[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: 24CFR35.715]

[Page 341]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
PART 35_LEAD-BASED PAINT POISONING PREVENTION IN CERTAIN RESIDENTIAL 
 
                   Subpart H_Project-Based Assistance
 
Sec.  35.715  Multifamily properties receiving more than $5,000 per unit.

    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 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.