Title 24--Housing and Urban Development

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

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Sec. 35.1200 Purpose and applicability.

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    Source: 64 FR 50216, Sept. 15, 1999, unless otherwise noted.

    (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

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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
    (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.

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

Sec. 35.1210 Notices and pamphlet.     

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    (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 is not an evaluation.
    (b) Lead hazard information pamphlet. The owner shall provide the 
lead hazard information pamphlet in accordance with Sec. 35.130.

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    (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 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

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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.
    (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.

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    The owner shall incorporate ongoing lead-based paint maintenance 
activities into regular building operations in accordance with 
Sec. 35.1355(a).

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    (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 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 blood lead level to the public health department within 5 
working days of being so notified by any other medical health care 
professional.

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    (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]

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