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  <FDSYS>
    <CFRTITLE>24</CFRTITLE>
    <CFRTITLETEXT>Housing and Urban Development</CFRTITLETEXT>
    <VOL>1</VOL>
    <DATE>2000-04-01</DATE>
    <ORIGINALDATE>2000-04-01</ORIGINALDATE>
    <COVERONLY>false</COVERONLY>
    <TITLE>Evaluation and hazard reduction requirements.</TITLE>
    <GRANULENUM>35.930</GRANULENUM>
    <HEADING>Section 35.930</HEADING>
    <ANCESTORS>
      <PARENT HEADING="Title 24" SEQ="3">Housing and Urban Development</PARENT>
      <PARENT HEADING="Subtitle A" SEQ="2">Office of the Secretary, Department of Housing and Urban Development</PARENT>
      <PARENT HEADING="PART 35" SEQ="1">LEAD-BASED PAINT POISONING PREVENTION IN CERTAIN RESIDENTIAL STRUCTURES</PARENT>
      <PARENT HEADING="Subpart J" SEQ="0">Rehabilitation</PARENT>
    </ANCESTORS>
  </FDSYS>
  <SECTION>
    <SECTNO>§ 35.930</SECTNO>
    <SUBJECT>Evaluation and hazard reduction requirements.</SUBJECT>
    <P>(a) <E T="03">Paint testing.</E> The grantee, participating jurisdiction, or CILP recipient shall either perform paint testing on the painted surfaces to be disturbed or replaced during rehabilitation activities, or presume that all these painted <PRTPAGE P="298"/>surfaces are coated with lead-based paint.</P>
    <P>(b) <E T="03">Residential property receiving an average of up to and including $5,000 per unit in Federal rehabilitation assistance.</E> Each grantee, participating jurisdiction, or CILP recipient shall:</P>
    <P>(1) Conduct paint testing or presume the presence of lead-based paint, in accordance with paragraph (a) of this section. If paint testing indicates that the painted surfaces are not coated with lead-based paint, safe work practices and clearance are not required.</P>
    <P>(2) Implement safe work practices during rehabilitation work in accordance with § 35.1350 and repair any paint that is disturbed.</P>
    <P>(3) After completion of any rehabilitation disturbing painted surfaces, perform a clearance examination of the worksite(s) in accordance with § 35.1340. Clearance is not required if rehabilitation did not disturb painted surfaces of a total area more than that set forth in § 35.1350(d).</P>
    <P>(c) <E T="03">Residential property receiving an average of more than $5,000 and up to and including $25,000 per unit in Federal rehabilitation assistance.</E> Each grantee, participating jurisdiction, or CILP recipient shall:</P>
    <P>(1) Conduct paint testing or presume the presence of lead-based paint, in accordance with paragraph (a) of this section.</P>
    <P>(2) Perform a risk assessment in the dwelling units receiving Federal assistance, in common areas servicing those units, and exterior painted surfaces, in accordance with § 35.1320(b), before rehabilitation begins.</P>
    <P>(3) Perform interim controls in accordance with § 35.1330 of all lead-based paint hazards identified pursuant to paragraphs (c)(1) and (c)(2) of this section and any lead-based paint hazards created as a result of the rehabilitation work.</P>
    <P>(d) <E T="03">Residential property receiving an average of more than $25,000 per unit in Federal rehabilitation assistance.</E> Each grantee, participating jurisdiction, or CILP recipient shall:</P>
    <P>(1) Conduct paint testing or presume the presence of lead-based paint in accordance with paragraph (a) of this section.</P>
    <P>(2) Perform a risk assessment in the dwelling units receiving Federal assistance and in associated common areas and exterior painted surfaces in accordance with § 35.1320(b) before rehabilitation begins.</P>
    <P>(3) Abate all lead-based paint hazards identified by the paint testing or risk assessment conducted pursuant to paragraphs (d)(1) and (d)(2) of this section, and any lead-based paint hazards created as a result of the rehabilitation work, in accordance with § 35.1325, except that interim controls are acceptable on exterior surfaces that are not disturbed by rehabilitation.</P>
    <CITA>[64 FR 50214, Sept. 15, 1999; 65 FR 3387, Jan. 21, 2000]</CITA>
    <EFFDNOT>
      <HD SOURCE="HED">Effective Date Note:</HD>
      <P>1. At 64 FR 50213, Sept. 15, 1999, § 35.930 was added, effective Sept. 15, 2000.</P>
      <P>2. At 65 FR 3387, Jan. 21, 2000, § 35.930(b)(3) was corrected, effective Sept. 15, 2000.</P>
    </EFFDNOT>
  </SECTION>
</CFRGRANULE>
