(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 approved 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
approved documented methodologies which incorporate adequate quality
control procedures and analyzed according to subsection (e) of this
section.
(4)The certified inspector or risk assessor shall
prepare a written 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,
or both conducting testing;
(G)name, address, and telephone number of the certified
firm employing or contracting with each inspector, [and/or
] risk assessor, or both;
(H)name, address, and telephone number of each recognized
laboratory conducting an analysis of collected samples;
(I)each testing method, [and]
device, and [and/or] sampling procedure employed
for paint analysis, including quality control data, copy of laboratory
reports, and, if used, the brand name, model, and serial number of
any XRF device, including downloaded XRF data;
(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.
(5)All inspection reports shall be retained for a
minimum of three years.
(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 approved 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
approved 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 written 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 paragraphs
(11)(P) - (R); and
(B)recommendations concerning the desirability for
follow-up risk assessments.
(6)All lead hazard screen reports shall be retained
for a minimum of three years.
(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 approved 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)The following surfaces which are determined, using
approved documented methodologies to have a distinct painting history,
shall be tested for the presence of lead:
(A)each friction surface or impact surface with visibly
deteriorated paint; and
(B)all other surfaces with visibly deteriorated paint.
(5)In residential dwellings, dust samples (either
composite or single-surface samples) from the interior window sill(s)
and floor shall be collected and analyzed for lead concentration in
all living areas where one or more children six years of age or younger
are most likely to come into contact with dust.
(6)For multi-family dwellings and child-occupied facilities,
the samples required in paragraph (4) of this subsection shall be
taken. In addition, interior window sill and floor dust samples (either
composite or single-surface samples) shall be collected and analyzed
for lead concentration in the following locations:
(A)common areas adjacent to the sampled residential
dwelling or child-occupied facility; and
(B)dripline/foundation areas where bare soil is present.
(7)For child-occupied facilities, interior window
sill and floor dust samples (either composite or single-surface samples)
shall be collected and analyzed for lead concentration in each room,
hallway or stairwell utilized by one or more children, age six and
under, and in other common areas in the child-occupied facility where
one or more children, age six and under, are likely to come into contact
with dust.
(8)Soil samples shall be collected and analyzed for
lead concentrations in the following locations:
(A)exterior play areas where bare soil is present;
(B)the rest of the yard (i.e., non-play areas) where
bare soil is present; and
(C)dripline/foundation areas where bare soil is present.
(9)Any paint, dust, or soil sampling or testing shall
be conducted using approved documented methodologies that incorporate
adequate quality control procedures.
(10)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.
(11)A written risk assessment report shall be completed
by a certified risk assessor and the report 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 (including downloaded XRF data);
(M)copies of all 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
(R)a description of recommended interim controls and
[and/or] abatement options for each identified lead-based
paint hazard, and a suggested prioritization for taking each action
based on the immediacy and severity of the hazard. If the use of an
encapsulant or enclosure is recommended, the report shall include
a maintenance and monitoring schedule for the encapsulant or enclosure.
(12)All risk assessment reports shall be retained
for a minimum of three years.
(d)Abatement.
(1)A lead abatement shall be conducted only by an
individual certified by the department as a worker or supervisor,
and if conducted, shall be conducted according to the procedures in
this subsection.
(2)A certified supervisor is required for each abatement
project and shall be onsite during all work site preparation and during
the post-abatement cleanup of work areas. At all other times when
abatement activities are being conducted, the certified supervisor
shall be available either directly or by phone [through
a pager] or answering service, and able to be present at the
work site in no more than two hours.
(3)The certified supervisor and the certified firm
employing that supervisor shall ensure that all abatement activities
are conducted according to the requirements of this subsection and
all other federal, state, and local requirements.
(4)Notification of the commencement of lead-based
paint abatement activities in target housing or child-occupied facilities
or as a result of a federal, state, or local order shall be given
to the department, according to the procedures established in §295.214
of this title (relating to Notifications), prior to the commencement
of abatement activities.
(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
from exposure to any lead-based paint hazards.
(B)A certified supervisor or project designer shall
prepare and sign the occupant protection plan.
(C)The occupant protection plan must be kept at the
worksite by the certified lead abatement firm at all times during
any abatement activity.
(6)Unless presumed lead, a copy of the lead inspection
or lead risk assessment report prepared for the lead abatement project
shall be kept at the worksite by the certified lead abatement firm
and be available for department inspection.
(7)The following work practices shall be followed
during a lead abatement.
(A)Open-flame burning or torching of lead-based paint
is prohibited.
(B)Machine sanding or grinding or abrasive blasting
or sandblasting of lead-based paint is prohibited unless used with
High Efficiency Particulate Air (HEPA) exhaust control capable of
removing particles of 0.3 microns or larger from the air at 99.97%
or greater efficiency.
(C)Dry scraping of lead-based paint is permitted only
in conjunction with heat guns or around electrical outlets or when
treating defective paint spots totaling no more than two square feet
in any one room, hallway, or stairwell or totaling no more than 20
square feet on exterior surfaces.
(D)Operating a heat gun on lead-based paint is permitted
only at a temperature below 1,100 degrees Fahrenheit.
(8)If conducted, soil abatement shall be conducted
in one of the following ways.
(A)If soil is removed:
(i)the soil shall be replaced by soil with a lead
concentration as close to local background as practicable, but less
than 400 ppm; and
(ii)the soil that is removed shall not be used as
top soil at another residential property or child-occupied facility.
(B)If soil is not removed, the soil shall be permanently
covered, as defined in §295.202 of this title (relating
to Definitions).
(9)The following post-abatement clearance procedures
shall be performed by a certified inspector or risk assessor.
(A)Following an abatement, a visual inspection shall
be performed to determine if deteriorated painted surfaces or [
and/or] visible amounts of dust, debris, or residue are still
present. If deteriorated painted surfaces or visible amounts of dust,
debris, or residue are present, these conditions must be eliminated
prior to the continuation of the clearance procedures.
(B)Following the visual inspection and any post-abatement
cleanup required by subparagraph (A) of this paragraph, clearance
sampling for lead in dust shall be conducted. Clearance sampling may
be conducted by employing single-surface sampling or composite sampling
techniques.
(C)Dust samples for clearance purposes shall be taken
using approved documented methodologies that incorporate adequate
quality control procedures.
(D)Dust samples for clearance purposes shall be taken
a minimum of one hour after completion of final post-abatement cleanup
activities.
(E)The following post-abatement clearance activities
shall be conducted as appropriate based upon the extent or manner
of abatement activities conducted in or to the residential dwelling
or child-occupied facility.
(i)After conducting an abatement with containment
between abated and unabated areas, one dust sample shall be taken
from one interior window sill and from one window trough (if present)
and one dust sample shall be taken from the floors of each of no less
than four rooms, hallways or stairwells within the containment area.
In addition, one dust sample shall be taken from the floor outside
the containment area. If there are less than four rooms, hallways
or stairwells within the containment area, then all rooms, hallways
or stairwells shall be sampled.
(ii)After conducting an abatement with no containment,
two dust samples shall be taken from each of no less than four rooms,
hallways or stairwells in the residential dwelling or child-occupied
facility. One dust sample shall be taken from one interior window
sill and window trough (if present) and one dust sample shall be taken
from the floor of each room, hallway or stairwell selected. If there
are less than four rooms, hallways or stairwells within the residential
dwelling or child-occupied facility then all rooms, hallways or stairwells
shall be sampled.
Cont'd...
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