All lead-based paint activities shall be performed according to
the work practice standards herein. A certified individual shall perform that
activity in compliance with the standards herein.
(1) A certified lead inspector/risk assessor
or a certified elevated blood lead (EBL) inspector/risk assessor will conduct a
lead-free
inspection according to the following standards. A lead-free
inspection will be conducted only by a certified lead inspector/risk assessor
or a certified elevated blood lead (EBL) inspector/risk assessor.
a. When conducting a lead-free
inspection in
a residential dwelling, the certified lead inspector/risk assessor or elevated
blood lead (EBL) inspector/risk assessor will use the following procedures:
(1) The certified lead inspector/risk
assessor or elevated blood lead (EBL) inspector/risk assessor will test paint
in each room, including each exterior side.
(2) Except for components known to have been
replaced after December 31, 1977, the certified lead inspector/risk assessor or
elevated blood lead (EBL) inspector/risk assessor will
test each testing
combination in each room. On windows, the window frame, interior windowsill,
window sash, and window trough will each be considered a separate testing
combination. Except for walls, one sample will be taken for each testing
combination in a room. Each wall in a room will be tested. The certified lead
inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor
will require one of the following two types of evidence to determine that
components were replaced after 1977:
1.
Detailed specifications showing which components were to be replaced, restored,
enclosed, or encapsulated and evidence that the work was actually completed
such as receipts for building materials, city building records showing a date
of remodeling, or a final inspection by the city or another inspector showing
that the work was actually completed.
2. A certification under penalty of perjury
per Iowa Code section
622.1 from the contractor who
did the work or from the
person(s) who owned the property at the time outlining
all of the components that were removed and replaced.
If one of these two types of evidence is not available, the
certified lead inspector/risk assessor or elevated blood lead (EBL)
inspector/risk assessor will test the component.
(3) The certified lead inspector/risk
assessor or elevated blood lead (EBL) inspector/risk assessor will note any
components where lead-based paint has been enclosed or encapsulated. The
certified lead inspector/risk assessor or elevated blood lead (EBL)
inspector/risk assessor will not make a determination that the residential
dwelling is lead-free where components that are painted with lead-based paint
have been enclosed or encapsulated.
(4) Paint will be tested using adequate
quality control by X-ray fluorescence (XRF) or by laboratory analysis using a
recognized laboratory to determine the presence of lead-based paint on a
surface. If testing by laboratory analysis, the certified lead inspector/risk
assessor or elevated blood lead (EBL) inspector/risk assessor will collect
paint samples using the documented methodologies specified in guidance
documents issued by the department. If testing by X-ray fluorescence, the
certified lead inspector/risk assessor or elevated blood lead (EBL)
inspector/risk assessor will use the following methodologies:
1. The certified lead inspector/risk assessor
or elevated blood lead (EBL) inspector/risk assessor will use an X-ray
fluorescence analyzer that has a performance characteristics sheet and will use
the X-ray fluorescence analyzer according to the performance characteristics
sheet.
2. The certified lead
inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor
will use standards provided by the manufacturer and the NIST 1.02 standard film
for calibration of the X-ray fluorescence analyzer.
3. The certified lead inspector/risk assessor
or elevated blood lead (EBL) inspector/risk assessor will take calibration
readings consisting of an average of three readings at the beginning of the
inspection, every four hours, and at the end of the inspection.
4. Prior to taking the final set of
calibration readings and if recommended by the performance characteristics
sheet, the certified lead inspector/risk assessor or elevated blood lead (EBL)
inspector/risk assessor will conduct substrate correction for all XRF readings
less than 4.0 milligrams of lead per square centimeter. For each substrate that
requires substrate correction, the certified lead inspector/risk assessor or
elevated blood lead (EBL) inspector/risk assessor will completely remove all
paint from an area of two different testing combinations for that substrate. If
possible, the areas chosen for substrate correction should have initial XRF
readings of less than 2.5 milligrams of lead per square centimeter. For each
testing combination, the certified lead inspector/risk assessor or elevated
blood lead (EBL) inspector/risk assessor will remove paint from an area that is
at least as large as the XRF probe faceplate. On each of the two areas, the
certified lead inspector/risk assessor or elevated blood lead (EBL)
inspector/risk assessor will place the NIST 1.02 standard film over the surface
and take three XRF readings with the XRF used to conduct the inspection. The
certified lead inspector/risk assessor or elevated blood lead (EBL)
inspector/risk assessor will calculate the arithmetic mean for these six
readings and will subtract 1.02 from this arithmetic mean to obtain the
substrate correction value. The certified lead inspector/risk assessor or
elevated blood lead (EBL) inspector/risk assessor will then subtract the
substrate correction value from each XRF reading for the substrate requiring
substrate correction to obtain the corrected XRF reading.
5. The certified lead inspector/risk assessor
or elevated blood lead (EBL) inspector/risk assessor will classify each XRF
reading that did not require substrate correction and each corrected XRF
reading for XRF readings that required substrate correction as positive,
negative, or inconclusive, according to the performance characteristics sheet
for the XRF. The certified lead inspector/risk assessor or elevated blood lead
(EBL) inspector/risk assessor will not discard XRF readings unless instructed
to do so by the performance characteristics sheet or the operating instructions
from the manufacturer. If the certified lead inspector/risk assessor or
elevated blood lead (EBL) inspector/risk assessor believes that a reading
classified as positive is in error, the certified lead inspector/risk assessor
or elevated blood lead (EBL) inspector/risk assessor will collect a paint
sample for laboratory analysis. The certified lead inspector/risk assessor or
elevated blood lead (EBL) inspector/risk assessor will change the positive
classification to negative only if the results of the laboratory analysis
indicate that the surface is not painted with lead-based paint.
6. The certified lead inspector/risk assessor
or elevated blood lead (EBL) inspector/risk assessor will resolve inconclusive
readings as defined by the performance characteristics sheet for the XRF by
collecting paint samples for laboratory analysis. If instructed by the property
owner or the person requesting the report, the certified lead inspector/risk
assessor or elevated blood lead (EBL) inspector/risk assessor may assume that
inconclusive readings are positive, but will not assume that inconclusive
readings are negative.
7. As
described by the performance characteristics sheet, the certified lead
inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor
will conduct retesting of ten surfaces, calculate the retest tolerance limit,
and determine whether the inspection meets the retest tolerance limit. If the
retest tolerance limit is not met, then this procedure will be repeated with
ten additional surfaces. If the retest tolerance limit is not met with the 20
retested surfaces, then all results of the inspection will be considered
invalid.
(5) If each
testing combination in the residential dwelling is found to be free of
lead-based paint, then the residential dwelling is free of lead-based paint. If
any surface in the residential dwelling is found to be painted with lead-based
paint, then the residential dwelling is not free of lead-based paint.
(6) If lead-based paint is identified through
a lead-free inspection, the certified lead inspector/risk assessor or elevated
blood lead (EBL) inspector/risk assessor will conduct a visual inspection to
determine the presence of lead-based paint hazards and any other potential lead
hazards including bare soil in the dripline of a home where lead-based paint is
identified on exterior components or lead-based paint previously existed on
exterior components, but has been removed, enclosed, or encapsulated.
(7) A certified lead inspector/risk assessor
or a certified elevated blood lead (EBL) inspector/risk assessor will prepare a
written report for each residential dwelling or child-occupied
facility where a
lead-free
inspection is completed. No later than three weeks after the receipt
of laboratory results, the certified lead inspector/risk assessor or certified
elevated blood lead (EBL) inspector/risk assessor will send a copy of the
report to the property owner and to the
person requesting the lead-free
inspection, if different. A certified lead inspector/risk assessor or a
certified elevated blood lead (EBL) inspector/risk assessor will maintain a
copy of each written report for no less than three years. The report will
include, at least:
1. A statement that the
inspection was conducted to determine whether the residential dwelling is free
of lead-based paint;
2. Date of
inspection;
3. Address of
building;
4. Date of
construction;
5. Apartment numbers
(if applicable);
6. The name,
address, and telephone number of the owner or owners of each residential
dwelling or child-occupied facility;
7. Name, signature, and certification number
of each certified lead inspector/risk assessor or certified elevated blood lead
(EBL) inspector/risk assessor conducting the inspection;
8. Name and certification number of the
certified firm(s) conducting the inspection;
9. Name, address, and telephone number of
each laboratory conducting an analysis of collected samples;
10. Each testing method and sampling
procedure employed for paint analysis, including quality control data and, if
used, the manufacturer, serial number, software, and operating mode of any
X-ray fluorescence (XRF) device;
11. XRF readings taken for calibration and
calculations to demonstrate that the XRF is properly calibrated at each
required calibration;
12. Specific
locations by room of each painted component tested for the presence of
lead-based paint and the results for each component expressed in terms
appropriate to the sampling method used;
13. The results of retesting of ten surfaces,
calculations to determine the retest tolerance limit, and the determination of
whether the inspection meets the retest tolerance limit;
14. If the certified lead inspector/risk
assessor or certified elevated blood lead (EBL) inspector/risk assessor
determines that the residential dwelling is free of lead-based paint, the
report will contain the following statement:
"The results of this inspection indicate that no lead in
amounts greater than or equal to 1.0 mg/cm2 in paint
was found on any building components, using the inspection protocol in Chapter
7 of the Guidelines for the Evaluation and Control of Lead-Based Paint Hazards
in Housing ((2012), U.S. Department of Housing and Urban Development).
