Ga. Comp. R. & Regs. R. 391-3-24-.06 - Standards for Conducting Lead-Based Paint Activities
(1) Scope.
(a) When performing any lead-based paint
activities, a certified person must perform that activity in compliance with
the requirements specified in this section.
(b) Persons performing lead-based paint
activities shall work for a certified lead firm.
(c) No person or firm shall engage in a
lead-based paint abatement project prior to notifying the Division and
receiving a notice to proceed from the Division.
(d) For each inspection, risk assessment, or
lead hazard screen conducted, the lead inspector or lead risk assessor shall
submit an inspection report or risk assessment report to the party for which
services are rendered, and the Division, if requested. The report shall be
submitted within thirty (30) days of the activity.
(2) Inspection.
(a) An inspection shall be conducted only by
a person certified by the Division as a lead inspector and/or a combined
inspector/risk assessor. The inspection must be conducted according to the
procedures in this section.
(b)
When conducting an inspection, the following locations shall be selected
according to documented methodologies and tested for the presence of lead-based
paint:
1. In a residential dwelling and
child-occupied facility, each interior component with a distinct painting
history and each exterior component with a distinct painting history shall be
tested for lead-based paint, except those components that the lead inspector or
lead risk assessor determines to have been replaced after 1978, or to not
contain lead-based paint; and
2. In
a multi-family dwelling or child-occupied facility, each component with a
distinct painting history in every common area, except those components that
the lead inspector or lead risk assessor determines to have been replaced after
1978, or to not contain lead-based paint.
(c) Paint shall be sampled in the following
manner:
1. The analysis of paint to determine
the presence of lead shall be conducted using documented methodologies, which
incorporate adequate quality control procedures; and/or
2. All collected paint chip samples shall be
analyzed according to paragraph (6) of this section to determine if they
contain detectable levels of lead that can be quantified numerically.
(d) The certified lead inspector
or lead risk assessor shall prepare an inspection report, which shall include
the following information:
1. Date of each
inspection.
2. Address of
building.
3. Date of
construction.
4. Apartment numbers
(if applicable).
5. Name, address,
and telephone number of the owner or owners of each residential dwelling or
child-occupied facility.
6. Name,
signature, and certification number of each certified inspector and/or risk
assessor conducting testing.
7.
Name, address, and telephone number of the certified lead firm employing each
inspector and/or risk assessor, if applicable.
8. Each testing method and device and/or
sampling procedure employed for paint analysis, including quality control data
and, if used, the serial number of any x-ray fluorescence (XRF)
device.
9. Specific locations of
each painted component tested for the presence of lead-based paint.
10. The results of the inspection expressed
in terms appropriate to the sampling method used.
(3) Lead Hazard Screen.
(a) A lead hazard screen shall be conducted
only by a person certified by the Division as lead risk assessor.
(b) If conducted, a lead hazard screen shall
be conducted as follows:
1. Background
information regarding the physical characteristics of the residential dwelling
or child-occupied facility and occupant use patterns that may cause lead-based
paint exposure to one or more children age six (6) years and under shall be
collected.
2. A visual inspection
of the residential dwelling or child-occupied facility shall be conducted to:
(i) Determine if any deteriorated paint is
present, and
(ii) Locate at least
two dust sampling locations.
3. If deteriorated paint is present, each
surface with deteriorated paint, which is determined, using documented
methodologies, to be in poor condition and to have a distinct painting history,
shall be tested for the presence of lead.
4. In residential dwellings, at least two
dust samples shall be collected, one from a floor and the other from a window,
in rooms, hallways or stairwells where one or more children, age six (6) and
under, are most likely to come in contact with dust.
5. In multi-family dwellings and
child-occupied facilities, in addition to the floor and window samples required
in paragraph (3)(b)4. of this section, the lead risk assessor shall collect
dust samples from common areas where one or more children, age six (6) and
under, are most likely to come into contact with dust.
(c) Dust samples shall be collected and
analyzed in the following manner:
1. All dust
samples shall be taken using documented methodologies that incorporate adequate
quality control procedures.
2. All
collected dust samples shall be analyzed according to paragraph (6) of this
section to determine if they contain detectable levels of lead that can be
quantified numerically.
(d) Paint shall be sampled in the following
manner:
1. The analysis of paint to determine
the presence of lead shall be conducted using documented methodologies which
incorporate adequate quality control procedures; and/or
2. All collected paint chip samples shall be
analyzed according to paragraph (6) of this section to determine if they
contain detectable levels of lead that can be quantified numerically.
(e) The lead risk assessor shall
prepare a lead hazard screen report, which shall include, but not be limited
to, the following information.
