[Code of Federal Regulations]
[Title 24, Volume 1]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR35.165]

[Page 310-311]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
PART 35--LEAD-BASED PAINT POISONING PREVENTION IN CERTAIN RESIDENTIAL STRUCTURES--Table of Contents
 
Subpart B--General Lead-Based Paint Requirements and Definitions for All 
                                Programs.
 
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 the date specified in 40 CFR 745.239(b) 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 the 
effective date specified in 40 CFR 745.239(b) 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 the effective date of 40 CFR 
745.239(b) 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 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 the date specified in 40 
CFR 745.239(b) 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 the date specified 
in 40 CFR 745.239(b) 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 the date specified in 40 CFR 
745.239(b) must have been conducted

[[Page 311]]

under the supervision of a certified lead-based paint abatement 
supervisor.

[64 FR 50208, Sept. 15, 1999; 65 FR 3387, Jan. 21, 2000]