Therefore, this residential dwelling qualifies for the exemption in 24 CFR Part
35 and 40 CFR Part 745 for target housing being leased that is free of
lead-based paint, as defined in the rule. However, some painted surfaces may
contain levels of lead below 1.0 mg/cm2, which could
create lead dust or lead-contaminated soil hazards if the paint is turned into
dust by abrasion, scraping, or sanding. This report should be kept by the owner
and all future owners for the life of the residential dwelling. Per the
disclosure requirements of 24 CFR Part 35 and 40 CFR Part 745, prospective
buyers are entitled to all available inspection reports should the property be
resold.";
15. If any
lead-based paint is identified, a description of the location, type, and
severity of identified lead-based paint hazards, including the classification
of each tested surface as to whether it is a lead-based paint hazard, and any
other potential lead hazards, including bare soil in the dripline of a home
where leadbased paint is identified on exterior components or lead-based paint
previously existed on exterior components, but has been removed, enclosed, or
encapsulated;
16. A description of
interim controls and lead 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 will recommend a
maintenance and monitoring schedule for the encapsulant or enclosure;
17. Information regarding the owner's
obligations to disclose known lead-based paint and lead-based paint hazards
upon sale or lease of residential property as required by Subpart H of 24
CFR
Part
35 and Subpart I of 40
CFR Part
745 ;
18. Information regarding Iowa's
prerenovation notification requirements found in 641-Chapter 69; and
information regarding Iowa's regulations for renovation, remodeling and
repainting found in 641-Chapter 70; and
19. The report will contain the following
statement:
"The Iowa Department of Inspections, Appeals, and Licensing may
review this report for compliance purposes. It is a violation of law for anyone
other than the certified lead professional signing it to alter this report.
This report may be supplemented with additional information, so long as any
addendum is signed by a lead inspector/risk assessor or elevated blood lead
(EBL) inspector/risk assessor certified according to Iowa Administrative Code
641-70.3 (10A) and
70.5(10A)."
b. When conducting a lead-free
inspection in
multifamily housing, the certified lead inspector/risk assessor or elevated
blood lead (EBL) inspector/risk assessor will use the following procedures:
(1) A certified lead inspector/risk assessor
or elevated blood lead (EBL) inspector/risk assessor may randomly select
residential dwellings for testing when conducting a lead-free
inspection in
multifamily housing. If built before 1960 or if the date of construction is
unknown, the multifamily housing will contain at least 20 similarly constructed
and maintained residential dwellings in order to use random selection. If built
from 1960 to 1977, the multifamily housing will contain at least ten similarly
constructed and maintained residential dwellings in order to use random
selection. If the certified lead inspector/risk assessor or elevated blood lead
(EBL) inspector/risk assessor does not randomly select the residential
dwellings for testing or if there are not enough residential dwellings to
randomly select them for sampling, all residential dwellings will be tested. If
random selection is used, the certified lead inspector/risk assessor or
elevated blood lead (EBL) inspector/risk assessor conducting the lead-free
inspection will randomly select the residential dwellings to be tested. The
property owner, manager, or another interested party will not specify which
residential dwellings are to be tested. The certified lead inspector/risk
assessor or elevated blood lead (EBL) inspector/risk assessor will use Table 1
to determine the number of residential dwellings to randomly select for
testing.
Table 1
Minimum Number of Residential Dwellings to be Randomly Selected
in Multifamily Housing for Lead-Free Inspection, Risk Assessment, Lead Hazard
Screen, or Clearance Testing
|
Number of Similar Residential Dwellings,
Similar Common Areas, or Similar Exteriors in Multifamily
Housing
|
Lead-Free Inspection, Risk Assessment,
or Lead Hazard Screen
|
Clearance Testing
|
|
Number of Pre-1960 Residential Dwellings
or Residential Dwellings of Unknown Date of Construction to Randomly Select for
Testing
|
Number of 1960-1977 Residential
Dwellings to Randomly Select for Testing
|
Number of Residential Dwellings to
Randomly Select for Clearance Testing
|
|
1-9
|
All
|
All
|
All
|
|
10-13
|
All
|
10
|
All
|
|
14
|
All
|
11
|
All
|
|
15
|
All
|
12
|
All
|
|
16-17
|
All
|
13
|
All
|
|
18
|
All
|
14
|
All
|
|
19
|
All
|
15
|
All
|
|
20
|
All
|
16
|
All
|
|
21-26
|
20
|
16
|
20
|
|
27
|
21
|
17
|
21
|
|
28
|
22
|
18
|
22
|
|
29
|
23
|
18
|
23
|
|
30
|
23
|
19
|
23
|
|
31
|
24
|
19
|
24
|
|
32
|
25
|
19
|
25
|
|
33-34
|
26
|
19
|
26
|
|
35
|
27
|
19
|
27
|
|
36
|
28
|
19
|
28
|
|
37
|
29
|
19
|
29
|
|
38-39
|
30
|
20
|
30
|
|
40-48
|
31
|
21
|
31
|
|
49-50
|
31
|
22
|
31
|
|
51
|
32
|
22
|
32
|
|
52-53
|
33
|
22
|
33
|
|
54
|
34
|
22
|
34
|
|
55-56
|
35
|
22
|
35
|
|
57-58
|
36
|
22
|
36
|
|
59
|
37
|
23
|
37
|
|
60-69
|
38
|
23
|
38
|
|
70-73
|
38
|
24
|
38
|
|
74-75
|
39
|
24
|
39
|
|
76-77
|
40
|
24
|
40
|
|
78-79
|
41
|
24
|
41
|
|
80-88
|
42
|
24
|
42
|
|
89-95
|
42
|
25
|
42
|
|
96-97
|
43
|
25
|
43
|
|
98-99
|
44
|
25
|
44
|
|
100-109
|
45
|
25
|
45
|
|
110-117
|
45
|
26
|
45
|
|
118-119
|
46
|
26
|
46
|
|
120-138
|
47
|
26
|
47
|
|
139-157
|
48
|
26
|
48
|
|
158-159
|
49
|
26
|
49
|
|
160-177
|
49
|
27
|
49
|
|
178-197
|
50
|
27
|
50
|
|
198-218
|
51
|
27
|
51
|
|
219-258
|
52
|
27
|
52
|
|
259-279
|
53
|
27
|
53
|
|
280-299
|
53
|
28
|
53
|
|
300-379
|
54
|
28
|
54
|
|
380-499
|
55
|
28
|
55
|
|
500-776
|
56
|
28
|
56
|
|
777-939
|
57
|
28
|
57
|
|
940-1004
|
57
|
29
|
57
|
|
1005-1022
|
58
|
29
|
58
|
|
1023-1032
|
59
|
29
|
59
|
|
1033-1039
|
59
|
30
|
59
|
|
1040+
|
5.8%, rounded to the next highest whole
number
|
2.9%, rounded to the next highest whole
number
|
5.8%, rounded to the next highest whole
number
|
(2) A
certified lead inspector/risk assessor or elevated blood lead (EBL)
inspector/risk assessor may randomly select each type of common area in the
multifamily housing, including but not limited to hallways, exterior sides of a
building, and laundry rooms, for testing. Each type of common area will be
counted separately. If built before 1960, the multifamily housing will contain
at least 20 of a type of common area in order to use random selection. If built
from 1960 to 1977, the multifamily housing will contain at least ten of a type
of common area in order to use random selection. If the certified lead
inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor
does not randomly select the common areas for testing or if there are not
enough common areas to randomly select them for testing, all common areas will
be tested. The certified lead inspector/risk assessor or elevated blood lead
(EBL) inspector/risk assessor will use Table 1 to determine the number of each
type of common area to randomly select for testing.
(3) The certified lead inspector/risk
assessor or elevated blood lead (EBL) inspector/risk assessor will test paint
in each room of each residential dwelling selected for testing and in each
common area selected for testing.
(4) Except for components known to have been
replaced after December 31, 1977, the certified lead inspector/risk assessor or
elevated blood lead (EBL) inspector/risk assessor will
test each testing
combination in each room of a residential dwelling chosen for testing and in
each common area chosen for testing. On windows, the window frame, interior
windowsill, window sash, and window trough will each be considered a separate
testing combination. Each wall in a room or a common area will be tested. The
certified lead inspector/risk assessor or elevated blood lead (EBL)
inspector/risk assessor will require one of the following two types of evidence
to determine that components were replaced after 1977:
1. Detailed specifications showing which
components were to be replaced, restored, enclosed, or encapsulated and
evidence that the work was actually completed such as receipts for building
materials, city building records showing a date of remodeling, or evidence of a
final inspection by the city or another inspector showing that the work was
actually completed.
