Rhode Island Code of Regulations
Title 216 - Department of health
Chapter 50 - Environmental health
Subchapter 15 - HEALTHY ENVIRONMENT
Part 5 - Lead Inspections
Section 216-RICR-50-15-5.4 - Lead Hazard Mitigation (LHM) Inspections

Universal Citation: 216 RI Code of Rules 50 15 5.4

Current through September 18, 2024

A. Only a Lead Inspector or Lead Assessor shall conduct an LHM Inspection.

1. Exceptions
a. When an owner is in receipt of a notice or order from the Department which requires a Conditional Lead-Safe Certificate (Form PBLC-15) or Full Lead-Safe Certificate (Form PBLC-21), all dwelling units at the subject property are disqualified and prohibited from obtaining a Certificate of Lead Conformance (Form LHM- 2-1) from a private Lead Inspector for as long as the notice or order remains in effect, regardless of occupancy or blood lead levels.

b. The owner shall contact the Department to arrange for lead inspection(s) of any other dwelling units at the subject premises by a State Inspector during the period the notice or order remains in effect.

c. For condominium units, the inspection requirements are limited to the interior of the dwelling unit. The interior and exterior common areas are exempt from the LHM inspection requirements.

B. Paint

1. The Lead Inspector or Lead Assessor shall follow the comprehensive environmental lead inspection protocol for evaluating paint in § 5.5(B) of this Part, except that paint testing is not required. All pre-1978 painted surfaces not tested must be assumed to be lead-based paint.
a. Intact lead-based paint is conditionally lead safe.

b. Damaged paint may be tested pursuant to § 5.7.2 of this Part. Paint below the lead-safe thresholds in § 5.8 of this Part is lead-safe regardless of its condition.

C. Dust

1. The Lead Inspector or Lead Assessor shall collect dust wipe samples pursuant to § 5.7.3 of this Part.
a. For a single-family dwelling or dwelling unit, a minimum of three (3) dust wipe samples from floors and window sills or window wells and one (1) field blank must be collected.

b. For a multi-unit dwelling, at least one (1) additional dust wipe sample must be collected in each relative common area.

2. Dust wipe sampling may be postponed until the follow up inspection if the LHM Inspection identified any paint hazards.

D. Soil

1. Optional soil sampling may be conducted pursuant to § 5.7.4 of this Part. The Lead Inspector or Lead Assessor shall follow the comprehensive environmental lead inspection protocol for soil sampling in § 5.5(D) of this Part.
a. Covered soil is conditionally lead safe.

2. The Mitigation Report must indicate whether the soil was tested and lead safe or lead hazard, or not tested.

E. Water

1. Optional water sampling may be conducted pursuant to § 5.7.5 of this Part. The Lead Inspector or Lead Assessor shall follow the comprehensive environmental lead inspection protocol for water sampling in § 5.5(E) of this Part.

2. The Mitigation Report must indicate whether the water was tested and lead safe or lead hazard, or not tested.

F. Certificate of Lead Conformance

1. The Lead Inspector or Lead Assessor who conducted the LHM Inspection shall issue a Certificate of Lead Conformance (Form LHM- 2-1) when the dwelling or dwelling unit and common areas, as applicable, including the building exterior and accessory structures, meet the lead mitigation standards in § 5.8 of this Part.
a. The expiration date of the Certificate of Lead Conformance (FormLHM- 2-1) will be two (2) years from the inspection date.

2. Between November 1st and March 31st, the Lead Inspector or Lead Assessor who conducted the LHM Inspection shall issue an Interior Certificate of Lead Conformance (Form LHM- 2-3) when only the interior of the dwelling or dwelling unit and common areas, as applicable, meet the lead mitigation standards in § 5.8 of this Part.
a. The expiration date of the Interior Certificate of Lead Conformance (Form LHM- 2-3), will be the following June 30th; and

b. The exterior paint hazards must be corrected by the following June 30th and an exterior re-inspection is required on or before June 30th to obtain a Certificate of Lead Conformance (Form LHM- 2-2); and

c. Before June 30th, the Lead Inspector or Lead Assessor who passes the exterior re-inspection shall issue a Certificate of Lead Conformance (Form LHM- 2-2) and the expiration date of the certificate which includes the exterior, will be two (2) years from the date of achieving interior dust wipe clearance in the dwelling or dwelling unit and interior common areas, as applicable; or

d. After June 30th, a full LHM Inspection, including interior dust wipe sampling, is required to obtain a valid Certificate of Lead Conformance (Form LHM- 2-1).

Disclaimer: These regulations may not be the most recent version. Rhode Island may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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