"Lead Based Paint"

Title 24--Housing and Urban Development

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

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	35.200	Purpose and applicability.
	35.205	Definitions and other general requirements.
	35.210	Disposition of residential property constructed before 1960.
	35.215	Dispositions of residential property constructed after 1959 and before 1978.

Sec. 35.200 Purpose and applicability.

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    Source: 64 FR 50208, Sept. 15, 1999, unless otherwise noted.

    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.

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

Sec. 35.210 Deposition of residential property constructed before 1960.

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    (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 Deposition of residential property constructed after 1959 and before 1978.

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    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.

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