Current through March 20, 2024
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 3.
A lead hazard screen shall be conducted only by a person
licensed by the department as a risk assessor. A lead hazard screen shall be
conducted as follows:
(1) 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 (1) or more children, six (6) years of age or younger,
shall be collected.
(2) A visual
inspection of the residential dwelling or child-occupied facility shall be
conducted to:
(A) determine if any
deteriorated paint is present; and
(B) locate at least two (2) dust sampling
locations.
(3) If
deteriorated paint is present, the following surfaces which are determined,
using documented methodologies, to be in poor condition and 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.
(B) All other surfaces with visibly
deteriorated paint.
(4)
In residential dwellings, two (2) composite dust samples shall be collected and
analyzed, one (1) from the floors and one (1) from an interior window sill in
all living areas, including, but not limited to, rooms, hallways, or stairwells
where any child, six (6) years of age or younger, is likely to come in contact
with dust.
(5) In multifamily
dwellings and child-occupied facilities, the samples required in subdivision
(3) shall be taken in:
(A) each room, hallway,
or stairwell used by any child six (6) years of age and under; and
(B) other common area groups in the
child-occupied facility where any child six (6) years of age and under is
likely to come into contact with dust.
In addition, the risk assessor shall also collect and analyze
at least two (2) composite or single-surface dust samples from interior window
sills and floors where any child, six (6) years of age or younger, is likely to
come into contact with dust.
(6) 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 to determine if they contain
detectable levels of lead that can be quantified numerically.
(7) Paint shall be sampled in
either, or both, of the following manners:
(A)
The analysis of paint to determine the presence of lead shall be conducted
using documented methodologies that incorporate adequate quality control
procedures.
(B) All collected paint
chip samples shall be analyzed to determine if they contain detectable levels
of lead that can be quantified numerically.
(8) The risk assessor shall prepare a lead
hazard screen report, which shall include the following information:
(A) The date of the assessment.
(B) The address of the building.
(C) The date of construction.
(D) The apartment number, if
applicable.
(E) The name, address,
and telephone number of each owner or owners of each residential dwelling or
child-occupied facility.
(F) The
name, signature, and license number of each licensed risk assessor conducting
the assessment.
(G) The name,
address, and telephone number of the firm employing each licensed risk
assessor.
(H) The name, address,
and telephone number of each recognized laboratory conducting the analysis of
the collected samples.
(I) Each
testing method and device or sampling procedure employed for paint analysis,
including quality control data and, if used, the serial number of any x-ray
fluorescence device.
(J) Specific
locations of each painted component tested for the presence of lead-based
paint.
(K) The results of the
assessment, including, but not limited to, visual inspections in terms
appropriate to the sampling method used.
(L) All results of laboratory analysis on
collected paint, soil, and dust samples.
(M) Any background information
collected.
(N) 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.
(O) A description of the location, type, and
severity of lead-based paint hazards and other potential lead
hazards.
(P) 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.
(9) The risk assessor shall submit
documentation of the lead hazard screen in the format prescribed by the
department within five (5) business days after completing the report.
(10) The risk assessor shall submit to the
department, on a quarterly basis, the number of lead hazard screen reports
prepared during that quarter by the fifteenth day of the following month.
Transferred from the Air Pollution Control Board
(326 IAC 23-4-3) to the Indiana
State Department of Health (410 IAC 32-4-3) by
P.L.
57-2009,
SECTION
17, effective July 1, 2009.