1. The
information required in a risk assessment report as specified in paragraph (4)
of this section, including any background information collected pursuant to
paragraph (b)1 of this section shall be included in the risk assessment report;
and
2. Recommendations, if
warranted, for a follow-up risk assessment and, as appropriate, any further
actions.
(4)
Risk Assessment.
(a) A risk assessment shall
be conducted only by a person certified by the Division as a lead risk assessor
and, if conducted, must be conducted according to the procedures in this
section:
(b) A visual inspection
for risk assessment of the residential dwelling or child-occupied facility
shall be undertaken to locate the existence of deteriorated paint, assess the
extent and causes of the deterioration, and other potential sources of
lead-based paint hazards.
(c)
Background information regarding the physical characteristics of the
residential dwelling or child-occupied facility and occupant use patterns that
may cause a lead-based paint exposure to one or more children age six (6) years
and under shall be collected.
(d)
The following surfaces, which are determined, using documented methodologies,
to have a distinct painting history, shall be tested for the presence of lead.
1. Each friction surface or impact surface
with visibly deteriorated paint; and
2. All other surfaces with visibly
deteriorated paint.
(e)
In residential dwellings, dust samples (single-surface samples) from the
interior window sill(s) and floor shall be collected in all living areas where
one or more children age six (6) and under are most likely to come into contact
with dust.
(f) For multi-family
dwellings and child-occupied facilities, the samples required in paragraph
(4)(d) of this section shall be taken. In addition, interior window sill and
floor dust samples (single-surface samples) shall be collected in the following
locations:
1. Common areas adjacent to the
sampled residential dwelling or child-occupied facility, and
2. Other common areas in the building where
the lead risk assessor determines that one or more children age six (6) years
and under, are likely to come into contact with dust.
(g) For child-occupied facilities, window and
floor dust samples (single-surface samples) shall be collected in each room,
hallway or stairwell utilized by one or more children, age six (6) and under,
and in other common areas in the child-occupied facility where the lead risk
assessor determines one or more children, age six (6) and under, are likely to
come into contact with dust.
(h)
Soil samples shall be collected and analyzed for lead concentrations in the
following locations:
1. Exterior play areas
where bare soil is present.
2.
Dripline/ foundation areas where bare soil is present.
3. The rest of the yard (i.e., non-play
areas) where bare soil is present.
(i) Any paint, dust or soil samples shall be
taken using documented methodologies that incorporate adequate quality control
procedures.
(j) Any collected paint
chip, dust, or soil samples shall be analyzed according to paragraph (6) of
this section to determine if they contain detectable levels of lead that can be
quantified numerically.
(k) The
lead risk assessor shall prepare a risk assessment report which shall include
the following information:
1. Date of
assessment.
2. Address of each
building.
3. Date of construction
of buildings.
4. Apartment number
(if applicable).
5. Name, address,
and telephone number of each owner of each building.
6. Name, signature, and certification of the
lead risk assessor conducting the assessment.
7. Name, address, and telephone number of the
lead firm employing each lead risk assessor.
8. Name, address, and telephone number of
each recognized laboratory conducting analysis of collected samples.
9. Results of the visual
inspection.
10. Testing method and
sampling procedure for paint analysis employed.
11. Specific locations of each painted
component tested for the presence of lead.
12. All data collected from on-site testing,
including quality control data and, if used, the serial number of any XRF
device.
13. All results of
laboratory analysis on collected paint, soil, and dust samples.
14. Any other sampling results.
15. Any background information collected
pursuant to paragraph (4)(c) of this section.
16. To the extent that they are used as part
of the lead-based paint hazard determination, the results of any previous
inspections or analyses for the presence of lead-based paint, or other
assessments of lead-based paint-related hazards.
17. A description of the location, type, and
severity of identified lead-based paint hazards and any other potential lead
hazards.
18. A description of
interim controls and/or abatement options for each identified lead-based paint
hazard and a suggested prioritization for addressing each hazard. If the use of
an encapsulant or enclosure is recommended, the report shall recommend a
maintenance and monitoring schedule for the encapsulant or enclosure.
(5) Abatement.
(a) An abatement shall be conducted only by a
person certified by the Division and shall be conducted in accordance with the
procedures and requirements specified in this section.
(b) A lead supervisor is required for each
abatement project and shall be on-site at all times when abatement is being
conducted. This would include preparation, cleanup, disposal and testing
activities associated with such measures.
(c) All abatement shall be conducted in
accordance with the requirements of this section.
