(a) - (c)(No change.) (d)Abatement. (1) - (4)(No change.) (5)A written occupant protection plan shall be developed and implemented for all abatement projects and shall be prepared according to the following procedures. (A)The occupant protection plan shall be unique to each residential dwelling or child-occupied facility and be developed prior to the abatement. The occupant protection plan shall describe the measures and management procedures that will be taken during the abatement to protect any individual with access to the abatement area [the public] from exposure to any lead-based paint hazards. (B) - (C) (No change.) (6) - (8)(No change.) (9)The following post-abatement clearance procedures shall be performed by a certified inspector or risk assessor. (A)(No change.) (B)Following the visual inspection and any post-abatement cleanup required by subparagraph [paragraph (8)](A) of this paragraph [subsection], clearance sampling for lead in dust shall be conducted. Clearance sampling may be conducted by employing single-surface sampling or composite sampling techniques. (C) - (F)(No change.) (G)The certified inspector or risk assessor shall compare the residual lead dust level (as determined by the laboratory analysis) from each single surface dust sample with clearance levels in paragraph (13) [(12)] of this subsection for lead in dust on floors, interior window sills, and window troughs or from each composite dust sample with the applicable clearance levels for lead in dust on floors, interior window sills, and window troughs divided by half the number of subsamples in the composite sample. If the residual lead level in a single surface dust sample equals or exceeds the applicable clearance level or if the residual lead level in a composite dust sample equals or exceeds the applicable clearance level divided by half the number of subsamples in the composite sample, the components represented by the failed sample shall be recleaned and retested. (10) - (13)(No change.) (e) - (h) (No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on October 13, 2004
TRD-200406190 Cathy Campbell
Director, Legal Services
Department of State Health Services
Earliest possible date of adoption: November 28, 2004
For further information, please call: (512) 458-7236
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