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It appears you are exempt from lead-based paint laws, but you may want to take our FREE Compliance Assistance Questionnaire to ensure you are in compliance.

Take our assessment from LEW Corporation to find out. Upon completion you will receive an electronic report card of compliance with an alphabetical grade indicating your current level of compliance based on your responses.

Complete the Assessment

1. Was this property built from the foundation up post (since) January 1, 1978?
Correct Answer: Yes
Your Answer: {Was this property built from the foundation up post (since) January 1, 1978?:1}

If you answered Yes, then you are currently exempt from lead-based paint laws.

2. Does this property currently have in its physical possession a certification from a state licensed lead-based paint evaluation firm that states the property is Lead-Based Paint Free?
Correct Answer: Yes
Your Answer: {Does this property currently have in its physical possession a certification from a state licensed lead-based paint evaluation firm that states the property is Lead-Based Paint Free?:3}

If you answered Yes, then you are currently exempt from lead-based paint laws.

3. Each time someone disturbs a painted surface of greater than a Di Minimis amount in a HUD subsidized housing program property do you assure lead dust wipe samples were collected by a properly certified practitioner and are those sample results are recorded and maintained for 3 years?
Correct Answer: Yes
Your Answer: {Each time someone disturbs a painted surface of greater than a Di Minimis amount in a HUD subsidized housing program property do you assure lead dust wipe samples were collected by a properly certified practitioner and are those sample results are recorded and maintained for 3 years?:4}

YES is the proper Response, if NO, you might be in violation.

35.1340   Clearance.

Clearance examinations required under subparts B, C, D, F through M, and R, of this part shall be performed in accordance with the provisions of this section.

(a) Clearance following abatement. Clearance examinations performed following abatement of lead-based paint or lead-based paint hazards shall be performed in accordance with 40 CFR 745.227(e) and paragraphs (c)-(f) of this section. Such clearances shall be performed by a person certified to perform risk assessments or lead-based paint inspections.

(b) Clearance following activities other than abatement. Clearance examinations performed following interim controls, paint stabilization, standard treatments, ongoing lead-based paint maintenance, or rehabilitation shall be performed in accordance with the requirements of this paragraph (b) and paragraphs (c) through (g) of this section. Clearance is not required if the work being cleared does not disturb painted surfaces of a total area more than that set forth in §35.1350(d).

(1) Qualified personnel. Clearance examinations shall be performed by:

(i) A certified risk assessor;

(ii) A certified lead-based paint inspector;

(iii) A person who has successfully completed a training course for sampling technicians (or a discipline of similar purpose and title) that is developed or accepted by EPA or a State or tribal program authorized by EPA pursuant to 40 CFR part 745, subpart Q, and that is given by a training provider accredited by EPA or a State or Indian Tribe for training in lead-based paint inspection or risk assessment, provided a certified risk assessor or a certified lead-based paint inspector approves the work of the sampling technician and signs the report of the clearance examination

4. Properties that have not obtained Lead-Based Paint Free certification or two consecutive Re-Evaluations with no lead hazards identified, must perform a Re-Evaluation every two years. Are you current from the date of your last Re-Evaluation?
Correct Answer: Yes
Your Answer: {Properties that have not obtained Lead-Based Paint Free certification or two consecutive Re-Evaluations with no lead hazards identified, must perform a Re-Evaluation every two years. Are you current from the date of your last Re-Evaluation?:2}

If you are responsible for Project Based Rental assisted property and you answered NO, you are in violation of HUD’s Lead-Safe Housing rule 24 CFR Part 35 Sec. 35.1355 Ongoing lead-based paint maintenance and reevaluation activities. Each reevaluation shall be conducted in accordance with the following schedule if a risk assessment or other evaluation has found deteriorated lead-based paint in the residential property, a soil-lead hazard, or a dust-lead hazard on a floor or interior window sill. The first reevaluation shall be conducted no later than two years from completion of hazard reduction. Subsequent reevaluation shall be conducted at intervals of two years, plus or minus 60 days. To be exempt from additional reevaluation, at least two consecutive reevaluations conducted at such two-year intervals must be conducted without finding lead- based paint hazards or a failure of an encapsulation or enclosure. If, however, a reevaluation finds lead-based paint hazards or a failure, at least two more consecutive reevaluations conducted at such two year intervals must be conducted without finding lead-based paint hazards or a failure.

Email info@LEWCorp.com or call 800-783-0567 for immediate assistance.

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