2. A
certification under penalty of perjury per Iowa Code section
622.1 from the contractor who
did the work or from the
person(s) who owned the property at the time outlining
all of the components that were removed and replaced.
If one of these two types of evidence is not available, the
certified lead inspector/risk assessor or elevated blood lead (EBL)
inspector/risk assessor will test the component.
(5) The certified lead inspector/risk
assessor or elevated blood lead (EBL) inspector/risk assessor will note any
components where lead-based paint has been enclosed or encapsulated. The
certified lead inspector/risk assessor or elevated blood lead (EBL)
inspector/risk assessor will not make a determination that a component or the
multifamily housing is lead-free where components that are painted with
leadbased paint have been enclosed or encapsulated.
(6) Paint will be tested using adequate
quality control by X-ray fluorescence or by laboratory analysis using a
recognized laboratory to determine the presence of lead-based paint on a
surface. If testing by laboratory analysis, the certified lead inspector/risk
assessor or elevated blood lead (EBL) inspector/risk assessor will collect
paint samples using the documented methodologies specified in guidance
documents issued by the department. If testing by X-ray fluorescence, the
certified lead inspector/risk assessor or elevated blood lead (EBL)
inspector/risk assessor will use the following methodologies:
1. The certified lead inspector/risk assessor
or elevated blood lead (EBL) inspector/risk assessor will use an X-ray
fluorescence analyzer that has a performance characteristics sheet and will use
the X-ray fluorescence analyzer according to the performance characteristics
sheet.
2. The certified lead
inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor
will not use an X-ray fluorescence analyzer using a software version or a mode
of operation that could result in inconclusive readings or that recommends
substrate correction.
3. The
certified lead inspector/risk assessor or elevated blood lead (EBL)
inspector/risk assessor will use standards provided by the manufacturer and the
NIST 1.02 standard film for calibration of the X-ray fluorescence
analyzer.
4. The certified lead
inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor
will take calibration readings consisting of an average of three readings at
the beginning of the inspection, every four hours, and at the end of the
inspection.
5. The certified lead
inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor
will classify each XRF reading as positive or negative according to the
performance characteristics sheet for the XRF. The certified lead
inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor
will not discard XRF readings unless instructed to do so by the performance
characteristics sheet or the operating instructions from the manufacturer. If
the certified lead inspector/risk assessor or elevated blood lead (EBL)
inspector/risk assessor believes that a reading classified as positive is in
error, the certified lead inspector/risk assessor or elevated blood lead (EBL)
inspector/risk assessor will collect a paint sample for laboratory analysis.
The certified lead inspector/risk assessor or elevated blood lead (EBL)
inspector/risk assessor will change the positive classification to negative
only if the results of the laboratory analysis indicate that the surface is not
painted with lead-based paint.
6.
The certified lead inspector/risk assessor or elevated blood lead (EBL)
inspector/risk assessor will count the number of XRF readings taken for each
component type. If fewer than 40 of any component type were tested, the
certified lead inspector/risk assessor or elevated blood lead (EBL)
inspector/risk assessor will randomly choose additional testing combinations
for the component type to reach a total of 40 XRF readings. If fewer than 40
testing combinations are available for testing, the certified lead
inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor
will test each testing combination.
(7) For each component type where at least 40
testing combinations have been tested, the certified lead inspector/risk
assessor or elevated blood lead (EBL) inspector/risk assessor will determine
the number and percentage of each component type that is classified as positive
or negative. The certified lead inspector/risk assessor or elevated blood lead
(EBL) inspector/risk assessor will classify each component type as follows:
1. Lead-based paint is not present on a
component type if all readings are classified as negative.
2. Lead-based paint is present on a component
type if at least 15 percent of the readings are classified as
positive.
3. Lead-based paint is
present on a component type if greater than or equal to 5 percent but less than
15 percent of the XRF readings are classified as positive, unless the certified
lead inspector/risk assessor or elevated blood lead (EBL) inspector/risk
assessor collects paint samples and obtains laboratory analyses for all
positive XRF readings. If the laboratory analyses show that lead-based paint is
not present on any components, then the component type is negative. If the
laboratory analyses show that lead-based paint is present on any component,
then the component type is positive.
4. Lead-based paint is present on a component
type if greater than 0 but less than 5 percent of the XRF readings are
classified as positive, unless the certified lead inspector/risk assessor or
elevated blood lead (EBL) inspector/risk assessor collects paint samples and
obtains laboratory analyses for all positive XRF readings or randomly selects a
second set of residential dwellings for testing. If the laboratory analyses
show that lead-based paint is not present on any components, then the component
type is negative. If the laboratory analyses show that lead-based paint is
present on any component, then the component type is positive. If a second set
of randomly selected residential dwellings is sampled and greater than 0 but
less than 2.5 percent of the combined set of results is positive, the component
type may be considered as not having lead-based paint development-wide but
rather, having lead-based paint in isolated locations, with a reasonable degree
of confidence. Individual components that are classified as positive should be
considered lead-based painted and managed or abated appropriately.
5. If a particular component type in the
sampled residential dwellings is classified as positive, that same component
type in the unsampled residential dwellings is also classified as
positive.
(8) If fewer
than 40 of a component type are available for testing, each testing combination
will be classified individually as positive or negative.
(9) If any component type or individual
component is classified as positive, then the certified lead inspector/risk
assessor or elevated blood lead (EBL) inspector/risk assessor will not state
that the multifamily housing is free of lead-based paint.
(10) As specified by the performance
characteristics sheet, the certified lead inspector/risk assessor or elevated
blood lead (EBL) inspector/risk assessor will conduct retesting of ten surfaces
selected from two residential dwellings, calculate the retest tolerance limit,
and determine whether the inspection meets the retest tolerance limit. If the
retest tolerance limit is not met, then this procedure will be repeated with
ten additional surfaces selected from the two residential dwellings. If the
retest tolerance limit is not met with the 20 retested surfaces, then all
results of the inspection will be considered invalid.
(11) If lead-based paint is identified on any
component or component type, the certified lead inspector/risk assessor or
elevated blood lead (EBL) inspector/risk assessor will conduct a visual
inspection to determine the presence of lead-based paint hazards and any other
potential lead hazards, including bare soil in the dripline of a home where
lead-based paint is identified on exterior components or lead-based paint
previously existed on exterior components, but has been removed, enclosed, or
encapsulated.
(12) A certified lead
inspector/risk assessor or a certified elevated blood lead (EBL) inspector/risk
assessor will prepare a written report for each residential dwelling or
child-occupied
facility inspected. No later than three weeks after the receipt
of laboratory results, the certified lead inspector/risk assessor or certified
elevated blood lead (EBL) inspector/risk assessor will send a copy of the
report to the property owner and to the
person requesting the
inspection, if
different. A certified lead inspector/risk assessor or a certified elevated
blood lead (EBL) inspector/risk assessor will maintain a copy of each written
report for no less than three years. The
inspection report will include, at
least:
1. Date of each inspection;
2. Address of each building in the
multifamily housing;
3. Date of
construction for each building in the multifamily housing;
4. A list of the apartments and common areas
in each building in the multifamily housing;
5. The name, address, and telephone number of
the owner or owners of each residential dwelling or child-occupied
facility;
6. A statement that the
inspection was conducted to determine that lead-based paint is not
present;
7. The name of the
Iowa-certified inspector/risk assessor or elevated blood lead (EBL)
inspector/risk assessor who randomly selected the residential dwellings and
common areas for testing;
8. The
number of residential dwellings and common areas that were selected for
testing, how these numbers were determined, and a list of the residential
dwellings and common areas that were selected for testing;
9. Name, signature, and certification number
of each certified lead inspector/risk assessor or certified elevated blood lead
(EBL) inspector/risk assessor conducting the inspection;
10. Name and certification number of the
certified firm(s) conducting the inspection;
11. Name, address, and telephone number of
each laboratory conducting an analysis of collected samples;
12. Each testing method and sampling
procedure employed for paint analysis, including quality control data and, if
used, the manufacturer, serial number, software, and operating mode of any XRF
analyzer;
13. XRF readings taken
for calibration and calculations to demonstrate that the XRF is properly
calibrated at each required calibration;
14. Specific locations by room of each
painted component tested for the presence of lead-based paint and by
residential dwelling or common area and the results for each component
expressed in terms appropriate to the sampling method used;
15. Component aggregations and the
determination of whether lead-based paint is present by component
type;
16. The results of retesting
of ten surfaces, calculations to determine the retest tolerance limit, and the
determination of whether the inspection meets the retest tolerance
limit;
17. If the certified lead
inspector/risk assessor or certified elevated blood lead (EBL) inspector/risk
assessor determines that the multifamily housing is free of lead-based paint,
the report will contain the following statement:
"The results of this inspection indicate that no lead in
amounts greater than or equal to 1.0 mg/cm2 in paint
was found on any building components, using the inspection protocol in Chapter
7 of the Guidelines for the Evaluation and Control of Lead-Based Paint Hazards
in Housing ((2012), U.S. Department of Housing and Urban Development).
