(3) composite dust samples shall not consist of subsamples
from more than one type of component.
(g) Determinations of presence of lead-based paint
and lead hazards.
(1) Lead-based paint is present:
(A) on any surface that is tested and found to contain
lead equal to or in excess of 1.0 milligrams per square centimeter
or equal to or in excess of 0.5% by weight; and
(B) on any surface like a surface tested in the same
room equivalent that has a similar painting history and that is found
to be lead-based paint.
(2) A paint-lead hazard is present:
(A) on any friction surface that is subject to abrasion
and where the lead dust levels on the nearest horizontal surface underneath
the friction surface (e.g., the window sill or floor) are equal to
or greater than the dust hazard levels identified in paragraph (3)(A)
of this subsection;
(B) on any chewable lead-based paint surface on which
there is evidence of teeth marks;
(C) where there is any damaged or otherwise deteriorated
lead-based paint on an impact surface that is caused by impact from
a related building component, such as a door knob that knocks into
a wall or a door that knocks against its door frame; or
(D) if there is any other deteriorated lead-based paint
in any residential building or child-occupied facility or on the exterior
of any residential building or child-occupied facility.
(3) A dust-lead hazard is present in a residential
dwelling or child-occupied facility:
(A) in a residential dwelling on floors and interior
window sills when the weighted arithmetic mean lead loading for all
single surface or composite samples of floors and interior window
sills are equal to or greater than 10 µg/ft2 for
floors and 100 µg/ft2 for interior
window sills, respectively;
(B) on floors or interior window sills in an unsampled
residential dwelling in a multi family dwelling, if a dust-lead hazard
is present on floors or interior window sills, respectively, in at
least one sampled residential unit on the property; or
(C) on floors or interior window sills in an unsampled
common area in a multi-family dwelling, if a dust-lead hazard is present
on floors or interior window sills, respectively, in at least one
sampled common area in the same common area group on the property.
(4) A soil-lead hazard is present:
(A) in a play area when the soil-lead concentration
from a composite play area sample of bare soil is equal to or greater
than 400 parts per million (ppm); or
(B) in the rest of the yard when the arithmetic mean
lead concentration from a composite sample (or arithmetic mean of
composite samples) of bare soil from the rest of the yard (i.e., non-play
areas) for each residential building on a property is equal to or
greater than 1,200 ppm.
(h) Recordkeeping. All reports or plans required in
this section shall be maintained by the certified firm or individual
contractor, who prepared the report, for no less than three years.
The certified firm or individual contractor also shall provide copies
of these reports to the building owner who contracted for its services
and these reports shall be made available to the department upon request.
Building owners are subject to the requirements mandated under §1018
of the Residential Lead-Based Paint Hazard Reduction Act of 1992 and
40 Code of Federal Regulations, §745, Subpart F, "Disclosure
of Known Lead-based Paint and/or Lead-based Paint Hazards Upon Sale
or Lease of Residential Property."
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Source Note: The provisions of this §295.212 adopted to be effective February 19, 1996, 21 TexReg 968; amended to be effective May 10, 1998, 23 TexReg 4280; amended to be effective March 23, 2003, 28 TexReg 2347; amended to be effective January 1, 2005, 29 TexReg 11987; amended to be effective November 9, 2021, 46 TexReg 7608 |