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Historical Rule for the Texas Administrative Code

TITLE 25HEALTH SERVICES
PART 1TEXAS DEPARTMENT OF HEALTH
CHAPTER 295OCCUPATIONAL HEALTH
SUBCHAPTER ITEXAS ENVIRONMENTAL LEAD REDUCTION
RULE §295.212Standards for Conducting Lead-Based Paint Activities

(a) Inspection.

  (1) Lead-based paint inspections shall be conducted only by persons certified by the department as an inspector or risk assessor and must be conducted according to the procedures in this section.

  (2) When conducting an inspection, the following locations shall be selected according to documented methodologies and tested for the presence of lead-based paint.

    (A) For every residential dwelling and child-occupied facility, each interior component with a distinct painting history, and each exterior component with a distinct painting history shall be tested for lead-based paint, except those components that the inspector or risk assessor determines to have been replaced after 1978, or to not contain lead-based paint.

    (B) If conducting an inspection in a multi-family dwelling or child-occupied facility, all components with a distinct painting history in every common area shall be tested for lead-based paint, except those components that the inspector or risk assessor determines to have been replaced after 1978, or to not contain lead-based paint.

  (3) The collection and analysis of paint samples to determine the presence of lead-based paint shall be conducted using documented methodologies which incorporate adequate quality control procedures.

  (4) The certified inspector or risk assessor shall prepare an inspection report which shall include the following information:

    (A) date of inspection;

    (B) address of buildings and units;

    (C) date of construction of buildings and units;

    (D) unit numbers (if applicable);

    (E) name, address, and telephone number of the owner of buildings and units;

    (F) name, signature, and certification number of each certified inspector and/or risk assessor conducting testing;

    (G) name, address, and telephone number of the certified firm employing each inspector and/or risk assessor;

    (H) name, address, and telephone number of each recognized laboratory conducting an analysis of collected samples;

    (I) each testing method and device and/or sampling procedure employed for paint analysis, including quality control data and, if used, the brand name, model, and serial number of any XRF device;

    (J) specific locations of each painted component tested for the presence of lead-based paint; and

    (K) the results of the inspection expressed according to the sampling method used.

(b) Lead hazard screen.

  (1) A lead hazard screen shall be conducted only by persons certified by the department as risk assessors.

  (2) A lead hazard screen shall be conducted as follows.

    (A) Collect background information regarding the physical characteristics of the residential dwelling or child-occupied facility and occupant use patterns that may cause lead-based paint exposure to one or more children six years of age or younger.

    (B) A visual inspection of the residential dwelling or child-occupied facility and common area shall be conducted to:

      (i) determine if any deteriorated paint is present; and

      (ii) locate at least two dust sampling locations.

    (C) If deteriorated paint is present, each surface with deteriorated paint and having a distinct painting history shall be tested, using documented methodologies, for the presence of lead-based paint.

    (D) In residential dwellings, two composite dust samples shall be collected, one from the floors and the other from the windows, in rooms, hallways, or stairwells where one or more children, age six or younger, are most likely to come in contact with dust.

    (E) In multi-family dwellings and child-occupied facilities, in addition to the floor and window samples required in subparagraph (D) of this paragraph, the risk assessor shall also collect composite dust samples from any common areas where one or more children six years of age or younger are likely to come into contact with dust.

  (3) Any paint and dust samples shall be taken using documented methodologies that incorporate adequate quality control procedures.

  (4) Any collected paint chip or dust samples shall be analyzed according to subsection (e) of this section to determine if they contain detectable levels of lead that can be quantified numerically.

  (5) The risk assessor shall prepare a lead hazard screen report, which shall include the following:

    (A) the information required in a risk assessment report as specified in subsection (c) of this section, excluding paragraph (9)(P)-(R); and

    (B) recommendations concerning the desirability for follow-up risk assessments.

(c) Risk assessment.

  (1) A lead risk assessment shall be conducted only by persons certified by the department as risk assessors and must be conducted according to the procedures in this subsection.

  (2) A visual inspection for risk assessment of the residential dwelling or child-occupied facility shall be undertaken to locate the existence of deteriorated paint, assess the extent and causes of the deterioration, and other potential sources of lead-based paint hazards. If deteriorated paint or other potential sources of lead-based paint hazards are present, each surface with deteriorated paint or each painted surface which is a potential lead-based paint hazard shall be tested using documented methodologies for the presence of lead.

  (3) Background information shall be collected regarding the physical characteristics of the residential dwelling or child-occupied facility and occupant use patterns that may result in lead-based paint exposure to one or more children six years of age or younger.

  (4) In residential dwellings, dust samples (composite or single-surface samples) from the window and floor shall be collected in all living areas where one or more children six years of age or younger are most likely to come into contact with dust.

  (5) For multi-family dwellings and child-occupied facilities, dust samples (composite or single-surface samples) from the window and floor shall be collected in all living areas where one or more children six years of age or younger are most likely to come into contact with dust. In addition, window and floor dust samples (composite or single-surface samples) shall be collected in the following locations:

    (A) common areas adjacent to the sampled unit; and

    (B) other common areas in the building where the risk assessor determines that one or more children six years of age or younger are likely to come into contact with dust.

  (6) Soil samples shall be collected and analyzed for lead concentrations in the following locations:

    (A) exterior play areas where bare soil is present; and

    (B) dripline/foundation areas where bare soil is present.

  (7) Any paint, dust, or soil sampling or testing shall be conducted using documented methodologies that incorporate adequate quality control procedures.

  (8) Any collected paint chip, dust, or soil samples shall be analyzed according to subsection (e) of this section to determine if they contain detectable levels of lead that can be quantified numerically.

  (9) The certified risk assessor shall prepare a risk assessment report which shall include the following information:

    (A) date of assessment;

    (B) physical address of building;

    (C) date of construction of building;

    (D) unit numbers (if applicable);

    (E) name, address, and telephone number of the owner of each building or unit;

    (F) name, signature, and certification number of the certified risk assessor conducting the assessment;

    (G) name, address, and telephone number of the certified firm employing each risk assessor;

    (H) name, address, and telephone number of each recognized laboratory conducting analysis of collected samples;

    (I) results of the visual inspection;

    (J) testing method and sampling procedure for paint analysis employed;

    (K) specific locations of each painted component tested for the presence of lead-based paint;

    (L) all data collected from on-site testing including quality control data and, if used, the brand name, model, and serial number of any XRF device;

    (M) all results of laboratory analysis on collected paint, soil, and dust samples;

    (N) any other sampling results;

    (O) any background information collected pursuant to paragraph (3) of this subsection;

    (P) to the extent that they are used as part of the lead-based paint hazard determination, an evaluation of the adequacy of any previous inspections or analyses for the presence of lead-based paint, or other assessments of lead-related hazards;

    (Q) a description of the location, type, and severity of identified lead-based paint hazards and any other potential lead hazards; and

Cont'd...

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