[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR35.120]



[Page 329-330]

 

                 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.  35.120  Options.



    (a) Standard treatments. Where interim controls are required by this 

part, the designated party has the option to presume that lead-based 

paint or lead-based paint hazards or both are present throughout the 

residential property. In such a case, evaluation is not required. 

Standard treatments shall then be conducted in accordance with Sec.  

35.1335 on all applicable surfaces, including soil. Standard treatments 

are completed only when clearance is achieved in accordance with Sec.  

35.1340.

    (b) Abatement. Where abatement is required by this part, the 

designated party may presume that lead-based paint or lead-based paint 

hazards or both are present throughout the residential property. In such 

a case, evaluation is not required. Abatement shall then be conducted on 

all applicable surfaces, including soil, in accordance with Sec.  

35.1325, and completed when clearance is achieved in accordance with 

Sec.  35.1340. This option is not available in public housing, where 

inspection is required.

    (c) Lead hazard screen. Where a risk assessment is required, the 

designated party may choose first to conduct a lead hazard screen in 

accordance with Sec.  35.1320(b). If the results of the lead hazard 

screen indicate the need for a



[[Page 330]]



full risk assessment (e.g., if the environmental measurements exceed 

levels established for lead hazard screens in Sec.  35.1320(b)(2)), a 

complete risk assessment shall be conducted. Environmental samples 

collected for the lead hazard screen may be used in the risk assessment. 

If the results of the lead hazard screen do not indicate the need for a 

follow-up risk assessment, a risk assessment is not required.

    (d) Paint testing. Where paint stabilization or interim controls of 

deteriorated paint surfaces are required by this rule, the designated 

party has the option to conduct paint testing of all surfaces with non-

intact paint. If paint testing indicates the absence of lead-based paint 

on a specific surface, paint stabilization or interim controls are not 

required on that surface.