
In addition to the NSPIRE Standards themselves, there have also
been revisions to the Health and Safety category titles and those
revisions are as follows:
1. The ``Severe Non-Life-Threatening'' category is now titled
``Severe'';
2. The ``Standard'' category is now titled ``Moderate''; and
3. The ``N/A'' or ``Advisory'' category is now titled ``Low''.
Originally, HUD intended Advisory deficiencies to act as warnings
to the property of issues which may rise to the level of a Moderate
deficiency if unaddressed. Therefore, in the proposed Standards,
Advisory deficiencies did not have a correction timeframe. Upon further
consideration, however, HUD determined that these deficiencies still
represent conditions that should be repaired, and therefore renamed
``Advisory'' to ``Low'' and, in ``Request for Comments: National
Standards for the Physical Inspection of Real Estate and Associated
Protocols, Proposed Scoring Notice'' \14\ (``the proposed Scoring
notice''), HUD proposed a relatively small point deduction for Low
deficiencies. In these final Standards, HUD is also adding a 60-day
correction timeframe to these deficiencies.
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\14\ 88 FR 18268 (April 27, 2023).
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Additionally, the Infestation, Mold-Like Substance, and Potential
Lead-Based Paint Hazards--Visual Assessment Standards will include
Deficiencies that are scored at the Life-Threatening level point
deduction,\15\ despite being defined in the Severe H&S category. These
Severe Health and Safety Deficiencies do not present risks consistent
with the Life-Threatening definition, but they do present chronic
health risks that are distinct from the other Severe Health and Safety
Deficiencies. This chronic health risk category includes deficiencies
that, if evident in the home or on the property, present a high risk of
causing or exacerbating a chronic and severe health condition; severe
health conditions include permanent disability or serious illness. This
includes cases in which the harm has a likelihood of accruing
irrevocably in under 24 hours and may also include risks due to longer
term exposure. This category does not define an additional risk ranking
or correction timeframe; it is a sub-category to be used for scoring.
---------------------------------------------------------------------------

\15\ See the proposed Scoring notice for more information.
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There have also been changes in the presentation of information
with the Standards. 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 NSPIRE 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. Commenters noted that rationales were not provided in the
version of the Standards provided with this notice. The rationales for
the Standards and associated deficiencies will be available on HUD's
Client Information Policy Systems (HUDCLIPS): https://www.hud.gov/guidance.

VII. Environmental Review

A Finding of No Significant Impact (FONSI) with respect to the
environment has been made in accordance with HUD regulations at 24 CFR
part 50 which implement section 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)(C)). The FONSI is available
through the Federal eRulemaking Portal at https://www.regulations.gov.

Adrianne Todman,
Deputy Secretary.
[FR Doc. 2023-13293 Filed 6-21-23; 8:45 am]
BILLING CODE 4210-67-P