---
kind: "section"
citation: "24 C.F.R. § 35.165"
title: "24"
number: "35.165"
heading: "Prior evaluation or hazard reduction."
url: "https://uscodex.org/cfr/24/35.165"
---

# §35.165. Prior evaluation or hazard reduction.


If an evaluation or hazard reduction was conducted at a residential property or dwelling unit before the property or dwelling unit became subject to the requirements of subparts B, C, D, F through M, and R of this part, such an evaluation, hazard reduction or abatement meets the requirements of subparts B, C, D, F through M, and R of this part and need not be repeated under the following conditions:

- (a) **Lead-based paint inspection.**
  - (1) **A lead-based paint inspection conducted before March 1, 2000, meets the requirements of this part if—**
    - (i) At the time of the inspection the lead-based paint inspector was approved by a State or Indian tribe to perform lead-based paint inspections. It is not necessary that the State or tribal approval program had EPA authorization at the time of the inspection.
    - (ii) Notwithstanding [paragraph (a)(1)(i)](#a-1-i) of this section, the inspection was conducted and accepted as valid by a housing agency in fulfillment of the lead-based paint inspection requirement of the public and Indian housing program.
  - (2) A lead-based paint inspection conducted on or after March 1, 2000, must have been conducted by a certified lead-based paint inspector.
- (b) **Risk assessment.**
  - (1) A risk assessment must be no more than 12 months old to be considered current.
  - (2) A risk assessment conducted before March 1, 2000, meets the requirements of this part if, at the time of the risk assessment, the risk assessor was approved by a state or Indian Tribe to perform risk assessments. It is not necessary that the state or tribal approval program had EPA authorization at the time of the risk assessment.
  - (3) A risk assessment conducted on or after March 1, 2000, must have been conducted by a certified risk assessor.
  - (4) [Paragraph (b)](#b) of this section does not apply in a case where a risk assessment is required in response to the identification of a child with an elevated blood lead level. In such a case, the requirements in the applicable subpart for responding to a child with an elevated blood lead level shall apply.
- (c) **Interim controls.** If a residential property is under a program of interim controls and ongoing lead-based paint maintenance and reevaluation activities established pursuant to a risk assessment conducted in accordance with [paragraph (b)](#b) of this section, the interim controls that have been conducted meet the requirements of this part if clearance was achieved after such controls were implemented. In such a case, the program of interim controls and ongoing activities shall be continued in accordance with the requirements of this part.
- (d) **Abatement.**
  - (1) **An abatement conducted before March 1, 2000, meets the requirements of this part if—**
    - (i) At the time of the abatement the abatement supervisor was approved by a State or Indian tribe to perform lead-based paint abatement. It is not necessary that the State or tribal approval program had EPA authorization at the time of the abatement.
    - (ii) Notwithstanding [paragraph (d)(1)(i)](#d-1-i) of this section, it was conducted and accepted by a housing agency in fulfillment of the lead-based paint abatement requirement of the public housing program or by an Indian housing authority (as formerly defined under the U.S. Housing Act of 1937) in fulfillment of the lead-based paint requirement of the Indian housing program formerly funded under the U.S. Housing Act of 1937.
  - (2) An abatement conducted on or after March 1, 2000, must have been conducted under the supervision of a certified lead-based paint abatement supervisor.

## Notes

### Amendments

[64 FR 50202, Sept. 15, 1999; 65 FR 3387, Jan. 21, 2000, as amended at 69 FR 34272, June 21, 2004; 82 FR 4167, Jan. 13, 2017]

### Source

Source: 64 FR 50202, Sept. 15, 1999, unless otherwise noted.

### Authority

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

### Amendments

[64 FR 50202, Sept. 15, 1999; 65 FR 3387, Jan. 21, 2000, as amended at 69 FR 34272, June 21, 2004; 82 FR 4167, Jan. 13, 2017]