Minn. R. 4761 § 4761.2560
LEAD INSPECTION.
Operative Text
Subpart 1. General requirements. A. A person must allow the commissioner to have access to a work site, according to Minnesota Statutes, section 144.99, subdivision 2, while the person performs a lead inspection. B. An individual conducting a lead inspection must be licensed according to part 4761.2280 or 4761.2300 and must use the methods described in this part. C. Sodium rhodizonate and sodium sulfide must not be used to inspect paint for the presence of lead. Subp. 2. Methodologies. A. A lead inspection must be performed according to one of the documented methodologies that corresponds to the type of sampling and analysis that will be used to determine lead concentration. B. To the extent that the documented methodologies contain numerical standards for the lead content of paint, dust, or drinking water that differ from the standards in part 4761.2510, the more stringent standard applies. C. X-ray fluorescence analyzers, laboratory sample analyses, or a combination of both, may be used for on-site measurements of lead. Subp. 3. Lead inspection requirements. A. A lead inspection for an affected property must: (1) in a residence, school, or child-occupied facility, test each interior and exterior building component with a distinct painting history for lead-based paint. Surfaces do not need to be tested if the lead inspector or lead risk assessor determines the building component was replaced after 1978 or does not contain lead-based paint; (2) in a multifamily residence, school, or child-occupied facility, test each building component with a distinct painting history in every common area for lead-based paint. Surfaces do not need to be tested if the lead inspector or lead risk assessor determines the building component was replaced after 1978 or does not contain lead-based paint; and (3) visually identify the presence and location of bare soil if the ground is not covered by snow at the time of the inspection. B. Collecting and analyzing drinking water is not required but may be performed as part of a lead inspection. Subp. 4. Reports. Within 30 days of completing a lead inspection, the lead inspector or lead risk assessor must write a report containing the information described in part 4761.2680, subpart 1.
Minn. R. 4761 § 4761.2560 establishes the rules governing how lead inspections must be conducted on affected properties in Minnesota. Only licensed individuals may perform these inspections, and they must follow documented methodologies using approved testing tools such as X-ray fluorescence analyzers or laboratory sample analysis — certain chemical tests like sodium rhodizonate and sodium sulfide are explicitly prohibited. The rule requires that each building component with a distinct painting history be tested for lead-based paint in residences, schools, and child-occupied facilities, and that a written report be completed within 30 days of the inspection.
Plain English — not legal advice.
Property owners and managers subject to lead inspection requirements under Minn. R. 4761 § 4761.2560 are expected to provide the commissioner with access to the work site during any inspection conducted under Minnesota Statutes, section 144.99, subdivision 2. Compliant operators ensure that any lead inspector they engage holds the appropriate license under part 4761.2280 or 4761.2300 and follows the required methodologies, including testing all building components with distinct painting histories unless a licensed inspector determines they were replaced after 1978 or are free of lead-based paint. Operators should also anticipate receiving a written inspection report within 30 days of the inspection's completion, as required by this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Minn. R. 4761 § 4761.2560 provides that lead inspections in residences, schools, and child-occupied facilities must be thorough — covering interior and exterior components with distinct painting histories — and must be carried out only by licensed professionals using approved methods. Tenants have an interest in knowing that a written report documenting the inspection's findings must be produced within 30 days, and that where conflicting numerical standards exist, the more protective standard applies. Those with concerns about whether a lead inspection was properly conducted may contact the Minnesota Department of Health or reach out to a tenant-rights organization for information about available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 30, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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