16 Del. Admin. Code § 4459B-5.0 - Recordkeeping and Reporting Requirements

5.1 Firms performing renovations must retain and, if requested, make available to the Secretary or the Secretary's designee all records necessary to demonstrate compliance with these regulations for a period of three (3) years following completion of the renovation. This three-year retention requirement does not supersede longer obligations required by other provisions for retaining the same documentation, including any applicable Federal, State, or Tribal laws or regulations.

5.2 Records that must be retained pursuant to subsecction 5.1 shall include, where applicable:

5.2.1 Records or reports certifying that a determination had been made that lead-based paint was not present on the components affected by the renovation, as described in subsection 1.5.1. These records or reports include:

5.2.1.1 Reports prepared by a certified Inspector or certified Risk Assessor as defined in 16 DE Admin. Code 4459.

5.2.1.2 Records prepared by a certified renovator after using EPA-recognized test kits, including an identification of the manufacturer and model of any test kits used, a description of the components that were tested including their locations, and the result of each test kit used.

5.2.1.3 Records prepared by a certified renovator after collecting paint chip samples, including a description of the components that were tested and their locations, the name and address of the NLLAP-recognized entity performing the analysis, and the results for each sample.

5.2.2 Signed and dated acknowledgments of receipt as described in subsections 3.2.1.1, 3.2.2.1, 3.3.1.1, 3.4.1.1, and 3.4.2.1.

5.2.3 Certifications of attempted delivery as described in subsections 3.2.2.1 and 3.4.2.1.

5.2.4 Certificates of mailing as described in subsections 3.2.1.1, 3.3.1.2, 3.4.1.2, and 3.4.2.2.

5.2.5 Records of notification activities performed regarding common area renovations, as described in subsections 3.3.3 and 3.3.4 and renovations in child-occupied facilities, as described in subsection 3.4.3.

5.2.6 Documentation of compliance with the requirements of Section 4.0, including documentation that a certified renovator was assigned to the project, that the certified renovator provided on-the-job training for workers used on the project, that the certified renovator performed or directed workers who performed all of the tasks described in subsection 4.1, and that the certified renovator performed the post-renovation cleaning verification described in subsection 4.2. If the renovation firm was unable to comply with all of the requirements of this rule due to an emergency as defined in subsection 1.5, the firm must document the nature of the emergency and the provisions of the rule that were not followed. This documentation must include a copy of the certified renovator's training certificate, and a certification by the certified renovator assigned to the project that:

5.2.6.1 Training was provided to workers (topics must be identified for each worker).

5.2.6.2 Warning signs were posted at the entrances to the work area.

5.2.6.3 If test kits were used, the specified brand of kits was used at the specified locations and that the results were as specified.

5.2.6.4 If paint chip samples were collected, the samples were collected at the specified locations, the specified NLLAP-recognized laboratory analyzed the samples, and the results were as specified.

5.2.6.5 The work area was contained by:

5.2.6.5.1 Removing or covering all objects in the work area (interiors).

5.2.6.5.2 Closing and covering all HVAC ducts in the work area (interiors).

5.2.6.5.3 Closing all windows in the work area (interiors) or closing all windows in and within 20 feet of the work area (exteriors).

5.2.6.5.4 Closing and sealing all doors in the work area (interiors) or closing and sealing all doors in and within 20 feet of the work area (exteriors).

5.2.6.5.5 Covering doors in the work area that were being used to allow passage but prevent spread of dust.

5.2.6.5.6 Covering the floor surface, including installed carpet, with taped-down plastic sheeting or other impermeable material in the work area six (6) feet beyond the perimeter of surfaces undergoing renovation or a sufficient distance to contain the dust, whichever is greater (interiors); or covering the ground with plastic sheeting or other disposable impermeable material anchored to the building extending 10 feet beyond the perimeter of surfaces undergoing renovation or a sufficient distance to collect falling paint debris, whichever is greater, unless the property line prevents 10 feet of such ground covering, weighted down by heavy objects (exteriors).

5.2.6.5.7 Installing (if necessary) vertical containment to prevent migration of dust and debris to adjacent property (exteriors).

5.2.6.6 Waste was contained on-site and while being transported off-site.

5.2.6.7 The work area was properly cleaned after the renovation by:

5.2.6.7.1 Picking up all chips and debris, misting protective sheeting, folding it dirty side inward, and taping it for removal.

5.2.6.7.2 Cleaning the work area surfaces and objects using a HEPA vacuum or wet cloths or mops (interiors).

5.2.6.8 The certified renovator performed the post-renovation cleaning verification (the results of which must be briefly described, including the number of wet and dry cloths used).

5.3 Compliance Information.

5.3.1 When the final invoice for the renovation is delivered or within 30 days of the completion of the renovation, whichever is earlier, the renovation firm must provide information pertaining to compliance with these regulations to the following persons:

5.3.1.1 The owner of the building; and, if different,

5.3.1.2 An adult occupant of the residential dwelling, if the renovation took place within a residential dwelling, or an adult representative of the child-occupied facility, if the renovation took place within a child-occupied facility.

5.3.2 When performing renovations in common areas of multi-unit target housing, renovation firms must post the information required by these regulations or instructions on how interested occupants can obtain a copy of this information. This information must be posted in areas where it is likely to be seen by the occupants of all of the affected units.

5.3.3 The information required to be provided by subsection 5.3 may be provided by completing the sample form titled "Sample Renovation Recordkeeping Checklist" or a similar form containing the test kit information required by subsection 5.2.1.2 and the training and work practice compliance information required by subsection 5.2.6.

5.4 Dust clearance sampling.

5.4.1 If dust clearance sampling is performed in lieu of cleaning verification as permitted by . subsection 4.3 the renovation firm must provide, when the final invoice for the renovation is delivered or within 30 days of the completion of the renovation, whichever is earlier, a copy of the dust sampling report to:

5.4.1.1 The owner of the building; and, if different,

5.4.1.2 An adult occupant of the residential dwelling, if the renovation took place within a residential dwelling, or an adult representative of the child-occupied facility, if the renovation took place within a child-occupied facility.

5.4.2 When performing renovations in common areas of multi-unit target housing, renovation firms must post these dust sampling reports or information on how interested occupants of the housing being renovated can obtain a copy of the report. This information must be posted in areas where they are likely to be seen by the occupants of all of the affected units.

Notes

16 Del. Admin. Code § 4459B-5.0

26 DE Reg. 699( 2/1/2023) (final)