1、339 Office of the Secretary, HUD 40.1 away), or deteriorated lead-based paint is present, the risk assessor shall: (A) Determine acceptable options for controlling the hazard; and (B) Await the correction of any haz-ard reduction omission or failure and the reduction of any lead-based paint hazard b
2、efore sampling any dust or soil the risk assessor determines may rea-sonably be associated with such haz-ard. (iv) Selected paint, soil and dust eval-uation. (A) The risk assessor shall sam-ple deteriorated paint surfaces identi-fied during the visual assessment and have the samples analyzed, in acc
3、ord-ance with 40 CFR 745.227(b)(3)(4), but only if reliable information about lead content is unavailable. (B) The risk assessor shall evaluate new areas of bare soil identified during the visual assessment. Soil samples shall be collected and analyzed in ac-cordance with 40 CFR 745.227(d)(8)(11), b
4、ut only if the soil lead levels have not been previously measured. (C) The risk assessor shall take se-lected dust samples and have them analyzed. Dust samples shall be col-lected and analyzed in accordance with 35.1320(b). At least two composite samples, one from floors and the other from interior
5、window sills, shall be taken in each dwelling unit and com-mon area selected. Each composite sample shall consist of four individual samples, each collected from a dif-ferent room or area. If the dwelling unit contains both carpeted and uncarpeted living areas, separate floor samples are required fr
6、om the carpeted and uncarpeted areas. Equivalent sin-gle-surface sampling may be used in-stead of composite sampling. (7) The risk assessor shall provide the designated party with a written report documenting the presence or absence of lead-based paint hazards, the current status of any hazard reduc
7、tion and standard treatment measures used pre-viously and any newly-conducted eval-uation and hazard reduction activities. The report shall include the informa-tion in 40 CFR 745.227(d)(11), and shall: (i) Identify any lead-based paint haz-ards previously detected and discuss the effectiveness of an
8、y hazard reduc-tion or standard treatment measures used, and list those for which no meas-ures have been used. (ii) Describe any new hazards found and present the owner with acceptable control options and their accom-panying reevaluation schedules. (iii) Identify when the next reevalua-tion, if any,
9、 must occur, in accordance with the requirements of paragraph (b)(4) of this section. (c) Response to the reevaluation(1) Hazard reduction omission or failure found by a reevaluation. The designated party shall respond in accordance with paragraph (b)(6)(iii)(A) of this section to a report by the ri
10、sk assessor of a hazard reduction control that has not been implemented or is failing, or that deteriorated lead-based paint is present. (2) Newly-identified lead-based paint hazard found by a reevaluation. The des-ignated party shall treat each: (i) Dust-lead hazard or paint lead hazard by cleaning
11、 or hazard reduction measures, which are considered com-pleted when clearance is achieved in accordance with 35.1340. (ii) Soil-lead hazard by hazard reduc-tion measures, which are considered completed when clearance is achieved in accordance with 35.1340. 64 FR 50218, Sept. 15, 1999, as amended at
12、69 FR 34275, June 21, 2004 PART 40ACCESSIBILITY STAND-ARDS FOR DESIGN, CONSTRUC-TION, AND ALTERATION OF PUB-LICLY OWNED RESIDENTIAL STRUCTURES Sec. 40.1 Purpose. 40.2 Definition of residential structure. 40.3 Applicability. 40.4 Standards. 40.5 Reserved 40.6 Records. 40.7 Availability of Accessibili
13、ty Standards. AUTHORITY: 42 U.S.C. 3535(d), 4153. SOURCE: 36 FR 24437, Dec. 22, 1971, unless otherwise noted. 40.1 Purpose. This part prescribes standards for the design, construction, and alteration of publicly owned residential structures to insure that physically handicapped VerDate Mar2010 08:31
14、 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00349 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-340 24 CFR Subtitle A (4111 Edition) 40.2 persons will have ready access to, and u
15、se of, such structures. 40.2 Definition of residential struc-ture. (a) As used in this part, the term resi-dential structure means a residential structure (other than a privately owned residential structure and a resi-dential structure on a military reserva-tion): (1) Constructed or altered by or on
16、 behalf of the United States; (2) Leased in whole or in part by the United States after August 12, 1968, if constructed or altered in accordance with plans and specifications of the United States; or (3) Financed in whole or in part by a grant or loan made by the United States after August 12, 1968,
17、 if such res-idential structure is subject to stand-ards for design, construction, or alter-ation issued under authority of the law authorizing such grant or loan. (b) As used in this part, residential structure includes the following: (1) Any residential structure which, in whole or in part, is int
18、ended for oc-cupancy by the physically handicapped or designed for occupancy by the elder-ly; (2) All elevator residential struc-tures; (3) Any residential structure that contains 15 or more housing units, un-less otherwise specifically prescribed by the Uniform Federal Accessibility Standards conta
19、ined in appendix A to this part. (4) Nonresidential structures appur-tenant to a residential structure cov-ered under this part. 36 FR 24437, Dec. 22, 1971, as amended at 49 FR 31620, Aug. 7, 1984 40.3 Applicability. (a) The standards prescribed in 40.4 are applicable to residential structures desig
20、ned after the effective date of this part. If the design of a structure com-menced prior to that date, the stand-ards shall be made applicable to the maximum extent practicable, as deter-mined by the head of the department, agency, or instrumentality of the United States concerned. If no design stag
