HUD - Lead Safe Housing Rule

-1HUD Lead Safe Housing Rule, 24 CFR 35, subparts B through R,
reflecting changes made by the technical amendment issued June 21, 2004
(69 Federal Register 34262-34276).
TITLE 24--HOUSING AND URBAN DEVELOPMENT
PART 35_LEAD-BASED PAINT POISONING PREVENTION IN CERTAIN RESIDENTIAL
STRUCTURES
....
Subpart B_General Lead-Based Paint Requirements and Definitions for All
Programs
35.100
35.105
35.106
35.110
35.115
35.120
35.125
35.130
35.135
35.140
35.145
35.150
35.155
35.160
35.165
35.170
35.175

Purpose and applicability.
Effective dates.
Information collection requirements.
Definitions.
Exemptions.
Options.
Notice of evaluation and hazard reduction activities.
Lead hazard information pamphlet.
Use of paint containing lead.
Prohibited methods of paint removal.
Compliance with Federal laws and authorities.
Compliance with other State, tribal, and local laws.
Minimum requirements.
Waivers.
Prior evaluation or hazard reduction.
Noncompliance with the requirements of subparts B through R.
Records.

Subpart C_Disposition of Residential Property Owned by a Federal Agency
Other Than HUD
35.200
35.205
35.210
35.215

Purpose and applicability.
Definitions and other general requirements.
Disposition of residential property constructed before 1960.
Disposition of residential property constructed after 1959 and
before 1978.

Subpart D_Project-Based Assistance Provided by a Federal Agency Other
Than HUD
35.300 Purpose and applicability.
35.305 Definitions and other general requirements.
35.310 Notices and pamphlet.

-235.315 Risk assessments.
35.320 Hazard reduction.
35.325 Child with an environmental intervention blood lead level.
Subpart E [Reserved]
Subpart F_HUD-Owned Single Family Property
35.500 Purpose and applicability.
35.505 Definitions and other general requirements.
35.510 Required procedures.
Subpart G_Multifamily Mortgage Insurance
35.600
35.605
35.610
35.615
35.620
35.625

Purpose and
Definitions
Exemption.
Notices and
Multifamily
Multifamily
1978.
35.630 Conversions

applicability.
and other general requirements.
pamphlet.
insured property constructed before 1960.
Insured Property constructed after 1959 and before
and Major Rehabilitations.

Subpart H_Project-Based Rental Assistance
35.700
35.705
35.710
35.715
35.720

Purpose and applicability.
Definitions and other general requirements.
Notices and pamphlet.
Multifamily properties receiving more than $5,000 per unit.
Multifamily properties receiving up to $5,000 per unit, and singlefamily properties.
35.725 Section 8 rent adjustments.
35.730 Child with an environmental intervention blood lead level.
Subpart I_HUD-Owned and Mortgagee-in-Possession Multifamily Property.
35.800
35.805
35.810
35.815
35.820
35.825
35.830

Purpose and applicability.
Definitions and other general requirements.
Notices and pamphlet.
Evaluation.
Interim controls.
Ongoing lead-based paint maintenance and reevaluation.
Child with an environmental intervention blood lead level.
Subpart J_Rehabilitation

35.900 Purpose and applicability.

-335.905
35.910
35.915
35.920
35.925
35.930
35.935
35.940

Definitions and other general requirements.
Notices and pamphlet.
Calculating Federal rehabilitation assistance.
[Removed and reserved.]
Examples of determining applicable requirements.
Evaluation and hazard reduction requirements.
Ongoing lead-based paint maintenance activities.
Special requirements for insular areas.

Subpart K_Acquisition, Leasing, Support Services, or Operation.
35.1000
35.1005
35.1010
35.1015
35.1020

Purpose and applicability.
Definitions and other general requirements.
Notices and pamphlet.
Visual assessment, paint stabilization, and maintenance.
Funding for evaluation and hazard reduction.
Subpart L_Public Housing Programs

35.1100
35.1105
35.1110
35.1115
35.1120
35.1125

Purpose and applicability.
Definitions and other general requirements.
Notices and pamphlet.
Evaluation.
Hazard reduction.
Evaluation and hazard reduction before acquisition and
development.
35.1130 Child with an environmental intervention blood lead level.
35.1135 Eligible costs.
35.1140 Insurance coverage.
Subpart M_Tenant-Based Rental Assistance
35.1200
35.1205
35.1210
35.1215
35.1220
35.1225

Purpose and applicability.
Definitions and other general requirements.
Notices and pamphlet.
Activities at initial and periodic inspections.
Ongoing lead-based paint maintenance activities.
Child with an environmental intervention blood lead level.

Subparts N-Q [Reserved]
Subpart R_Methods and Standards for Lead-Based Paint Hazard Evaluation
and Hazard Reduction Activities.
35.1300 Purpose and applicability.
35.1305 Definitions and other general requirements.
35.1310 References.

-435.1315
35.1320
35.1325
35.1330
35.1335
35.1340
35.1345
35.1350
35.1355

Collection and laboratory analysis of samples.
Lead-based paint inspections and risk assessments.
Abatement.
Interim controls.
Standard treatments.
Clearance.
Occupant protection and worksite preparation.
Safe work practices.
Ongoing lead-based paint maintenance and reevaluation activities.

Authority: 42 U.S.C. 3535(d), 4821, and 4851.
....
Subpart B_General Lead-Based Paint Requirements and Definitions for All
Programs.
Source: 64 FR 50202, Sept. 15, 1999, unless otherwise noted.
Sec. 35.100

Purpose and applicability.

(a) Purpose. The requirements of subparts B through R of this part
are promulgated to implement the Lead-Based Paint Poisoning Prevention
Act, as amended (42 U.S.C. 4821 et seq.), and the Residential Lead-Based
Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et seq.).
(b) Applicability-(1) This subpart. This subpart applies to all target housing
that is federally owned and target housing receiving Federal assistance to
which subparts C, D, F through M, and R of this part apply, except where
indicated.
(2) Other subparts-(i) General. Subparts C, D, and F through M of this part
each set forth requirements for a specific type of Federal housing
activity or assistance, such as multifamily mortgage insurance, projectbased rental assistance, rehabilitation, or tenant-based rental
assistance. Subpart R of this part provides standards and methods for
activities required in subparts B, C, D, and F through M of this part.
(ii) Application to programs. Most HUD housing programs are
covered by only one subpart of this part, but some programs can be used
for more than one type of assistance and therefore are covered by more
than one subpart of this part. A current list of programs covered by each
subpart of this part is available on the internet at www.hud.gov, or by

-5mail from the National Lead Information Center at 1-800-424-LEAD. Examples
of flexible programs that can provide more than one type of assistance are
the HOME Investment Partnerships program, the Community Development Block
Grant program, and the Indian Housing Block Grant Program. Grantees,
participating jurisdictions, Indian tribes and other entities
administering such flexible programs must decide which subpart applies to
the type of assistance being provided to a particular dwelling unit or
residential property.
(iii) Application to dwelling units. In some cases, more
than one type of assistance may be provided to the same dwelling unit. In
such cases, the subpart or section with the most protective initial hazard
reduction requirements applies. Paragraph (c) of this section provides a
table that lists the subparts and sections of this part in order from the
most protective to the least protective. (This list is based only on the
requirements for initial hazard reduction. The summary of requirements on
this list is not a complete list of requirements. It is necessary to refer
to the applicable subparts and sections to determine all applicable
requirements.)
(iv) Example. A multifamily building has 100 dwelling units
and was built in 1965. The property is financed with HUD multifamily
mortgage insurance. This building is covered by subpart G of this part
(see Sec. 35.625--Multifamily mortgage insurance for properties
constructed after 1959), which is at protectiveness level 5 in the table
set forth in paragraph (c) of this section. In the same building, however,
50 of the 100 dwelling units are receiving project-based assistance, and
the average annual assistance per assisted unit is $5,500. Those 50 units,
and common areas servicing those units, are covered by the requirements of
subpart H of this part (see Sec. 35.715--Project-based assistance for
multifamily properties receiving more than $5,000 per unit), which are at
protectiveness level 3. Therefore, because level 3 is a higher level of
protectiveness than level 5, the units receiving project-based assistance,
and common areas servicing those units, must comply at level 3, while the
rest of the building can be operated at level 5. The owner may choose to
operate the entire building at level 3 for simplicity.
(c) Table One. The following table lists the subparts and sections of
this part applying to HUD programs in order from most protective to least
protective hazard reduction requirements. The summary of hazard reduction
requirements in this table is not complete. Readers must refer to relevant
subpart for complete requirements.
---------------------------------------------------------------------------------------------------------------Hazard reduction
Level of protection
Subpart, section, and type of assistance
requirements
---------------------------------------------------------------------------------------------------------------1.............................. Subpart L, Public housing. Subpart G, Sec.
Full abatement of lead35.630, Multifamily mortgage insurance for
based paint.
conversions and major rehabilitations.
2.............................. Subpart J, Sec. 35.930(d), Properties receiving
Abatement of lead-based

-6more than $25,000 per unit in rehabilitation
paint hazards.
assistance.
3.............................. Subpart G, Sec. 35.620, Multifamily mortgage
Interim controls.
insurance for properties constructed before 1960,
other than conversions and major rehabilitations.
Subpart H, Sec. 35.715, Project-based assistance
for multifamily properties receiving more than
$5,000 per unit. Subpart I, HUD-owned multifamily
property. Subpart J, Sec. 35.930(c), Properties
receiving more than $5,000 and up to $25,000 per
unit in rehabilitation assistance.
4.............................. Subpart F, HUD-owned single family properties.
Paint stabilization.
Subpart H, Sec. 35.720, Project-based rental
assistance for multifamily properties receiving up
to $5,000 per unit and single family properties.
Subpart K, Acquisition, leasing, support services,
or operation. Subpart M, Tenant-based rental
assistance.
5.............................. Subpart G, Sec. 35.625, Multifamily mortgage
Ongoing lead-based paint
insurance for properties constructed after 1959.
maintenance.
6.............................. Subpart J, Sec. 35.930(b), Properties receiving
Safe work practices during
up to and including $5,000 in rehabilitation
rehabilitation.
assistance.
----------------------------------------------------------------------------------------------------------------

Sec. 35.105

Effective dates.

The effective date for subparts B through R of this part is September
15, 2000, except that the effective date for prohibited methods of paint
removal, described in Sec. 35.140, is November 15, 1999. Subparts F
through M of this part provide further information on the application of
the effective date to specific programs. Before September 15, 2000, a
designated party has the option of following the procedures in subparts B
through R of this part, or complying with current HUD lead-based paint
regulations.
Sec. 35.106

Information collection requirements.

The information collection requirements contained in this part have
been approved by the Office of Management and Budget (OMB) in accordance
with the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C.
2501-3520), and have been assigned OMB control number 2539-0009. An agency
may not conduct or sponsor, and a person is not required to respond to, a
collection of information unless the collection displays a valid control
number.
Sec. 35.110

Definitions.

Abatement means any set of measures designed to permanently eliminate
lead-based paint or lead-based paint hazards (see definition of
"permanent"). Abatement includes:
(1) The removal of lead-based paint and dust-lead hazards, the
permanent enclosure or encapsulation of lead-based paint, the replacement
of components or fixtures painted with lead-based paint, and the removal
or permanent covering of soil-lead hazards; and

-7-

(2) All preparation, cleanup, disposal, and post abatement
clearance testing activities associated with such measures.
Act means the Lead-Based Paint Poisoning Prevention Act, as amended,
42 U.S.C. 4822 et seq.
Bare soil means soil or sand not covered by grass, sod, other live
ground covers, wood chips, gravel, artificial turf, or similar covering.
Certified means licensed or certified to perform such activities as
risk assessment, lead-based paint inspection, or abatement supervision,
either by a State or Indian tribe with a lead-based paint certification
program authorized by the Environmental Protection Agency (EPA), or by the
EPA, in accordance with 40 CFR part 745, subparts L or Q.
Chewable surface means an interior or exterior surface painted with
lead-based paint that a young child can mouth or chew. A chewable surface
is the same as an "accessible surface" as defined in 42 U.S.C. 4851b(2)).
Hard metal substrates and other materials that cannot be dented by the
bite of a young child are not considered chewable.
Clearance examination means an activity conducted following leadbased paint hazard reduction activities to determine that the hazard
reduction activities are complete and that no soil-lead hazards or settled
dust-lead hazards, as defined in this part, exist in the dwelling unit or
worksite. The clearance process includes a visual assessment and
collection and analysis of environmental samples. Dust- lead standards for
clearance are found at Sec. 35.1320.
CILP recipient means an owner of a multifamily property which is
undergoing rehabilitation funded by the Flexible Subsidy-Capital
Improvement Loan Program (CILP).
Common area means a portion of a residential property that is
available for use by occupants of more than one dwelling unit. Such an
area may include, but is not limited to, hallways, stairways, laundry and
recreational rooms, playgrounds, community centers, on-site day care
facilities, garages and boundary fences.
Component means an architectural element of a dwelling unit or common
area identified by type and location, such as a bedroom wall, an exterior
window sill, a baseboard in a living room, a kitchen floor, an interior
window sill in a bathroom, a porch floor, stair treads in a common
stairwell, or an exterior wall.

-8Composite sample means a collection of more than one sample of the
same medium (e.g., dust, soil or paint) from the same type of surface
(e.g., floor, interior window sill, or window trough), such that multiple
samples can be analyzed as a single sample.
Containment means the physical measures taken to ensure that dust and
debris created or released during lead-based paint hazard reduction are
not spread, blown or tracked from inside to outside of the worksite.
Designated party means a Federal agency, grantee, subrecipient,
participating jurisdiction, housing agency, Indian Tribe, tribally
designated housing entity (TDHE), sponsor, or property owner responsible
for complying with applicable requirements.
Deteriorated paint means any interior or exterior paint or other
coating that is peeling, chipping, chalking or cracking, or any paint or
coating located on an interior or exterior surface or fixture that is
otherwise damaged or separated from the substrate.
Dry sanding means sanding without moisture and includes both hand and
machine sanding.
Dust-lead hazard means surface
(area concentration of lead) equal
by the EPA at 40 CFR 745.65 or, if
standards for dust-lead hazards in

dust that contains a dust-lead loading
to or exceeding the levels promulgated
such levels are not in effect, the
Sec. 35.1320.

Dwelling unit means a:
(1) Single-family dwelling, including attached structures such
as porches and stoops; or
(2) Housing unit in a structure that contains more than 1
separate housing unit, and in which each such unit is used or occupied, or
intended to be used or occupied, in whole or in part, as the home or
separate living quarters of 1 or more persons.
Encapsulation means the application of a covering or coating that acts
as a barrier between the lead-based paint and the environment and that
relies for its durability on adhesion between the encapsulant and the
painted surface, and on the integrity of the existing bonds between paint
layers and between the paint and the substrate. Encapsulation may be used
as a method of abatement if it is designed and performed so as to be
permanent (see definition of "permanent").
Enclosure means the use of rigid, durable construction materials that
are mechanically fastened to the substrate in order to act as a barrier
between lead-based paint and the environment. Enclosure may be used as a

-9method of abatement if it is designed to be permanent (see definition of
"permanent").
Environmental intervention blood lead level means a confirmed
concentration of lead in whole blood equal to or greater than 20 µg/dL
(micrograms of lead per deciliter) for a single test or 15-19 µg/dL in two
tests taken at least 3 months apart.
Evaluation means a risk assessment, a lead hazard screen, a leadbased paint inspection, paint testing, or a combination of these to
determine the presence of lead-based paint hazards or lead-based paint.
Expected to reside means there is actual knowledge that a child will
reside in a dwelling unit reserved for the elderly or designated
exclusively for persons with disabilities. If a resident woman is known to
be pregnant, there is actual knowledge that a child will reside in the
dwelling unit.
Federal agency means the United States or any executive department,
independent establishment, administrative agency and instrumentality of
the United States, including a corporation in which all or a substantial
amount of the stock is beneficially owned by the United States or by any
of these entities. The term "Federal agency" includes, but is not limited
to, Rural Housing Service (formerly Rural Housing and Community
Development Service that was formerly Farmer's Home Administration),
Resolution Trust Corporation, General Services Administration, Department
of Defense, Department of Veterans Affairs, Department of the Interior,
and Department of Transportation.
Federally owned property means residential property owned or managed
by a Federal agency, or for which a Federal agency is a trustee or
conservator.
Firm commitment means a valid commitment issued by HUD or the Federal
Housing Commissioner setting forth the terms and conditions upon which a
mortgage will be insured or guaranteed.
Friction surface means an interior or exterior surface that is subject
to abrasion or friction, including, but not limited to, certain window,
floor, and stair surfaces.
g means gram, mg means milligram (thousandth of a gram), and µg means
microgram (millionth of a gram).
Grantee means any state or local government, Indian Tribe, IHBG
recipient, insular area or nonprofit organization that has been designated

- 10 by HUD to administer Federal housing assistance under a program covered by
subparts J and K of this part, except the HOME program.
Hard costs of rehabilitation means:
(1) Costs to correct substandard conditions or to meet
applicable local rehabilitation standards;
(2) Costs to make essential improvements, including energyrelated repairs, and those necessary to permit use by persons with
disabilities; and costs to repair or replace major housing systems in
danger of failure; and
(3) Costs of non-essential improvements, including additions and
alterations to an existing structure; but
(4) Hard costs do not include administrative costs (e.g.,
overhead for administering a rehabilitation program, processing fees,
etc.).
Hazard reduction means measures designed to reduce or eliminate human
exposure to lead-based paint hazards through methods including interim
controls or abatement or a combination of the two.
HEPA vacuum means a vacuum cleaner device with an included highefficiency particulate air (HEPA) filter through which the contaminated
air flows, operated in accordance with the instructions of its
manufacturer. A HEPA filter is one that captures at least 99.97 percent of
airborne particles of at least 0.3 micrometers in diameter.
Housing for the elderly means retirement communities or similar types
of housing reserved for households composed of one or more persons 62
years of age or more, or other age if recognized as elderly by a specific
Federal housing assistance program.
Housing receiving Federal assistance means housing which is covered by
an application for HUD mortgage insurance, receives housing assistance
payments under a program administered by HUD, or otherwise receives more
than $5,000 in project-based assistance under a Federal housing program
administered by an agency other than HUD.
HUD means the United States Department of Housing and Urban
Development.
HUD-owned property means residential property owned or managed by HUD,
or for which HUD is a trustee or conservator.

