(a) Applicability
and terms.
(1) All lead-based paint activities
shall be performed pursuant to the work practice standards contained in this
section.
(2) When performing any
lead-based paint activity described by the certified individual as an
inspection, lead hazard screen, risk assessment or abatement, a certified
individual shall perform that activity in compliance with the appropriate
requirements below.
(3) Documented
methodologies that are appropriate for this section are found in the following:
The U.S. Department of Housing and Urban Development (HUD) Guidelines for the
Evaluation and Control of Lead-Based Paint Hazards in Housing; the EPA Guidance
on Residential Lead-Based Paint, Lead-Contaminated Dust, and Lead-Contaminated
Soil; the EPA Residential Sampling for Lead: Protocols for Dust and Soil
Sampling (EPA report number 7474-R-95-001); regulations, guidance, methods or
protocols issued by states and Indian Tribes that have been authorized by EPA;
and other equivalent methods and guidelines.
(4) Clearance levels appropriate for the
purposes of this section may be found in the EPA Guidance on Residential
Lead-Based Paint, Lead-Contaminated Dust, and Lead Contaminated Soil or other
equivalent guidelines.
(b) Inspection.
(1) An inspection shall be conducted only by
a person certified by the department as an inspector or risk assessor and, if
conducted, shall be conducted according to the procedures in this
subsection.
(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) In a residential dwelling and
child-occupied facility, each 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; and
(B) In a multi-family
dwelling or child-occupied facility, each component with a distinct painting
history in every common area, except those components that the inspector or
risk assessor determines to have been replaced after 1978, or to not contain
lead-based paint.
(3)
Paint shall be sampled in the following manner:
(A) The analysis of paint to determine the
presence of lead shall be conducted using documented methodologies which
incorporate adequate quality control procedures; and
(B) All collected paint chip samples shall be
analyzed according to subsection (f) to determine if they contain detectable
levels of lead that can be quantified numerically.
(4) The certified inspector or risk assessor
shall prepare an inspection report which shall include the following
information:
(A) Date of each
inspection.
(B) Address of
building.
(C) Date of
construction.
(D) Apartment numbers
(if applicable).
(E) Name, address,
and telephone number of the owner or owners of each residential dwelling or
child-occupied facility.
(F) Name,
signature, and certification number of each certified inspector or risk
assessor conducting testing.
(G)
Name, address, and telephone number of the certified firm employing each
inspector or risk assessor, if applicable.
(H) Each testing method and device and
sampling procedure employed for paint analysis, including quality control data
and, if used, the serial number of any x-ray fluorescence (XRF)
device.
(I) Specific locations of
each painted component tested for the presence of lead-based paint.
(J) The results of the inspection expressed
in terms appropriate to the sampling method used.
(c) Lead hazard screen.
(1) A lead hazard screen shall be conducted
only by a person certified by the department as a risk assessor.
(2) If conducted, a lead hazard screen shall
be conducted as follows:
(A) 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, age six years and under, shall be
collected.
(B) A visual inspection
of the residential dwelling or child-occupied facility 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, which is determined, using documented
methodologies, to be in poor condition and to have a distinct painting history,
shall be tested for the presence of lead.
(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
and under, 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), the risk assessor shall also collect composite dust
samples from common areas where one or more children, age six and under, are
most likely to come into contact with dust.
(3) Dust samples shall be collected and
analyzed in the following manner:
(A) All dust
samples shall be taken using documented methodologies that incorporate adequate
quality control procedures.
(B) All
collected dust samples shall be analyzed according to subsection (f) to
determine if they contain detectable levels of lead that can be quantified
numerically.
(4) Paint
shall be sampled in the following manner:
(A)
The analysis of paint to determine the presence of lead shall be conducted
using documented methodologies which incorporate adequate quality control
procedures; and
(B) All collected
paint chip samples shall be analyzed according to subsection (f) 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 information:
(A) The information
required in a risk assessment report as specified in subsection (d) (11) (A) to
(N). Additionally, any background information collected pursuant to paragraph
(2) (A) shall be included in the hazard screen report; and
(B) Recommendations, if warranted, for a
follow-up risk assessment and, as appropriate, any further actions.
(d) Risk assessment.
(1) A risk assessment shall be conducted only
by a person certified by the department as a risk assessor and, if conducted,
shall 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 assess other potential lead-based paint hazards.
(3) Background information regarding the
physical characteristics of the residential dwelling or child-occupied facility
and occupant use patterns that may cause leadbased paint exposure to one or
more children age six years and under shall be collected.
(4) The following surfaces which are
determined, using 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 and floor shall be collected and
analyzed for lead concentration in all living areas where one or more children,
age six and under, are most likely to come into contact with dust.
(6) For multi-family dwellings and
child-occupied facilities, the samples required in paragraph (4) 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) Other common
areas in the building where the risk assessor determines that one or more
children, age six and under, are likely to come into contact with
dust.
