Current through Register No. 40, October 3, 2024
(a) Testing for the
presence of lead in paint shall be conducted by one or more of the following
methods:
(1) Field measurement by XRF using
standards set forth in the U.S. Department of Housing and Urban Development
(HUD) "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in
Housing" (2012 Edition), available as noted in Appendix A;
(2) Laboratory analysis of paint chips by
atomic absorption spectrometry using standards set forth in Appendix 14.1 of
the HUD "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards
in Housing" (2012 Edition), available as noted in Appendix A; or
(3) Any testing method using recognized
published procedures or methods developed and validated by the laboratory using
assayed materials, inter-lab comparisons, or proficiency test
samples.
(b) All
collection and analysis of samples from paint chips, dust, soil, or other media
shall comply with standards set forth in Appendix 13.1 through Appendix 13.3
and Appendix 14.1 through Appendix 14.3 of the HUD "Guidelines for the
Evaluation and Control of Lead-Based Paint Hazards in Housing", (2012 Edition),
available as noted in Appendix A.
(c) Laboratories performing lead analyses on
environmental samples shall be recognized by the EPA National Lead Laboratory
Accreditation Program (NLLAP).
(d)
The following requirements shall apply if field measurements by XRF are used:
(1) The user shall have a currently valid
license or registration for the XRF instrument used, issued by the department's
radiological health section in accordance with He-P 4000;
(2) The calibration of each XRF unit shall be
checked as follows:
a. The calibration of XRF
instruments shall be checked against the manufacturer's standards for that
instrument in accordance with the manufacturer's specifications for that
instrument;
b. The calibration
check of each XRF instrument used shall be conducted at the beginning and end
of each inspection and at intervals throughout the inspection in accordance
with manufacturer's specifications for the instrument;
c. If the XRF instrument does not produce a
reading within the manufacturer's specified tolerance for each standard, the
instrument shall be removed from use until such time as the unit is again
operating within the manufacturer's specified tolerance for each standard;
and
d. The results of all
calibration checks shall be recorded on the inspection report;
(3) Except as provided in (4)
below, XRF measurements shall be adjusted to compensate for substrate
interference utilizing substrate correction protocols set forth in the HUD
"Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in
Housing" (2012 Edition), available as noted in Appendix A;
(4) Adjustment of XRF measurements to
compensate for substrate interference shall not be required when the
manufacturer's "XRF Performance Characteristics Sheet", a document based on
methodology developed jointly by the EPA and HUD, indicates that substrate
corrections are not necessary; and
(5) Surfaces shall not be considered to
contain lead-based paint when the XRF reading is less than 1.0 mg/cm and the
manufacturer's recommended tolerance of the machine is factored into the
calculation of the reading.
(e) When conducting full inspections in
multifamily housing that has more than one dwelling unit or child care facility
in the same building, complex, or development, the inspection shall be
conducted in accordance with the HUD "Guidelines for the Evaluation and Control
of Lead-Based Paint Hazards in Housing", (2012 Edition), available as noted in
Appendix A.
#5920, eff 1-1-95; amd by #6096, eff 9-22-95; ss by
#7181, eff 12-24-99; ss by #7495, eff 5-23-01; ss by #8039, eff 2-13-04; ss by
#8932, eff 7-6-07; ss by #9986, eff
9-1-11
