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-50-15-5.7 - Environmental Lead Testing Methods
Universal Citation: 216 RI Code of Rules 50 15 5.7
Current through September 18, 2024
5.7.1 Approved Testing Methods
A. A Lead
Inspector, Lead Assessor, or Lead Renovator is trained and licensed or
certified to use one (1) or more of the following testing methods for lead in
paint, dust, soil, and/or water:
1.
EPA-recognized lead test kit for positive or inconclusive results by a Lead
Inspector or Lead Assessor;
2.
EPA-recognized lead test kit for applicability of the RRP Rule used by a Lead
Renovator;
3. X-Ray Fluorescence
(XRF) Analyzer for on-site paint testing by a Lead Inspector or supervised Lead
Inspector-in-Training;
4. XRF
analysis of dust wipe or soil samples by a person who is ELPAT- accredited as
being proficient for lead analysis during the period the dust wipe or soil
sample analysis, as applicable, is performed;
5. Paint chip, dust wipe, soil, or drinking
water sampling for analysis by a laboratory certified pursuant to §
11.9 of this Subchapter;
and/or
6. Any other method approved
in writing by the Department.
|
Approved Lead Testing Methods |
||||
|
Paint |
Dust |
Soil |
Water |
|
|
EPA recognized Lead Test Kit |
Lead Assessor Lead Inspector Supervised Lead Inspector-in-Training Certified Lead Renovator |
Not Applicable |
Not Applicable |
Not Applicable |
|
XRF Analyzer |
Lead Inspector Supervised Lead Inspector-in-Training |
ELPAT- accredited person |
ELPAT-accredited person |
Not Applicable |
|
Lead Sampling for Laboratory Analysis |
Lead Assessor Lead Inspector Supervised Lead Inspector-in-Training Certified Lead Renovator |
Lead Assessor Lead Inspector Supervised Lead Inspector-in Training |
Lead Assessor Lead Inspector Supervised Lead Inspector-in Training |
Lead Assessor Lead Inspector Supervised Lead Inspector-in Training |
5.7.2 Paint
A. General Requirements
1. The construction date of the subject
building, dwelling, and/or accessory structure(s) must be determined:
a. For the purposes of this Part, all painted
surfaces constructed after January 1, 1978 (post-1978) are assumed to be below
the lead-safe thresholds in §
5.8 of this Part, unless
proven otherwise; testing is not required.
b. For the purposes of this Part, all painted
surfaces constructed before January 1, 1978 (pre-1978) must be assumed to
exceed the lead-safe threshold in §
5.8 of this Part, unless
proven otherwise; testing is required to determine if the lead concentration is
below the lead-safe thresholds in §
5.8 of this
Part.
2. Only a Lead
Inspector or Lead Assessor may group together building components which have
the same painting histories into a single representative test in one (1)
building, dwelling, dwelling unit, common area, or accessory structure, as
applicable.
a. Painted fixtures which are
physically attached to the premises must be included.
3. A Lead Renovator shall test each component
that will be disturbed by renovation, repair, and painting (RRP) activities,
either by using a lead test kit or by collecting a paint chip sample for
laboratory analysis.
(1) Painted fixtures
which are physically attached to the premises must be included.
4. For the purposes of this Part,
a surface coating is lead-based paint if a single testing method is positive
for lead when multiple testing methods are used (i.e. lead test kit, XRF
Analyzer, or laboratory analysis of a paint chip sample).
B. Lead Test Kits
1. EPA-recognized lead test kits may be used
by a certified Lead Renovator in accordance with the manufacturer's
instructions to confirm the presence of lead-based paint, either to show that
damaged paint is a lead hazard or to show whether the Renovation, Repair, and
Painting (RRP) Rule applies to the tested surface.
a. EPA-recognized lead test kits may be used
by a Lead Inspector or Lead Assessor to confirm the presence of lead-based
paint to show that damaged paint is a lead hazard. A Lead Inspector or Lead
Assessor shall not damage intact paint to use a lead test kit.
2. Test kits may not be used to
determine lead-safe status, to determine eligibility for exemption from the
Lead Disclosure Rule or the Lead Safe Housing Rule, or to serve as the basis
for a Full Lead-Safe Certificate (Form PBLC-21).
C. Paint Chip Sampling
1. A Lead Inspector or Lead Assessor shall
collect paint chip samples for laboratory analysis by collecting a minimum of
one (1) sample from each testing combination that is the minimum weight or area
required by the analyzing laboratory.
2. A Lead Renovator shall collect paint chip
samples by collecting a sample that is the minimum weight or area required by
the analyzing laboratory from each building component that will be affected by
renovation, repair, and painting (RRP) activities.