(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 and foundation areas where bare
soil is present.
(9) Any
paint, dust, or soil sampling or testing shall be conducted using documented
methodologies that incorporate adequate quality control procedures.
(10) Any collected paint chip, dust, or soil
samples shall be analyzed according to subsection (f) to determine if they
contain detectable levels of lead that can be quantified numerically.
(11) The certified risk assessor shall
prepare a risk assessment report which shall include the following information:
(A) Date of assessment.
(B) Address of each building.
(C) Date of construction of
buildings.
(D) Apartment number (if
applicable).
(E) Name, address, and
telephone number of each owner of each building.
(F) Name, signature, and certification of the
certified risk assessor conducting the assessment.
(G) Name, address, and telephone number of
the certified firm employing each certified risk assessor, If
applicable.
(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.
(L) All data collected from on-site testing,
including quality control data and, If used, the 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).
(P) To
the extent that they are used as part of the lead-based paint hazard
determination, the results of any previous inspections or analyses for the
presence of lead-based paint, or other assessments of lead-based paint-related
hazards.
(Q) A description of the
location, type, and severity of identified lead-based paint hazards and any
other potential lead hazards.
(R) A
description of interim controls and abatement options for each identified
lead-based paint hazard and a suggested prioritization for addressing each
hazard. If the use of an encapsulant or enclosure is recommended, the report
shall recommend a maintenance and monitoring schedule for the encapsulant or
enclosure.
(e)
Abatement.
(1) An abatement shall be
conducted only by an individual certified by the department, 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
onsite or available by telephone, 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 section and all
other federal, state, and local requirements.
(4) A certified firm shall notify the
department of lead-based paint abatement activities as follows:
(A) Except as provided in subparagraph (B),
the department shall be notified prior to conducting lead-based paint abatement
activities. The original notification shall be received by the department at
least five business days before the start date of any lead-based paint
abatement activities.
(B)
Notification for lead-based paint abatement activities required in response to
an elevated blood lead level (EBL) determination, or federal, state, Tribal, or
local emergency abatement order shall be received by the department as early as
possible before, but shall be received no later than, the start date of the
lead-based paint abatement activities. Should the start date or location
provided to the department change, an updated notification shall be received by
the department on or before the start date provided to the department.
Documentation showing evidence of an EBL determination or a
copy of the federal, state, Tribal, or local emergency abatement order shall be
included in the written notification to take advantage of this abbreviated
notification period.
(C)
Except as provided in subparagraph (B), updated notification shall be provided
to the department for lead-based paint abatement activities that will begin on
a date other than the start date specified in the original notification, as
follows:
(i) For lead-based paint abatement
activities beginning prior to the start date provided to the department, an
updated notification shall be received by the department at least five business
days before the new start date included in the notification.
(ii) For lead-based paint abatement
activities beginning after the start date provided to the department, an
updated notification shall be received by the department on or before the start
date provided to the department.
(D) Except as provided in subparagraph (B),
updated notification shall be provided to the department for any change in
location of lead-based paint abatement activities at least five business days
prior to the start date provided to the department.
(E) Updated notification shall be provided to
the department when lead-based paint abatement activities are canceled or when
there are other significant changes including, but not limited to, when the
square footage or acreage to be abated changes by more than twenty per cent.
This updated notification shall be received by the department on or before the
start date provided to the department, or if work has already begun, within
twenty-four hours of the change.
(F) The following shall be included in each
notification:
(i) Notification type (original,
updated, cancelation).
(ii) Date
when lead-based paint abatement activities will start.
(iii) Date when lead-based paint abatement
activities will end (approximation using best professional
judgement).
(iv) Firm's name,
departmental certification number, address, telephone number.
(v) Type of building (e.g., single family
dwelling, multi-family dwelling, child-occupied facilities) on or in which
abatement work will be performed.
(vi) Property name (if applicable).
(vii) Property address including apartment or
unit number (if applicable) for abatement work.
(viii) Documentation showing evidence of an
EBL determination or a copy of the federal, state, Tribal, or local emergency
abatement order, if using the abbreviated time period as described in
subparagraph (B).
(ix) Name and
departmental certification number of the project supervisor.
(x) Approximate square footage or acreage to
be abated.
(xi) Brief description
of abatement activities to be performed.
(xii) Name, title, and signature of the
representative of the certified firm who prepared the notification.
(G) All notifications shall be in
writing. Written notification can be accomplished using either the sample form
titled "Notification of Lead-Based Paint Abatement Activities" or similar form
containing the information required in subparagraph (F). All written
notifications shall be delivered by U.S. Postal Service, fax, commercial
delivery service, or hand delivery.
(H) Lead-based paint abatement activities
shall not begin on a date or at a location other than that specified in either
an original or updated notification, in the event of changes to the original
notification.
(I) No firm or
individual shall engage in lead-based paint abatement activities, as defined in
section 11-41-2, prior to notifying the
department of such activities according to requirements of this
paragraph.
