(1) Scope and
Applicability.
(a) This rule identifies
lead-based paint hazards.
(b) The
standards for lead-based paint hazards in this rule apply to target housing and
child-occupied facilities.
(c)
Nothing in this rule requires the owner of one or more properties subject to
these standards to evaluate the property or properties for the presence of
lead-based paint hazards or to take any action to control these conditions if
one or more hazards is identified.
(d) Identification of the lead hazards as
defined on and after the effective date of this rule shall be disclosed to the
property owner and occupants of the target housing and child-occupied
facility.
(2)
Definitions.
In addition to the definitions in Rule 0400-13-01-.01, the
following definitions apply to this rule, unless otherwise specified:
"Wipe sample" means a sample collected by wiping a
representative surface of known area, as determined by ASTM E1728, "Standard
Practice for Field Collection of Settled Dust Samples Using Wipe Sampling
Methods for Lead Determination by Atomic Spectrometry Techniques," or
equivalent method, with an acceptable wipe material as defined in ASTM E 1792,
"Standard Specification for Wipe Sampling Materials for Lead in Surface Dust,"
or equivalent method.
(3)
Lead-Based Paint Hazards.
(a) A paint-lead
hazard is any of the following:
1. Any
lead-based paint on a friction surface that is subject to abrasion and where
the lead dust levels on the nearest horizontal surface underneath the friction
surface (e.g., the windowsill or floor) are equal to or greater than the
dust-lead hazard levels identified in subparagraph (b) of this
paragraph.
2. Any damaged or
otherwise deteriorated lead-based paint on an impact surface that is caused by
impact from a related building component, such as a doorknob that knocks into a
wall or a door that knocks against its door frame.
3. Any chewable lead-based painted surface on
which there is evidence of teeth marks.
4. Any other deteriorated lead-based paint in
any residential building or child-occupied facility or on the exterior of any
residential building or child-occupied facility.
(b) A dust-lead hazard is surface dust in a
residential dwelling or child-occupied facility that contains a mass-per-area
concentration of lead equal to or exceeding 10
µg/ft2 on floors or 100
µg/ft2 on interior windowsills based on wipe
samples.
(c) A soil-lead hazard is
bare soil on residential real property or on the property of a child-occupied
facility that contains total lead equal to or exceeding 400 parts per million
(µg/g) in a play area or average of 1,200 parts per million of bare soil
in the rest of the yard based on soil samples.
(d) Applicable work practice standards and
certification, occupant protection, and clearance requirements are found in
Rule 0400-13-01-.01. The work practice standards in that rule do not apply when
treating paint-lead hazards of less than:
1.
Two square feet of deteriorated lead-based paint per room or
equivalent,
2. Twenty square feet
of deteriorated paint on the exterior building, or
3. Ten percent of the total surface area of
deteriorated paint on an interior or exterior type of component with a small
surface area.
