Title 24--Housing and Urban Development

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

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Sec. 35.700 Purpose and applicability.

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    (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 
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.

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

Sec. 35.710 Notices and pamphlet.

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    (a) Notice. If evaluation or hazard reduction is undertaken, each 
owner shall provide a notice to occupants in accordance with 
Sec. 35.125.
    (b) Lead hazard information pamphlet. The owner shall provide the 
lead hazard information pamphlet in accordance with Sec. 35.130.

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    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:
    (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

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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.

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    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 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 lead-
based 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.

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    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 lead-based paint hazards, as defined in section 1004 of the 
Residential Lead-Based Paint Hazard Reduction Act of 1992.

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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 dwelling unit to which this subpart 
applies has been identified as having an environmental intervention 
blood lead level, the

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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 
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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