- 11 Impact surface means an interior or exterior surface that is subject
to damage by repeated sudden force, such as certain parts of door frames.
Indian Housing Block Grant (IHBG) recipient means a tribe or a
tribally designated housing entity (TDHE) receiving IHBG funds.
Indian tribe means a tribe as defined in the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.)
Inspection (See Lead-based paint inspection).
Insular areas means Guam, the Northern Mariana Islands, the United
States Virgin Islands and American Samoa.
Interim controls means a set of measures designed to reduce
temporarily human exposure or likely exposure to lead-based paint hazards.
Interim controls include, but are not limited to, repairs, painting,
temporary containment, specialized cleaning, clearance, ongoing lead-based
paint maintenance activities, and the establishment and operation of
management and resident education programs.
Interior window sill means the portion of the horizontal window ledge
that protrudes into the interior of the room, adjacent to the window sash
when the window is closed. The interior window sill is sometimes referred
to as the window stool.
Lead-based paint means paint or other surface coatings that contain
lead equal to or exceeding 1.0 milligram per square centimeter or 0.5
percent by weight or 5,000 parts per million (ppm) by weight.
Lead-based paint hazard means any condition that causes exposure to
lead from dust-lead hazards, soil-lead hazards, or lead-based paint that
is deteriorated or present in chewable surfaces, friction surfaces, or
impact surfaces, and that would result in adverse human health effects.
Lead-based paint inspection means a surface-by-surface investigation
to determine the presence of lead-based paint and the provision of a
report explaining the results of the investigation.
Lead hazard screen means a limited risk assessment activity that
involves paint testing and dust sampling and analysis as described in 40
CFR 745.227(c) and soil sampling and analysis as described in 40 CFR
745.227(d).
Mortgagee means a lender of a mortgage loan.
Mortgagor means a borrower of a mortgage loan.

- 12 -

Multifamily property means a residential property containing five or
more dwelling units.
Occupant means a person who inhabits a dwelling unit.
Owner means a person, firm, corporation, nonprofit organization,
partnership, government, guardian, conservator, receiver, trustee,
executor, or other judicial officer, or other entity which, alone or with
others, owns, holds, or controls the freehold or leasehold title or part
of the title to property, with or without actually possessing it. The
definition includes a vendee who possesses the title, but does not include
a mortgagee or an owner of a reversionary interest under a ground rent
lease.
Paint stabilization means repairing any physical defect in the
substrate of a painted surface that is causing paint deterioration,
removing loose paint and other material from the surface to be treated,
and applying a new protective coating or paint.
Paint testing means the process of determining, by a certified leadbased paint inspector or risk assessor, the presence or the absence of
lead-based paint on deteriorated paint surfaces or painted surfaces to be
disturbed or replaced.
Paint removal means a method of abatement that permanently eliminates
lead-based paint from surfaces.
Painted surface to be disturbed means a paint surface that is to be
scraped, sanded, cut, penetrated or otherwise affected by rehabilitation
work in a manner that could potentially create a lead-based paint hazard
by generating dust, fumes, or paint chips.
Participating jurisdiction means any State or local government that
has been designated by HUD to administer a HOME program grant.
Permanent means an expected design life of at least 20 years.
Play area means an area of frequent soil contact by children of less
than 6 years of age, as indicated by the presence of play equipment (e.g.
sandboxes, swing sets, sliding boards, etc.) or toys or other children's
possessions, observations of play patterns, or information provided by
parents, residents or property owners.
Project-based rental assistance means Federal rental assistance that
is tied to a residential property with a specific location and remains
with that particular location throughout the term of the assistance.

- 13 -

Public health department means a State, tribal, county or municipal
public health department or the Indian Health Service.
Public housing development means a residential property assisted under
the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.), but not
including housing assisted under section 8 of the 1937 Act.
Reevaluation means a visual assessment of painted surfaces and limited
dust and soil sampling conducted periodically following lead- based paint
hazard reduction where lead-based paint is still present.
Rehabilitation means the improvement of an existing structure through
alterations, incidental additions or enhancements. Rehabilitation includes
repairs necessary to correct the results of deferred maintenance, the
replacement of principal fixtures and components, improvements to increase
the efficient use of energy, and installation of security devices.
Replacement means a strategy of abatement that entails the removal of
building components that have surfaces coated with lead-based paint and
the installation of new components free of lead-based paint.
Residential property means a dwelling unit, common areas, building
exterior surfaces, and any surrounding land, including outbuildings,
fences and play equipment affixed to the land, belonging to an owner and
available for use by residents, but not including land used for
agricultural, commercial, industrial or other non-residential purposes,
and not including paint on the pavement of parking lots, garages, or
roadways.
Risk assessment means:
(1) An on-site investigation to determine the existence, nature,
severity, and location of lead-based paint hazards; and
(2) The provision of a report by the individual or firm
conducting the risk assessment explaining the results of the investigation
and options for reducing lead-based paint hazards.
Single family property means a residential property containing one
through four dwelling units.
Single room occupancy (SRO) housing means housing consisting of zerobedroom dwelling units that may contain food preparation or sanitary
facilities or both (see Zero-bedroom dwelling).

- 14 Soil-lead hazard means bare soil on residential property that contains
lead equal to or exceeding levels promulgated by the EPA at 40 CFR 745.65
or, if such levels are not in effect, the standards for soil-lead hazards
in Sec. 35.1320.
Sponsor means mortgagor (borrower).
Subrecipient means any nonprofit organization selected by the grantee
or participating jurisdiction to administer all or a portion of the
Federal rehabilitation assistance or other non-rehabilitation assistance,
or any such organization selected by a subrecipient of the grantee or
participating jurisdiction. An owner or developer receiving Federal
rehabilitation assistance or other assistance for a residential property
is not considered a subrecipient for the purposes of carrying out that
project.
Standard treatments means a series of hazard reduction measures
designed to reduce all lead-based paint hazards in a dwelling unit without
the benefit of a risk assessment or other evaluation.
Substrate means the material directly beneath the painted surface out
of which the components are constructed, including wood, drywall, plaster,
concrete, brick or metal.
Target housing means any housing constructed prior to 1978, except
housing for the elderly or persons with disabilities (unless a child of
less than 6 years of age resides or is expected to reside in such housing
for the elderly or persons with disabilities) or any zero- bedroom
dwelling. In the case of jurisdictions which banned the sale or use of
lead-based paint prior to 1978, HUD may designate an earlier date.
Tenant means the individual named as the lessee in a lease, rental
agreement or occupancy agreement for a dwelling unit.
A visual assessment alone is not considered an evaluation for the
purposes of this part. Visual assessment means looking for, as applicable:
(1) Deteriorated paint;
(2) Visible surface dust, debris and residue as part of a risk
assessment or clearance examination; or
(3) The completion or failure of a hazard reduction measure.
Wet sanding or wet scraping means a process of removing loose paint in
which the painted surface to be sanded or scraped is kept wet to minimize
the dispersal of paint chips and airborne dust.

- 15 -

Window trough means the area between the interior window sill (stool)
and the storm window frame. If there is no storm window, the window trough
is the area that receives both the upper and lower window sashes when they
are both lowered.
Worksite means an interior or exterior area where lead-based paint
hazard reduction activity takes place. There may be more than one worksite
in a dwelling unit or at a residential property.
Zero-bedroom dwelling means any residential dwelling in which the
living areas are not separated from the sleeping area. The term includes
efficiencies, studio apartments, dormitory or single room occupancy
housing, military barracks, and rentals of individual rooms in residential
dwellings (see Single room occupancy (SRO)).
Sec. 35.115

Exemptions.

(a) Subparts B through R of this part do not apply to the following:
(1) A residential property for which construction was completed
on or after January 1, 1978, or, in the case of jurisdictions which banned
the sale or residential use of lead-containing paint prior to 1978, an
earlier date as HUD may designate (see Sec. 35.160).
(2) A zero-bedroom dwelling unit, including a single room
occupancy (SRO) dwelling unit.
(3) Housing for the elderly, or a residential property
designated exclusively for persons with disabilities; except this
exemption shall not apply if a child less than age 6 resides or is
expected to reside in the dwelling unit (see definitions of "housing for
the elderly" and "expected to reside" in Sec. 35.110).
(4) Residential property found not to have lead-based paint by a
lead-based paint inspection conducted in accordance with Sec. 35.1320(a)
(for more information regarding inspection procedures consult the 1997
edition of Chapter 7 of the HUD Guidelines). Results of additional test(s)
by a certified lead-based paint inspector may be used to confirm or refute
a prior finding.
(5) Residential property in which all lead-based paint has been
identified, removed, and clearance has been achieved in accordance with 40
CFR 745.227(b)(e) before September 15, 2000, or in accordance with Secs.
35.1320, 35.1325 and 35.1340 on or after September 15, 2000. This
exemption does not apply to residential property where enclosure or
encapsulation has been used as a method of abatement.

- 16 -

(6) An unoccupied dwelling unit or residential property that is
to be demolished, provided the dwelling unit or property will remain
unoccupied until demolition.
(7) A property or part of a property that is not used and will
not be used for human residential habitation, except that spaces such as
entryways, hallways, corridors, passageways or stairways serving both
residential and nonresidential uses in a mixed-use property shall not be
exempt.
(8) Any rehabilitation that does not disturb a painted surface.
(9) For emergency actions immediately necessary to safeguard
against imminent danger to human life, health or safety, or to protect
property from further structural damage (such as when a property has been
damaged by a natural disaster, fire, or structural collapse), occupants
shall be protected from exposure to lead in dust and debris generated by
such emergency actions to the extent practicable, and the requirements of
subparts B through R of this part shall not apply. This exemption applies
only to repairs necessary to respond to the emergency. The requirements of
subparts B through R of this part shall apply to any work undertaken
subsequent to, or above and beyond, such emergency actions.
(10) If a Federal law enforcement agency has seized a
residential property and owns the property for less than 270 days, Secs.
35.210 and 35.215 shall not apply to the property.
(11) The requirements of subpart K of this part do not apply if
the assistance being provided is emergency rental assistance or
foreclosure prevention assistance, provided that this exemption shall
expire for a dwelling unit no later than 100 days after the initial
payment or assistance.
(12) Performance of an evaluation or lead-based paint hazard
reduction or lead-based paint abatement on an exterior painted surface as
required under this part may be delayed for a reasonable time during a
period when weather conditions are unsuitable for conventional
construction activities.
(13) Where abatement of lead-based paint hazards or lead-based
paint is required by this part and the property is listed or has been
determined to be eligible for listing in the National Register of Historic
Places or contributing to a National Register Historic District, the
designated party may, if requested by the State Historic Preservation
Office, conduct interim controls in accordance with Sec. 35.1330 instead
of abatement. If interim controls are conducted, ongoing lead-based paint

- 17 maintenance and reevaluation shall be conducted as required by the
applicable subpart of this part in accordance with Sec. 35.1355.
(b) For the purposes of subpart C of this part, each Federal agency
other than HUD will determine whether appropriations are sufficient to
implement this rule. If appropriations are not sufficient, subpart C of
this part shall not apply to that Federal agency. If appropriations are
sufficient, subpart C of this part shall apply.
Sec. 35.120

Options.

(a) Standard treatments. Where interim controls are required by this
part, the designated party has the option to presume that lead-based paint
or lead-based paint hazards or both are present throughout the residential
property. In such a case, evaluation is not required. Standard treatments
shall then be conducted in accordance with Sec. 35.1335 on all applicable
surfaces, including soil. Standard treatments are completed only when
clearance is achieved in accordance with Sec. 35.1340.
(b) Abatement. Where abatement is required by this part, the
designated party may presume that lead-based paint or lead-based paint
hazards or both are present throughout the residential property. In such a
case, evaluation is not required. Abatement shall then be conducted on all
applicable surfaces, including soil, in accordance with Sec. 35.1325, and
completed when clearance is achieved in accordance with Sec. 35.1340. This
option is not available in public housing, where inspection is required.
(c) Lead hazard screen. Where a risk assessment is required, the
designated party may choose first to conduct a lead hazard screen in
accordance with Sec. 35.1320(b). If the results of the lead hazard screen
indicate the need for a full risk assessment (e.g., if the environmental
measurements exceed levels established for lead hazard screens in Sec.
35.1320(b)(2)), a complete risk assessment shall be conducted.
Environmental samples collected for the lead hazard screen may be used in
the risk assessment. If the results of the lead hazard screen do not
indicate the need for a follow-up risk assessment, a risk assessment is
not required.
(d) Paint testing. Where paint stabilization or interim controls of
deteriorated paint surfaces are required by this rule, the designated
party has the option to conduct paint testing of all surfaces with nonintact paint. If paint testing indicates the absence of lead-based paint
on a specific surface, paint stabilization or interim controls are not
required on that surface.
Sec. 35.125

Notice of evaluation and hazard reduction activities.

- 18 The following activities shall be conducted if notice is required by
subparts D and F through M of this part.
(a) Notice of evaluation or presumption. When evaluation is
undertaken and lead-based paint or lead-based paint hazards are found to
be present, or if a presumption is made that lead-based paint or leadbased paint hazards are present in accordance with the options described
in Sec. 35.120, the designated party shall provide a notice to occupants
within 15 calendar days of the date when the designated party receives the
report or makes the presumption. A visual assessment alone is not
considered an evaluation for the purposes of this part. If only a visual
assessment alone is required by this part, and no evaluation is performed,
a notice of evaluation or presumption is not required.
(1) The notice of the evaluation shall include:
(i) A summary of the nature, dates, scope and results of
the evaluation;
(ii) A contact name, address and telephone number for more
information, and to obtain access to the actual evaluation report; and
(iii) The date of the notice.
(2) The notice of presumption shall include:
(i) The nature and scope of the presumption;
(ii) A contact name, address and telephone number for more
information; and
(iii) The date of the notice.
(b) Notice of hazard reduction activity. When hazard reduction
activities are undertaken, each designated party shall:
(1) Provide a notice to occupants no more than 15 calendar days
after the hazard reduction activities (including paint stabilization) have
been completed. Notice of hazard reduction shall include, but not be
limited to:
(i) A summary of the nature, dates, scope and results
(including clearance), of the hazard reduction activities.
(ii) A contact name, address, and telephone number for more
information;

- 19 (iii) Available information on the location of any
remaining lead- based paint in the rooms, spaces or areas where hazard
reduction activities were conducted, on a surface-by-surface basis; and
(iv) The date of the notice.
(2) Update the notice, based on reevaluation of the residential
property and as any additional hazard reduction work is conducted.
(3) Provision of a notice of hazard reduction is not required if
a clearance examination is not required.
(c) Availability of notices of evaluation, presumption, and hazard
reduction activities.
(1) The notices of evaluation, presumption, and hazard reduction
shall be of a size and type that is easily read by occupants.
(2) To the extent practicable, each notice shall be made
available, upon request, in a format accessible to persons with
disabilities (e.g., Braille, large type, computer disk, audio tape).
(3) Each notice shall be provided in the occupants' primary
language or in the language of the occupants' contract or lease.
(4) The designated party shall provide each notice to the
occupants by:
(i) Posting and maintaining it in centrally located common
areas and distributing it to any dwelling unit if necessary because the
head of household is a person with a known disability; or
(ii) Distributing it to each occupied dwelling unit
affected by the evaluation, presumption, or hazard reduction activity or
serviced by common areas in which an evaluation, presumption or hazard
reduction has taken place.
Sec. 35.130

Lead hazard information pamphlet.