3. Paint samples must be removed in a manner
that minimizes the possibility of creating lead-contaminated dust or debris and
immediately cleaning any dust or debris, if generated, and repairing the
surface from which the paint sample was collected, if necessary.
4. Alternatively, paint chip samples may be
collected pursuant to the EPA RRP Program Paint Chip Sample Collection Guide
and reported as milligrams per square centimeter
(mg/cm2).
D. XRF Testing
1. A Lead Inspector or supervised Lead
Inspector-in-Training shall successfully complete radiation safety training
approved by the Department before operating or transporting an XRF Analyzer in
Rhode Island.
2. A Lead Inspector
or supervised Lead Inspector-in-Training shall use an XRF Analyzer for on-site
measurements of painted surfaces in accordance with the most current EPA/HUD
XRF Performance Characteristic Sheet (PCS) for that instrument.
3. A Lead Inspector or supervised Lead
Inspector-in-Training shall operate an XRF under a currently valid specific or
general radioactive materials license for the XRF instrument used, in
accordance with the Department's Rules and Regulations for the Licensing of
Radioactive Material (Part 40 20-7 of this Title).
4. A Lead Inspector or supervised Lead
Inspector-in-Training, using an XRF instrument in Rhode Island with a
radioactive materials license issued by another jurisdiction, shall follow the
reciprocity provisions of the Department's Rules and Regulations for the
Licensing of Radioactive Material (Part 40-20-7 of this Title).
5. The manufacturer, model number, and serial
number of the XRF Analyzer and results of all calibration verification checks
for a lead inspection must be recorded in the lead inspection
report.
5.7.3 Dust
A. General Requirements
1. Dust wipe samples must represent a "worst
case" situation and, for floors, the samples must be collected from areas
nearest entries, in high traffic areas, under windows, and in areas frequently
used by children.
2. For clearance
inspections, dust wipe samples must be collected in work areas, adjacent to
work areas, as well as pathways used to access work areas and pathways used to
remove waste.
3. Additional
sampling may be conducted pursuant to the current HUD Guidelines for the
Evaluation and Control of Lead Based Paint Hazards in Housing.
B. Dust Wipe Sampling
1. A Lead Inspector or Lead Assessor shall
collect single surface dust wipe samples in accordance with:
a. The current HUD Guidelines for the
Evaluation and Control of Lead-Based Paint Hazards in Housing Appendix 13.1
Wipe Sampling of Settled Dust for Lead Determination and the sampling material
requirements of the analyzing laboratory; or
b. Active Standards ASTM E1728/E1728M
Standard Practice for Collection of Settled Dust Samples Using Wipe Sampling
Methods for Subsequent Lead Determination and ASTM E1792 Standard Specification
for Wipe Sampling Materials for Lead in Surface Dust.
C. Field Blank
1. Every day for each building, the Lead
Inspector or Lead Assessor shall prepare one (1) field blank prior to leaving
the building where dust wipe samples are collected.
2. The purpose of the field blank is to
identify errors or contamination in supplies, sample collection, or analysis.
If the field blank result is not below the reporting limit of the analyzing
laboratory, then all dust wipe sample results from the subject building are
considered invalid, for the purposes of this Part, and must be repeated in
their entirety.
5.7.4 Soil
A. For each soil sample, the Lead Inspector
or Lead Assessor shall collect the soil samples from the top half inch (0.5")
of soil using a clean spade, auger, centrifuge tube, or by hand while wearing a
new, clean pair of powderless disposable gloves.
1. A soil sample may be an individual
("grab") sample or a composite sample.
2. A composite sample must incorporate equal
amounts of subsamples which are representative of the sampling area.
5.7.5 Water
A. General Requirements
1. A Lead Inspector or Lead Assessor shall:
a. Ensure that no water has been used for at
least six (6) hours for a first-draw sample; or
b. The exact flushing time must be recorded
in the inspection report for a flushed sample; and
c. Indicate in the inspection report whether
flushing is required to meet the lead-safe standard in § 5.8.5 of this
Part.
B.
Residential Water Sampling
1. A Lead
Inspector or Lead Assessor shall:
a. Sample
the tap which is most frequently used if there are multiple taps in the
inspection area; and
b. Sample the
water directly from the tap if a faucet- mounted water filter is
present.
C.
Non-Residential Water Sampling
Water sampling in schools should be conducted in accordance with the EPA 3Ts for Reducing Lead in Drinking Water in Schools or the most current EPA non-residential water sampling protocol.
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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