Work Practice Standards for a Lead Inspection

PURPOSE: This rule delineates the standards to be followed by licensed lead inspectors and licensed risk assessors to conduct lead inspections in target housing and child-occupied facilities in accordance with standards set forth in sections 701.300 through 701.338, RSMo, and 19 CSR 30-70.600 through 19 CSR 30-70.630. (1) Licensure. All persons conducting lead inspections shall be licensed by the Office of Lead Licensing and Accreditation (OLLA) as set forth in sections 701.300 through 701.338, RSMo, and 19 CSR 30-70.110 through 19 CSR 30-70.200 as a lead inspector or risk assessor. Licensed lead inspectors and risk assessors shall present, upon request, proof of licensure in the form of the photo identification badge issued by OLLA. (2) Conflict of Interest. OLLA recommends that licensed lead inspectors and risk assessors conducting lead inspection activities should avoid potential conflicts of interest by not being contracted, subcontracted or employed by a lead abatement contractor performing lead abatement activities on the same lead abatement project. (3) Documented Methodologies for Conducting Lead Inspections. (A) Licensed lead inspectors and risk assessors shall use the following documented methodologies as referenced in this regulation for conducting lead inspections: 1. The U.S. Department of Housing and Urban Development publication entitled, “Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing” (HUD Guidelines); and 2. The U.S. Environmental Protection Agency publications entitled “EPA LeadBased Paint Inspector Model Curriculum”; “Guidance on Residential Lead-Based Paint, Lead-Contaminated Dust and Lead-Contaminated Soil”; and “Residential Sampling for Lead: Protocols for Dust and Soil Sampling.” (B) Where a conflict exists between any of the aforementioned methodologies and any federal or state statute or regulation, or any city or county ordinance, the most stringent of these shall be adhered to by the licensed lead inspector or risk assessor. (4) Sample Forms and Questionnaires. Sample forms and questionnaires may be found within the documented methodologies listed in section (3) of this regulation. These sample forms and questionnaires may be used as a guide by licensed lead inspectors or risk assessors. (5) Any paint chip, dust, or soil samples collected pursuant to these work practice standards shall be— (A) Collected by persons licensed by OLLA as a lead inspector or risk assessor; and (B) Analyzed by a laboratory recognized by EPA pursuant to section 405(b) of TSCA as being capable of performing analyses for lead compounds in paint chip, dust, and soil samples. (6) Lead Inspection. (A) When conducting a lead inspection, the following locations shall be selected according to the documented methodologies referenced in section (3) of this regulation and tested for the presence of lead-bearing substances: 1. In dwellings and child-occupied facilities, surface-by-surface sampling by paint chip collection and/or X-ray fluorescence (XRF) analysis shall be conducted on components with distinct painting histories, including those components that are stained, shellacked, varnished or covered with wallpaper; and 2. For multi-family dwellings and childoccupied facilities, the samples required in paragraph (6)(A)1. of this regulation shall be taken. In addition, surface-by-surface sampling by paint chip collection and/or XRF analysis shall be conducted in common areas on components with distinct painting histories, including those components that are stained, shellacked, varnished or covered with wallpaper. (B) Paint and other surface coatings shall be sampled according to the documented methodologies referenced in section (3) of this regulation. (7) Lead Inspection Report. The inspection report shall be prepared by the OLLAlicensed lead inspector or risk assessor that performed the lead inspection and shall include the following: (A) Date of inspection; (B) Address of dwelling or child-occupied facility; (C) Date dwelling or child-occupied facility was constructed; (D) Apartment numbers (if applicable); (E) Name, address and telephone number of the owner or owners of each residential dwelling or child-occupied facility; (F) Name, signature and license number of each licensed inspector and/or risk assessor conducting lead inspection; (G) Name, address and telephone number of the firm employing each inspector and/or risk assessor; (H) XRF results including the following (if applicable): 1. XRF manufacturer and model; 2. Serial number of XRF device used during the inspection; 3. Calibration verification from the beginning and end of each dwelling unit; 4. A copy of the XRF device user’s certificate of training provided by the equipment manufacturer; 5. License or registration number of the instrument; 6. A summary that categorizes the XRF results into one (1) of three (3) categories: positive, negative or inconclusive; and 7. Recommendations for addressing inconclusive XRF results; (I) A summary of laboratory results categorized as positive or negative and the name of each accredited laboratory that conducted the analysis (if applicable); (J) Floor plans or sketches of the units inspected showing approximate test locations and any identifying number systems; (K) A summary of the substrates tested including identification of component, component integrity, paint condition and color, and test identification numbers associated with the results; and (L) The results of the inspection expressed in terms appropriate to the sampling method used. (8) Time Frame for Submission of Reports. The inspection report shall be provided to the owner of the property within twenty (20) business days of lead inspection completion. (9) Report Records Retention. All lead inspection reports shall be maintained by the licensed lead inspector or risk assessor who prepared the report for no fewer than three (3) years. The licensed lead inspector or risk assessor shall make copies of lead inspection reports available to OLLA upon request. AUTHORITY: sections 701.301, 701.312 and 701.316, RSMo Supp. 1998.* Emergency rule filed Aug. 19, 1999, effective Aug. 30, 1999, expired Feb. 25, 2000. Original rule filed Aug. 19, 1999, effective Feb. 29, 2000. *Original authority: 701.301, RSMo 1998; 701.312, RSMo 1993, amended 1998; and 701.314, RSMo 1993, amended 1998.