(5) A written
occupant protection plan shall be developed 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 the building occupants from exposure to any lead-based paint
hazards.
(B) A certified supervisor
or project designer shall prepare the occupant protection plan.
(6) The work practices listed
below shall be restricted during an abatement as follows:
(A) Open-flame burning or torching of
leadbased 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 which removes particles of 0.3 microns or larger from the air
at 99.97 per cent 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 twenty square feet
on exterior surfaces; and
(D)
Operating a heat gun on lead-based paint is permitted only at temperatures
below 1100 degrees Fahrenheit.
(7) If conducted, soil abatement shall be
conducted in one of the following ways:
(A)
If the soil is removed:
(i) The soil shall be
replaced by soil with a lead concentration as close to local background as
practicable, but no greater than four hundred parts per million.
(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 section
11-41-2.
(8) The following post-abatement clearance
procedures shall be performed only by a certified inspector or risk assessor:
(A) Following an abatement, a visual
inspection shall be performed to determine if deteriorated painted surfaces 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 shall be eliminated prior to the continuation of the clearance
procedures.
(B) Following the
visual inspection and any post-abatement cleanup required by subparagraph (A),
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 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.
(iii) Following an exterior paint abatement,
a visible inspection shall be conducted. All horizontal surfaces in the outdoor
living area closest to the abated surface shall be found to be cleaned of
visible dust and debris. In addition, a visual inspection shall be conducted to
determine the presence of paint chips on the dripline or next to the foundation
below any exterior surface abated. If paint chips are present, they shall be
removed from the site and properly disposed of, according to all applicable
federal, state, and local requirements.
(F) The rooms, hallways, or stairwells
selected for sampling shall be selected according to documented
methodologies.
(G) The certified
inspector or risk assessor shall compare the residual lead level (as determined
by the laboratory analysis) from each single surface dust sample with clearance
levels in subparagraph (H) 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 re-cleaned and re-tested.
(H) The clearance levels for lead in dust
are: ten micrograms per square foot for floors, one hundred micrograms per
square foot for interior window sills, and four hundred micrograms per square
foot for window troughs.
(9) In a multi-family dwelling with similarly
constructed and maintained residential dwellings, random sampling for the
purposes of clearance may be conducted provided:
(A) The certified individuals who abate or
clean the residential dwellings do not know which residential dwelling will be
selected for the random sample.
(B)
A sufficient number of residential dwellings are selected for dust sampling to
provide a ninety-five per cent level of confidence that no more than five per
cent or fifty of the residential dwellings (whichever is smaller) in the
randomly sampled population exceed the appropriate clearance levels.
(C) The randomly selected residential
dwellings shall be sampled and evaluated for clearance according to the
procedures found in paragraph (8).
(10) An abatement report shall be prepared by
a certified supervisor or project designer. The abatement report shall include
the following information:
(A) Start and
completion dates of abatement.
(B)
The name and address of each certified firm conducting the abatement and the
name of each supervisor assigned to the abatement project.
(C) The occupant protection plan prepared
pursuant to paragraph (5).
(D) The
name, address, and signature of each certified risk assessor or inspector
conducting clearance sampling and the date of clearance testing.
(E) The results of clearance testing and all
soil analyses (if applicable) and the name of each recognized laboratory that
conducted the analyses.
(F) A
detailed written description of the abatement, including abatement methods
used, locations of rooms and components where abatement occurred, reason for
selecting particular abatement methods for each component, and any suggested
monitoring of encapsulants or enclosures.
(f) Collection and laboratory analysis of
samples. Any paint chip, dust, or soil samples collected pursuant to the work
practice standards contained in this section shall be:
(1) Collected by persons certified by the
department as an inspector or risk assessor; and
(2) Analyzed by a laboratory recognized by
EPA as being capable of performing analyses for lead compounds in paint chip,
dust, and soil samples.
(g) Composite dust sampling. Composite dust
sampling may only be conducted in the situations specified in subsections (c)
to (e). If such sampling is conducted, the following conditions shall apply:
(1) Composite dust samples shall consist of
at least two subsamples;
(2) Every
component that is being tested shall be included in the sampling; and
(3) Composite dust samples shall not consist
of subsamples from more than one type of component.
(h) Determinations.
(1) Lead-based paint is present:
(A) On any surface that is tested and found
to contain lead equal to or in excess of one milligram per square centimeter or
equal to or in excess of 0.5 per cent 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 section
11-41-3(b);
(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); and
(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 ten micrograms per square foot for floors and one
hundred micrograms per square foot 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;
and
(C) On floors or interior
window sills in an unsampled common area in a multifamily 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 four hundred parts per million; 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
one thousand two hundred parts per million.
(i) Record keeping. All reports and plans
required in this section shall be maintained by the certified firm or
individual who prepared the report for no less than three years. The certified
firm or individual also shall provide copies of these reports to the building
owner who contracted for its services.