If provision of a lead hazard information pamphlet is required in
subparts D and F through M of this part, the designated party shall
provide to each occupied dwelling unit to which subparts D and F through M
of this part apply, the lead hazard information pamphlet developed by EPA,
HUD and the Consumer Product Safety Commission pursuant to section 406 of
the Toxic Substances Control Act (15 U.S.C. 2686), or an EPA-approved
alternative; except that the designated party need not provide a lead
hazard information pamphlet if the designated party can demonstrate that

- 20 the pamphlet has already been provided in accordance with the lead-based
paint notification and disclosure requirements at Sec. 35.88(a)(1), or 40
CFR 745.107(a)(1) or in accordance with the requirements for hazard
education before renovation at 40 CFR part 745, subpart E.
Sec. 35.135

Use of paint containing lead.

(a) New use prohibition. The use of paint containing more than 0.06
percent dry weight of lead on any interior or exterior surface in
federally owned housing or housing receiving Federal assistance is
prohibited. As appropriate, each Federal agency shall include the
prohibition in contracts, grants, cooperative agreements, insurance
agreements, guaranty agreements, trust agreements, or other similar
documents.
(b) Pre-1978 prohibition. In the case of a jurisdiction which banned
the sale or residential use of lead-containing paint before 1978, HUD may
designate an earlier date for certain provisions of subparts D and F
through M of this part.
Sec. 35.140

Prohibited methods of paint removal.

The following methods shall not be used to remove paint that is, or
may be, lead-based paint:
(a) Open flame burning or torching.
(b) Machine sanding or grinding without a high-efficiency particulate
air (HEPA) local exhaust control.
(c) Abrasive blasting or sandblasting without HEPA local exhaust
control.
(d) Heat guns operating above 1100 degrees Fahrenheit or charring the
paint.
(e) Dry sanding or dry scraping, except dry scraping in conjunction
with heat guns or within 1.0 ft. (0.30 m.) of electrical outlets, or when
treating defective paint spots totaling no more than 2 sq. ft. (0.2 sq.
m.) in any one interior room or space, or totaling no more than 20 sq. ft.
(2.0 sq. m.) on exterior surfaces.
(f) Paint stripping in a poorly ventilated space using a volatile
stripper that is a hazardous substance in accordance with regulations of
the Consumer Product Safety Commission at 16 CFR 1500.3, and/or a
hazardous chemical in accordance with the Occupational Safety and Health

- 21 Administration regulations at 29 CFR 1910.1200 or 1926.59, as applicable
to the work.
Sec. 35.145

Compliance with Federal laws and authorities.

All lead-based paint activities, including waste disposal, performed
under this part shall be performed in accordance with applicable Federal
laws and authorities. For example, such activities are subject to the
applicable environmental review requirements of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Toxic Substances Control
Act, Title IV (15 U.S.C. 2860 et seq.), and other environmental laws and
authorities (see, e.g., laws and authorities listed in Sec. 50.4 of this
title).
Sec. 35.150

Compliance with other State, tribal, and local laws.

(a) HUD responsibility. If HUD determines that a State, tribal or
local law, ordinance, code or regulation provides for evaluation or hazard
reduction in a manner that provides a comparable level of protection from
the hazards of lead-based paint poisoning to that provided by the
requirements of subparts B, C, D, F through M and R of this part and that
adherence to the requirements of subparts B, C, D, F through M, and R of
this part, would be duplicative or otherwise cause inefficiencies, HUD may
modify or waive some or all of the requirements of the subparts in a
manner that will promote efficiency while ensuring a comparable level of
protection.
(b) Participant responsibility. Nothing in this part is intended to
relieve any participant in a program covered by this subpart of any
responsibility for compliance with State, tribal or local laws,
ordinances, codes or regulations governing evaluation and hazard
reduction. If a State, tribal or local law, ordinance, code or regulation
defines lead-based paint differently than the Federal definition, the more
protective definition (i.e., the lower level) shall be followed in that
State, tribal or local jurisdiction.
Sec. 35.155

Minimum requirements.

(a) Nothing in subparts B, C, D, F through M, and R of this part is
intended to preclude a designated party or occupant from conducting
additional evaluation or hazard reduction measures beyond the minimum
requirements established for each program in this regulation. For example,
if the applicable subpart requires visual assessment, the designated party
may choose to perform a risk assessment in accordance with Sec. 35.1320.
Similarly, if the applicable subpart requires interim controls, a
designated party or occupant may choose to implement abatement in
accordance with Sec. 35.1325.

- 22 -

(b) To the extent that assistance from any of the programs covered by
subparts B, C, D, and F through M of this part is used in conjunction with
other HUD program assistance, the most protective requirements prevail.
Sec. 35.160

Waivers.

In accordance with Sec. 5.110 of this title, on a case-by-case basis
and upon determination of good cause, HUD may, subject to statutory
limitations, waive any provision of subparts B, C, D, F through M, and R
of this part.
Sec. 35.165

Prior evaluation or hazard reduction.

If an evaluation or hazard reduction was conducted at a residential
property or dwelling unit before the property or dwelling unit became
subject to the requirements of subparts B, C, D, F through M, and R of
this part, such an evaluation, hazard reduction or abatement meets the
requirements of subparts B, C, D, F through M, and R of this part and need
not be repeated under the following conditions:
(a) Lead-based paint inspection.
(1) A lead-based paint inspection conducted before March 1,
2000, meets the requirements of this part if:
(i) At the time of the inspection the lead-based paint
inspector was approved by a State or Indian tribe to perform lead-based
paint inspections. It is not necessary that the State or tribal approval
program had EPA authorization at the time of the inspection.
(ii) Notwithstanding paragraph (a)(1)(i) of this section,
the inspection was conducted and accepted as valid by a housing agency in
fulfillment of the lead-based paint inspection requirement of the public
and Indian housing program.
(2) A lead-based paint inspection conducted on or after March 1,
2000, must have been conducted by a certified lead-based paint inspector.
(b) Risk assessment.
(1) A risk assessment must be no more than 12 months old to be
considered current.
(2) A risk assessment conducted before March 1, 2000, meets the
requirements of this part if, at the time of the risk assessment, the risk
assessor was approved by a state or Indian Tribe to perform risk

- 23 assessments. It is not necessary that the state or tribal approval program
had EPA authorization at the time of the risk assessment.
(3) A risk assessment conducted on or after March 1, 2000, must
have been conducted by a certified risk assessor.

(4) Paragraph (b) of this section does not apply in a case where
a risk assessment is required in response to the identification of a child
with an environmental intervention blood lead level. In such a case, the
requirements in the applicable subpart for responding to a child with an
environmental intervention blood lead level shall apply.
(c) Interim controls. If a residential property is under a program of
interim controls and ongoing lead-based paint maintenance and reevaluation
activities established pursuant to a risk assessment conducted in
accordance with paragraph (b) of this section, the interim controls that
have been conducted meet the requirements of this part if clearance was
achieved after such controls were implemented. In such a case, the program
of interim controls and ongoing activities shall be continued in
accordance with the requirements of this part.
(d) Abatement.
(1) An abatement conducted before March 1, 2000, meets the
requirements of this part if:
(i) At the time of the abatement the abatement supervisor
was approved by a State or Indian tribe to perform lead-based paint
abatement. It is not necessary that the State or tribal approval program
had EPA authorization at the time of the abatement.
(ii) Notwithstanding paragraph (d)(1)(i) of this section,
it was conducted and accepted by a housing agency in fulfillment of the
lead- based paint abatement requirement of the public housing program or
by an Indian housing authority (as formerly defined under the U.S. Housing
Act of 1937) in fulfillment of the lead-based paint requirement of the
Indian housing program formerly funded under the U.S. Housing Act of 1937.
(2) An abatement conducted on or after March 1, 2000, must have
been conducted under the supervision of a certified lead-based paint
abatement supervisor.
[64 FR 50208, Sept. 15, 1999; 65 FR 3387, Jan. 21, 2000]
Sec. 35.170 Noncompliance with the requirements of subparts B through R
of this part.

- 24 -

(a) Monitoring and enforcement. A designated party who fails to
comply with any requirement of subparts B, C, D, F through M, and R of
this part shall be subject to the sanctions available under the relevant
Federal housing assistance or ownership program and may be subject to
other penalties authorized by law.
(b) A property owner who informs a potential purchaser or occupant of
lead-based paint or possible lead-based paint hazards in a residential
property or dwelling unit, in accordance with subpart A of this part, is
not relieved of the requirements to evaluate and reduce lead-based paint
hazards in accordance with subparts B through R of this part as
applicable.
Sec. 35.175

Records.

The designated party, as specified in subparts C, D, and F through M
of this part, shall keep a copy of each notice, evaluation, and clearance
or abatement report required by subparts C, D, and F through M of this
part for at least three years. Those records applicable to a portion of a
residential property for which ongoing lead-based paint maintenance and/or
reevaluation activities are required shall be kept and made available for
the Department's review, until at least three years after such activities
are no longer required.
Subpart C_Disposition of Residential Property Owned by a Federal Agency
Other Than HUD
Source: 64 FR 50208, Sept. 15, 1999, unless otherwise noted.
Sec. 35.200

Purpose and applicability.

The purpose of this subpart C is to establish procedures to eliminate
as far as practicable lead-based paint hazards prior to the sale of a
residential property that is owned by a Federal agency other than HUD. The
requirements of this subpart apply to any residential property offered for
sale on or after September 15, 2000.
Sec. 35.205

Definitions and other general requirements.

Definitions and other general requirements that apply to this subpart
are found in subpart B of this part.
Sec. 35.210

Disposition of residential property constructed before 1960.

- 25 (a) Evaluation. The Federal agency shall conduct a risk assessment
and a lead-based paint inspection in accordance with 40 CFR 745.227 before
the closing of the sale.
(b) Abatement of lead-based paint hazards. The risk assessment used
for the identification of hazards to be abated shall have been performed
no more than 12 months before the beginning of the abatement. The Federal
agency shall abate all identified lead-based paint hazards in accordance
with 40 CFR 745.227. Abatement is completed when clearance is achieved in
accordance with 40 CFR 745.227. Where abatement of lead-based paint
hazards is not completed before the closing of the sale, the Federal
agency shall be responsible for assuring that abatement is carried out by
the purchaser before occupancy of the property as target housing and in
accordance with 40 CFR 745.227.
Sec. 35.215 Disposition of residential property constructed after 1959
and before 1978.
The Federal agency shall conduct a risk assessment and a lead-based
paint inspection in accordance with 40 CFR 745.227. Evaluation shall be
completed before closing of the sale according to a schedule determined by
the Federal agency. The results of the risk assessment and lead-based
paint inspection shall be made available to prospective purchasers as
required in subpart A of this part.
Subpart D_Project-Based Assistance Provided by a Federal Agency Other
Than HUD
Source: 64 FR 50209, Sept. 15, 1999, unless otherwise noted.
Sec. 35.300

Purpose and applicability.

The purpose of this subpart D is to establish procedures to eliminate
as far as practicable lead-based paint hazards in a residential property
that receives more than $5,000 annually per project in project-based
assistance on or after September 15, 2000, under a program administered by
a Federal agency other than HUD.
Sec. 35.305

Definitions and other general requirements.

Definitions and other general requirements that apply to this subpart
are found in subpart B of this part.
Sec. 35.310

Notices and pamphlet.

(a) Notice. A notice of evaluation or hazard reduction shall be
provided to the occupants in accordance with Sec. 35.125.

- 26 -

(b) Lead hazard information pamphlet. The owner shall provide the
lead hazard information pamphlet in accordance with Sec. 35.130.
Sec. 35.315

Risk assessment.

Each owner shall complete a risk assessment in accordance with 40 CFR
745.227(d). Each risk assessment shall be completed in accordance with the
schedule established by the Federal agency.
Sec. 35.320

Hazard reduction.

Each owner shall conduct interim controls consistent with the findings
of the risk assessment report. Hazard reduction shall be conducted in
accordance with subpart R of this part.
Sec. 35.325

Child with an environmental intervention blood lead level.

If a child less than 6 years of age living in a federally assisted
dwelling unit has an environmental intervention blood lead level, the
owner shall immediately conduct a risk assessment in accordance with 40
CFR 745.227(d). Interim controls of identified lead-based paint hazards
shall be conducted in accordance with Sec. 35.1330. Interim controls are
complete when clearance is achieved in accordance with Sec. 35.1340. The
Federal agency shall establish a timetable for completing risk assessments
and hazard reduction when an environmental intervention blood lead level
child is identified.
Subpart E [Reserved]
Subpart F_HUD-Owned Single Family Property
Source: 64 FR 50209, Sept. 15, 1999, unless otherwise noted.
Sec. 35.500

Purpose and applicability.

The purpose of this subpart F is to establish procedures to eliminate
as far as practicable lead-based paint hazards in HUD-owned single family
properties that have been built before 1978 and are sold with mortgages
insured under a program administered by HUD. The requirements of this
subpart apply to any such residential properties offered for sale on or
after September 15, 2000. Sec. 35.505 Definitions and other general
requirements.
Definitions and other general requirements that apply to this subpart
are found in subpart B of this part.

- 27 Sec. 35.510

Required procedures.

(a) The following activities shall be conducted for all properties to
which this subpart is applicable:
(1) A visual assessment of all painted surfaces in order to
identify deteriorated paint;
(2) Paint stabilization of all deteriorated paint in accordance
with Sec. 35.1330(a) and (b); and
(3) Clearance in accordance with Sec. 35.1340.
(b) Occupancy shall not be permitted until all required paint
stabilization is complete and clearance is achieved.
(c) If paint stabilization and clearance are not completed before the
closing of the sale, the Department shall assure that paint stabilization
and clearance are carried out pursuant to subpart R of this part by the
purchaser before occupancy.
Subpart G_Multifamily Mortgage Insurance
Source: 64 FR 50209, Sept. 15, 1999, unless otherwise noted.
Sec. 35.600

Purpose and applicability.

The purpose of this subpart G is to establish procedures to eliminate
as far as practicable lead-based paint hazards in a multifamily
residential property for which HUD is the owner of the mortgage or the
owner receives mortgage insurance, under a program administered by HUD.
Sec. 35.605

Definitions and other general requirements.

Definitions and other general requirements that apply to this subpart
are found in subpart B of this part.
Sec. 35.610

Exemption.

An application for insurance in connection with a refinancing
transaction where an appraisal is not required under the applicable
procedures established by HUD is excluded from the coverage of this
subpart.
Sec. 35.615

Notices and pamphlet.

- 28 (a) Notice. If evaluation or hazard reduction is undertaken, the
sponsor shall provide a notice to occupants in accordance with Sec.
35.125. A visual assessment alone is not considered an evaluation for the
purposes of this part.
(b) Lead hazard information pamphlet. The sponsor shall provide the
lead hazard information pamphlet in accordance with Sec. 35.130.
Sec. 35.620

Multifamily insured property constructed before 1960.

Except as provided in Sec. 35.630, the following requirements apply to
multifamily insured property constructed before 1960:
(a) Risk assessment. Before the issuance of a firm commitment the
sponsor shall conduct a risk assessment in accordance with Sec.
35.1320(b).
(b) Interim controls.
(1) The sponsor shall conduct interim controls in accordance
with Sec. 35.1330 to treat the lead-based paint hazards identified in the
risk assessment. Interim controls are considered completed when clearance
is achieved in accordance with Sec. 35.1340.
(2) The sponsor shall complete interim controls before the
issuance of the firm commitment or interim controls may be made a
condition of the Federal Housing Administration (FHA) firm commitment,
with sufficient repair or rehabilitation funds escrowed at initial
endorsement of the FHA insured loan.
(c) Ongoing lead-based paint maintenance activities. Before the
issuance of the firm commitment, the sponsor shall agree to incorporate
ongoing lead-based paint maintenance into regular building operations and
maintenance activities in accordance with Sec. 35.1355(a).
Sec. 35.625 Multifamily insured property constructed after 1959 and
before 1978.
Except as provided in Sec. 35.630, before the issuance of the firm
commitment, the sponsor shall agree to incorporate ongoing lead-based
paint maintenance practices into regular building operations, in
accordance with Sec. 35.1355(a). Sec. 35.630 Conversions and major
rehabilitations.
The procedures and requirements of this section apply when a
nonresidential property constructed before 1978 is to be converted to
residential use, or a residential property constructed before 1978 is to

- 29 undergo rehabilitation that is estimated to cost more than 50 percent of
the estimated replacement cost after rehabilitation.
(a) Lead-based paint inspection. Before issuance of a firm FHA
commitment, the sponsor shall conduct a lead-based paint inspection in
accordance with Sec. 35.1320(a).
(b) Abatement. Prior to occupancy, the sponsor shall conduct
abatement of all lead-based paint on the property in accordance with Sec.
35.1325. Whenever practicable, abatement shall be achieved through the
methods of paint removal or component replacement. If paint removal or
component replacement are not practicable, that is if such methods would
damage substrate material considered architecturally significant,
permanent encapsulation or enclosure may be used as methods of abatement.
Abatement is considered complete when clearance is achieved in accordance
with Sec. 35.1340. If encapsulation or enclosure is used, the sponsor
shall incorporate ongoing lead-based paint maintenance into regular
building operations maintenance activities in accordance with Sec.
35.1355.
(c) Historic properties. Section 35.115(a)(13) applies to this
section.
Subpart H--Project-Based Assistance
Source: 64 FR 50210, Sept. 15, 1999, unless otherwise noted.
Sec. 35.700

Purpose and applicability.

