Buffalo, N.Y., Code of Ordinances ch. 261 § 261-9
Standards for clearance examination and report (Buffalo Lead Based Paint Hazard Reduction Ordinance)
Operative Text
A. The remedy available through § 261-7 shall require the following certification of clearance standards: (1) Qualified personnel. Certification of clearance shall be issued by: (a) A certified risk assessor; or (b) A certified lead-based paint inspector; or (c) In instances of non-abatement clearance only, a lead dust sampling technician may provide a certification of clearance if their report has been approved by a certified risk assessor or certified lead-based paint inspector. (2) Required activities. (a) An examination shall include a full visual assessment, dust sampling, submission of samples for analysis for lead, interpretation of sampling results, and preparation of a report. Examinations shall be performed in all dwelling units in accordance with this section. (b) A full visual assessment of every area of the subject dwelling unit shall be performed to determine if deteriorated paint and/or visible amounts of dust, debris, paint chips or other residue are present. Interior painted surfaces shall be examined for the presence of deteriorated paint. If deteriorated paint and visible dust, debris, paint chips or residue are present, they must be eliminated prior to the continuation of the clearance examination. (3) Where required, dust samples shall be wipe samples and shall be taken in accordance with ASTM standards and in accordance with regulations provided by the Commissioner. Dust samples shall be collected by persons authorized and/or certified by the EPA as a lead inspector, risk assessor, dust wipe technician, or lead dust sampling technician whose approval to conduct such dust wipe tests in the City is not subject to suspension or revocation after a finding of non-responsibility pursuant to Ch. 261 . For the purposes of meeting the requirement in § 54-6, the results of all successful wipe tests shall be valid for a period of three years, unless a subsequent inspection of the dwelling unit identifies an interior deteriorated paint violation, which would immediately cause the previous wipe tests results to be invalid.
Buffalo, N.Y., Code of Ordinances ch. 261 § 261-9 establishes the standards that must be met when a clearance examination is conducted following lead-based paint remediation work. The examination must be carried out by qualified, certified personnel — such as a certified risk assessor or lead-based paint inspector — and must include a full visual assessment, dust wipe sampling conducted in accordance with ASTM standards, laboratory analysis, and a written report. Dust wipe test results that pass are valid for three years, unless a subsequent inspection uncovers deteriorated interior paint, which immediately voids those prior results.
Plain English — not legal advice.
Under Buffalo, N.Y., Code of Ordinances ch. 261 § 261-9, compliant property operators ensure that clearance examinations following lead remediation are performed only by personnel holding the appropriate EPA-recognized certifications, such as a certified risk assessor or lead-based paint inspector. Operators generally confirm that the full visual assessment is completed before dust sampling proceeds, and that any deteriorated paint, dust, debris, or paint chips are eliminated before the examination continues. Maintaining documentation of clearance reports and tracking the three-year validity window for passing wipe test results are practices associated with ongoing compliance under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Buffalo, N.Y., Code of Ordinances ch. 261 § 261-9 establishes that tenants in dwelling units subject to lead remediation are entitled to a thorough clearance process — including a visual inspection and certified dust wipe testing — before a property is deemed clear of lead hazards. If a clearance examination was not performed by properly certified personnel, or if deteriorated paint was later found that should have invalidated prior wipe test results, these facts may be relevant to a tenant's situation. Tenants who have concerns about whether clearance standards were properly followed can contact local housing authorities, the Buffalo city code enforcement office, or a tenant-rights organization for information about available options under ch. 261.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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