(d) Notification for a lead-based paint
abatement project in a residential dwelling, child-occupied facility, or
multi-family dwelling shall be made on forms supplied by the Division and
submitted to the Division fifteen (15) calendar days prior to the start date of
the lead-based paint abatement project.
(e) Abatement shall not commence until the
Division has provided a notice to proceed in accordance with paragraph (11) of
this section.
(f) A written
occupant protection plan shall be developed for all abatement projects and
shall be prepared according to the following procedures:
1. The occupant protection plan shall be
unique to each residential dwelling, multi-family dwelling or child-occupied
facility and developed prior to the abatement. The occupant protection plan
shall describe the measures and management procedures that will be taken during
the abatement to protect the building occupants from exposure to any lead-based
paint hazards.
2. A certified lead
supervisor or certified lead project designer shall prepare the occupant
protection plan.
(g) The
work practices listed below shall be restricted during an abatement as follows:
1. Open-flame burning or torching of
lead-based paint is prohibited;
2.
Machine sanding or grinding or abrasive blasting or sandblasting of lead-based
paint is prohibited unless used with High Efficiency Particulate Air (HEPA)
exhaust control capable of removing particles of 0.3 microns or larger from air
at 99.97 percent or greater efficiency;
3. Operating a heat gun on lead-based paint
is permitted only at a temperature below 1100 degrees Fahrenheit; and
4. Dry scraping of lead-based paint is
permitted only in conjunction with heat guns or around electrical outlets or
when treating defective painting spots no more than two (2) square feet in any
one room, hallway or stairwell or totaling no more than twenty (20) square feet
on exterior surfaces.
(h)
If conducted, soil abatement shall be conducted in one of the following ways:
1. If soil is removed, the lead-contaminated
soil shall be replaced with soil with a lead concentration less than 400 parts
per million or background concentration of lead, whichever is lower;
or
2. If soil is not removed, the
lead-contaminated soil shall be permanently covered as defined in TSCA §
745.223.
3. If soil is removed, it
shall not be used as top soil at another site.
(i) The following post-abatement clearance
procedures shall be performed only by a lead inspector or lead risk assessor:
1. Following an abatement, a visual
inspection shall be performed to determine if deteriorated painted surfaces
and/or visible amounts of dust, debris or residue are still present. If
deteriorated painted surfaces or visible amounts of dust, debris or residue are
present, these conditions must be eliminated prior to the continuation of the
clearance procedures.
2. Following
the visual inspection and any post-abatement cleanup required by paragraph
(5)(i)1. of this section, clearance sampling for lead-contaminated dust shall
be conducted. Clearance sampling may be conducted by employing single-surface
sampling techniques.
3. Dust
samples for clearance purposes shall be taken using documented methodologies
that incorporate adequate quality control procedures. Dust samples for
clearance purposes shall be taken a minimum of one (1) hour after completion of
final post-abatement cleanup activities.
4. The following post-abatement clearance
activities shall be conducted based upon the extent or manner of abatement
activities conducted in or to the residential dwelling or child-occupied
facility:
(i) After conducting an interior
abatement with containment between abated and unabated areas, one (1) dust
sample shall be taken from one (1) interior window sill and from one (1) window
trough (if available) and one dust sample shall be taken from the floors of
each of no less than four (4) rooms, hallways or stairwells within the
containment area. In addition, one (1) dust sample shall be taken from the
floor outside the containment area. If there are less than four (4) rooms,
hallways or stairwells within the containment area, then all rooms, hallways or
stairwells shall be sampled.
(ii)
After conducting an interior abatement with no containment, two (2) dust
samples shall be taken from no less than four (4) rooms, hallways or stairwells
in the residential dwelling or child-occupied facility. One (1) dust sample
shall be taken from one (1) window (if available) and one (1) dust sample shall
be taken from one (1) interior window sill and window trough (if present) and
one (1) dust sample shall be taken from the floor of each room, hallway or
stairwell selected. If there are less than four (4) rooms, hallways or
stairwells within the residential dwelling or child-occupied facility, then all
rooms, hallways or stairwells shall be sampled.
(iii) Following an exterior paint abatement,
a visible inspection shall be conducted. All horizontal surfaces in the outdoor
living area closest to the abated surface shall be found to be cleaned of
visible dust and debris. In addition, a visual inspection shall be conducted to
determine the presence of paint chips on the dripline or next to the foundation
below any exterior surface abated. If paint chips are present, they must be
removed from the site and properly disposed of in accordance with applicable
standards set forth by the Division, and in compliance with all federal, state
and local requirements. Clearance wipe samples must be collected from the
exterior floors and concrete involved with the abatement project.