(a) This subpart H establishes procedures to eliminate as far as
practicable lead-based paint hazards in residential properties receiving
project-based assistance under a HUD program. The requirements of this
subpart apply only to the assisted dwelling units in a covered property
and any common areas servicing those dwelling units. This subpart does not
apply to housing receiving rehabilitation assistance or to public housing,
which are covered by subparts J and M of this part, respectively.
(b) For the purposes of competitively awarded grants under the
Housing Opportunities for Persons with AIDS Program (HOPWA), the
Supportive Housing Program (42 U.S.C. 11381-11389) and the Shelter Plus
Care Program project-based rental assistance and sponsor-based rental
assistance components (42 U.S.C. 11402-11407), the requirements of this
subpart shall apply to grants awarded pursuant to Notices of Funding
Availability published on or after October 1, 1999. For the purposes of
formula grants awarded under the Housing Opportunities for Persons with
AIDS Program (HOPWA) (42 U.S.C. 12901 et seq.), the requirements of this

- 30 subpart shall apply to activities for which program funds are first
obligated on or after September 15, 2000.
Sec. 35.705

Definitions and other general requirements.

Definitions and other general requirements that apply to this subpart
are found in subpart B of this part.
Sec. 35.710

Notices and pamphlet.

(a) Notice. If evaluation or hazard reduction is undertaken, each
owner shall provide a notice to occupants in accordance with Sec. 35.125.
A visual assessment alone is not considered an evaluation for the purposes
of this part.
(b) Lead hazard information pamphlet. The owner shall provide the
lead hazard information pamphlet in accordance with Sec. 35.130.
Sec. 35.715

Multifamily properties receiving more than $5,000 per unit.

The requirements of this section shall apply to a multifamily
residential property that is receiving an average of more than $5,000 per
assisted dwelling unit annually in project-based assistance.
(a) Risk assessment. Each owner shall complete a risk assessment in
accordance with Sec. 35.1320(b). A risk assessment is considered complete
when the owner receives the risk assessment report. Until the owner
conducts a risk assessment as required by this section, the requirements
of paragraph (d) of this section shall apply. After the risk assessment
has been conducted the requirements of paragraphs (b) and (c) of this
section shall apply. Each risk assessment shall be completed no later than
the following schedule or a schedule otherwise determined by HUD:
(1) Risk assessments shall be completed on or before September
17, 2001, in a multifamily residential property constructed before 1960.
(2) Risk assessments shall be completed on or before September
15, 2003, in a multifamily residential property constructed after 1959 and
before 1978.
(b) Interim controls. Each owner shall conduct interim controls in
accordance with Sec. 35.1330 to treat the lead-based paint hazards
identified in the risk assessment. Interim controls are considered
completed when clearance is achieved in accordance with Sec. 35.1340.
Interim controls shall be completed no later than the following schedule:

- 31 (1) In units occupied by families with children of less than 6
years of age and in common areas servicing those units, interim controls
shall be completed no later than 90 days after the completion of the risk
assessment. In units in which a child of less than 6 years of age moves in
after the completion of the risk assessment, interim controls shall be
completed no later than 90 days after the move-in.
(2) In all other dwelling units, common areas, and the remaining
portions of the residential property, interim controls shall be completed
no later than 12 months after completion of the risk assessment for those
units.
(c) Ongoing lead-based paint maintenance and reevaluation activities.
Effective immediately after completion of the risk assessment required in
Sec. 35.715(a), the owner shall incorporate ongoing lead-based paint
maintenance and reevaluation into the regular building operations in
accordance with Sec. 35.1355, unless all lead- based paint has been
removed. If the reevaluation identifies new lead- based paint hazards, the
owner shall conduct interim controls in accordance with Sec. 35.1330.
(d) Transitional requirements-(1) Effective date. The requirements of this paragraph shall
apply effective September 15, 2000, and continuing until the applicable
date specified in Sec. 35.715(a)(1) or (2) or until the owner conducts a
risk assessment, whichever is first.
(2) Definitions and other general requirements that apply to
this paragraph are found in subpart B of this part.
(3) Ongoing lead-based paint maintenance. The owner shall
incorporate ongoing lead-based paint maintenance activities into regular
building operations, in accordance with Sec. 35.1355(a), except that
clearance is not required.
(4) Child with an environmental intervention blood lead level.
If a child of less than 6 years of age living in a dwelling unit covered
by this paragraph has an environmental intervention blood lead level, the
owner shall comply with the requirements of Sec. 35.730.
Sec. 35.720 Multifamily properties receiving up to $5,000 per unit, and
single family properties.
Effective September 15, 2000, the requirements of this section shall
apply to a multifamily residential property that is receiving an average
of up to and including $5,000 per assisted dwelling unit annually in
project-based assistance and to a single family residential property that

- 32 is receiving project-based assistance through the Section 8 Moderate
Rehabilitation program, the Project-Based Certificate program, or any
other HUD program providing project-based assistance.
(a) Activities at initial and periodic inspection.-(1) Visual assessment. During the initial and periodic
inspections, an inspector trained in visual assessment for deteriorated
paint surfaces in accordance with procedures established by HUD shall
conduct a visual assessment of all painted surfaces in order to identify
any deteriorated paint.
(2) Paint stabilization. The owner shall stabilize each
deteriorated paint surface in accordance with Sec. 35.1330(a) and Sec.
35.1330(b) before occupancy of a vacant dwelling unit or, where a unit is
occupied, within 30 days of notification of the results of the visual
assessment. Paint stabilization is considered complete when clearance is
achieved in accordance with Sec. 35.1340.
(3) Notice. The owner shall provide a notice to occupants in
accordance with Secs. 35.125(b)(1) and (c) describing the results of the
clearance examination.
(b) Ongoing lead-based paint maintenance activities. The owner shall
incorporate ongoing lead-based paint maintenance activities into regular
building operations in accordance with Sec. 35.1355(a), unless all leadbased paint has been removed.
(c) Child with an environmental intervention blood lead level. If a
child of less than 6 years of age living in a dwelling unit covered by
this section has an environmental intervention blood lead level, the owner
shall comply with the requirements of Sec. 35.730.
Sec. 35.725

Section 8 Rent adjustments.

HUD may, subject to the availability of appropriations for Section 8
contract amendments, on a project by project basis for projects receiving
Section 8 project-based assistance, provide adjustments to the maximum
monthly rents to cover the costs of evaluation for and reduction of leadbased paint hazards, as defined in section 1004 of the Residential LeadBased Paint Hazard Reduction Act of 1992.
Sec. 35.730

Child with an environmental intervention blood lead level.

(a) Risk assessment. Within 15 days after being notified by a public
health department or other medical health care provider that a child of
less than 6 years of age living in a dwelling unit to which this subpart

- 33 applies has been identified as having an environmental intervention blood
lead level, the owner shall complete a risk assessment of the dwelling
unit in which the child lived at the time the blood was last sampled and
of common areas servicing the dwelling unit. The risk assessment shall be
conducted in accordance with 35.1320(b) and is considered complete when
the owner receives the risk assessment report. The requirements of this
paragraph apply regardless of whether the child is or is not still living
in the unit when the owner receives the notification of the environmental
intervention blood lead level. The requirements of this paragraph (a)
shall not apply if the owner conducted a risk assessment of the unit and
common areas servicing the unit between the date the child's blood was
last sampled and the date when the owner received the notification of the
environmental intervention blood lead level. If a public health department
has already conducted an evaluation of the dwelling unit, the requirements
of this paragraph shall not apply.
(b) Verification. After receiving information from a person who is
not a medical health care provider that a child of less than 6 years of
age living in a dwelling unit covered by this subpart may have an
environmental intervention blood lead level, the owner shall immediately
verify the information with the public health department or other medical
health care provider. If that department or provider verifies that the
child has an environmental intervention blood lead level, such
verification shall constitute notification, and the owner shall take the
action required in paragraphs (a) and (c) of this section.
(c) Hazard reduction. Within 30 days after receiving the report of
the risk assessment conducted pursuant to paragraph (a) of this section or
the evaluation from the public health department, the owner shall complete
the reduction of identified lead-based paint hazards in accordance with
Sec. 35.1325 or Sec. 35.1330. Hazard reduction is considered complete when
clearance is achieved in accordance with Sec. 35.1340 and the clearance
report states that all lead-based paint hazards identified in the risk
assessment have been treated with interim controls or abatement or the
public health department certifies that the lead-based paint hazard
reduction is complete. The requirements of this paragraph do not apply if
the owner, between the date the child's blood was last sampled and the
date the owner received the notification of the environmental intervention
blood lead level, already conducted a risk assessment of the unit and
common areas servicing the unit and completed reduction of identified
lead-based paint hazards.
(d) Notice. If evaluation or hazard reduction is undertaken, each
owner shall provide a notice to occupants in accordance with Sec. 35.125.
(e) Reporting requirement. The owner shall report the name and
address of a child identified as having an environmental intervention

- 34 blood lead level to the public health department within 5 working days of
being so notified by any other medical health care professional.
Subpart I_HUD-Owned and Mortgagee-in-Possession Multifamily Property
Source: 64 FR 50211, Sept. 15, 1999, unless otherwise noted.
Sec. 35.800

Purpose and applicability.

The purpose of this subpart I is to establish procedures to eliminate
as far as practicable lead-based paint hazards in a HUD-owned multifamily
residential property or a multifamily residential property for which HUD
is identified as mortgagee-in-possession. The requirements of this subpart
apply to any such property that is offered for sale or held or managed on
or after September 15, 2000.
Sec. 35.805

Definitions and other general requirements.

Definitions and other general requirements that apply to this subpart
are found in subpart B of this part.
Sec. 35.810

Notices and pamphlet.

(a) Notices. When evaluation or hazard reduction is undertaken, the
Department shall provide a notice to occupants in accordance with Sec.
35.125. A visual assessment alone is not considered an evaluation for the
purposes of this part.
(b) Lead hazard information pamphlet. HUD shall provide the lead
hazard information pamphlet in accordance with Sec. 35.130.
Sec. 35.815

Evaluation.

HUD shall conduct a risk assessment and a lead-based paint inspection
in accordance with Sec. 35.1320(a) and (b). For properties to which this
subpart applies on September 15, 2000, the lead-based paint inspection and
risk assessment shall be conducted no later than December 15, 2000, or
before publicly advertising the property for sale, whichever is sooner.
For properties to which this subpart becomes applicable after September
15, 2000, the lead-based paint inspection and risk assessment shall be
conducted no later than 90 days after this subpart becomes applicable or
before publicly advertising the property for sale, whichever is sooner.
Sec. 35.820

Interim controls.

HUD shall conduct interim controls in accordance with Sec. 35.1330 to
treat the lead-based paint hazards identified in the evaluation conducted

- 35 in accordance with Sec. 35.815. Interim controls are considered completed
when clearance is achieved in accordance with Sec. 35.1340. Interim
controls of all lead-based paint hazards shall be completed no later than
the following schedule:
(a) In units occupied by families with children of less than 6 years
of age and in common areas servicing those units, interim controls shall
be completed no later than 90 days after the completion of the risk
assessment. In units in which a child of less than 6 years of age moves in
after the completion of the risk assessment, interim controls shall be
completed no later than 90 days after the move-in.
(b) In all other dwelling units, common areas, and the remaining
portions of the residential property, interim controls shall be completed
no later than 12 months after completion of the risk assessment for those
units.
(c) If conveyance of the title by HUD at a sale of a HUD-owned
property or a foreclosure sale caused by HUD when HUD is mortgagee-inpossession occurs before the schedule in paragraphs (a) and (b) of this
section, HUD shall complete interim controls before conveyance or
foreclosure, or HUD shall be responsible for assuring that interim
controls are carried out by the purchaser. If interim controls are made a
condition of sale, such controls shall be completed according to the
following schedule:
(1) In units occupied by families with children of less than 6
years of age and in common areas servicing those units, interim controls
shall be completed no later than 90 days after the date of the closing of
the sale. In units in which a child of less than 6 years of age moves in
after the closing of the sale, interim controls shall be completed no
later than 90 days after the move-in.
(2) In all other dwelling units, in common areas servicing those
units, and in the remaining portions of the residential property, interim
controls shall be completed no later than 180 days after the closing of
the sale. Sec. 35.825 Ongoing lead-based paint maintenance and
reevaluation.
HUD shall incorporate ongoing lead-based paint maintenance and
reevaluation, in accordance with Sec. 35.1355, into regular building
operations if HUD retains ownership of the residential property for more
than 12 months.
Sec. 35.830

Child with an environmental intervention blood lead level.

- 36 (a) Risk assessment. Within 15 days after being notified by a public
health department or other medical health care provider that a child of
less than 6 years of age living in a multifamily dwelling unit owned by
HUD (or where HUD is mortgagee-in-possession) has been identified as
having an environmental intervention blood lead level, HUD shall complete
a risk assessment of the dwelling unit in which the child lived at the
time the blood was last sampled and of common areas servicing the dwelling
unit. The risk assessment shall be conducted in accordance with Sec.
35.1320(b) and is considered complete when HUD receives the risk
assessment report. The requirements of this paragraph apply regardless of
whether the child is or is not still living in the unit when HUD receives
the notification of the environmental intervention blood lead level. The
requirements of this paragraph do not apply if HUD conducted a risk
assessment of the unit and common areas servicing the unit between the
date the child's blood was last sampled and the date when HUD received the
notification of the environmental intervention blood lead level. If a
public health department has already conducted an evaluation of the
dwelling unit, the requirements of this paragraph shall not apply.
(b) Verification. After receiving information from a person who is
not a medical health care provider that a child of less than 6 years of
age living in a multifamily dwelling unit owned by HUD (or where HUD is
mortgagee-in-possession) may have an environmental intervention blood lead
level, HUD shall immediately verify the information with the public health
department or other medical health care provider. If that department or
provider verifies that the child has an environmental intervention blood
lead level, such verification shall constitute notification, and HUD shall
take the action required in paragraphs (a) and (c) of this section.
(c) Hazard reduction. Within 30 days after receiving the report of
the risk assessment conducted pursuant to paragraph (a) of this section or
the evaluation from the public health department, HUD shall complete the
reduction of lead-based paint hazards identified in the risk assessment in
accordance with Sec. 35.1325 or Sec. 35.1330. Hazard reduction is
considered complete when clearance is achieved in accordance with Sec.
35.1340 and the clearance report states that all lead-based paint hazards
identified in the risk assessment have been treated with interim controls
or abatement or the public health department certifies that the lead-based
paint hazard reduction is complete. The requirements of this paragraph do
not apply if HUD, between the date the child's blood was last sampled and
the date HUD received the notification of the environmental intervention
blood lead level, conducted a risk assessment of the unit and common areas
servicing the unit and completed reduction of identified lead-based paint
hazards.
(d) Reporting requirement. HUD shall report the name and address of a
child identified as having an environmental intervention blood lead level

- 37 to the public health department within 5 working days of being so notified
by any other health professional.
(e) Closing. If the closing of a sale is scheduled during the period
when HUD is responding to a case of a child with an environmental
intervention blood lead level, HUD may arrange for the completion of the
procedures required by Sec. 35.830(a)-(d) by the purchaser within a
reasonable period of time.
(f) Extensions. The Assistant Secretary for Housing-Federal Housing
Commissioner or designee may consider and approve a request for an
extension of deadlines established by this section for a lead-based paint
inspection, risk assessment, hazard reduction, and reporting. Such a
request may be considered, however, only during the first six months
during which HUD is owner or mortgagee-in-possession of a multifamily
property.
Subpart J_Rehabilitation
Source: 64 FR 50212, Sept. 15, 1999, unless otherwise noted.
Sec. 35.900

Purpose and applicability.

(a) Purpose and applicability.
(1) The purpose of this subpart J is to establish procedures to
eliminate as far as practicable lead-based paint hazards in a residential
property that receives Federal rehabilitation assistance under a program
administered by HUD. Rehabilitation assistance does not include projectbased rental assistance, rehabilitation mortgage insurance or assistance
to public housing.
(2) The requirements of this subpart shall not apply to HOME
funds which are committed to a specific project in accordance with Sec.
92.2 of this title before September 15, 2000. Such projects shall be
subject to the requirements of Sec. 92.355 of this title that were in
effect at the time of project commitment or the requirements of this
subpart.
(3) For the purposes of the Indian Housing Block Grant program
and the CDBG Entitlement program, the requirements of this subpart shall
apply to all residential rehabilitation activities (except those otherwise
exempted) for which funds are first obligated on or after September 15,
2000. For the purposes of the State, HUD-Administered Small Cities, and
Insular Areas CDBG programs, the requirements of this subpart shall apply
to all covered activities (except those otherwise exempted) for which
grant funding is awarded to the unit of local government by the State or

- 38 HUD, as applicable, on or after September 15, 2000. For the purposes of
the Emergency Shelter Grant Program (42 U.S.C. 11371-11378) and the
formula grants awarded under the Housing Opportunities for Persons with
AIDS Program (HOPWA) (42 U.S.C. 12901 et. seq.), the requirements of this
subpart shall apply to activities for which program funds are first
obligated on or after September 15, 2000.
(4) For the purposes of competitively awarded grants under the
HOPWA Program and the Supportive Housing Program (42 U.S.C. 11481-11389),
the requirements of this subpart shall apply to grants awarded under
Notices of Funding Availability published on or after September 15, 2000.
(5) For the purposes of the Indian CDBG program (Sec. 1003.607
of this title), the requirements of this subpart shall not apply to funds
whose notice of funding availability is announced or funding letter is
sent before September 15, 2000. Such project grantees shall be subject to
the regulations in effect at the time of announcement or funding letter.
(b) The grantee or participating jurisdiction may assign to a
subrecipient or other entity the responsibilities set forth in this
subpart.
Sec. 35.905

Definitions and other general requirements.