Therefore, this multifamily housing qualifies for the exemption in 24 CFR Part
35 and 40 CFR Part 745 for target housing being leased that is free of
lead-based paint, as defined in the rule. However, some painted surfaces may
contain levels of lead below 1.0 mg/cm2, which could
create lead dust or lead-contaminated soil hazards if the paint is turned into
dust by abrasion, scraping, or sanding. This report should be kept by the owner
and all future owners for the life of the multifamily housing. Per the
disclosure requirements of 24 CFR Part 35 and 40 CFR Part 745, prospective
buyers are entitled to all available inspection reports should the property be
resold.";
18. If any
lead-based paint is identified, a description of the location, type, and
severity of identified lead-based paint hazards, including the classification
of each tested surface as to whether it is a lead-based paint hazard, and any
other potential lead hazards, including bare soil in the dripline of a home
where leadbased paint is identified on exterior components or lead-based paint
previously existed on exterior components, but has been removed, enclosed, or
encapsulated;
19. A description of
interim controls and lead 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 will recommend a
maintenance and monitoring schedule for the encapsulant or enclosure;
20. Information regarding the owner's
obligations to disclose known lead-based paint and lead-based paint hazards
upon sale or lease of residential property as required by Subpart H of 24
CFR
Part
35 and Subpart I of 40
CFR Part
745 ;
21. Information regarding Iowa's
prerenovation notification requirements found in 641-Chapter 69 and information
regarding Iowa's regulations for renovation found in 641-Chapter 70;
and
22. The report will contain the
statement set forth in 70.6(1)"a"(7)"19."
(2) A certified lead
inspector/risk assessor or a certified elevated blood lead (EBL) inspector/risk
assessor will conduct lead inspections according to the following standards.
Lead inspections will be conducted only by a certified lead inspector/risk
assessor or a certified elevated blood lead (EBL) inspector/risk assessor.
a. When conducting a lead
inspection in a
residential dwelling or child-occupied
facility, the certified lead
inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor
will use the following procedures:
(1) The
certified lead inspector/risk assessor or elevated blood lead (EBL)
inspector/risk assessor will test paint in each room, including each exterior
side.
(2) The certified lead
inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor
will test each testing combination in each room. On windows, the window frame,
interior windowsill, window sash, and window trough will each be considered a
separate testing combination. One sample will be taken for each testing
combination in a room, including the walls. If a testing combination is painted
and not tested, it will be assumed to be painted with lead-based
paint.
b. Paint will be
tested using adequate quality control by X-ray fluorescence or by laboratory
analysis using a recognized laboratory to determine the presence of lead-based
paint on a surface. If testing by laboratory analysis, the certified lead
inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor
will collect paint samples using the documented methodologies specified in
guidance documents issued by the department. If testing by X-ray fluorescence,
the certified lead inspector/risk assessor or elevated blood lead (EBL)
inspector/risk assessor will use the following methodologies:
(1) The certified lead inspector/risk
assessor or elevated blood lead (EBL) inspector/risk assessor will use an X-ray
fluorescence analyzer that has a performance characteristics sheet and will use
the X-ray fluorescence analyzer according to the performance characteristics
sheet.
(2) The certified lead
inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor
will use the NIST 1.02 standard film or standards provided by the manufacturer
for calibration of the X-ray fluorescence analyzer. The certified lead
inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor
will not state that any surface is free of lead-based paint unless the NIST
1.02 standard film is used for calibration.
(3) The certified lead inspector/risk
assessor or elevated blood lead (EBL) inspector/risk assessor will take
calibration readings consisting of an average of three readings at the
beginning of the inspection.
(4) If
recommended by the performance characteristics sheet, the certified lead
inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor
will conduct substrate correction for all XRF readings less than 4.0 milligrams
of lead per square centimeter. For each substrate that requires substrate
correction, the certified lead inspector/risk assessor or elevated blood lead
(EBL) inspector/risk assessor will completely remove all paint from an area of
two different testing combinations for that substrate. If possible, the areas
chosen for substrate correction should have initial XRF readings of less than
2.5 milligrams of lead per square centimeter. For each testing combination, the
certified lead inspector/risk assessor or elevated blood lead (EBL)
inspector/risk assessor will remove paint from an area that is at least as
large as the XRF probe faceplate. On each of the two areas, the certified lead
inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor
will place the NIST 1.02 standard film over the surface, and take three XRF
readings with the XRF used to conduct the inspection. The certified lead
inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor
will calculate the arithmetic mean for these six readings and will subtract
1.02 from this arithmetic mean to obtain the substrate correction value. The
certified lead inspector/risk assessor or elevated blood lead (EBL)
inspector/risk assessor will then subtract the substrate correction value from
each XRF reading for the substrate requiring substrate correction to obtain the
corrected XRF reading. If the certified lead inspector/risk assessor or
elevated blood lead (EBL) inspector/risk assessor does not conduct substrate
correction where recommended by the performance characteristics sheet, then the
certified lead inspector/risk assessor or elevated blood lead (EBL)
inspector/risk assessor will assume that all of the readings are positive and
will not state that a surface is free of leadbased paint.
(5) The certified lead inspector/risk
assessor or elevated blood lead (EBL) inspector/risk assessor will classify
each XRF reading that did not require substrate correction and each corrected
XRF reading for XRF readings that required substrate correction as positive,
negative, or inconclusive, according to the performance characteristics sheet
for the XRF. The certified lead inspector/risk assessor or elevated blood lead
(EBL) inspector/risk assessor will not discard XRF readings unless instructed
to do so by the performance characteristics sheet or the operating instructions
from the manufacturer. If the certified lead inspector/risk assessor or
elevated blood lead (EBL) inspector/risk assessor believes that a reading
classified as positive is in error, the certified lead inspector/risk assessor
or elevated blood lead (EBL) inspector/risk assessor will collect a paint
sample for laboratory analysis. The certified lead inspector/risk assessor or
elevated blood lead (EBL) inspector/risk assessor will change the positive
classification to negative only if the results of the laboratory analysis
indicate that the surface is not painted with lead-based paint. The certified
lead inspector/risk assessor or elevated blood lead (EBL) inspector/risk
assessor may assume that all inconclusive readings are positive and classify
them as such.
(6) The certified
lead inspector/risk assessor or elevated blood lead (EBL) inspector/risk
assessor will resolve inconclusive readings as defined by the performance
characteristics sheet for the XRF by collecting paint samples for laboratory
analysis. If the certified lead inspector/risk assessor or elevated blood lead
(EBL) inspector/risk assessor does not resolve inconclusive readings by
laboratory analysis, then the certified lead inspector/risk assessor or
elevated blood lead (EBL) inspector/risk assessor will assume that the
inconclusive readings are positive.
c. If lead-based paint is identified through
an inspection, the certified lead inspector/risk assessor or elevated blood
lead (EBL) inspector/risk assessor will conduct a visual inspection to
determine the presence of lead-based paint hazards and any other potential lead
hazards, including bare soil in the dripline of a home where lead-based paint
is identified on exterior components or lead-based paint previously existed on
exterior components, but has been removed, enclosed, or encapsulated.
d. A certified lead inspector/risk assessor
or a certified elevated blood lead (EBL) inspector/risk assessor will prepare a
written report for each residential dwelling or child-occupied
facility
inspected. No later than three weeks after the receipt of laboratory results,
the certified lead inspector/risk assessor or certified elevated blood lead
(EBL) inspector/risk assessor will send a copy of the report to the property
owner and to the
person requesting the
inspection, if different. A certified
lead inspector/risk assessor or a certified elevated blood lead (EBL)
inspector/risk assessor will maintain a copy of each written report for no less
than three years. The
inspection report will include, at least:
(1) A statement that the inspection was
conducted to identify lead-based paint and lead-based paint hazards in the
residential dwelling;
(2) Date of
each inspection;
(3) Address of
building;
(4) Date of
construction;
(5) Apartment numbers
(if applicable);
(6) The name,
address, and telephone number of the owner or owners of each residential
dwelling or child-occupied facility;
(7) Name, signature, and certification number
of each certified lead inspector/risk assessor or certified elevated blood lead
(EBL) inspector/risk assessor conducting the inspection;
(8) The name and certification number of the
certified firm(s) conducting the inspection;
(9) Name, address, and telephone number of
each laboratory conducting an analysis of collected samples;
(10) Each testing method and sampling
procedure employed for paint analysis, including quality control data and, if
used, the manufacturer, serial number, software, and operating mode of any XRF
analyzer;
(11) XRF readings taken
for calibration and calculations to demonstrate that the XRF is properly
calibrated;
(12) Specific locations
by room of each painted component tested for the presence of lead-based paint
and the results for each component expressed in terms appropriate to the
sampling method used;
(13) A
statement that all painted or finished components that were not tested will be
assumed to contain lead-based paint;
(14) A description of the location, type, and
severity of identified lead-based paint hazards, including the classification
of each tested surface as to whether it is a lead-based paint hazard, and any
other potential lead hazards, including bare soil in the dripline of a home
where lead-based paint is identified on exterior components or lead-based paint
previously existed on exterior components, but has been removed, enclosed, or
encapsulated;
(15) A description of
interim controls and lead 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 will recommend a
maintenance and monitoring schedule for the encapsulant or enclosure;
(16) Information regarding the owner's
obligations to disclose known lead-based paint and lead-based paint hazards
upon sale or lease of residential property as required by Subpart H of 24
CFR
Part
35 and Subpart I of 40
CFR Part
745 ;
(17) Information regarding Iowa's
prerenovation notification requirements found in 641-Chapter 69; and
information regarding Iowa's regulations for renovation found in 641-Chapter
70; and
(18) The report will
contain the statement as set forth in
70.6(1)"a"(7)"19."
