Procedures for Lead Risk Assessments in Regulated Facilities

Section 845.215  Procedures for Lead Risk Assessments in Regulated Facilities a)         A lead risk assessment shall be conducted only by a person licensed by the Department, as set forth in Section 845.125, as a lead risk assessor. A licensed lead risk assessor shall present, upon request, proof of licensure in the form of the Department-issued license. b)         Lead risk assessors conducting lead risk assessment activities shall avoid potential conflicts of interest by not being an employee of the client (other than as contracted for the services at hand) or of the lead abatement contractor for the lead abatement or lead mitigation project for which final clearance is being evaluated. c)         Lead risk assessors shall obtain or prepare a statement of services in accordance with the client's specifications. The statement shall include the scope of the lead risk assessment, including a summary statement indicating what service was requested by the owner and the extent of service provided.  The statement shall be descriptive and shall indicate whether the service was a comprehensive lead risk assessment.  If the service was not a comprehensive lead risk assessment, the extent and limitations of the service shall be clearly stated. d)         A visual assessment to locate the existence of deteriorated paint, to assess the extent and causes of the deterioration, and to evaluate other potential lead hazards shall be conducted prior to environmental sampling. 1)         A detailed property diagram shall be produced using a consistent labeling system. 2)         A written inventory shall be produced of each testing combination for all interior and exterior room equivalents. e)         The lead risk assessor shall collect background information regarding the physical characteristics of the property, including any previous lead inspection or risk assessment reports, maintenance history and use patterns that may cause exposure to a lead hazard. f)         When conducting a lead risk assessment, a lead risk assessor shall select locations according to the USEPA Residential Sampling for Lead: Protocols for Dust and Soil Sampling and HUD Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing.  The selected locations shall be tested for the presence of a lead-bearing substance, in accordance with Section 845.200.  The following surfaces that are determined to be a distinct testing combination shall be tested for the presence of lead: 1)         Each friction surface; 2)         Each impact surface with visibly deteriorated paint; and 3)         All other surfaces with visibly deteriorated paint. g)         When conducting a lead risk assessment, a lead risk assessor shall select locations according to USEPA Residential Sampling for Lead: Protocols for Dust and Soil Sampling and HUD Guidelines methodologies, and test for the presence of lead hazards in dust in accordance with Section 845.200.  The following representative locations shall be tested for lead dust based on visual assessment of painting history and component type: 1)         Two single-surface dust samples shall be collected, one from the floor and one from the window in each area where occupants are likely to come into contact with dust; 2)         Additionally, interior window stool and floor dust samples (single-surface samples only) shall be collected and analyzed for lead concentration in common areas where the occupants are likely to come into contact with lead. h)         Soil samples shall be taken based on the visual assessment and the existence of bare soil.  If collected, soil samples shall be collected in accordance with USEPA Residential Sampling for Lead: Protocols for Dust and Soil Sampling and HUD Guidelines methodologies. i)          The lead risk assessment shall be documented in a written report that shall include the following: 1)         The name and complete address of the regulated facility; 2)         The name, complete address, and telephone number of the property owner; 3)         The name, written signature, and a copy of each individual's Department-issued lead risk assessor license; 4)         The name, complete address, and telephone number of the licensed lead abatement contractor employing the services of each lead risk assessor; 5)         The date of the field work and the date of the report; 6)         A summary statement indicating what service was performed as specified in subsection (c); 7)         A list of the location and type of lead hazards and lead-bearing substances identified.  The lead hazards and lead-bearing substances shall be cross-referenced with a basic floor plan drawing of the regulated facility assessed.  Each lead hazard identified shall be accompanied by written hazard control options available to the owner to address each lead hazard.  The lead hazard listing shall be arranged based on priority; 8)         If the service was conducted for a regulated facility with multiple dwelling units, recommendations for maintenance of lead-bearing substances and lead hazards that may be employed universally for all units in the complex shall be provided to the property owner; 9)         A copy of all XRF sampling reports and laboratory analyses; 10)         Each testing method, device and XRF serial number (if applicable), and sampling procedures employed for paint analysis, including quality control data; and 11)         A statement that the presence of lead-bearing substances shall be disclosed to potential buyers and renters prior to obligation under a sales contract or lease in accordance with Section 845.25 and federal Lead Safe Housing Rule (24 CFR 35) and Lead-Based Paint Poisoning Prevention in Certain Residential Structures (40 CFR 745). j)          The written report required by this Section shall be provided to the owner, who shall make the report available to any occupant, tenant or parent (in the case of a child care facility).  A copy of the report shall be maintained by the licensed professional who performed the service in accordance with Section 845.230.