Definitions and other general requirements that apply to this subpart
are found in subpart B of this part.
Sec. 35.910

Notices and pamphlet.

(a) Notices. In cases where evaluation or hazard reduction or both
are undertaken as part of federally funded rehabilitation, the grantee or
participating jurisdiction shall provide a notice to occupants in
accordance with Sec. 35.125. A visual assessment alone is not considered
an evaluation for the purposes of this part.
(b) Lead hazard information pamphlet. The grantee or participating
jurisdiction shall provide the lead hazard information pamphlet in
accordance with Sec. 35.130.
Sec. 35.915
Program.

Calculating rehabilitation costs, except for the CILP

(a) Applicability. This section applies to recipients of Federal
rehabilitation assistance.
(b) Rehabilitation assistance.

- 39 (1) Lead-based paint requirements for rehabilitation fall into
three categories that depend on the amount of rehabilitation assistance
provided. The three categories are:
(i) Assistance of up to and including $5,000 per unit;
(ii) Assistance of more than $5,000 per unit up to and
including $25,000 per unit; and
(iii) Assistance of more than $25,000 per unit.
(2) For purposes of implementing Secs. 35.930 and 35.935, the
amount of rehabilitation assistance is the lesser of two amounts: the
average Federal assistance per assisted dwelling unit and the average per
unit hard costs of rehabilitation. Federal assistance includes all Federal
funds assisting the project, regardless of the use of the funds. Federal
funds being used for acquisition of the property are to be included as
well as funds for construction, permits, fees, and other project costs.
The hard costs of rehabilitation include all hard costs, regardless of
source, except that the costs of lead-based paint hazard evaluation and
hazard reduction activities are not to be included. Costs of site
preparation, occupant protection, relocation, interim controls, abatement,
clearance, and waste handling attributable to compliance with the
requirements of this part are not to be included in the hard costs of
rehabilitation. All other hard costs are to be included, regardless of
whether the source of funds is Federal or non-Federal, public or private.
(c) Calculating rehabilitation assistance in properties with both
assisted and unassisted dwelling units. For a residential property that
includes both federally assisted and non-assisted units, the
rehabilitation costs and Federal assistance associated with non-assisted
units are not included in the calculations of the average per unit hard
costs of rehabilitation and the average Federal assistance per unit.
(1) The average per unit hard costs of rehabilitation for the
assisted units is calculated using the following formula:
Per Unit Hard Costs of Rehabilitation $ = (a/c) + (b/d)
Where:
a = Rehabilitation hard costs for all assisted units (not including common
areas and exterior surfaces)
b = Rehabilitation hard costs for common areas and exterior painted
surfaces
c = Number of federally assisted units
d = Total number of units

- 40 -

(2) The average Federal assistance per assisted dwelling unit is
calculated using the following formula:
Per unit Federal assistance = e/c
Where:
e = Total Federal assistance for the project
c = Number of federally assisted units

Sec. 35.925

Examples of determining applicable requirements.

The following examples illustrate how to determine whether the
requirements of Secs. 35.930(b), (c), or (d) apply to a dwelling unit
receiving Federal rehabilitation assistance (dollar amounts are on a per
unit basis):
(a) If the total amount of Federal assistance for a dwelling is
$2,000, and the hard costs of rehabilitation are $10,000, the lead-based
paint requirements would be those described in Sec. 35.930(b), because
Federal rehabilitation assistance is up to and including $5,000.
(b) If the total amount of Federal assistance for a dwelling unit is
$6,000, and the hard costs of rehabilitation are $2,000, the lead-based
paint requirements would be those described in Sec. 35.930(b). Although
the total amount of Federal dollars is more than $5,000, only the $2,000
of that total can be applied to rehabilitation. Therefore, the Federal
rehabilitation assistance is $2,000 which is not more than $5,000.
(c) If the total amount of Federal assistance for a unit is $6,000,
and the hard costs of rehabilitation are $6,000, the lead-based paint
requirements are those described in Sec. 35.930(c), because the amount of
Federal rehabilitation assistance is more than $5,000 but not more than
$25,000.
(d) If eight dwelling units in a residential property receive Federal
rehabilitation assistance [symbol c in Sec. 35.915(c)(2)] out of a total
of 10 dwelling units [d], the total Federal assistance for the
rehabilitation project is $300,000 [e], the total hard costs of
rehabilitation for the dwelling units are $160,000 [a], and the total hard
costs of rehabilitation for the common areas and exterior surfaces are
$20,000 [b], then the lead-based paint requirements would be those
described in Sec. 35.930(c), because the level of Federal rehabilitation
assistance is $22,000, which is not greater than $25,000. This is
calculated as follows: The total Federal assistance per assisted unit is

- 41 $37,500 (e/c = $300,000/8), the per unit hard costs of rehabilitation is
$22,000 (a/ c + b/d = $160,000/8 + $20,000/10), and the level of Federal
rehabilitation assistance is the lesser of $37,500 and $22,000.
Sec. 35.930

Evaluation and hazard reduction requirements.

(a) Paint testing. The grantee or participating jurisdiction shall
either perform paint testing on the painted surfaces to be disturbed or
replaced during rehabilitation activities, or presume that all these
painted surfaces are coated with lead-based paint.
(b) Residential property receiving an average of up to and including
$5,000 per unit in Federal rehabilitation assistance. Each grantee or
participating jurisdiction shall:
(1) Conduct paint testing or presume the presence of lead-based
paint, in accordance with paragraph (a) of this section. If paint testing
indicates that the painted surfaces are not coated with lead- based paint,
safe work practices and clearance are not required.
(2) Implement safe work practices during rehabilitation work in
accordance with Sec. 35.1350 and repair any paint that is disturbed.
(3) After completion of any rehabilitation disturbing painted
surfaces, perform a clearance examination of the worksite(s) in accordance
with Sec. 35.1340. Clearance is not required if rehabilitation did not
disturb painted surfaces of a total area more than that set forth in Sec.
35.1350(d).
(c) Residential property receiving an average of more than $5,000 and
up to and including $25,000 per unit in Federal rehabilitation assistance.
Each grantee or participating jurisdiction shall:
(1) Conduct paint testing or presume the presence of lead-based
paint, in accordance with paragraph (a) of this section.
(2) Perform a risk assessment in the dwelling units receiving
Federal assistance, in common areas servicing those units, and exterior
painted surfaces, in accordance with Sec. 35.1320(b), before
rehabilitation begins.
(3) Perform interim controls in accordance with Sec. 35.1330 of
all lead-based paint hazards identified pursuant to paragraphs (c)(1) and
(c)(2) of this section.

- 42 (4) Implement safe work practices during rehabilitation work in
accordance with Sec. 35.1350 and repair any paint that is disturbed and is
known or presumed to be lead-based paint.
(d) Residential property receiving an average of more than $25,000
per unit in Federal rehabilitation assistance. Each grantee or
participating jurisdiction shall:
(1) Conduct paint testing or presume the presence of lead-based
paint in accordance with paragraph (a) of this section.
(2) Perform a risk assessment in the dwelling units receiving
Federal assistance and in associated common areas and exterior painted
surfaces in accordance with Sec. 35.1320(b) before rehabilitation begins.
(3) Abate all lead-based paint hazards identified by the paint
testing or risk assessment conducted pursuant to paragraphs (d)(1) and
(d)(2) of this section, in accordance with Sec. 35.1325, except that
interim controls are acceptable on exterior surfaces that are not
disturbed by rehabilitation and on paint-lead hazards that have an area
smaller than the de minimis limits of Sec. 35.1350(d). If abatement of a
paint-lead hazard is required, it is necessary to abate only the surface
area with hazardous conditions.
(4) Implement safe work practices during rehabilitation work in
accordance with Sec. 35.1350 and repair any paint that is disturbed and is
known or presumed to be lead-based paint.

[64 FR 50214, Sept. 15, 1999; 65 FR 3387, Jan. 21, 2000]
Sec. 35.935

Ongoing lead-based paint maintenance activities.

In the case of a rental property receiving Federal rehabilitation
assistance under the HOME program, the grantee or participating
jurisdiction shall require the property owner to incorporate ongoing leadbased paint maintenance activities in regular building operations, in
accordance with Sec. 35.1355(a).
Sec. 35.940

Special requirements for insular areas.

If a dwelling unit receiving Federal assistance under a program
covered by this subpart is located in an insular area, the requirements of
this section shall apply and the requirements of Sec. 35.930 shall not
apply. All other sections of this subpart J shall apply. The insular area
shall conduct the following activities for the dwelling unit, common areas

- 43 servicing the dwelling unit, and the exterior surfaces of the building in
which the dwelling unit is located:
(a) Residential property receiving an average of up to and including
$5,000 per unit in Federal rehabilitation assistance.
(1) Implement safe work practices during rehabilitation work in
accordance with Sec. 35.1350 and repair any paint that is disturbed by
rehabilitation.
(2) After completion of any rehabilitation disturbing
surfaces, perform a clearance examination of the worksite(s) in
with Sec. 35.1340. Clearance shall be achieved before residents
allowed to occupy the worksite(s). Clearance is not required if
rehabilitation did not disturb painted surfaces of a total area
that set forth in Sec. 35.1350(b).

painted
accordance
are
more than

(b) Residential property receiving an average of more than $5,000 per
unit in Federal rehabilitation assistance.
(1) Before beginning rehabilitation, perform a visual assessment
of all painted surfaces in order to identify deteriorated paint.
(2) Perform paint stabilization of each deteriorated paint
surface and each painted surface being disturbed by rehabilitation, in
accordance with Secs. 35.1330(a) and (b).
(3) After completion of all paint stabilization, perform a
clearance examination of the affected dwelling units and common areas in
accordance with Sec. 35.1340. Clearance shall be achieved before residents
are allowed to occupy rooms or spaces in which paint stabilization has
been performed.
Subpart K_Acquisition, Leasing, Support Services, or Operation
Source: 64 FR 50214, Sept. 15, 1999, unless otherwise noted.
Sec. 35.1000

Purpose and applicability.

(a) The purpose of this subpart K is to establish procedures to
eliminate as far as practicable lead-based paint hazards in a residential
property that receives Federal assistance under certain HUD programs for
acquisition, leasing, support services, or operation. Acquisition,
leasing, support services, and operation do not include mortgage
insurance, sale of federally-owned housing, project-based or tenant-based
rental assistance, rehabilitation assistance, or assistance to public

- 44 housing. For requirements pertaining to those activities or types of
assistance, see the applicable subpart of this part.
(b) The grantee or participating jurisdiction may assign to a
subrecipient or other entity the responsibilities set forth in this
subpart.
(c) (1) The requirements of this subpart shall not apply to HOME
funds which are committed to a specific project in accordance with Sec.
92.2 of this title before September 15, 2000. Such projects shall be
subject to the requirements of Sec. 92.355 of this title that were in
effect at the time of project commitment, or the requirements of this
subpart.
(2) For purposes of the CDBG Entitlement program and the Indian
Housing Block Grant program, the requirements of this subpart shall apply
to activities (except those otherwise exempted) for which funds are first
obligated on or after September 15, 2000. For the purposes of the State,
HUD-Administered Small Cities, and Insular Areas CDBG programs, the
requirements of this subpart shall apply to all covered activities (except
those otherwise exempted) for which grant funding is awarded to the unit
of local government by the State or HUD, as applicable, on or after
September 15, 2000. For the purposes of the Emergency Shelter Grant
Program (42 U.S.C. 11371-11378) and the formula grants awarded under the
Housing Opportunities for Persons with AIDS Program (HOPWA) (42 U.S.C.
12901 et. seq.), the requirements of this subpart shall apply to
activities for which program funds are first obligated on or after
September 15, 2000.
(3) For the purposes of competitively awarded grants under the
HOPWA Program and the Supportive Housing Program (42 U.S.C. 11481-11389),
the requirements of this subpart shall apply to grants awarded under
Notices of Funding Availability published on or after September 15, 2000.
(4) For the purposes of the Indian CDBG program (Sec. 1003.607
of this title), the requirements of this subpart shall not apply to funds
whose notice of funding availability is announced or funding letter is
sent before September 15, 2000. Such project grantees shall be subject to
the regulations in effect at the time of announcement or funding letter.
[64 FR 50213, Sept. 15, 1999; 65 FR 3387, Jan. 21, 2000]
Sec. 35.1005

Definitions and other general requirements.

Definitions and other general requirements that apply to this subpart
are found in subpart B of this part.

- 45 Sec. 35.1010

Notices and pamphlet.

(a) Notice. In cases where evaluation or hazard reduction, including
paint stabilization, is undertaken, each grantee or participating
jurisdiction shall provide a notice to residents in accordance with Sec.
35.125. A visual assessment is not considered an evaluation for purposes
of this part.
(b) Lead hazard information pamphlet. The grantee or participating
jurisdiction shall provide the lead hazard information pamphlet in
accordance with Sec. 35.130.
Sec. 35.1015

Visual assessment, paint stabilization, and maintenance.

If a dwelling unit receives Federal assistance under a program covered
by this subpart, each grantee or participating jurisdiction shall conduct
the following activities for the dwelling unit, common areas servicing the
dwelling unit, and the exterior surfaces of the building in which the
dwelling unit is located:
(a) A visual assessment of all painted surfaces in order to identify
deteriorated paint;
(b) Paint stabilization of each deteriorated paint surface, and
clearance, in accordance with Secs. 35.1330(a) and (b), before occupancy
of a vacant dwelling unit or, where a unit is occupied, immediately after
receipt of Federal assistance; and
(c) The grantee or participating jurisdiction shall require the
incorporation of ongoing lead-based paint maintenance activities into
regular building operations, in accordance with Sec. 35.1355(a), if the
dwelling unit has a continuing, active financial relationship with a
Federal housing assistance program, except that mortgage insurance or loan
guarantees are not considered to constitute an active programmatic
relationship for the purposes of this part.
(d) The grantee or participating jurisdiction shall provide a notice
to occupants in accordance with Secs. 35.125(b)(1) and (c), describing the
results of the clearance examination.
Sec. 35.1020

Funding for evaluation and hazard reduction.

The grantee or participating jurisdiction shall determine whether the
cost of evaluation and hazard reduction is to be borne by the owner/
developer, the grantee or a combination of the owner/developer and the
grantee, based on program requirements and local program design.

- 46 Subpart L_Public Housing Programs
Source: 64 FR 50215, Sept. 15, 1999, unless otherwise noted.
Sec. 35.1100

Purpose and applicability.

The purpose of this subpart L is to establish procedures to eliminate
as far as practicable lead-based paint hazards in residential property
assisted under the U.S. Housing Act of 1937 (42 U.S.C. 1437 et seq.) but
not including housing assisted under section 8 of the 1937 Act.
Sec. 35.1105

Definitions and other general requirements.

Definitions and other general requirements that apply to this subpart
are found in subpart B of this part.
Sec. 35.1110

Notices and pamphlet.

(a) Notice. In cases where evaluation or hazard reduction is
undertaken, each public housing agency (PHA) shall provide a notice to
residents in accordance with Sec. 35.125. A visual assessment alone is not
considered an evaluation for purposes of this part.
(b) Lead hazard information pamphlet. The PHA shall provide the lead
hazard information pamphlet in accordance with Sec. 35.130.
Sec. 35.1115

Evaluation.

(a) A lead-based paint inspection shall be conducted in all public
housing unless a lead-based paint inspection that meets the conditions of
Sec. 35.165(a) has already been completed. If a lead-based paint
inspection was conducted by a lead-based paint inspector who was not
certified, the PHA shall review the quality of the inspection, in
accordance with quality control procedures established by HUD, to
determine whether the lead-based paint inspection has been properly
performed and the results are reliable. Lead-based paint inspections of
all housing to which this subpart applies shall be completed no later than
September 15, 2000. Revisions or augmentations of prior inspections found
to be of insufficient quality shall be completed no later than September
17, 2001.
(b) If a lead-based paint inspection has found the presence of leadbased paint, or if no lead-based paint inspection has been conducted, the
PHA shall conduct a risk assessment according to the following schedule,
unless a risk assessment that meets the conditions of Sec. 35.165(b) has
already been completed:

- 47 (1) Risk assessments shall be completed on or before March 15,
2001, in a multifamily residential property constructed before 1960.
(2) Risk assessments shall be completed on or before March 15,
2002, in a multifamily residential property constructed after 1959 and
before 1978.
(c) A PHA that advertises a construction contract (including
architecture/engineering contracts) for bid or award or plans to start
force account work shall not execute such contract until a lead-based
paint inspection and, if required, a risk assessment, has taken place and
any necessary abatement is included in the modernization budget, except
for contracts solely for emergency work in accordance with Sec.
35.115(a)(9).
(d) The five-year funding request plan for CIAP and CGP shall be
amended to include the schedule and funding for lead-based paint
activities.
Sec. 35.1120

Hazard reduction.