(3) A certified elevated blood lead (EBL)
inspector/risk assessor will conduct elevated blood lead (EBL) inspections
according to the following standards. Elevated blood lead (EBL) inspections
will be conducted only by a certified elevated blood lead (EBL) inspector/risk
assessor. This protocol may be used for children who do not meet the definition
of an EBL child as defined in this chapter as long as the
inspection is
authorized by the department, a local board of health, or a public housing
agency.
a. When conducting an elevated blood
lead (EBL)
inspection, the certified elevated blood lead (EBL) inspector/risk
assessor will use the following procedures:
(1) The certified elevated blood lead (EBL)
inspector/risk assessor will test paint in each room, including each exterior
side.
(2) The certified elevated
blood lead (EBL) inspector/risk assessor will test each testing combination in
each room. One sample will be taken for each testing combination in a room,
including walls. On windows, the window frame, interior windowsill, window
sash, and window trough will each be considered a separate testing combination.
If a testing combination is painted and not tested, it will be assumed to be
painted with lead-based paint.
b. Paint will be tested using adequate
quality control by X-ray fluorescence or by laboratory analysis using a
recognized laboratory to determine the presence of lead-based paint on a
surface. If testing by laboratory analysis, the certified elevated blood lead
(EBL) inspector/risk assessor will collect paint samples using the documented
methodologies specified in guidance documents issued by the department. If
testing by X-ray fluorescence, the certified elevated blood lead (EBL)
inspector/risk assessor will use the following methodologies:
(1) The certified elevated blood lead (EBL)
inspector/risk assessor will use an X-ray fluorescence analyzer that has a
performance characteristics sheet and will use the X-ray fluorescence analyzer
according to the performance characteristics sheet.
(2) The certified elevated blood lead (EBL)
inspector/risk assessor will use the NIST 1.02 standard film or standards
provided by the manufacturer for calibration of the X-ray fluorescence
analyzer. The certified elevated blood lead (EBL) inspector/risk assessor will
not state that any surface is free of leadbased paint unless the NIST 1.02
standard film is used for calibration.
(3) The certified elevated blood lead (EBL)
inspector/risk assessor will take calibration readings consisting of an average
of three readings at the beginning of the inspection.
(4) If recommended by the performance
characteristics sheet, the certified elevated blood lead (EBL) inspector/risk
assessor will conduct substrate correction for all XRF readings less than 4.0
milligrams of lead per square centimeter. For each substrate that requires
substrate correction, the certified elevated blood lead (EBL) inspector/risk
assessor will completely remove all paint from an area of two different testing
combinations for that substrate. If possible, the areas chosen for substrate
correction should have initial XRF readings of less than 2.5 milligrams of lead
per square centimeter. For each testing combination, the certified elevated
blood lead (EBL) inspector/risk assessor will remove paint from an area that is
at least as large as the XRF probe faceplate. On each of the two areas, the
certified elevated blood lead (EBL) inspector/risk assessor will place the NIST
1.02 standard film over the surface, and take three XRF readings with the XRF
used to conduct the inspection. The certified elevated blood lead (EBL)
inspector/risk assessor will calculate the arithmetic mean for these six
readings and will subtract 1.02 from this arithmetic mean to obtain the
substrate correction value. The certified elevated blood lead (EBL)
inspector/risk assessor will then subtract the substrate correction value from
each XRF reading for the substrate requiring substrate correction to obtain the
corrected XRF reading. If the certified elevated blood lead (EBL)
inspector/risk assessor does not conduct substrate correction where recommended
by the performance characteristics sheet, then the certified elevated blood
lead (EBL) inspector/risk assessor will assume that all of the readings are
positive and will not state that a surface is free of lead-based
paint.
(5) The certified elevated
blood lead (EBL) inspector/risk assessor will classify each XRF reading that
did not require substrate correction and each corrected XRF reading for XRF
readings that required substrate correction as positive, negative, or
inconclusive, according to the performance characteristics sheet for the XRF.
The certified elevated blood lead (EBL) inspector/risk assessor may assume that
all inconclusive readings are positive and classify them as such.
(6) The certified elevated blood lead (EBL)
inspector/risk assessor will resolve inconclusive readings as defined by the
performance characteristics sheet for the XRF by collecting paint samples for
laboratory analysis. If the certified elevated blood lead (EBL) inspector/risk
assessor does not resolve inconclusive readings, then the certified elevated
blood lead (EBL) inspector/risk assessor will assume that the inconclusive
readings are positive.
c.
If lead-based paint is identified through an elevated blood lead (EBL)
inspection, the certified elevated blood lead (EBL) inspector/risk assessor
will conduct a visual inspection to determine the presence of lead-based paint
hazards and any other potential lead hazards, including bare soil in the play
area or in the dripline of a home where lead-based paint is identified on
exterior components or lead-based paint previously existed on exterior
components, but has been removed, enclosed, or encapsulated.
d. No later than two weeks after the receipt
of laboratory results, a certified elevated blood lead (EBL) inspector/risk
assessor will prepare a written report for each residential dwelling or
child-occupied
facility where an elevated blood lead (EBL)
inspection has been
conducted and will provide a copy of this report to the property owner and the
occupant of the dwelling. The report will include, at least:
(1) A statement that the elevated blood lead
(EBL) inspection was conducted to identify lead-based paint and lead-based
paint hazards in the residential dwelling;
(2) Date of each elevated blood lead (EBL)
inspection;
(3) Address of
building;
(4) Date of
construction;
(5) Apartment numbers
(if applicable);
(6) The name,
address, and telephone number of the owner or owners of each residential
dwelling or child-occupied facility;
(7) Name, signature, and certification number
of each certified elevated blood lead (EBL) inspector/risk assessor conducting
the inspection;
(8) Name and
certification number of the certified firm(s) conducting the
inspection;
(9) Name, address, and
telephone number of each laboratory conducting an analysis of collected
samples;
(10) Each testing method
and sampling procedure employed for paint analysis, including quality control
data and, if used, the manufacturer, serial number, software, and operating
mode of any XRF analyzer;
(11) XRF
readings taken for calibration and calculations to demonstrate that the XRF is
properly calibrated;
(12) Specific
locations by room of each painted component tested for the presence of
lead-based paint and the results for each component expressed in terms
appropriate to the sampling method used;
(13) A statement that all painted or finished
components that were not tested will be assumed to contain lead-based
paint;
(14) A description of the
location, type, and severity of identified lead-based paint hazards, including
the classification of each tested surface as to whether it is a lead-based
paint hazard, and any other potential lead hazards, including bare soil in the
play area or in the dripline of a home where lead-based paint is identified on
exterior components or lead-based paint previously existed on exterior
components, but has been removed, enclosed, or encapsulated;
(15) A description of interim controls and
lead 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 will recommend a
maintenance and monitoring schedule for the encapsulant or enclosure;
(16) Information regarding the owner's
obligations to disclose known lead-based paint and lead-based paint hazards
upon sale or lease of residential property as required by Subpart H of 24
CFR
Part
35 and Subpart I of 40
CFR Part
745 ;
(17) Information regarding Iowa's
prerenovation notification requirements found in 641-Chapter 69; and
information regarding Iowa's regulations for renovation found in 641-Chapter
70; and
(18) The report will
contain the statement set forth in
70.6(1)"a"(7)"19."
e. A certified elevated blood lead (EBL)
inspector/risk assessor will maintain for no fewer than ten years a written
record for each residential dwelling or child-occupied
facility where an
elevated blood lead (EBL)
inspection has been conducted. The record will
include, at least:
(1) A copy of the written
report required by 70.6(3)"d."
(2) Blood lead test results for the elevated
blood lead (EBL) child.
(3) A
record of conversations held with the owners and occupants of each residential
dwelling or child-occupied facility prior to, during, and after the EBL
inspection.
(4) Records of
follow-up visits made to each residential dwelling or child-occupied facility
where lead-based paint hazards are identified and, when issued, a copy of the
clearance report.
