[Code of Federal Regulations]
[Title 24, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR35.120]

[Page 333-334]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
PART 35_LEAD-BASED PAINT POISONING PREVENTION IN CERTAIN RESIDENTIAL 
 
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.

[[Page 334]]

    (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 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.