(a) Each PHA shall, in accordance with Sec. 35.1325, abate all leadbased paint and lead-based paint hazards identified in the evaluations
conducted pursuant to Sec. 35.1115. The PHA shall abate lead-based paint
and lead-based paint hazards in accordance with Sec. 35.1325 during the
course of physical improvements conducted under the modernization.
(b) In all housing where abatement of all lead-based paint and leadbased paint hazards required in paragraph (a) of this section has not yet
occurred, each PHA shall conduct interim controls, in accordance with Sec.
35.1330, of the lead-based paint hazards identified in the most recent
risk assessment.
(1) Interim controls of dwelling units in which any child who is
less than 6 years of age resides and common areas servicing those dwelling
units shall be completed within 90 days of the evaluation under Sec.
35.1330. If a unit becomes newly occupied by a family with a child of less
than 6 years of age or such child moves into a unit, interim controls
shall be completed within 90 days after the new occupancy or move-in if
they have not already been completed.
(2) Interim controls in dwelling units not occupied by families
with one or more children of less than 6 years of age, common areas
servicing those units, and the remaining portions of the residential
property shall be completed no later than 12 months after completion of
the evaluation conducted under Sec. 35.1115.

- 48 (c) The PHA shall incorporate ongoing lead-based paint maintenance
and reevaluation activities into regular building operations in accordance
with Sec. 35.1355. In accordance with Sec. 35.115(a) (6) and (7), this
requirement does not apply to a development or part thereof if it is to be
demolished or disposed of in accordance with disposition requirements in
part 970 of this title, provided the dwelling unit will remain unoccupied
until demolition, or if it is not used and will not be used for human
habitation.
Sec. 35.1125
development.

Evaluation and hazard reduction before acquisition and

(a) For each residential property constructed before 1978 and
proposed to be acquired for a family project (whether or not it will need
rehabilitation) a lead-based paint inspection and risk assessment for
lead-based paint hazards shall be conducted in accordance with Sec.
35.1320.
(b) If lead-based paint is found in a residential property to be
acquired, the cost of evaluation and abatement shall be considered when
making the cost comparison to justify new construction, as well as when
meeting maximum total development cost limitations.
(c) If lead-based paint is found, compliance with this subpart is
required, and abatement of lead-based paint and lead-based paint hazards
shall be completed in accordance with Sec. 35.1325 before occupancy.
Sec. 35.1130

Child with an environmental intervention blood lead level.

(a) Risk assessment. Within 15 days after being notified by a public
health department or other medical health care provider that a child of
less than 6 years of age living in a public housing development has been
identified as having an environmental intervention blood lead level, the
PHA shall complete a risk assessment of the dwelling unit in which the
child lived at the time the blood was last sampled and of common areas
servicing the dwelling unit, the provisions of Sec. 35.1115(b)
notwithstanding. The risk assessment shall be conducted in accordance with
Sec. 35.1320(b) and is considered complete when the PHA receives the risk
assessment report. The requirements of this paragraph apply regardless of
whether the child is or is not still living in the unit when the PHA
receives the notification of the environmental intervention blood lead
level. The requirements of this paragraph shall not apply if the PHA
conducted a risk assessment of the unit and common areas servicing the
unit between the date the child's blood was last sampled and the date when
the PHA received the notification of the environmental intervention blood
lead level. If the public health department has already conducted an

- 49 evaluation of the dwelling unit, the requirements of this paragraph shall
not apply.
(b) Verification. After receiving information from a person who is
not a medical health care provider that a child of less than 6 years of
age living in a public housing development may have an environmental
intervention blood lead level, the PHA shall immediately verify the
information with the public health department or other medical health care
provider. If that department or provider verifies that the child has an
environmental intervention blood lead level, such verification shall
constitute notification, and the housing agency shall take the action
required in paragraphs (a) and (c) of this section.
(c) Hazard reduction. Within 30 days after receiving the report of
the risk assessment conducted pursuant to paragraph (a) of this section or
the evaluation from the public health department, the PHA shall complete
the reduction of lead-based paint hazards identified in the risk
assessment in accordance with Sec. 35.1325 or Sec. 35.1330. Hazard
reduction is considered complete when clearance is achieved in accordance
with Sec. 35.1340 and the clearance report states that all lead-based
paint hazards identified in the risk assessment have been treated with
interim controls or abatement or the local or State health department
certifies that lead-based paint hazard reduction is complete. The
requirements of this paragraph do not apply if the PHA, between the date
the child's blood was last sampled and the date the owner received the
notification of the environmental intervention blood lead level, already
conducted a risk assessment of the unit and common areas servicing the
unit and completed reduction of identified lead-based paint hazards.
(d) Notice of evaluation and hazard reduction. The PHA shall notify
building residents of any evaluation or hazard reduction activities in
accordance with Sec. 35.125.
(e) Reporting requirement. The PHA shall report the name and address
of a child identified as having an environmental intervention blood lead
level to the public health department within 5 working days of being so
notified by any other medical health care professional. The PHA shall also
report each known case of a child with an environmental intervention blood
lead level to the HUD field office.
(f) Other units in building. If the risk assessment conducted
pursuant to paragraph (a) of this section identifies lead-based paint
hazards and previous evaluations of the building conducted pursuant to
Sec. 35.1320 did not identify lead-based paint or lead-based paint
hazards, the PHA shall conduct a risk assessment of other units of the
building in accordance with Sec. 35.1320(b) and shall conduct interim

- 50 controls of identified hazards in accordance with the schedule provided in
Sec. 35.1120(c).
Sec. 35.1135

Eligible costs.

A PHA may use financial assistance received under the modernization
program (CIAP or CGP) for the notice, evaluation and reduction of leadbased paint hazards in accordance with Sec. 968.112 of this title.
Eligible costs include:
(a) Evaluation and insurance costs. Evaluation and hazard reduction
activities, and costs for insurance coverage associated with these
activities.
(b) Planning costs. Planning costs are costs that are incurred before
HUD approval of the CGP or CIAP application and that are related to
developing the CIAP application or carrying out eligible modernization
planning, such as planning for abatement, detailed design work,
preparation of solicitations, and evaluation. Planning costs may be funded
as a single work item. Planning costs shall not exceed 5 percent of the
CIAP funds available to a HUD Field Office in a particular fiscal year.
(c) Architectural/engineering and consultant fees. Eligible costs
include fees for planning, identification of needs, detailed design work,
preparation of construction and bid documents and other required
documents, evaluation, planning and design for abatement, and inspection
of work in progress.
(d) Environmental intervention blood lead level response costs. The
PHA may use its operating reserves and, when necessary, may request
reimbursement from the current fiscal year CIAP funds, or request the
reprogramming of previously approved CIAP funds to cover the costs of
evaluation and hazard reduction.
Sec. 35.1140

Insurance coverage.

For the requirements concerning the obligation of a PHA to obtain
reasonable insurance coverage with respect to the hazards associated with
evaluation and hazard reduction activities, see Sec. 965.215 of this
title.
Subpart M_Tenant-Based Rental Assistance
Source: 64 FR 50216, Sept. 15, 1999, unless otherwise noted.
Sec. 35.1200

Purpose and applicability.

- 51 (a) Purpose. The purpose of this subpart M is to establish procedures
to eliminate as far as practicable lead-based paint hazards in housing
occupied by families receiving tenant-based rental assistance. Such
assistance includes tenant-based rental assistance under the Section 8
certificate program, the Section 8 voucher program, the HOME program, the
Shelter Plus Care program, the Housing Opportunities for Persons With AIDS
(HOPWA) program, and the Indian Housing Block Grant program. Tenant-based
rental assistance means rental assistance that is not attached to the
structure.
(b) Applicability.
(1) This subpart applies only to dwelling units occupied or to
be occupied by families or households that have one or more children of
less than 6 years of age, common areas servicing such dwelling units, and
exterior painted surfaces associated with such dwelling units or common
areas. Common areas servicing a dwelling unit include those areas through
which residents pass to gain access to the unit and other areas frequented
by resident children of less than 6 years of age, including on-site play
areas and child care facilities.
(2) For the purposes of the Section 8 tenant-based certificate
program and the Section 8 voucher program:
(i) The requirements of this subpart are applicable where
an initial or periodic inspection occurs on or after September 15, 2000;
and
(ii) The PHA shall be the designated party.
(3) For the purposes of formula grants awarded under the Housing
Opportunities for Persons with AIDS Program (HOPWA) (42 U.S.C. 12901 et
seq.):
(i) The requirements of this subpart shall apply to
activities for which program funds are first obligated on or after
September 15, 2000; and
(ii) The grantee shall be the designated party.
(4) For the purposes of competitively awarded grants under the
HOPWA Program and the Shelter Plus Care program (42 U.S.C. 11402-11407)
tenant-based rental assistance component:
(i) The requirements of this subpart shall apply to grants
awarded pursuant to Notices of Funding Availability published on or after
September 15, 2000; and

- 52 -

(ii) The grantee shall be the designated party.
(5) For the purposes of the HOME program:
(i) The requirements of this subpart shall not apply to
funds which are committed in accordance with Sec. 92.2 of this title
before September 15, 2000; and
(ii) The participating jurisdiction shall be the designated
party.
(6) For the purposes of the Indian Housing Block Grant program:
(i) The requirements of this subpart shall apply to
activities for which funds are first obligated on or after September 15,
2000; and
(ii) The IHBG recipient shall be the designated party.
(7) The housing agency, grantee, participating jurisdiction, or
IHBG recipient may assign to a subrecipient or other entity the
responsibilities of the designated party in this subpart.
[64 FR 50216, Sept. 15, 1999; 65 FR 3387, Jan. 21, 2000]
Sec. 35.1205

Definitions and other general requirements.

Definitions and other general requirements that apply to this subpart
are found in subpart B of this part.
Sec. 35.1210

Notices and pamphlet.

(a) Notice. In cases where evaluation or paint stabilization is
undertaken, the owner shall provide a notice to residents in accordance
with Sec. 35.125. A visual assessment alone is not considered an
evaluation for purposes of this part.
(b) Lead hazard information pamphlet. The owner shall provide the
lead hazard information pamphlet in accordance with Sec. 35.130.
Sec. 35.1215

Activities at initial and periodic inspection.

(a) (1) During the initial and periodic inspections, an inspector
acting on behalf of the designated party and trained in visual assessment
for deteriorated paint surfaces in accordance with procedures established

- 53 by HUD shall conduct a visual assessment of all painted surfaces in order
to identify any deteriorated paint.
(2) For tenant-based rental assistance provided under the HOME
program, visual assessment shall be conducted as part of the initial and
periodic inspections required under Sec. 92.209(i) of this title.
(b) The owner shall stabilize each deteriorated paint surface in
accordance with Sec. 35.1330(a) and (b) before commencement of assisted
occupancy. If assisted occupancy has commenced prior to a periodic
inspection, such paint stabilization must be completed within 30 days of
notification of the owner of the results of the visual assessment. Paint
stabilization is considered complete when clearance is achieved in
accordance with Sec. 35.1340. If the owner does not complete the hazard
reduction required by this section, the dwelling unit is in violation of
Housing Quality Standards (HQS) until the hazard reduction is completed or
the unit is no longer covered by this subpart because the unit is no
longer under a housing assistance payment (HAP) contract with the housing
agency.
(c) The owner shall provide a notice to occupants in accordance with
Sec. 35.125(b)(1) and (c) describing the results of the clearance
examination.
(d) The designated party may grant the owner an extension of time to
complete paint stabilization and clearance for reasonable cause, but such
an extension shall not extend beyond 90 days after the date of
notification to the owner of the results of the visual assessment.
Sec. 35.1220

Ongoing lead-based paint maintenance activities.

Notwithstanding the designation of the PHA, grantee, participating
jurisdiction, or Indian Housing Block Grant (IHBG) recipient as the
designated party for this subpart, the owner shall incorporate ongoing
lead-based paint maintenance activities into regular building operations
in accordance with Sec. 35.1355(a).
Sec. 35.1225

Child with an environmental intervention blood lead level.

(a) Within 15 days after being notified by a public health department
or other medical health care provider that a child of less than 6 years of
age living in an assisted dwelling unit has been identified as having an
environmental intervention blood lead level, the designated party shall
complete a risk assessment of the dwelling unit in which the child lived
at the time the blood was last sampled and of the common areas servicing
the dwelling unit. The risk assessment shall be conducted in accordance
with Sec. 35.1320(b). When the risk assessment is complete, the designated

- 54 party shall immediately provide the report of the risk assessment to the
owner of the dwelling unit. If the child identified as having an
environmental intervention blood lead level is no longer living in the
unit when the designated party receives notification from the public
health department or other medical health care provider, but another
household receiving tenant-based rental assistance is living in the unit
or is planning to live there, the requirements of this section apply just
as they do if the child still lives in the unit. If a public health
department has already conducted an evaluation of the dwelling unit, or
the designated party conducted a risk assessment of the unit and common
areas servicing the unit between the date the child's blood was last
sampled and the date when the designated party received the notification
of the environmental intervention blood lead level, the requirements of
this paragraph shall not apply.
(b) Verification. After receiving information from a source other
than a public health department or other medical health care provider that
a child of less than 6 years of age living in an assisted dwelling unit
may have an environmental intervention blood lead level, the designated
party shall immediately verify the information with a public health
department or other medical health care provider. If that department or
provider verifies that the child has an environmental intervention blood
lead level, such verification shall constitute notification to the
designated party as provided in paragraph (a) of this section, and the
designated party shall take the action required in paragraphs (a) and (c)
of this section.
(c) Hazard reduction. Within 30 days after receiving the risk
assessment report from the designated party or the evaluation from the
public health department, the owner shall complete the reduction of
identified lead-based paint hazards in accordance with Sec. 35.1325 or
Sec. 35.1330. Hazard reduction is considered complete when clearance is
achieved in accordance with Sec. 35.1340 and the clearance report states
that all lead-based paint hazards identified in the risk assessment have
been treated with interim controls or abatement or when the public health
department certifies that the lead-based paint hazard reduction is
complete. If the owner does not complete the hazard reduction required by
this section, the dwelling unit is in violation of Housing Quality
Standards (HQS).
(d) Notice of evaluation and hazard reduction. The owner shall notify
building residents of any evaluation or hazard reduction activities in
accordance with Sec. 35.125.
(e) Reporting requirement. The designated party shall report the name
and address of a child identified as having an environmental intervention

- 55 blood lead level to the public health department within 5 working days of
being so notified by any other medical health care professional.
(f) Data collection and record keeping responsibilities. At least
quarterly, the designated party shall attempt to obtain from the public
health department(s) with area(s) of jurisdiction similar to that of the
designated party the names and/or addresses of children of less than 6
years of age with an identified environmental intervention blood lead
level. At least quarterly, the designated party shall also report an
updated list of the addresses of units receiving assistance under a
tenant-based rental assistance program to the same public health
department(s), except that the report(s) to the public health
department(s) is not required if the health department states that it does
not wish to receive such report. If it obtains names and addresses of
environmental intervention blood lead level children from the public
health department(s), the designated party shall match information on
cases of environmental intervention blood lead levels with the names and
addresses of families receiving tenant-based rental assistance, unless the
public health department performs such a matching procedure. If a match
occurs, the designated party shall carry out the requirements of this
section.
Subparts N-Q [Reserved]
Subpart R_Methods and Standards for Lead-Paint Hazard Evaluation and
Hazard Reduction Activities
Source: 64 FR 50218, Sept. 15, 1999, unless otherwise noted.
Sec. 35.1300

Purpose and applicability.

The purpose of this subpart R is to provide standards and methods for
evaluation and hazard reduction activities required in subparts B, C, D,
and F through M of this part.
Sec. 35.1305

Definitions and other general requirements.

Definitions and other general requirements that apply to this subpart
are found in subpart B of this part.
Sec. 35.1310

References.

Further guidance information regarding evaluation and hazard reduction
activities described in this subpart is found in the following:
(a) The HUD Guidelines for the Evaluation and Control of Lead-Based
Paint Hazards in Housing (Guidelines);

- 56 -

(b) The EPA Guidance on Residential Lead-Based Paint, LeadContaminated Dust, and Lead Contaminated Soil;
(c) Guidance, methods or protocols issued by States and Indian tribes
that have been authorized by EPA under 40 CFR 745.324 to administer and
enforce lead-based paint programs.
Sec. 35.1315

Collection and laboratory analysis of samples.

