Minn. R. 4761 § 4761.2670

CLEARANCE INSPECTIONS.

In Force
Verified 10/26/2026 · Next check 11/2/2026
effective 9/30/2026MinnesotaFederal Disclosure (Title X)

Operative Text

Minn. R. 4761 § 4761.2670
Subpart 1. General requirements.
A. If lead hazard reduction was ordered by an assessing agency, the assessing agency's lead inspector or lead risk assessor must perform the final clearance inspection.
B. A lead inspector or lead risk assessor who is not directly involved with the lead hazard reduction must conduct all nonordered clearance inspections.
C. A lead sampling technician may do clearance inspections only as specified in Minnesota Statutes, section 144.9501, subdivision 22b.
D. The lead hazard reduction is successfully completed when a clearance inspection is performed according to subparts 2 and 3 and analyses of samples according to subpart 4 demonstrates that the lead levels in part 4761.2510 are not exceeded.
E. A clearance inspection consists of a visual inspection according to subpart 2 and clearance sampling according to subpart 3.

Subp. 2. Visual inspection.
A. A visual determination must be made to determine that no deteriorated paint remains in areas where interior or exterior lead hazard reduction was conducted.
B. After interior lead hazard reduction is complete, all surfaces within the work area, the containment, adjacent areas, areas used as pathways, areas used to store equipment and waste materials, and any area within the affected property that was used for worker decontamination must be free of visible dust, paint chips, and debris. If visible dust and debris is observed, the person performing the lead hazard reduction must be notified that surfaces must be recleaned according to part 4761.2630, subpart 7, items B and C; 4761.2640, subpart 8, items C to F; or 4761.2645, subpart 9. Cleaning must be conducted until no visible dust or debris remains in work areas, containments, adjacent areas, pathways, storage areas, or worker decontamination areas.
C. After exterior lead hazard reduction, the ground surface must be free of visible paint chips. All other above-grade horizontal building surfaces and any area within the affected property that was used for worker decontamination must also be free of visible dust and paint chips. If visible dust, paint chips, or debris is observed, the person performing the lead hazard reduction must be notified that surfaces must be recleaned as specified in part 4761.2650, subpart 9, items E and F.

Subp. 3. Clearance sampling.
A. All dust sampling for clearance purposes must follow documented methodologies.
B. Interior clearance samples must be collected at least one hour after the cleaning procedures in part 4761.2630, subpart 7; 4761.2640, subpart 8; or 4761.2645, subpart 9, are completed.
C. To perform clearance sampling in an affected property where work was conducted as specified in parts 4761.2630 and 4761.2640, dust samples must be collected in the following areas:
(1) at least one dust sample must be collected from an interior window sill or window trough within five feet of where lead hazard reduction was conducted, if present. If the lead hazard reduction was conducted in more than one room, the sampling of sills and troughs must be alternated between rooms. Additional samples may be collected as single or composite samples;
(2) at least one dust sample must be collected from the floor within five feet of where lead hazard reduction was conducted. Additional samples may be collected as single or composite samples; and
(3) at least one dust sample must be collected from the floor immediately outside the entrance to the work area.
D. To perform clearance sampling in a residence where the work was conducted according to part 4761.2645, the dust samples must be collected in the following areas:
(1) one dust sample must be collected from one window sill, if present. Additional samples may be collected as single or composite samples;
(2) one dust sample must be collected from one window trough, if present. Additional samples may be collected as single or composite samples;
(3) single dust samples or a composite dust sample must be collected from the floors of at least four distinct rooms, which may include hallways and stairwells. If less than four rooms exist, single dust samples or a composite sample must be collected from all of the rooms, which may include hallways or stairwells; and
(4) at least one dust sample must be collected from the floor immediately outside the entrance to the containment.
E. To perform clearance sampling in a multifamily residence, school, or child-occupied facility where the work was conducted according to part 4761.2630, 4761.2640, or 4761.2645, the dust samples must be collected:
(1) in the same locations described in item C or D, as appropriate;
(2) from floors of pathways used by the lead hazard reduction workers; and
(3) in areas used for waste or equipment storage or decontamination.
F. To perform clearance sampling after exterior lead hazard reduction was conducted, a composite soil sample must be collected and analyzed from each area of bare soil:
(1) if work was conducted according to part 4761.2650; or
(2) within five feet of the affected work surface if work was conducted according to part 4761.2640.

Subp. 4. Clearance results.
A. Soil and single-surface dust sample results must be no greater than the lead levels for soil and dust under part 4761.2510, subparts 2 and 3.
B. Composite dust sample results must be no greater than the dust lead level under part 4761.2510, subpart 2, which is divided by one-half of the number of subsamples that make up the composite sample.
C. If sample results do not meet the standards according to items A and B, the building components or bare soil represented by the failed sample must be recleaned or additional soil removed and retested until clearance levels are met.
Source: Legislative text reproduced verbatim
Plain English

Minnesota Rule 4761 § 4761.2670 establishes the procedures that must be followed to confirm that lead hazard reduction work has been successfully completed in a property. The rule requires a qualified lead inspector or lead risk assessor — one who was not involved in the actual reduction work, unless the work was ordered by an assessing agency — to conduct a clearance inspection consisting of both a visual check and dust or soil sampling. Lead hazard reduction is not considered complete until all sampled areas meet the lead-level thresholds set out in Minn. R. 4761.2510, and any areas that fail must be recleaned and retested until those standards are met.

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

Plain English — not legal advice.

For Property Managers

Property owners and managers overseeing lead hazard reduction work covered by Minn. R. 4761 § 4761.2670 generally ensure that a properly credentialed lead inspector or lead risk assessor — independent of the crew that performed the work — is engaged to conduct the final clearance inspection. Compliant operators confirm that all work areas, containment zones, pathways, storage areas, and decontamination areas are visually free of dust, paint chips, and debris before clearance sampling begins, and that sampling follows the documented methodologies and location requirements specified in the rule. Operators also maintain records showing that all dust and soil sample results met the lead-level standards in Minn. R. 4761.2510 before the property is returned to occupancy.

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

For Tenants

Tenants living in properties where lead hazard reduction has been ordered or performed have an interest in understanding that Minn. R. 4761 § 4761.2670 requires a formal clearance inspection — including both a visual check and laboratory-analyzed dust or soil samples — before the work is considered successfully complete. If a tenant believes clearance was not properly conducted, or that a property was reoccupied before passing clearance standards, they may raise this concern with the assessing agency that ordered the work or with the Minnesota Department of Health, which oversees lead safety regulations in the state. Tenant-rights organizations and legal aid services can help explain what documentation tenants may be entitled to review and what options exist if clearance requirements appear not to have been met.

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
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References Out

Rules and statutes cited by this regulation

Minn. Stat. § 144.9501
Not yet ingested
Minn. R. 4761.2510
Not yet ingested
Minn. R. 4761.2630
Not yet ingested
Minn. R. 4761.2650
Not yet ingested
Minn. R. 4761.2645
Not yet ingested
Minn. R. 4761.2640
Not yet ingested

References In

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Related Rules

§ 574.635
§ 574.635 Lead-based paint.
§ 196
Prohibited acts relating to lead-based paint, glaze or other substance; punishment; embargo of personal property
§ 35.940
§ 35.940 Special requirements for insular areas.

Source Information

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