21、e is involved in the construction or alteration of a residential structure, the standards of 40.4 shall be applica-ble to construction or alteration for which bids are solicited after the effec-tive date of this part. (b) The standards prescribed in 40.4 are not applicable to: (1) Any portion of a r
22、esidential struc-ture or its grounds which need not, be-cause of its intended use, be made ac-cessible to, or usable by, the public or by physically handicapped persons; (2) The alteration of an existing resi-dential structure to the extent that the alteration does not involve work which is related
23、to the standards of this part; or (3) The alteration of an existing building, or of such portions thereof, to which application of the standards is not structurally feasible. 40.4 Standards. Residential structures subject to this part shall be designed, constructed or altered to ensure that physical
24、ly handicapped persons have access to, and use of, these structures. This re-quirement is satisfied by using the specifications contained in appendix A to this part, the Uniform Federal Ac-cessibility Standards (UFAS). 49 FR 31621, Aug. 7, 1984 40.5 Reserved 40.6 Records. The administering agencys f
25、ile on each contract, grant, or loan involving the design, construction, or alteration of a residential structure shall include appropriate documentation indicating: (a) That the standards prescribed in 40.4 are applicable to and have been or will be incorporated in the residential structure, or (b)
26、 that the grant or loan has been or will be made subject to the requirement that the standards are ap-plicable and will be incorporated in the residential structure. The file should also indicate any modification or waiv-er of the standards which has been issued by the Secretary of HUD. 40.7 Availab
27、ility of Accessibility Standards. Copies of the Uniform Federal Acces-sibility Standards are available from the Office of Fair Housing and Equal VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00350 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IH
28、SNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-341 Office of the Secretary, HUD 41.4 Opportunity, U.S. Department of Hous-ing and Urban Development, Room 5230, 451 Seventh Street, SW., Wash-ington, DC 20410, telephone (202) 755 5404 (this is not a toll-free numbe
29、r). Hearing or speech-impaired individuals may call HUDs TDD number (202) 708 0113 or 18008778399 (Federal Informa-tion Relay Service TDD). (Other than the 800 number, these are not toll- free numbers.) 61 FR 5204, Feb. 9, 1996 PART 41POLICIES AND PROCE-DURES FOR THE ENFORCEMENT OF STANDARDS AND REQ
30、UIRE-MENTS FOR ACCESSIBILITY BY THE PHYSICALLY HANDICAPPED Sec. 41.1 Applicability. 41.2 Definitions. 41.3 Assurance and declaration required. 41.4 Waiver or modification of standards. 41.5 Achieving compliance. 41.6 Matters involving the Architectural and Transportation Barriers Compliance Board. A
31、UTHORITY: Architectural Barriers Act of 1968, as amended by Pub. L. 90480, 42 U.S.C. 4151 et seq. SOURCE: 44 FR 62806, Oct. 31, 1979, unless otherwise noted. 41.1 Applicability. This part sets forth policies and pro-cedures for the enforcement of stand-ards and requirements for accessibility by the
32、physically handicapped imposed: (a) For nonresidential buildings or fa-cilities by regulations issued by the General Services Administration at subchapter D of the Federal Property Management Regulations, subpart 101 19.6Accommodations for the Phys-ically Handicapped, or (b) By regulation or contrac
33、t under any other program of the Department, except a program subject only to standards or requirements at 24 CFR part 8 imposed pursuant to section 504 of the Rehabilitation Act of 1973. The policies and procedures of this part shall apply after the effective date of these regulations to all compla
34、ints re-ceived, and/or findings of noncompli-ance made, regarding buildings or fa-cilities subject to such regulatory or contractural requirements. 41.2 Definitions. As used in this part, the term Sec-retary means the Secretary of Housing and Urban Development, or to the ex-tent of any delegation of
35、 authority by the Secretary to act under this part, any other Department Official to whom authority has been delegated. 41.3 Assurance and declaration re-quired. (a) Each Assistant Secretary shall, as a condition for approval of any con-tract or application for assistance under a program imposing st
36、andards and/or requirements for accessibility which are subject to this part, require an assurance of compliance with those standards and requirements. Such as-surance shall be in a form acceptable to the Secretary. (b) For each project covered under this part, except a project subject to Department
37、al examinations and in-spections as set forth in 41.5(a), the responsible Assistant Secretary shall require a declaration as to project drawings, specifications, and other con-struction documents. The declaration shall be signed by the licensed, or reg-istered, architect or engineer, or by such othe
38、r responsible official as des-ignated by HUD, who has prepared such construction documents. The declara-tion shall affirm that the proposed project, to the best knowledge and be-lief of the declarer, conforms to appli-cable accessibility design standards and requirements. The declaration statement s
39、hall be in a form acceptable to the Secretary. 41.4 Waiver or modification of stand-ards. (a) The applicability of standards and requirements for accessibility by the physically handicapped may be waived or modified on a case-by-case basis upon a written request from a recipient of a Departmental gr
40、ant or loan or from a Departmental agency leasing a building or facility. (b) For residential buildings or facili-ties, a waiver or modification may be granted only by the Secretary. VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00351 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-