All paint chip, dust, or soil samples shall be collected and analyzed
in accordance with standards established either by a State or Indian tribe
under a program authorized by EPA in accordance with 40 CFR part 745,
subpart Q, or by the EPA in accordance with 40 CFR 745.227, and as further
provided in this subpart.
Sec. 35.1320

Lead-based paint inspections and risk assessments.

(a) Lead-based paint inspections and paint testing. Lead-based paint
inspections shall be performed in accordance with methods and standards
established either by a State or Tribal program authorized by the EPA
under 40 CFR 745.324, or by the EPA at 40 CFR 745.227(b) and (h). Paint
testing to determine the presence or absence of lead-based paint on
deteriorated paint surfaces or surfaces to be disturbed or replaced shall
be performed by a certified lead-based paint inspector or risk assessor.
(b) Risk assessments, lead-hazard screens and reevaluations.
(1) Risk assessments and lead-hazard screens shall be performed
in accordance with methods and standards established either by a state or
tribal program authorized by the EPA, or by the EPA at 40 CFR 745.227(c),
(d), and (h) and paragraph (b)(2) of this section. Reevaluations shall be
performed by a certified risk assessor in accordance with Sec. 35.1355(b)
and paragraph (b)(2) of this section.
(2) Risk assessors shall use standards for determining dust-lead
hazards and soil-lead hazards that are at least as protective as those
promulgated by the EPA at 40 CFR 745.227(h) or, if such standards are not
in effect, the following levels for dust or soil:
(i) Dust. A dust-lead hazard is surface dust that contains
a mass- per-area concentration (loading) of lead, based on wipe samples,
equal to or exceeding the applicable level in the following table:

- 57 Dust Lead Standards
-----------------------------------------------------------------------------------------------------------Surface
-------------------------------------------------------------------Evaluation method

Interior window
Floors, µg/ft2
sills, µg/ft2
Window troughs,
2
(mg/m )
(mg/m2)
µg/ft2 (µg/m2)
-----------------------------------------------------------------------------------------------------------Risk Assessment........................
40 (0.43)
250 (2.7) Not Applicable.
Lead Hazard Screen.....................
25 (0.27)
125 (1.4) Not Applicable.
Reevaluation...........................
40 (0.43)
250 (2.7) Not Applicable.
Clearance..............................
40 (0.43)
250 (2.7) 400 (4.3).
------------------------------------------------------------------------------------------------------------

Note 1: "Floors" includes carpeted and uncarpeted interior floors.
Note 2: A dust-lead hazard is present or clearance fails when the
weighted arithmetic mean lead loading for all single-surface or composite
samples is equal to or greater than the applicable standard. For composite
samples of two to four subsamples, the standard is determined by dividing
the standard in the table by one half the number of subsamples. See EPA
regulations at 40 CFR 745.63 and 745.227(h)(3)(i).
(ii) Soil.
(A) A soil-lead hazard for play areas frequented by
children under six years of age is bare soil with lead equal to or
exceeding 400 parts per million (micrograms per gram).
(B) For the rest of the yard, a soil-lead hazard is
bare soil that totals more than 9 square feet (0.8 square meters) per
property with lead equal to or exceeding an average of 1,200 parts per
million (micrograms per gram).
(3) Lead-hazard screens shall be performed in accordance with
the methods and standards established either by a state or Tribal program
authorized by the EPA, or by the EPA at 40 CFR 745.227(c), and paragraphs
(b)(1) and (b)(2) of this section. If the lead-hazard screen indicates the
need for a follow-up risk assessment (e.g., if dust-lead measurements
exceed the levels established for lead-hazard screens in paragraph
(b)(2)(i) of this section), a risk assessment shall be conducted in
accordance with paragraphs (b)(1) and (b)(2) of this section. Dust, soil,
and paint samples collected for the lead-hazard screen may be used in the
risk assessment. If the lead hazard screen does not indicate the need for
a follow-up risk assessment, no further risk assessment is required.
(c) It is strongly recommended, but not required, that lead-based
paint inspectors, risk assessors, and sampling technicians provide a
plain-language summary of the results suitable for posting or distribution
to occupants in compliance with Sec. 35.125.

- 58 -

Sec. 35.1325

Abatement.

Abatement shall be performed in accordance with methods and standards
established either by a State or Indian tribe under a program authorized
by EPA, or by EPA at 40 CFR 745.227(e), and shall be completed by
achieving clearance in accordance with Sec. 35.1340. If encapsulation or
enclosure is used as a method of abatement, ongoing lead-based paint
maintenance activities shall be performed as required by the applicable
subpart of this part in accordance with Sec. 35.1355. Abatement of an
intact, factory-applied prime coating on metal surfaces is not required
unless the surface is a friction surface.
Sec. 35.1330

Interim controls.

Interim controls of lead-based paint hazards identified in a risk
assessment shall be conducted in accordance with the provisions of this
section. Interim control measures include paint stabilization of
deteriorated paint, treatments for friction and impact surfaces where
levels of lead dust are above the levels specified in Sec. 35.1320, dust
control, and lead-contaminated soil control. As provided by Sec. 35.155,
interim controls may be performed in combination with, or be replaced by,
abatement methods.
(a) General requirements.
(1) Only those interim control methods identified as acceptable
methods in a current risk assessment report shall be used to control
identified hazards, except that, if only paint stabilization is required
in accordance with subparts F, H, K or M of this part, it shall not be
necessary to have conducted a risk assessment.
(2) Occupants of dwelling units where interim controls are being
performed shall be protected during the course of the work in accordance
with Sec. 35.1345.
(3) Clearance testing shall be performed at the conclusion of
interim control activities in accordance with Sec. 35.1340.
(4) A person performing interim controls must be trained in
accordance with the hazard communication standard for the construction
industry issued by the Occupational Safety and Health Administration of
the U.S. Department of Labor at 29 CFR 1926.59, and either be supervised
by an individual certified as a lead-based paint abatement supervisor or
have completed successfully one of the following lead-safe work practices
courses, except that this supervision or lead-safe work practices training

- 59 requirement does not apply to work that disturbs painted surfaces less
than the de minimis limits of Sec. 35.1350(d):
(i) A lead-based paint abatement supervisor course
accredited in accordance with 40 CFR 745.225;
(ii) A lead-based paint abatement worker course accredited
in accordance with 40 CFR 745.225; or
(iii) Another course approved by HUD for this purpose after
consultation with the EPA. A current list of approved courses is available
on the Internet at http://www.hud.gov/offices/lead, or by mail or fax from
the HUD Office of Healthy Homes and Lead Hazard Control at (202) 755-1785,
extension 104 (this is not a toll-free number). Persons with hearing or
speech impediments may access the above telephone number via phone or TTY
by calling the toll-free Federal Information Relay Service at (800) 8778339.
(b) Paint stabilization.
(1) Interim control treatments used to stabilize deteriorated
lead-based paint shall be performed in accordance with the requirements of
this section. Interim control treatments of intact, factory applied prime
coatings on metal surfaces are not required. Finish coatings on such
surfaces shall be treated by interim controls if those coatings contain
lead-based paint.
(2) Any physical defect in the substrate of a painted surface or
component that is causing deterioration of the surface or component shall
be repaired before treating the surface or component. Examples of
defective substrate conditions include dry-rot, rust, moisture-related
defects, crumbling plaster, and missing siding or other components that
are not securely fastened.
(3) Before applying new paint, all loose paint and other loose
material shall be removed from the surface to be treated. Acceptable
methods for preparing the surface to be treated include wet scraping, wet
sanding, and power sanding performed in conjunction with a HEPA filtered
local exhaust attachment operated according to the manufacturer's
instructions.
(4) Dry sanding or dry scraping is permitted only in accordance
with Sec. 35.140(e) (i.e., for electrical safety reasons or for specified
minor amounts of work).
(5) Paint stabilization shall include the application of a new
protective coating or paint. The surface substrate shall be dry and

- 60 protected from future moisture damage before applying a new protective
coating or paint. All protective coatings and paints shall be applied in
accordance with the manufacturer's recommendations.
(6) Paint stabilization shall incorporate the use of safe work
practices in accordance with Sec. 35.1350.
(c) Friction and impact surfaces.
(1) Friction surfaces are required to be treated only if:
(i) Lead dust levels on the nearest horizontal surface
underneath the friction surface (e.g., the window sill, window trough, or
floor) are equal to or greater than the standards specified in 35.1320(b);
(ii) There is evidence that the paint surface is subject to
abrasion; and
(iii) Lead-based paint is known or presumed to be present
on the friction surface.
(2) Impact surfaces are required to be treated only if:
(i) Paint on an impact surface is damaged or otherwise
deteriorated;
(ii) The damaged paint is caused by impact from a related
building component (such as a door knob that knocks into a wall, or a door
that knocks against its door frame); and
(iii) Lead-based paint is known or presumed to be present
on the impact surface.
(3) Examples of building components that may contain friction or
impact surfaces include the following:
(i) Window systems;
(ii) Doors;
(iii) Stair treads and risers;
(iv) Baseboards;
(v) Drawers and cabinets; and

- 61 (vi) Porches, decks, interior floors, and any other painted
surfaces that are abraded, rubbed, or impacted.
(4) Interim control treatments for friction surfaces shall
eliminate friction points or treat the friction surface so that paint is
not subject to abrasion. Examples of acceptable treatments include
rehanging and/or planing doors so that the door does not rub against the
door frame, and installing window channel guides that reduce or eliminate
abrasion of painted surfaces. Paint on stair treads and floors shall be
protected with a durable cover or coating that will prevent abrasion of
the painted surfaces. Examples of acceptable materials include carpeting,
tile, and sheet flooring.
(5) Interim control treatments for impact surfaces shall protect
the paint from impact. Examples of acceptable treatments include
treatments that eliminate impact with the paint surface, such as a door
stop to prevent a door from striking a wall or baseboard.
(6) Interim control for impact or friction surfaces does not
include covering such a surface with a coating or other treatment, such as
painting over the surface, that does not protect lead-based paint from
impact or abrasion.
(d) Chewable surfaces.
(1) Chewable surfaces are required to be treated only if there
is evidence of teeth marks, indicating that a child of less than six years
of age has chewed on the painted surface, and lead-based paint is known or
presumed to be present on the surface.
(2) Interim control treatments for chewable surfaces shall make
the lead-based paint inaccessible for chewing by children of less than 6
years of age. Examples include enclosures or coatings that cannot be
penetrated by the teeth of such children.
(e) Dust-lead hazard control.
(1) Interim control treatments used to control dust-lead hazards
shall be performed in accordance with the requirements of this section.
Additional information on dust removal is found in the HUD Guidelines,
particularly Chapter 11 (see Sec. 35.1310).
(2) Dust control shall involve a thorough cleaning of all
horizontal surfaces, such as interior window sills, window troughs,
floors, and stairs, but excluding ceilings. All horizontal surfaces, such
as floors, stairs, window sills and window troughs, that are rough,

- 62 pitted, or porous shall be covered with a smooth, cleanable covering or
coating, such as metal coil stock, plastic, polyurethane, or linoleum.
(3) Surfaces covered by a rug or carpeting shall be cleaned as
follows:
(i) The floor surface under a rug or carpeting shall be
cleaned where feasible, including upon removal of the rug or carpeting,
with a HEPA vacuum or other method of equivalent efficacy.
(ii) An unattached rug or an attached carpet that is to be
removed, and padding associated with such rug or carpet, located in an
area of the dwelling unit with dust-lead hazards on the floor, shall be
thoroughly vacuumed with a HEPA vacuum or other method of equivalent
efficacy. Protective measures shall be used to prevent the spread of dust
during removal of a rug, carpet or padding from the dwelling. For example,
it shall be misted to reduce dust generation during removal. The item(s)
being removed shall be wrapped or otherwise sealed before removal from the
worksite.
(iii) An attached carpet located in an area of the dwelling
unit with dust-lead hazards on the floor shall be thoroughly vacuumed with
a HEPA vacuum or other method of equivalent efficacy if it is not to be
removed.
(f) Soil-lead hazards.
(1) Interim control treatments used to control soil-lead hazards
shall be performed in accordance with this section.
(2) Soil with a lead concentration equal to or greater than
5,000 µg/g of lead shall be abated in accordance with 40 CFR 745.227(e).
(3) Acceptable interim control methods for soil lead are
impermanent surface coverings and land use controls.
(i) Impermanent surface coverings may be used to treat
lead- contaminated soil if applied in accordance with the following
requirements. Examples of acceptable impermanent coverings include gravel,
bark, sod, and artificial turf.
(A) Impermanent surface coverings selected shall be
designed to withstand the reasonably-expected traffic. For example, if the
area to be treated is heavily traveled, neither grass or sod shall be
used.

- 63 (B) When loose impermanent surface coverings such as
bark or gravel are used, they shall be applied in a thickness not less
than six inches deep.
(C) The impermanent surface covering material shall
not contain more than 400 µg/g of lead.
(D) Adequate controls to prevent erosion shall be used
in conjunction with impermanent surface coverings.
(ii) Land use controls may be used to reduce exposure to
soil-lead hazards only if they effectively control access to areas with
soil-lead hazards. Examples of land use controls include: fencing, warning
signs, and landscaping.
(A) Land use controls shall be implemented only if
residents have reasonable alternatives to using the area to be controlled.
(B) If land use controls are used for a soil area that
is subject to erosion, measures shall be taken to contain the soil and
control dispersion of lead.
Sec. 35.1335

Standard treatments.

Standard treatments shall be conducted in accordance with this
section.
(a) Paint stabilization. All deteriorated paint on exterior and
interior surfaces located on the residential property shall be stabilized
in accordance with Sec. 35.1330(a)(b), or abated in accordance with Sec.
35.1325.
(b) Smooth and cleanable horizontal surfaces. All horizontal
surfaces, such as uncarpeted floors, stairs, interior window sills and
window troughs, that are rough, pitted, or porous, shall be covered with a
smooth, cleanable covering or coating, such as metal coil stock, plastic,
polyurethane, or linoleum.
(c) Correcting dust-generating conditions. Conditions causing
friction or impact of painted surfaces shall be corrected in accordance
with Sec. 35.1330(c)(4)-(6).
(d) Bare residential soil. Bare soil shall be treated in accordance
with the requirements of Sec. 35.1330, unless it is found not to be a
soil-lead hazard in accordance with Sec. 35.1320(b).

- 64 (e) Safe work practices. All standard treatments described in
paragraphs (a) through (d) of this section shall incorporate the use of
safe work practices in accordance with Sec. 35.1350.
(f) Clearance. A clearance examination shall be performed in
accordance with Sec. 35.1340 at the conclusion of any lead hazard
reduction activities.
(g) Qualifications. An individual performing standard treatments must
meet the training and/or supervision requirements of Sec. 35.1330(a)(4).
Sec. 35.1340

Clearance.

