[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: 24CFR35.125]



[Page 330-331]

 

                 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.  35.125  Notice of evaluation and hazard reduction activities.



    The following activities shall be conducted if notice is required by 

subparts D and F through M of this part.

    (a) Notice of evaluation or presumption. When evaluation is 

undertaken and lead-based paint or lead-based paint hazards are found to 

be present, or if a presumption is made that lead-based paint or lead-

based paint hazards are present in accordance with the options described 

in Sec.  35.120, the designated party shall provide a notice to 

occupants within 15 calendar days of the date when the designated party 

receives the report or makes the presumption. A visual assessment alone 

is not considered an evaluation for the purposes of this part. If only a 

visual assessment alone is required by this part, and no evaluation is 

performed, a notice of evaluation or presumption is not required.

    (1) The notice of the evaluation shall include:

    (i) A summary of the nature, dates, scope, and results of the 

evaluation;

    (ii) A contact name, address and telephone number for more 

information, and to obtain access to the actual evaluation report; and

    (iii) The date of the notice.

    (2) The notice of presumption shall include:

    (i) The nature and scope of the presumption;

    (ii) A contact name, address and telephone number for more 

information; and

    (iii) The date of the notice.

    (b) Notice of hazard reduction activity. When hazard reduction 

activities are undertaken, each designated party shall:

    (1) Provide a notice to occupants not more than 15 calendar days 

after the hazard reduction activities (including paint stabilization) 

have been completed. Notice of hazard reduction shall include, but not 

be limited to:

    (i) A summary of the nature, dates, scope, and results (including 

clearance) of the hazard reduction activities;

    (ii) A contact name, address, and telephone number for more 

information;

    (iii) Available information on the location of any remaining lead-

based paint in the rooms, spaces, or areas where hazard reduction 

activities were conducted, on a surface-by-surface basis; and

    (iv) The date of the notice.

    (2) Update the notice, based on reevaluation of the residential 

property and as any additional hazard reduction work is conducted.

    (3) Provision of a notice of hazard reduction is not required if a 

clearance examination is not required.

    (c) Availability of notices of evaluation, presumption, and hazard 

reduction activities. (1) The notices of evaluation, presumption, and 

hazard reduction shall be of a size and type that is easily read by 

occupants.

    (2) To the extent practicable, each notice shall be made available, 

upon request, in a format accessible to persons with disabilities (e.g., 

Braille, large type, computer disk, audio tape).

    (3) Each notice shall be provided in the occupants' primary language 

or in the language of the occupants' contract or lease.

    (4) The designated party shall provide each notice to the occupants 

by:

    (i) Posting and maintaining it in centrally located common areas and 

distributing it to any dwelling unit if necessary because the head of 

household is a person with a known disability; or

    (ii) Distributing it to each occupied dwelling unit affected by the 

evaluation, presumption, or hazard reduction



[[Page 331]]



activity or serviced by common areas in which an evaluation, presumption 

or hazard reduction has taken place.



[64 FR 50202, Sept. 15, 1999, as amended at 69 FR 34271, June 21, 2004]