5. The rooms, hallways or
stairwells selected for sampling shall be selected according to documented
methodologies.
6. The lead
inspector or risk assessor shall compare the residual lead dust level (as
determined by the laboratory analysis) from each dust sample with applicable
clearance levels for lead in dust on floors, concrete, windowsills, and window
troughs as found in
391-3-24-.07. If the residual dust
levels in a dust sample exceed the clearance levels, all the components
represented by the failed sample shall be re-cleaned and retested until
clearance levels are met.
(j) In a multi-family dwelling with similarly
constructed and maintained residential dwellings, random sampling for the
purposes of clearance may be conducted provided:
1. The certified persons who abate or clean
the residential dwelling do not know which residential dwellings will be
selected for the random sample.
2.
A sufficient number of residential dwellings are selected for dust sampling to
provide a ninety-five percent (95%) level of confidence that no more than 5
percent (5%) or 50 of the residential dwellings (whichever is smaller) in the
randomly sampled population exceed the appropriate clearance levels.
3. The randomly selected residential
dwellings shall be sampled and evaluated for clearance according to the
procedures found in paragraph (5)(i) of this section.
(k) An abatement project completion
notification shall be prepared by a lead supervisor or lead project designer.
The notification shall be prepared on forms supplied by the Division and shall
include, but not be limited to, the following information:
1. Start and completion dates of
abatement.
2. The name and address
of each lead firm conducting the abatement and the name of each lead supervisor
assigned to the abatement project.
3. The name and title of the lead supervisor
or lead project designer who prepared the occupant protection plan pursuant to
paragraph (5)(f) of this section.
4. The name, address, signature, and lead
firm of each lead risk assessor or lead inspector conducting clearance sampling
and the date of clearance testing.
5. The results of clearance testing and all
soil analyses (if applicable) and the name of each recognized laboratory that
conducted the analyses.
6. A
detailed written description of the abatement, including abatement methods
used, locations of rooms and/or components where abatement occurred, reason for
selecting particular abatement methods for each component, and any monitoring
of encapsulants or enclosures.
(l) Abatement project completion
notifications shall be submitted to the Division no later than thirty (30)
working days after the completion date of lead-based paint abatement
project.
(6) Collection
and Laboratory Analysis of Samples.
(a) Any
paint chip, dust, or soil samples collected pursuant to the work practice
standards contained in this section shall be:
1. Collected by persons certified by the
Division as a lead inspector or lead risk assessor; and
2. Analyzed by a laboratory recognized by the
EPA pursuant to section 405(b) of TSCA as being capable of performing analyses
for lead compounds in paint chip, dust, and soil samples.
(7) A paint-lead hazard is
present:
(a) On any 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 window sill or floor) are
equal to or greater than the dust hazard levels identified in
391-3-24-.07;
(b) On any chewable lead-based paint surface
on which there is evidence of teeth marks;
(c) Where there is 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 door knob that knocks into a wall
or a door that knocks against its door frame); and
(d) If there is 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.
(8) A dust-lead hazard is present
in a residential dwelling or child-occupied facility:
(a) On floors and interior window sills when
the weighted arithmetic mean lead loading for all single surface of floors and
interior window sills are equal to or greater than 10 micrograms per square
foot (µg/ft2) for floors and equal to or greater than 100 micrograms per
square foot (µg/ft2) for interior window sills respectively;
(b) On floors or interior window sills in an
un-sampled residential dwelling in a multi-family dwelling, if a dust-lead
hazard is present on floors or interior window sills, respectively, in at least
one sampled residential unit on the property; and
(c) On floors or interior window sills in an
unsampled common area in a multi-family dwelling or child-occupied facility, if
a dust-lead hazard is present on floors or interior window sills, respectively,
in at least one sampled common area in the same common area group on the
property.
(9) A soil-lead
hazard is present:
(a) In a play area when the
soil-lead concentration from a composite play area sample of bare soil is equal
to or greater than 400 parts per million; or
(b) In the rest of the yard when the
arithmetic mean lead concentration from a composite sample (or arithmetic mean
of composite samples) of bare soil from the rest of the yard (i.e., non-play
areas) for each residential building on a property is equal to or greater than
1,200 parts per million.
(10) Project Fees.
(a) A lead firm or lead supervisor shall
submit to the Division a project fee for each lead-based paint abatement
project at least fifteen (15) calendar days prior to the start date of each
abatement project. Project fees shall be submitted electronically or in the
form of a check or money order and made payable to the Environmental Protection
Division - Lead Abatement Fees. Project fees shall be based upon the following
formula:
1. $50 per residential dwelling unit
or child-occupied facility plus 2% (.02) of the total value of lead-based paint
abatement work covered by the notification. Notifications submitted less than
fifteen (15) calendar days prior to the state date, and with Division approval
to commencement of lead-based paint abatement activities, are Emergency
Notifications and must include an additional $50 fee.
