---
kind: "section"
citation: "24 C.F.R. § 35.1320"
title: "24"
number: "35.1320"
heading: "Lead-based paint inspections, paint testing, risk assessments, lead-hazard screens, and reevaluations."
url: "https://uscodex.org/cfr/24/35.1320"
---

# §35.1320. Lead-based paint inspections, paint testing, risk assessments, lead-hazard screens, and reevaluations.

- (a) **Lead-based paint inspections and paint testing.** Lead-based paint inspections shall be performed in accordance with methods and standards established either by a State or Tribal program authorized by the EPA under [40 CFR 745.324](/cfr/40/745.324.md), or by the EPA at 40 CFR [745.227(b)](/cfr/40/745.227.md?p=b) and [(h)](/cfr/40/745.227.md?p=h). Paint testing to determine the presence or absence of lead-based paint on deteriorated paint surfaces or surfaces to be disturbed or replaced shall be performed by a certified lead-based paint inspector or risk assessor.
- (b) **Risk assessments, lead-hazard screens and reevaluations.**
  - (1) Risk assessments and lead-hazard screens shall be performed in accordance with methods and standards established either by a state or tribal program authorized by the EPA, or by the EPA at 40 CFR [745.227(c)](/cfr/40/745.227.md?p=c), [(d)](/cfr/40/745.227.md?p=d), and [(h)](/cfr/40/745.227.md?p=h) and [paragraph (b)(2)](#b-2) of this section. Reevaluations shall be performed by a certified risk assessor in accordance with [§ 35.1355(b)](/cfr/24/35.1355.md?p=b) and [paragraph (b)(2)](#b-2) of this section.
  - (2) Risk assessors shall use standards for determining dust-lead hazards and soil-lead hazards that are at least as protective as those promulgated by the EPA at [40 CFR 745.227(h)](/cfr/40/745.227.md?p=h) or, if such standards are not in effect, the following levels for dust or soil:
    - (i) **Dust.** A dust-lead hazard is surface dust that contains a mass-per-area concentration (loading) of lead, based on wipe samples, equal to or exceeding the applicable level in the following table:
    - (ii) **Soil.**
      - (A) A soil-lead hazard for play areas frequented by children under six years of age is bare soil with lead equal to or exceeding 400 parts per million (micrograms per gram).
      - (B) For the rest of the yard, a soil-lead hazard is bare soil that totals more than 9 square feet (0.8 square meters) per property with lead equal to or exceeding an average of 1,200 parts per million (micrograms per gram).
  - (3) Lead-hazard screens shall be performed in accordance with the methods and standards established either by a state or Tribal program authorized by the EPA, or by the EPA at [40 CFR 745.227(c)](/cfr/40/745.227.md?p=c), and paragraphs [(b)(1)](#b-1) and [(b)(2)](#b-2) of this section. If the lead-hazard screen indicates the need for a follow-up risk assessment (e.g., if dust-lead measurements exceed the levels established for lead-hazard screens in [paragraph (b)(2)(i)](#b-2-i) of this section), a risk assessment shall be conducted in accordance with paragraphs [(b)(1)](#b-1) and [(b)(2)](#b-2) of this section. Dust, soil, and paint samples collected for the lead-hazard screen may be used in the risk assessment. If the lead hazard screen does not indicate the need for a follow-up risk assessment, no further risk assessment is required.
- (c) It is strongly recommended, but not required, that lead-based paint inspectors, risk assessors, and sampling technicians provide a plain-language summary of the results suitable for posting or distribution to occupants in compliance with [§ 35.125](/cfr/24/35.125.md).

## Notes

### Amendments

[69 FR 34273, June 21, 2004]

### Source

Source: 64 FR 50218, Sept. 15, 1999, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 3535(d), 4821, and 4851.

### Amendments

[69 FR 34273, June 21, 2004]