(4) A certified lead inspector/risk assessor
or a certified elevated blood lead (EBL) inspector/risk assessor will conduct
lead hazard screens according to the following standards. Lead hazard screens
will be conducted only by a certified lead inspector/risk assessor or a
certified elevated blood lead (EBL) inspector/risk assessor.
a. 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 at least
one child under the age of six years will be collected.
b. A visual inspection of the residential
dwelling or child-occupied facility will be conducted to determine if any
deteriorated paint is present and to locate at least two dust sampling
locations.
c. If deteriorated paint
is present, each surface with deteriorated paint that is determined to have a
distinct painting history will be tested for the presence of lead. In addition,
friction surfaces where there is evidence of abrasion and impact surfaces that
are damaged or otherwise deteriorated from impact and that have a distinct
painting history will be tested for the presence of lead.
d. In residential dwellings, a minimum of two
composite or single-surface dust samples will be collected. One sample will be
collected from the floors and the other from the interior windowsills in rooms,
hallways, or stairwells where at least one child under the age of six years is
most likely to come in contact with dust.
e. In multifamily dwellings and
child-occupied facilities, single-surface or composite dust samples will also
be collected from common areas where at least one child under the age of six
years is likely to come in contact with dust.
f. Dust samples will be collected by wipe
samples using the documented methodologies specified in guidance documents
issued by the department. The minimum area for a floor wipe sample will be 0.50
square feet or 72 square inches. The minimum area for a windowsill wipe sample
and for a window trough wipe sample will be 0.25 square feet or 36 square
inches. Dust samples will be analyzed by a recognized laboratory to determine
the level of lead.
g. Soil samples
will be collected and analyzed for lead content in exterior play areas and
dripline areas where bare soil is present. In addition, soil samples will be
collected and analyzed for lead content from any other areas of the yard where
bare soil is present. Soil and paint samples will be collected using the
documented methodologies specified in guidance documents issued by the
department and will be analyzed by a recognized laboratory to determine the
level of lead.
h. Paint will be
tested using adequate quality control by X-ray fluorescence or by laboratory
analysis using a recognized laboratory to determine the presence of lead-based
paint on a surface. If testing by laboratory analysis, the certified lead
inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor
will collect paint samples using the documented methodologies specified in
guidance documents issued by the department. If testing by X-ray fluorescence,
the certified lead inspector/risk assessor or elevated blood lead (EBL)
inspector/risk assessor will use the following methodologies:
(1) The certified lead inspector/risk
assessor or elevated blood lead (EBL) inspector/risk assessor will use an X-ray
fluorescence analyzer that has a performance characteristics sheet and will use
the X-ray fluorescence analyzer according to the performance characteristics
sheet.
(2) The certified lead
inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor
will use the National Institute of Standards and Technology 1.02 milligrams of
lead per square centimeter standard reference material or standards provided by
the manufacturer for calibration of the X-ray fluorescence analyzer.
(3) The certified lead inspector/risk
assessor or elevated blood lead (EBL) inspector/risk assessor will take
calibration readings consisting of an average of three readings at the
beginning of the inspection.
(4) If
recommended by the performance characteristics sheet, the certified lead
inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor
will conduct substrate correction for all XRF readings less than 4.0 milligrams
of lead per square centimeter. For each substrate that requires substrate
correction, the certified lead inspector/risk assessor or elevated blood lead
(EBL) inspector/risk assessor will completely remove all paint from an area of
two different testing combinations for that substrate. If possible, the areas
chosen for substrate correction should have initial XRF readings of less than
2.5 milligrams of lead per square centimeter. For each testing combination, the
certified lead inspector/risk assessor or elevated blood lead (EBL)
inspector/risk assessor will remove paint from an area that is at least as
large as the XRF probe faceplate. On each of the two areas, the certified lead
inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor
will place the NIST 1.02 standard film over the surface, and take three XRF
readings with the XRF used to conduct the inspection. The certified lead
inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor
will calculate the arithmetic mean for these six readings and will subtract
1.02 from this arithmetic mean to obtain the substrate correction value. The
certified lead inspector/risk assessor or elevated blood lead (EBL)
inspector/risk assessor will then subtract the substrate correction value from
each XRF reading for the substrate requiring substrate correction to obtain the
corrected XRF reading. If the certified lead inspector/risk assessor or
elevated blood lead (EBL) inspector/risk assessor does not conduct substrate
correction where recommended by the performance characteristics sheet, then the
certified lead inspector/risk assessor or elevated blood lead (EBL)
inspector/risk assessor will assume that all the readings are positive and will
not state that a surface is free of leadbased paint.
(5) The certified lead inspector/risk
assessor or elevated blood lead (EBL) inspector/risk assessor will classify
each XRF reading that did not require substrate correction and each corrected
XRF reading for XRF readings that required substrate correction as positive,
negative, or inconclusive, according to the performance characteristics sheet
for the XRF. The certified lead inspector/risk assessor or elevated blood lead
(EBL) inspector/risk assessor will not discard XRF readings unless instructed
to do so by the performance characteristics sheet or the operating instructions
from the manufacturer. If the certified lead inspector/risk assessor or
elevated blood lead (EBL) inspector/risk assessor believes that a reading
classified as positive is in error, the certified lead inspector/risk assessor
or elevated blood lead (EBL) inspector/risk assessor will collect a paint
sample for laboratory analysis. The certified lead inspector/risk assessor or
elevated blood lead (EBL) inspector/risk assessor will change the positive
classification to negative only if the results of the laboratory analysis
indicate that the surface is not painted with lead-based paint. The certified
lead inspector/risk assessor or elevated blood lead (EBL) inspector/risk
assessor may assume that all inconclusive readings are positive and classify
them as such.
(6) The certified
lead inspector/risk assessor or elevated blood lead (EBL) inspector/risk
assessor will resolve inconclusive readings as defined by the performance
characteristics sheet for the XRF by collecting paint samples for laboratory
analysis. If the certified lead inspector/risk assessor or elevated blood lead
(EBL) inspector/risk assessor does not resolve inconclusive readings by
laboratory analysis, then the certified lead inspector/risk assessor or
elevated blood lead (EBL) inspector/risk assessor will assume that the
inconclusive readings are positive.
i. The following standards will be used to
determine whether a residential dwelling or child-occupied
facility fails a
lead hazard screen:
(1) A residential dwelling
or child-occupied facility will fail a lead hazard screen if any deteriorated
paint or paint on friction or impact surfaces is found to be lead-based
paint.
(2) A residential dwelling
will fail a lead hazard screen if any floor dust lead level in a single-surface
or composite-surface dust sample is greater than or equal to 25 micrograms per
square foot.
(3) A residential
dwelling will fail a lead hazard screen if any interior windowsill dust level
in a single-surface or composite-surface dust sample is greater than or equal
to 125 micrograms per square foot.
(4) A residential dwelling or child-occupied
facility will fail a lead hazard screen if any bare soil is found to be a
soil-lead hazard.
j. When
conducting a lead hazard screen in multifamily housing, a certified lead
inspector/risk assessor or certified elevated blood lead (EBL) inspector/risk
assessor may sample each residential dwelling or choose residential dwellings
for sampling by random selection, targeted selection, or worst case selection.
(1) If built before 1960 or if the date of
construction is unknown, the multifamily housing will contain at least 20
similarly constructed and maintained residential dwellings in order to use
random selection. If built from 1960 to 1977, the multifamily housing will
contain at least ten similarly constructed and maintained residential dwellings
in order to use random selection. The certified lead inspector/risk assessor or
elevated blood lead (EBL) inspector/risk assessor will use Table 1 to determine
the number of residential dwellings to randomly select for testing.
(2) If the multifamily housing contains five
or more similar residential dwellings, the certified lead inspector/risk
assessor or elevated blood lead (EBL) inspector/risk assessor may use targeted
selection. If using targeted selection, the certified lead inspector/risk
assessor or elevated blood lead (EBL) inspector/risk assessor will use Table 2
to determine the number of residential dwellings to
test. If the multifamily
housing has fewer than five similar dwellings, all residential dwellings will
be tested. Residential dwellings chosen by targeted selection will meet as many
of the following criteria as possible:
1. The
residential dwelling has been cited with a housing or building code violation
within the past year.
2. The
property owner believes that the residential dwelling is in poor
condition.
3. The residential
dwelling contains two or more children between the ages of six months and six
years. The certified lead inspector/risk assessor or elevated blood lead (EBL)
inspector/risk assessor will give preference to residential dwellings that
house the largest number of children.
4. The residential dwelling serves as a day
care facility.
5. The residential
dwelling has been prepared for reoccupancy within the past three months. If
additional residential dwellings are needed to meet the minimum number
specified in Table 2, the certified lead inspector/risk assessor or elevated
blood lead (EBL) inspector/risk assessor will select them randomly. If too many
residential dwellings meet the criteria, residential dwellings will be
eliminated randomly.
