Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This rule delineates the standards to be
followed by licensed lead inspectors and licensed risk assessors to conduct
lead inspections in target housing and child-occupied facilities in accordance
with standards set forth in sections
701.300 through
701.338,
RSMo, and
19
CSR 30-70.600 through
19 CSR
30-70.630.
(1) Licensure. All persons conducting lead
inspections shall be licensed by the Office of Lead Licensing and Accreditation
(OLLA) as set forth in sections
701.300 through
701.338,
RSMo, and
19
CSR 30-70.110 through
19
CSR 30-70.200 as a lead inspector or risk assessor.
Licensed lead inspectors and risk assessors shall present, upon request, proof
of licensure in the form of the photo identification badge issued by
OLLA.
(2) Conflict of Interest.
OLLA recommends that licensed lead inspectors and risk assessors conducting
lead inspection activities should avoid potential conflicts of interest by not
being contracted, subcontracted or employed by a lead abatement contractor
performing lead abatement activities on the same lead abatement
project.
(3) Documented
Methodologies for Conducting Lead Inspections.
(A) Licensed lead inspectors and risk
assessors shall use the following documented methodologies as referenced in
this regulation for conducting lead inspections:
1. The U.S. Department of Housing and Urban
Development publication entitled, "Guidelines for the Evaluation and Control of
Lead-Based Paint Hazards in Housing" (HUD Guidelines); and
2. The U.S. Environmental Protection Agency
publications entitled "EPA Lead Based Paint Inspector Model Curriculum";
"Guidance on Residential Lead-Based Paint, Lead-Contaminated Dust and
Lead-Contaminated Soil"; and "Residential Sampling for Lead: Protocols for Dust
and Soil Sampling." (B) Where a conflict exists between any of the
aforementioned methodologies and any federal or state statute or regulation, or
any city or county ordinance, the most stringent of these shall be adhered to
by the licensed lead inspector or risk assessor.
(4) Sample Forms and
Questionnaires. Sample forms and questionnaires may be found within the
documented methodologies listed in section (3) of this regulation. These sample
forms and questionnaires may be used as a guide by licensed lead inspectors or
risk assessors.
(5) Any paint chip,
dust, or soil samples collected pursuant to these work practice standards shall
be-
(A) Collected by persons licensed by OLLA
as a lead inspector or risk assessor; and
(B) Analyzed by a laboratory recognized by E
PA pursuant to section 405(b) of TSCA as being capable of performing analyses
for lead compounds in paint chip, dust, and soil samples.
(6) Lead Inspection.
(A) When conducting a lead inspection, the
following locations shall be selected according to the documented methodologies
referenced in section (3) of this regulation and tested for the presence of
lead-bearing substances:
1. In dwellings and
child-occupied facilities, surface-by-surface sampling by paint chip collection
and/or X-ray fluorescence (XRF) analysis shall be conducted on components with
distinct painting histories, including those components that are stained,
shellacked, varnished or covered with wallpaper; and
2. For multi-family dwellings and
child-occupied facilities, the samples required in paragraph (6)(A)1. of this
regulation shall be taken. In addition, surface-by-surface sampling by paint
chip collection and/or XRF analysis shall be conducted in common areas on
components with distinct painting histories, including those components that
are stained, shellacked, varnished or covered with wallpaper.
(B) Paint and other surface
coatings shall be sampled according to the documented methodologies referenced
in section (3) of this regulation.
(7) Lead Inspection Report. The inspection
report shall be prepared by the OLLA-licensed lead inspector or risk assessor
that performed the lead inspection and shall include the following:
(A) Date of inspection;
(B) Address of dwelling or child-occupied
facility;
(C) Date dwelling or
child-occupied facility was constructed;
(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 license number of each licensed inspector and/or risk assessor
conducting lead inspection;
(G)
Name, address and telephone number of the firm employing each inspector and/or
risk assessor;
(H) XRF results
including the following (if applicable):
1.
XRF manufacturer and model;
2.
Serial number of XRF device used during the inspection;
3. Calibration verification from the
beginning and end of each dwelling unit;
4. A copy of the XRF device user's
certificate of training provided by the equipment manufacturer;
5. License or registration number of the
instrument;
6. A summary that
categorizes the XRF results into one (1) of three (3) categories: positive,
negative or inconclusive; and
7.
Recommendations for addressing inconclusive XRF results;
(I) A summary of laboratory results
categorized as positive or negative and the name of each accredited laboratory
that conducted the analysis (if applicable);
(J) Floor plans or sketches of the units
inspected showing approximate test locations and any identifying number
systems;
(K) A summary of the
substrates tested including identification of component, component integrity,
paint condition and color, and test identification numbers associated with the
results; and
(L) The results of the
inspection expressed in terms appropriate to the sampling method
used.
(8) Time Frame for
Submission of Reports. The inspection report shall be provided to the owner of
the property within twenty (20) business days of lead inspection
completion.
(9) Report Records
Retention. All lead inspection reports shall be maintained by the licensed lead
inspector or risk assessor who prepared the report for no fewer than three (3)
years. The licensed lead inspector or risk assessor shall make copies of lead
inspection reports available to OLLA upon request.
*Original authority: 701.301, RSMo 1998; 701.312, RSMo
1993, amended 1998; and 701.314, RSMo 1993, amended
1998.
