Cal. Code Regs. Tit. 17, § 36000 - Requirements for Lead Hazard Evaluation for Public and Residential Buildings

(a) Lead hazard evaluation for public and residential buildings shall:

(1) Be conducted only by a certified lead inspector/assessor or as specified in Subsections (c)(3)(A) or (d). The certified lead inspector/assessor, certified lead project monitor, and certified lead sampling technician conducting lead hazard evaluation shall not conduct abatement on the same structure.

(2) Be conducted in a manner in which paint, dust, and soil is tested in accordance with the procedures described in Chapter 5: Risk Assessment, section II (A)(B)(C)(D), "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing," U.S. Department of Housing and Urban Development, June 1995 and Chapter 7: Lead-Based Paint Inspection, "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing," U.S. Department of Housing and Urban Development, 1997 Revision, and which provides quantitative results.

(3) Be conducted in a manner in which paint, dust, and soil samples taken for laboratory analysis are analyzed by a laboratory that is recognized by the U.S. Environmental Protection Agency pursuant to United States Code, Title 15, Section 2685(b).

(4) Be documented in a lead hazard evaluation report which shall include a completed California Department of Public Health (CDPH) Form 8552 (6/07) and the following attachments:

(A) A foundation diagram, site map, or sketch of the structure, indicating the specific locations of each lead hazard or presence of lead-based paint, and results of the visual inspection, if applicable;

(B) A summary of each testing method, device, and sampling procedure used;

(C) A description of testing and sampling locations; and

(D) The results of laboratory analysis on collected samples, if applicable, including the name, address, and telephone number of each laboratory.

(b) The certified lead inspector/assessor conducting the lead hazard evaluation for a public or residential building shall retain the original completed copy of CDPH Form 8552 (6/07) and attachments for a minimum of three years and distribute copies as follows;

(1) A copy of the completed CDPH Form 8552 (6/07) and attachments to the person who ordered the lead hazard evaluation;

(2) A copy of the completed CDPH Form 8552 (6/07) to the Department within thirty days of completion; and

(3) A copy of the attachments to the Department upon request.

(c) In addition to the requirements specified in subsections (a) and (b):

(1) A lead inspection shall be conducted in accordance with procedures described in Chapter 7: Lead-Based Paint Inspection, "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing," U.S. Department of Housing and Urban Development, 1997 Revision.

(2) A risk assessment shall be conducted in accordance with procedures described in Chapter 5: Risk Assessment, section II(A), (B), (C), and (D), "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing," U.S. Department of Housing and Urban Development, June 1995 and shall include a written description of abatement options for each identified lead hazard, a suggested prioritization for addressing each lead hazard, and recommendations for a maintenance and monitoring schedule.

(3) A clearance inspection shall be conducted:

(A) By a certified lead inspector/assessor or a certified lead project monitor.

(B) In accordance with procedures such as described in Chapter 15: Clearance, sections II-VI, "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing," U.S. Department of Housing and Urban Development, June 1995.

(d) A sampling technician shall only conduct visual inspections and sample or test soil, dust, and paint provided an inspector/assessor identifies the specific locations where soil, dust, and paint is sampled or tested, interprets the results, and complies with the record keeping and reporting requirements in section 36000(b). A sampling technician is prohibited from conducting visual inspections, or sampling or testing paint, dust, and soil, if those activities are:

(1) conducted as an "appropriate case management" activity, as defined in Health and Safety Code section 105280(a); or

(2) conducted in a structure that is inhabited by an individual with a blood lead level equal to or greater than 10 micrograms per deciliter.

(e) Individuals operating an X-ray Fluorescence (XRF) analyzer to conduct lead hazard evaluation shall comply with regulatory requirements specified in Title 17, California Code of Regulations, division 1, chapter 5, subchapter 4, such as obtaining a license and completing an additional eight hours of training.

Notes

Cal. Code Regs. Tit. 17, § 36000

1. New article 16 (sections 36000-36100) and section filed 3-30-98 as an emergency; operative 3-30-98 (Register 98, No. 14). A Certificate of Compliance must be transmitted to OAL by 7-28-98 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of HISTORY 1 (Register 98, No. 30).
3. New article 16 (sections 36000-36100) and section refiled 7-20-98 as an emergency; operative 7-29-98 pursuant to Government Code section 11346.1(d) (Register 98, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-27-98 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-20-98 order, including amendment of section heading and section, transmitted to OAL 11-23-98 and filed 1-8-99 (Register 99, No. 2).
5. Amendment of subsections (a)(1), (a)(4) and (b)-(b)(2), new subsections (d)-(e) and amendment of NOTE filed 4-30-2008; operative 5-30-2008 (Register 2008, No. 18).

Note: Authority cited: Sections 105250(a), 105250(b), 124160(b), 124165 and 131200, Health and Safety Code. Reference: Sections 100170, 105250(a), 105250(b), 124160(b), 124165 and 131051, Health and Safety Code; Sections 17200, 17203 and 17205, Business and Professions Code; and Sections 11180 and 11181, Government Code.

1. New article 16 (sections 36000-36100) and section filed 3-30-98 as an emergency; operative 3-30-98 (Register 98, No. 14). A Certificate of Compliance must be transmitted to OAL by 7-28-98 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of History1 (Register 98, No. 30).
3. New article 16 (sections 36000-36100) and section refiled 7-20-98 as an emergency; operative 7-29-98 pursuant to Government Code section 11346.1(d) (Register 98, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-27-98 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-20-98 order, including amendment of section heading and section, transmitted to OAL 11-23-98 and filed 1-8-99 (Register 99, No. 2).
5. Amendment of subsections (a)(1), (a)(4) and (b)-(b)(2), new subsections (d)-(e) and amendment of Note filed 4-30-2008; operative 5-30-2008 (Register 2008, No. 18).