Table 2
Minimum Number of Residential Dwellings in Multifamily Housing
for Risk Assessment or Lead Hazard Screen Through Targeted Selection
|
Number of Similar Residential
Dwellings
|
Number of Residential Dwellings to
Sample*
|
|
1-4
|
All
|
|
5-20
|
4 residential dwellings or 50% (whichever is
greater)**
|
|
21-75
|
10 residential dwellings or 20% (whichever is
greater)**
|
|
76-125
|
17
|
|
126-175
|
19
|
|
176-225
|
20
|
|
226-300
|
21
|
|
301-400
|
22
|
|
401-500
|
23
|
|
501+
|
24 + 1 residential dwelling for each additional
increment of 100 residential dwellings or less
|
*Does not include residential dwellings housing children with
elevated blood lead levels.
**For percentages, round up to determine number of residential
dwellings to be sampled.
k. If the multifamily housing contains five
or more similar residential dwellings, the certified lead inspector/risk
assessor or elevated blood lead (EBL) inspector/risk assessor may use worst
case selection. If using worst case selection, the certified lead
inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor
will use Table 2 to determine the number of residential dwellings to test. If
the multifamily housing has fewer than five similar dwellings, all residential
dwellings will be tested.
l. The
following standards will be used to determine whether multifamily housing fails
a lead hazard screen:
(1) The certified lead
inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor
will calculate the arithmetic mean of the dust lead levels for carpeted floors,
uncarpeted floors, and interior windowsills. If the arithmetic mean for
carpeted floors or uncarpeted floors is greater than or equal to 25 micrograms
per square foot, the multifamily housing will fail the lead hazard screen. If
the arithmetic mean for interior windowsills is greater than or equal to 125
micrograms per square foot, the multifamily housing will fail the lead hazard
screen. If the arithmetic mean for carpeted floors or uncarpeted floors is less
than 25 micrograms per square foot, but some of the samples have dust lead
levels that are greater than or equal to 25 micrograms per square foot, then
the residential dwellings where these samples were taken and all other similar
residential dwellings in the multifamily housing will fail the lead hazard
screen. If the arithmetic mean for interior windowsills is less than 125
micrograms per square foot, but some of the samples have dust lead levels that
are greater than or equal to 125 micrograms per square foot, then the
residential dwellings where these samples were taken and all other similar
residential dwellings in the multifamily housing will fail the lead hazard
screen.
(2) The certified lead
inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor
will evaluate the results of paint sampling by component and location. If all
components at a given location are determined to be painted with lead-based
paint or are determined to not be painted with lead-based paint, the certified
lead inspector/risk assessor or elevated blood lead (EBL) inspector/risk
assessor may assume this condition is true for all similar residential
dwellings. The certified lead inspector/risk assessor or elevated blood lead
(EBL) inspector/risk assessor will not assume that the multifamily housing is
free of lead-based paint. If a component at a given location is found to be
painted with lead-based paint in some residential dwellings and not painted
with lead-based paint in other residential dwellings, the certified lead
inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor
will assume that the component is a lead-based paint hazard in all similar
residential dwellings. If a component in a residential dwelling is determined
or assumed to be lead-based paint, then the entire group of similar residential
dwellings in the multifamily housing will fail the lead hazard
screen.
(3) Multifamily housing
will fail a lead hazard screen if any bare soil is found to be a soil-lead
hazard.
m. A certified
lead inspector/risk assessor or a certified elevated blood lead (EBL)
inspector/risk assessor will prepare a written report for each residential
dwelling or child-occupied
facility where a lead hazard screen is conducted. No
later than three weeks after the receipt of laboratory results, the certified
lead inspector/risk assessor or certified elevated blood lead (EBL)
inspector/risk assessor will send a copy of the report to the property owner
and to the
person requesting the lead hazard screen, if different. A certified
lead inspector/risk assessor or a certified elevated blood lead (EBL)
inspector/risk assessor will maintain a copy of each written report for no less
than three years. The report will include, at least:
(1) Date of each lead hazard
screen.
(2) Address of
building.
(3) Date of
construction.
(4) Apartment numbers
(if applicable).
(5) The 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 lead inspector/risk assessor or certified elevated blood lead
(EBL) inspector/risk assessor conducting the lead hazard screen.
(7) Name and certification number of the
certified firm(s) conducting the lead hazard screen.
(8) Name, address, and telephone number of
each recognized laboratory conducting an analysis of collected samples,
including the identification number for each such laboratory recognized by EPA
under Section 405(b) of the Toxic Substances Control
Act (15 U.S.C.
2685(b)).
(9) Results of the visual
inspection.
(10) Each testing
method and sampling procedure employed for paint analysis, including quality
control data and, if used, the manufacturer, serial number, software, and
operating mode of any XRF analyzer.
(11) If used, XRF readings taken for
calibration and calculations to demonstrate that the XRF is properly
calibrated.
(12) Specific locations
by room of each painted component tested for the presence of lead-based paint
and the results for each component tested expressed in terms appropriate to the
sampling method used.
(13) All
results of laboratory analysis of collected paint, dust, and soil samples. The
results of dust sampling will be reported in micrograms of lead per square
foot, and the results of soil sampling will be reported in parts per million of
lead. Results will not be reported as "not detectable."
(14) Any other sampling results.
(15) A statement that all painted or finished
components that were not tested will be assumed to contain lead-based
paint.
(16) Background information
collected regarding the physical characteristics of the residential dwelling or
child-occupied facility and occupant use patterns that may cause lead-based
paint exposure to at least one child under the age of six years.
(17) Whether the residential dwelling or
child-occupied facility passed or failed the lead hazard screen and
recommendations, if warranted, for a follow-up lead inspection or risk
assessment, and, as appropriate, any further actions.
(18) Information regarding the owner's
obligations to disclose known lead-based paint and lead-based paint hazards
upon sale or lease of residential property as required by Subpart H of 24
CFR
Part
35 and Subpart I of 40
CFR Part
745.
(19) Information regarding Iowa's
prerenovation notification requirements found in 641-Chapter 69; and
information regarding Iowa's regulations for renovation found in 641-Chapter
70.
(20) The report will contain
the statement set forth in 70.6(1)"a"(7)"19."
(5) A certified lead
inspector/risk assessor or a certified elevated blood lead (EBL) inspector/risk
assessor will conduct risk assessments according to the following standards.
Risk assessments will be conducted only by a certified lead inspector/risk
assessor or a certified elevated blood lead (EBL) inspector/risk assessor.
a. 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 at least
one child under the age of six years will be collected.
b. A visual inspection for risk assessment
will be undertaken to locate the existence of deteriorated paint and other
potential lead hazards and to assess the extent and causes of the paint
deterioration.
c. If deteriorated
paint is present, each surface with deteriorated paint that is determined to
have a distinct painting history will be tested for the presence of
lead.
d. Friction surfaces where
there is evidence of abrasion and impact surfaces that are damaged or otherwise
deteriorated from impact and that have a distinct painting history will be
tested for the presence of lead.
e.
In residential dwellings, dust samples will be collected from the interior
windowsill, window trough, and floor in all living areas where at least one
child is most likely to come in contact with dust. Dust samples will be
analyzed for lead concentration and may be either composite or single-surface
samples.
f. In multifamily
dwellings, dust samples will also be collected from interior windowsills,
window troughs, and floors in common areas adjacent to the sampled residential
dwellings or child-occupied facility and in other common areas where the
certified lead inspector/risk assessor or certified elevated blood lead (EBL)
inspector/risk assessor determines that at least one child under the age of six
years is likely to come in contact with dust. Dust samples will be analyzed for
lead concentration and may be either composite or single-surface
samples.
g. In child-occupied
facilities, dust samples will be collected from the interior windowsill, window
trough, and floor in each room, hallway, or stairwell utilized by one or more
children under the age of six years and in other common areas where the
certified lead inspector/risk assessor or certified elevated blood lead (EBL)
inspector/risk assessor determines that at least one child under the age of six
years is likely to come in contact with dust. Dust samples will be analyzed for
lead concentration and may be either composite or single-surface
samples.
h. Soil samples will be
collected and analyzed for lead content in exterior play areas and dripline
areas where bare soil is present. In addition, soil samples will be collected
and analyzed for lead content from any other areas of the yard where bare soil
is present.
i. Dust samples will be
collected by wipe samples using the documented methodologies specified in
guidance documents issued by the department. The minimum area for a floor wipe
sample will be 0.50 square feet. The minimum area for a windowsill wipe sample
and for a window trough wipe sample will be 0.25 square feet. Soil and paint
samples will be collected using the documented methodologies specified in
guidance documents issued by the department. Dust and soil samples will be
analyzed by a recognized laboratory to determine the level of lead. The results
of dust sampling will be reported in micrograms of lead per square foot, and
the results of soil sampling will be reported in parts per million of lead. The
results will not be reported as "not detectable."
j. Paint will be tested using adequate
quality control by X-ray fluorescence or by laboratory analysis using a
recognized laboratory to determine the presence of lead-based paint on a
surface. If testing by laboratory analysis, the certified lead inspector/risk
assessor or elevated blood lead (EBL) inspector/risk assessor will collect
paint samples using the documented methodologies specified in guidance
documents issued by the department.
