Minn. R. 4761 § 4761.2570

LEAD RISK ASSESSMENT.

In Force
Verified 10/26/2026 · Next check 11/2/2026
effective 9/30/2026MinnesotaLead-Based Paint

Operative Text

Minn. R. 4761 § 4761.2570
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 risk assessment.
B. An individual conducting a lead risk assessment must be licensed according to part 4761.2300 and must use the methods described in this part.
C. An assessing agency that is required by Minnesota Statutes, section 144.9504, subdivision 2, to respond to reports of elevated blood lead levels in children and pregnant women must:
(1) use the methods in this part to conduct a lead risk assessment; and
(2) issue lead orders to the property owner based on the agency's findings.
D. Sampling and analyzing building component paint in an affected property built after 1978 is not required during a lead risk assessment.
E. Sodium rhodizonate and sodium sulfide must not be used to inspect paint for the presence of lead.

Subp. 2. Methodologies.
A. A lead risk assessment 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, bare soil, 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 risk assessment requirements.
A. A lead risk assessment for an affected property must:
(1) include background information regarding the physical characteristics of the affected property;
(2) include background information regarding the occupant use patterns that may cause lead-based paint exposure to one or more children;
(3) visually identify the location of any deteriorated paint, assess the extent and causes of the deterioration, and locate other potential lead-based paint hazards;
(4) test each surface with deteriorated paint and each surface that has a distinct painting history for the presence of lead. A surface with deteriorated paint must be determined using HUD's Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing, chapter 5 (1995). The guidelines are incorporated by reference under part 4761.2000, subpart 15, item H. Surfaces do not need to be tested if the lead risk assessor determines the building component was replaced after 1978 or does not contain lead-based paint. In lieu of the testing under this item, the deteriorated paint may be assumed to be lead-based paint;
(5) collect and analyze at least one composite bare soil sample within three feet of the foundation for lead concentration. Separate composite samples must be collected from areas where children play, if bare soil is present. Collecting and analyzing bare soil samples may be delayed if the ground is covered by snow during the original lead risk assessment. In lieu of the collection and analyses under this subitem, bare soil may be assumed to be lead-contaminated;
(6) in a residence, collect and analyze composite or single-surface dust samples from interior window sills, window troughs, and floors for lead concentration in all living areas where one or more children are most likely to come into contact with dust. In lieu of collection and analyses under this item, the floor, window sill, and window trough surfaces may be assumed to have lead-contaminated dust on them;
(7) in a multifamily residence, collect and analyze composite or single-surface dust samples from interior window sills, window troughs, and floors for lead concentration in: common areas adjacent to the sampled residential dwelling unit; and other common areas in the building where the lead risk assessor determines that one or more children are likely to come into contact with dust. Collection and analyses under this subitem are in addition to the requirements of subitem (6). In lieu of the collection and analyses under this subitem, interior window sills, window troughs, and floors may be assumed to have lead-contaminated dust on them; and
(8) in a school or child-occupied facility, collect and analyze composite or single-surface dust samples from interior window sills, window troughs, and floors for lead concentration: in each room, hallway, or stairwell utilized by one or more children; and in other common areas in the facility where one or more children are likely to come into contact with dust. In lieu of the collection and analyses under this subitem, interior window sills, window troughs, and floors may be assumed to have lead-contaminated dust on them.
B. Except as provided in item C, collecting and analyzing drinking water is not required but may be performed as part of a lead risk assessment.
C. If the lead risk assessment fails to identify a source of lead exposure from the paint, dust, bare soil, or other sources for an elevated blood lead level case, water sampling must confirm that the drinking water does not exceed the standard in part 4761.2510, subpart 4. Water sampling must be conducted using documented methodologies.

Subp. 4. Reports.
Within 30 days of completing the lead risk assessment, the lead risk assessor must write a report containing the information described in part 4761.2680, subparts 1 and 2.
Source: Legislative text reproduced verbatim
Plain English

Minnesota Rule 4761 § 4761.2570 establishes the standards and procedures that govern lead risk assessments in affected properties across the state. Under this provision, only licensed individuals may conduct these assessments, and they must follow specific methodologies for sampling paint, dust, bare soil, and in some cases drinking water to identify potential lead-based paint hazards. Assessing agencies responding to elevated blood lead levels in children or pregnant women are required to use these same methods and must issue lead orders to property owners based on their findings. A written report summarizing the assessment must be completed within 30 days of finishing the evaluation.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 30, 2026

Plain English — not legal advice.

For Property Managers

Property owners subject to a lead risk assessment under Minn. R. 4761 § 4761.2570 are generally expected to provide the commissioner with access to the work site as required by Minnesota Statutes, section 144.99, subdivision 2. When an assessing agency conducts an assessment in response to an elevated blood lead level report, it may issue lead orders to the property owner based on its findings, making it important for operators to understand what those orders may require. Compliant property managers typically maintain records of building component histories—such as whether components were replaced after 1978—since this information can affect which surfaces must be tested during an assessment.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Minn. R. 4761 § 4761.2570 provides important protections for residents, particularly families with children, by requiring that licensed assessors follow detailed sampling and analysis procedures when evaluating a property for lead hazards. If a child or pregnant woman in a household has an elevated blood lead level, the relevant assessing agency is obligated under this rule to conduct a lead risk assessment and issue lead orders to the property owner if hazards are identified. Tenants who believe a lead hazard exists or that an assessment has not been properly conducted may consider contacting the Minnesota Department of Health, reaching out to a local tenant-rights organization, or exploring whether a violation of this rule can be raised in relevant housing proceedings.

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.

Effective Timeline

Current
Sep 30, 2026
Click on timeline segments to view historical versions.

References Out

Rules and statutes cited by this regulation

Minn. Stat. § 144.99
Not yet ingested
Minn. R. 4761.2300
Not yet ingested
Minn. Stat. § 144.9504
Not yet ingested
Minn. R. 4761.2510
Not yet ingested
Minn. R. 4761.2000
Not yet ingested
Minn. R. 4761.2680
Not yet ingested

References In

No inbound references recorded yet for this provision.

Related Rules

§ 127H
Repealed, 1992, 407, Sec. 9
§ 127M
Repealed, 1975, 615
§ 190
Program for the prevention, screening, diagnosis and treatment of lead poisoning; lead poisoning control director; advisory committee

Source Information

Snapshot SHA:
Fetched:Sep 30, 2026, 01:17 PM UTC