Clearance examinations required under subparts B, C, D, F through M,
and R, of this part shall be performed in accordance with the provisions
of this section.
(a) Clearance following abatement. Clearance examinations performed
following abatement of lead-based paint or lead-based paint hazards shall
be performed in accordance with 40 CFR 745.227(e) and paragraphs (c)-(f)
of this section. Such clearances shall be performed by a person certified
to perform risk assessments or lead-based paint inspections.
(b) Clearance following activities other than abatement. Clearance
examinations performed following interim controls, paint stabilization,
standard treatments, ongoing lead-based paint maintenance, or
rehabilitation shall be performed in accordance with the requirements of
this paragraph (b) and paragraphs (c) through (g) of this section.
Clearance is not required if the work being cleared does not disturb
painted surfaces of a total area more than that set forth in Sec.
35.1350(d).
(1) Qualified personnel. Clearance examinations shall be
performed by:
(i) A certified risk assessor;
(ii) A certified lead-based paint inspector;
(iii) A person who has successfully completed a training
course for sampling technicians (or a discipline of similar purpose and
title) that is developed or accepted by EPA or a State or tribal program
authorized by EPA pursuant to 40 CFR part 745, subpart Q, and that is
given by a training provider accredited by EPA or a State or Indian Tribe
for training in lead-based paint inspection or risk assessment, provided a
certified risk assessor or a certified lead-based paint inspector approves

- 65 the work of the sampling technician and signs the report of the clearance
examination; or
(iv) A technician licensed or certified by EPA or a State
or Indian Tribe to perform clearance examinations without the approval of
a certified risk assessor or certified lead-based paint inspector,
provided that a clearance examination by such a licensed or certified
technician shall be performed only for a single-family property or
individual dwelling units and associated common areas in a multi-unit
property, and provided further that a clearance examination by such a
licensed or certified sampling technician shall not be performed using
random sampling of dwelling units or common areas in multifamily
properties, except that a clearance examination performed by such a
licensed or certified sampling technician is acceptable for any
residential property if the clearance examination is approved and the
report signed by a certified risk assessor or a certified lead-based paint
inspector.
(2) Required activities.
(i) Clearance examinations shall include a visual
assessment, dust sampling, submission of samples for analysis for lead in
dust, interpretation of sampling results, and preparation of a report.
Soil sampling is not required. Clearance examinations shall be performed
in dwelling units, common areas, and exterior areas in accordance with
this section and the steps set forth at 40 CFR 745.227(e)(8). If clearance
is being performed after lead-based paint hazard reduction, paint
stabilization, maintenance, or rehabilitation that affected exterior
surfaces but did not disturb interior painted surfaces or involve
elimination of an interior dust-lead hazard, interior clearance is not
required if window, door, ventilation, and other openings are sealed
during the exterior work. If clearance is being performed for more than 10
dwelling units of similar construction and maintenance, as in a
multifamily property, random sampling for the purpose of clearance may be
conducted in accordance with 40 CFR 745.227(e)(9).
(ii) The visual assessment shall be performed to determine
if deteriorated paint surfaces and/or visible amounts of dust, debris,
paint chips or other residue are still present. Both exterior and interior
painted surfaces shall be examined for the presence of deteriorated paint.
If deteriorated paint or visible dust, debris or residue are present in
areas subject to dust sampling, they must be eliminated prior to the
continuation of the clearance examination, except elimination of
deteriorated paint is not required if it has been determined, through
paint testing or a lead-based paint inspection, that the deteriorated
paint is not lead-based paint. If exterior painted surfaces have been
disturbed by the hazard reduction, maintenance or rehabilitation activity,

- 66 the visual assessment shall include an assessment of the ground and any
outdoor living areas close to the affected exterior painted surfaces.
Visible dust or debris in living areas shall be cleaned up and visible
paint chips on the ground shall be removed.
(iii) Dust samples shall be wipe samples and shall be taken
on floors and, where practicable, interior window sills and window
troughs. Dust samples shall be collected and analyzed in accordance with
Sec. 35.1315 of this part.
(iv) Clearance reports shall be prepared in accordance with
paragraph (c) of this section.
(c) Clearance report. When clearance is required, the designated
party shall ensure that a clearance report is prepared that provides
documentation of the hazard reduction or maintenance activity as well as
the clearance examination. When abatement is performed, the report shall
be an abatement report in accordance with 40 CFR 745.227(e)(10). When
another hazard reduction or maintenance activity requiring a clearance
report is performed, the report shall include the following information:
(1) The address of the residential property and, if only part of
a multifamily property is affected, the specific dwelling units and common
areas affected.
(2) The following information on the clearance examination:
(i) The date(s) of the clearance examination;
(ii) The name, address, and signature of each person
performing the clearance examination, including certification number;
(iii) The results of the visual assessment for the presence
of deteriorated paint and visible dust, debris, residue or paint chips;
(iv) The results of the analysis of dust samples, in
µg/sq.ft., by location of sample; and
(v) The name and address of each laboratory that conducted
the analysis of the dust samples, including the identification number for
each such laboratory recognized by EPA under section 405(b) of the Toxic
Substances Control Act (15 U.S.C. 2685(b)).
(3) The following information on the hazard reduction or
maintenance activity for which clearance was performed:

- 67 (i) The start and completion dates of the hazard reduction
or maintenance activity;
(ii) The name and address of each firm or organization
conducting the hazard reduction or maintenance activity and the name of
each supervisor assigned;
(iii) A detailed written description of the hazard
reduction or maintenance activity, including the methods used, locations
of exterior surfaces, interior rooms, common areas, and/or components
where the hazard reduction activity occurred, and any suggested monitoring
of encapsulants or enclosures; and
(iv) If soil hazards were reduced, a detailed description
of the location(s) of the hazard reduction activity and the method(s)
used.
(d) Standards. The clearance standards in Sec. 35.1320(b)(2) shall
apply. If test results equal or exceed the standards, the dwelling unit,
worksite, or common area represented by the sample fails the clearance
examination.
(e) Clearance failure. All surfaces represented by a failed clearance
sample shall be recleaned or treated by hazard reduction, and retested,
until the applicable clearance level in Sec. 35.1320(b)(2) is met.
(f) Independence. Clearance examinations shall be performed by
persons or entities independent of those performing hazard reduction or
maintenance activities, unless the designated party uses qualified inhouse employees to conduct clearance. An in-house employee shall not
conduct both a hazard reduction or maintenance activity and its clearance
examination.
(g) Worksite clearance. Clearance of only the worksite is permitted
after work covered by Secs. 35.930, 35.1330, 35.1335, or 35.1355, when
containment is used to ensure that dust and debris generated by the work
is kept within the worksite. Otherwise, clearance must be of the entire
dwelling unit, common area, or outbuilding, as applicable. When clearance
is of an interior worksite that is not an entire dwelling unit, common
area, or outbuilding, dust samples shall be taken for paragraph (b) of
this section as follows:
(1) Sample, from each of at least four rooms, hallways,
stairwells, or common areas within the dust containment area:
(i) The floor (one sample); and

- 68 (ii) Windows (one interior sill sample and one trough
sample, if present); and
(2) Sample the floor in a room, hallway, stairwell, or common
area connected to the dust containment area, within five feet outside the
area (one sample).
Sec. 35.1345

Occupant protection and worksite preparation.

This section establishes procedures for protecting dwelling unit
occupants and the environment from contamination from lead-contaminated or
lead-containing materials during hazard reduction activities.
(a) Occupant protection.
(1) Occupants shall not be permitted to enter the worksite
during hazard reduction activities (unless they are employed in the
conduct of these activities at the worksite), until after hazard reduction
work has been completed and clearance, if required, has been achieved.
(2) Occupants shall be temporarily relocated before and during
hazard reduction activities to a suitable, decent, safe, and similarly
accessible dwelling unit that does not have lead-based paint hazards,
except if:
(i) Treatment will not disturb lead-based paint, dust-lead
hazards or soil-lead hazards;
(ii) Only the exterior of the dwelling unit is treated, and
windows, doors, ventilation intakes and other openings in or near the
worksite are sealed during hazard control work and cleaned afterward, and
entry free of dust-lead hazards, soil-lead hazards, and debris is
provided;
(iii) Treatment of the interior will be completed within
one period of 8-daytime hours, the worksite is contained so as to prevent
the release of leaded dust and debris into other areas, and treatment does
not create other safety, health or environmental hazards (e.g., exposed
live electrical wiring, release of toxic fumes, or on-site disposal of
hazardous waste); or
(iv) Treatment of the interior will be completed within 5
calendar days, the worksite is contained so as to prevent the release of
leaded dust and debris into other areas, treatment does not create other
safety, health or environmental hazards; and, at the end of work on each
day, the worksite and the area within at least 10 feet (3 meters) of the
containment area is cleaned to remove any visible dust or debris, and

- 69 occupants have safe access to sleeping areas, and bathroom and kitchen
facilities.
(3) The dwelling unit and the worksite shall be secured against
unauthorized entry, and occupants' belongings protected from contamination
by dust-lead hazards and debris during hazard reduction activities.
Occupants' belongings in the containment area shall be relocated to a safe
and secure area outside the containment area, or covered with an
impermeable covering with all seams and edges taped or otherwise sealed.
(b) Worksite preparation.
(1) The worksite shall be prepared to prevent the release of
leaded dust, and contain lead-based paint chips and other debris from
hazard reduction activities within the worksite until they can be safely
removed. Practices that minimize the spread of leaded dust, paint chips,
soil and debris shall be used during worksite preparation.
(2) A warning sign shall be posted at each entry to a room where
hazard reduction activities are conducted when occupants are present; or
at each main and secondary entryway to a building from which occupants
have been relocated; or, for an exterior hazard reduction activity, where
it is easily read 20 feet (6 meters) from the edge of the hazard reduction
activity worksite. Each warning sign shall be as described in 29 CFR
1926.62(m), except that it shall be posted irrespective of employees' lead
exposure and, to the extent practicable, provided in the occupants'
primary language.
Sec. 35.1350

Safe work practices.

(a) Prohibited methods. Methods of paint removal listed in Sec.
35.140 shall not be used.
(b) Occupant protection and worksite preparation. Occupants and their
belongings shall be protected, and the worksite prepared, in accordance
with Sec. 35.1345. A person performing this work shall be trained on
hazards and either be supervised or have completed successfully one of the
specified courses, in accordance with Sec. 35.1330(a)(4).
(c) Specialized cleaning. After hazard reduction activities have been
completed, the worksite shall be cleaned using cleaning methods, products,
and devices that are successful in cleaning up dust-lead hazards, such as
a HEPA vacuum or other method of equivalent efficacy, and lead-specific
detergents or equivalent.

- 70 (d) De minimis levels. Safe work practices are not required when
maintenance or hazard reduction activities do not disturb painted surfaces
that total more than:
(1) 20 square feet (2 square meters) on exterior surfaces;
(2) 2 square feet (0.2 square meters) in any one interior room
or space; or
(3) 10 percent of the total surface area on an interior or
exterior type of component with a small surface area. Examples include
window sills, baseboards, and trim.
Sec. 35.1355
activities.

Ongoing lead-based paint maintenance and reevaluation

(a) Maintenance. Maintenance activities shall be conducted in
accordance with paragraphs (a)(2)-(6) of this section, except as provided
in paragraph (a)(1) of this section.
(1) Maintenance activities need not be conducted in accordance
with this section if a lead-based paint inspection indicates that no leadbased paint is present in the dwelling units, common areas, and on
exterior surfaces, or a clearance report prepared in accordance with Sec.
35.1340(a) indicates that all lead-based paint has been removed.
(2) A visual assessment for deteriorated paint, bare soil, and
the failure of any hazard reduction measures shall be performed at unit
turnover and every twelve months.
(3) (i) Deteriorated paint. All deteriorated paint on interior
and exterior surfaces located on the residential property shall be
stabilized in accordance with Sec. 35.1330(a)(b), except for any paint
that an evaluation has found is not lead-based paint.
(ii) Bare soil. All bare soil shall be treated with
standard treatments in accordance with Sec. 35.1335(d) through (g), or
interim controls in accordance with Sec. 35.1330(a) and (f); except for
any bare soil that a current evaluation has found is not a soil-lead
hazard.
(4) Safe work practices, in accordance with sec. 35.1350, shall
be used when performing any maintenance or renovation work that disturbs
paint that may be lead-based paint.
(5) Any encapsulation or enclosure of lead-based paint or leadbased paint hazards which has failed to maintain its effectiveness shall

- 71 be repaired, or abatement or interim controls shall be performed in
accordance with Secs. 35.1325 or 35.1330, respectively.
(6) Clearance testing of the worksite shall be performed at the
conclusion of repair, abatement or interim controls in accordance with
Sec. 35.1340.
(7) Each dwelling unit shall be provided with written notice
asking occupants to report deteriorated paint and, if applicable, failure
of encapsulation or enclosure, along with the name, address and telephone
number of the person whom occupants should contact. The language of the
notice shall be in accordance with Sec. 35.125(c)(3). The designated party
shall respond to such report and stabilize the deteriorated paint or
repair the encapsulation or enclosure within 30 days.
(b) Reevaluation. Reevaluation shall be conducted in accordance with
this paragraph (b), and the designated party shall conduct interim
controls of lead-based paint hazards found in the reevaluation.
(1) Reevaluation shall be conducted if hazard reduction has been
conducted to reduce lead-based paint hazards found in a risk assessment or
if standard treatments have been conducted, except that reevaluation is
not required if any of the following cases are met:
(i) An initial risk assessment found no lead-based paint
hazards;
(ii) A lead-based paint inspection found no lead-based
paint; or
(iii) All lead-based paint was abated in accordance with
Sec. 35.1325, provided that no failures of encapsulations or enclosures
have been found during visual assessments conducted in accordance with
Sec. 35.1355(a)(2) or during other observations by maintenance and repair
workers in accordance with Sec. 35.1355(a)(5) since the encapsulations or
enclosures were performed.
(2) Reevaluation shall be conducted to identify:
(i) Deteriorated paint surfaces with known or suspected
lead-based paint;
(ii) Deteriorated or failed interim controls of lead-based
paint hazards or encapsulation or enclosure treatments;
(iii) Dust-lead hazards; and

- 72 (iv) Soil that is newly bare with lead levels equal to or
above the standards in Sec. 35.1320(b)(2).
(3) Each reevaluation shall be performed by a certified risk
assessor.
(4) Each reevaluation shall be conducted in accordance with the
following schedule if a risk assessment or other evaluation has found
deteriorated lead-based paint in the residential property, a soil-lead
hazard, or a dust-lead hazard on a floor or interior window sill. (Window
troughs are not sampled during reevaluation). The first reevaluation shall
be conducted no later than two years from completion of hazard reduction.
Subsequent reevaluation shall be conducted at intervals of two years, plus
or minus 60 days. To be exempt from additional reevaluation, at least two
consecutive reevaluations conducted at such two-year intervals must be
conducted without finding lead-based paint hazards or a failure of an
encapsulation or enclosure. If, however, a reevaluation finds lead-based
paint hazards or a failure, at least two more consecutive reevaluations
conducted at such two year intervals must be conducted without finding
lead-based paint hazards or a failure.
(5) Each reevaluation shall be performed as follows:
(i) Dwelling units and common areas shall be selected and
reevaluated in accordance with Sec. 35.1320(b).
(ii) The worksites of previous hazard reduction activities
that are similar on the basis of their original lead-based paint hazard
and type of treatment shall be grouped. Worksites within such groups shall
be selected and reevaluated in accordance with Sec. 35.1320(b).
(6) Each reevaluation shall include reviewing available
information, conducting selected visual assessment, recommending responses
to hazard reduction omissions or failures, performing selected evaluation
of paint, soil and dust, and recommending response to newly-found leadbased paint hazards.
(i) Review of available information. The risk assessor
shall review any available past evaluation, hazard reduction and clearance
reports, and any other available information describing hazard reduction
measures, ongoing maintenance activities, and relevant building
operations.
(ii) Visual assessment. The risk assessor shall:
(A) Visually evaluate all lead-based paint hazard
reduction treatments, any known or suspected lead-based paint, any

- 73 deteriorated paint, and each exterior site, and shall identify any new
areas of bare soil;
(B) Determine acceptable options for controlling the
hazard; and
(C) Await the correction of any hazard reduction
omission or failure and the reduction of any lead-based paint hazard
before sampling any dust or soil the risk assessor determines may
reasonably be associated with such hazard.
(iii) Reaction to hazard reduction omission or failure. If
any hazard reduction control has not been implemented or is failing (e.g.,
an encapsulant is peeling away from the wall, a paint-stabilized surface
is no longer intact, or gravel covering an area of bare soil has worn
away), or deteriorated lead-based paint is present, the risk assessor
shall:
(A) Determine acceptable options for controlling the
hazard; and
(B) Await the correction of any hazard reduction
omission or failure and the reduction of any lead-based paint hazard
before sampling any dust or soil the risk assessor determines may
reasonably be associated with such hazard.
(iv) Selected paint, soil and dust evaluation. (A) The risk
assessor shall sample deteriorated paint surfaces identified during the
visual assessment and have the samples analyzed, in accordance with 40 CFR
745.227(b)(3)(4), but only if reliable information about lead content is
unavailable.
(B) The risk assessor shall evaluate new areas of bare
soil identified during the visual assessment. Soil samples shall be
collected and analyzed in accordance with 40 CFR 745.227(d)(8)-(11), but
only if the soil lead levels have not been previously measured.
(C) The risk assessor shall take selected dust samples
and have them analyzed. Dust samples shall be collected and analyzed in
accordance with Sec. 35.1320(b). At least two composite samples, one from
floors and the other from interior window sills, shall be taken in each
dwelling unit and common area selected. Each composite sample shall
consist of four individual samples, each collected from a different room
or area. If the dwelling unit contains both carpeted and uncarpeted living
areas, separate floor samples are required from the carpeted and
uncarpeted areas. Equivalent single-surface sampling may be used instead
of composite sampling.

- 74 -

(7) The risk assessor shall provide the designated party with a
written report documenting the presence or absence of lead-based paint
hazards, the current status of any hazard reduction and standard treatment
measures used previously and any newly-conducted evaluation and hazard
reduction activities. The report shall include the information in 40 CFR
745.227(d)(11), and shall:
(i) Identify any lead-based paint hazards previously
detected and discuss the effectiveness of any hazard reduction or standard
treatment measures used, and list those for which no measures have been
used.
(ii) Describe any new hazards found and present the owner
with acceptable control options and their accompanying reevaluation
schedules.
(iii) Identify when the next reevaluation, if any, must
occur, in accordance with the requirements of paragraph (b)(4) of this
section.
(c) Response to the reevaluation.
(1) Hazard reduction omission or failure found by a
reevaluation. The designated party shall respond in accordance with
paragraph (b)(6)(iii)(A) of this section to a report by the risk assessor
of a hazard reduction control that has not been implemented or is failing,
or that deteriorated lead-based paint is present.
(2) Newly-identified lead-based paint hazard found by a
reevaluation. The designated party shall treat each:
(i) Dust-lead hazard or paint lead hazard by cleaning or
hazard reduction measures, which are considered completed when clearance
is achieved in accordance with Sec. 35.1340.
(ii) Soil-lead hazard by hazard reduction measures, which
are considered completed when clearance is achieved in accordance with
Sec. 35.1340.