Title 24--Housing and Urban Development

PART 35--LEAD-BASED PAINT POISONING PREVENTION IN CERTAIN RESIDENTIAL STRUCTURES

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Sec. 35.1100 Purpose and applicability.

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    Source: 64 FR 50215, Sept. 15, 1999, unless otherwise noted.

    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.

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

Sec. 35.1110 Notices and pamphlet.

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

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    (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 lead-
based 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:
    (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.

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    (a) Each PHA shall, in accordance with Sec. 35.1325, abate all lead-
based 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 lead-
based 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

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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.
    (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.

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    (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.

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    (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 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

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

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    A PHA may use financial assistance received under the modernization 
program (CIAP or CGP) for the notice, evaluation and reduction of lead-
based 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.

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    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.

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