(11) Lead-Based Paint Abatement
Project Notification.
(a) No person shall
conduct abatement without a notice to proceed from the Division, except as
provided for in paragraph (c)(2) of this section. All abatement activities
shall be conducted by certified persons and certified lead firms.
(b) All notifications shall be made on forms
provided by the Division. The notification shall include, but not be limited
to, the following applicable information:
1.
Name, address, contact name, and phone number of the owner and operator of the
target housing or child-occupied facility;
2. Name, certification number, address,
contact name and phone number of the lead firm;
3. Name, certification number, address, firm,
and phone number of the lead inspector and lead risk assessor;
4. Name, certification number, address, firm,
and phone number of the lead project designer;
5. Location and street address, including
building number or name and floor or room number, city, county, and state of
the building where the abatement is taking place;
6. Scheduled start and completion dates of
active lead-based paint abatement work including preparation work and cleanup
work;
7. Work schedule, including
days of the week and hours to be worked;
8. Amount and locations of material to be
abated;
9. Method(s) of
abatement;
10. Waste transporter,
address, contact name, and phone number;
11. Waste disposal site, address, contact
name, and phone number;
12. For
ordered abatements, the name, title, and authority of the State or local
government representative who has ordered the abatement, the date that the
order was issued, and the date the abatement was ordered to begin;
13. For emergency abatements, a description
of the nature of the emergency and an explanation of how failure to correct the
situation would cause a lead-based paint hazard;
14. Total value of the lead-based paint
abatement work covered by the notification;
15. Total number of residential dwelling
units and/or child occupied facilities abated; and
16. The original signature and date of the
lead firm representative.
17. The
person who developed the Occupant Protection Plan for the project.
(c) Notifications for lead-based
paint abatement projects shall adhere to the following schedule:
1. Notifications for a lead-based paint
abatement project shall be postmarked or delivered to the Division at least
fifteen (15) calendar days prior to the scheduled start date;
2. The fifteen (15) calendar day notice may
be waived if the abatement project is deemed an emergency lead-based paint
abatement project by a lead risk assessor and approved by the Division prior to
commencement of lead-based paint abatement activities. A notification involving
an emergency lead-based paint abatement project shall be postmarked or hand
delivered to the Division by the workday following the request for the
emergency abatement project. Notifications for emergency abatement projects
shall be submitted along with a letter from the owner or the lead risk assessor
explaining the nature of the emergency.
(d) All notifications, both regular and
emergency, for lead-based paint abatement shall be accompanied by a project fee
in accordance with paragraph (10) of this section. Project fees shall be
submitted electronically or in the form of check or money order and made
payable to the Environmental Protection Division - Lead Abatement
Fees.
(e) Revisions to lead-based
paint abatement project notifications shall be made in writing on a form
provided by the Division and shall be submitted to the Division for the
following:
1. Revision to a start date for a
project that will begin after the start date stated in the previous
notification shall be received on or before the previously stated start date or
previously revised start date;
2.
Revision to a start date for a project that will begin before the start date
stated in the previous notification or subsequent revisions shall be received
at least fifteen (15) calendar days before the new start date;
3. Revision to a completion date that will be
extended beyond the completion date stated in the previous notification shall
be received by the original completion date or previously revised completion
date;
4. Revision to a completion
date that will be earlier than the completion date stated in the previous
notification or subsequent revision shall be received by the new completion
date; and
5. Revisions to
notifications other than start or completion dates shall be submitted to the
Division prior to initiating the activity which the revision
addresses.
(f) The
following shall be maintained on site during abatement activities and be
immediately made available for review by the Division:
1. A copy of the project notification, notice
to proceed and all revisions;
2.
The occupant protection plan;
3. A
copy of the applicable lead-based paint abatement design, risk assessment and
inspection reports; and
4.
Certifications issued by the Director for all certified persons and firms
performing lead-based paint activities.
(g) All abatement shall be conducted in
accordance with Rule
391-3-24-.06.
(h) All abatement shall be conducted under
the direct supervision of a certified lead supervisor who shall be on-site at
all times when abatement activities are being conducted.
(12) Recordkeeping.
(a) All reports or plans required in this
section shall be maintained by the certified lead firm or person who prepared
the report for no fewer than three (3) years. The certified lead firm or person
shall also provide copies of these reports to the building owner who contracted
for its services.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.