(1) If
testing by X-ray fluorescence, the certified lead inspector/risk assessor or
elevated blood lead (EBL) inspector/risk assessor will use the following
methodologies:
1. The certified lead
inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor
will use an X-ray fluorescence analyzer that has a performance characteristics
sheet and will use the X-ray fluorescence analyzer according to the performance
characteristics sheet.
2. The
certified lead inspector/risk assessor or elevated blood lead (EBL)
inspector/risk assessor will use the NIST 1.02 standard film material or
standards provided by the manufacturer for calibration of the X-ray
fluorescence analyzer. The certified lead inspector/risk assessor or elevated
blood lead (EBL) inspector/risk assessor will not state that any surface is
free of lead-based paint unless the NIST 1.02 standard film is used for
calibration.
(2)
Subparagraphs 70.6(4)"h"(3) through
70.6(4)"h"(6) are restated as if fully set forth
herein.
k. When
conducting a risk assessment in multifamily housing, a certified lead
inspector/risk assessor or certified elevated blood lead (EBL) inspector/risk
assessor may sample each residential dwelling or choose residential dwellings
for sampling by random selection, targeted selection, or worst case selection.
(1) If built before 1960 or if the date of
construction is unknown, the multifamily housing will contain at least 20
similarly constructed and maintained residential dwellings in order to use
random selection. If built from 1960 to 1977, the multifamily housing will
contain at least ten similarly constructed and maintained residential dwellings
in order to use random selection. The certified lead inspector/risk assessor or
elevated blood lead (EBL) inspector/risk assessor will use Table 1 to determine
the number of residential dwellings to randomly select for testing.
(2) If the multifamily housing contains five
or more similar residential dwellings, the certified lead inspector/risk
assessor or elevated blood lead (EBL) inspector/risk assessor may use targeted
selection. If using targeted selection, the certified lead inspector/risk
assessor or elevated blood lead (EBL) inspector/risk assessor will use Table 2
to determine the number of residential dwellings to
test. If the multifamily
housing has fewer than five similar dwellings, all residential dwellings will
be tested. Residential dwellings chosen by targeted selection will meet as many
of the following criteria as possible. If additional residential dwellings are
needed to meet the minimum number specified in Table 2, the certified lead
inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor
will select them randomly. If too many residential dwellings meet the criteria,
residential dwellings will be eliminated randomly. Targeted selection criteria
are as follows:
1. The residential dwelling
has been cited with a housing or building code violation within the past
year.
2. The property owner
believes that the residential dwelling is in poor condition.
3. The residential dwelling contains two or
more children between the ages of six months and six years. The certified lead
inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor
will give preference to residential dwellings that house the largest number of
children.
4. The residential
dwelling serves as a day care facility.
5. The residential dwelling has been prepared
for reoccupancy within the past three months.
(3) If the multifamily housing contains five
or more similar residential dwellings, the certified lead inspector/risk
assessor or elevated blood lead (EBL) inspector/risk assessor may use worst
case selection. If using worst case selection, the certified lead
inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor
will use Table 2 to determine the number of residential dwellings to test. If
the multifamily housing has fewer than five similar dwellings, all residential
dwellings will be tested.
(4) The
following standards will be used to determine the extent of lead-based paint
hazards throughout multifamily housing that is sampled by random selection,
targeted selection, or worst case selection:
1. The certified lead inspector/risk assessor
or elevated blood lead (EBL) inspector/risk assessor will calculate the
arithmetic mean of the dust lead levels for carpeted floors, uncarpeted floors,
interior windowsills, and window troughs. If the arithmetic mean is greater
than or equal to the level defined as a dust lead hazard for the component,
then the certified lead inspector/risk assessor or elevated blood lead (EBL)
inspector/risk assessor will determine that a dust lead hazard has been
identified on the component throughout the multifamily housing. If the
arithmetic mean is less than the level defined as a dust lead hazard for the
component, but some of the individual components have dust lead levels that are
greater than or equal to the level defined as a dust lead hazard, then the
certified lead inspector/risk assessor or elevated blood lead (EBL)
inspector/risk assessor will determine that a dust lead hazard has been
identified on the individual components and on all other similar components
throughout the multifamily housing.
2. The certified lead inspector/risk assessor
or elevated blood lead (EBL) inspector/risk assessor will evaluate the results
of paint sampling by component and location. If all components at a given
location are determined to be painted with lead-based paint or are determined
to not be painted with lead-based paint, the certified lead inspector/risk
assessor or elevated blood lead (EBL) inspector/risk assessor may assume this
condition is true for all similar residential dwellings. The certified lead
inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor
will not assume that the multifamily housing is free of lead-based paint. If a
component at a given location is found to be painted with lead-based paint in
some residential dwellings and not painted with lead-based paint in other
residential dwellings, the certified lead inspector/risk assessor or elevated
blood lead (EBL) inspector/risk assessor will assume that the component is a
lead-based paint hazard in all similar residential dwellings.
l. A certified lead
inspector/risk assessor or a certified elevated blood lead (EBL) inspector/risk
assessor will prepare a written report for each residential dwelling or
child-occupied
facility where a risk assessment is conducted. No later than
three weeks after the receipt of laboratory results, the certified lead
inspector/risk assessor or certified elevated blood lead (EBL) inspector/risk
assessor will send a copy of the report to the property owner and to the
person
requesting the risk assessment, if different. A certified lead inspector/risk
assessor or a certified elevated blood lead (EBL) inspector/risk assessor will
maintain a copy of the report for no less than three years. The report will
include, at least:
(1) Date of each risk
assessment;
(2) Address of
building;
(3) Date of
construction;
(4) Apartment numbers
(if applicable);
(5) The 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 lead inspector/risk assessor or certified elevated blood lead
(EBL) inspector/risk assessor conducting the risk assessment;
(7) Name and certification number of the
certified firm(s) conducting the risk assessment;
(8) Name, address, and telephone number of
each recognized laboratory conducting an analysis of collected samples,
including the identification number for each such laboratory recognized by EPA
under Section 405(b) of the Toxic Substances Control
Act (15 U.S.C.
2685(b));
(9) Results of the visual
inspection;
(10) Each testing
method and sampling procedure employed for paint analysis, including quality
control data and, if used, the manufacturer, serial number, software, and
operating mode of any XRF analyzer;
(11) If used, XRF readings taken for
calibration and calculations to demonstrate that the XRF is properly
calibrated;
(12) Specific locations
by room of each painted component tested for the presence of lead-based paint
and the results for each component tested expressed in terms appropriate to the
sampling method used;
(13) All
results of laboratory analysis of collected paint, dust, and soil
samples;
(14) Any other sampling
results;
(15) A statement that all
painted or finished components that were not tested will be assumed to contain
lead-based paint;
(16) Background
information collected regarding the physical characteristics of the residential
dwelling or child-occupied facility and occupant use patterns that may cause
lead-based paint exposure to at least one child under the age of six
years;
(17) 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 leadbased paint hazards;
(18) A description of the location, type, and
severity of identified lead-based paint hazards, and any other potential lead
hazards, including bare soil in the play area or in the dripline of a home
where leadbased paint is identified on exterior components or lead-based paint
previously existed on exterior components, but has been removed, enclosed, or
encapsulated;
(19) A description of
interim controls and lead 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 will recommend a
maintenance and monitoring schedule for the encapsulant or enclosure;
(20) Information regarding the owner's
obligations to disclose known lead-based paint and lead-based paint hazards
upon sale or lease of residential property as required by Subpart H of 24
CFR
Part
35 and Subpart I of 40
CFR Part
745 ;
(21) Information regarding Iowa's
prerenovation notification requirements found in 641-Chapter 69; and
information regarding Iowa's regulations for renovation found in 641-Chapter
70; and
(22) The report will
contain the statement set forth in
70.6(1)"a"(7)"19."
(6) A certified lead abatement contractor or
certified lead abatement
worker will conduct lead abatement according to the
following standards. Lead abatement will be conducted only by a certified lead
abatement contractor or a certified lead abatement
worker.
a. A certified lead abatement contractor will
be on site during all work site preparation and during the postabatement
cleanup of work areas. At all other times when lead abatement is being
conducted, the certified lead abatement contractor will be on site or available
by telephone or answering service, and be able to be present at the work site
in no more than two hours.
b. A
certified lead abatement contractor will ensure that lead abatement is
conducted according to all federal, state, and local requirements.
c. A certified lead abatement contractor will
notify the department in writing at least seven days prior to the commencement
of lead abatement in a residential dwelling or child-occupied
facility. The
notification will include the following information:
(1) The address, including apartment numbers,
where lead abatement will be conducted.
(2) The dates when lead abatement will be
conducted.
(3) The name, address,
telephone number, Iowa certification number, and signature of the contact for
the certified firm that will conduct the work.
(4) The name, address, telephone number, Iowa
certification number, and signature of the certified lead abatement contractor
who will serve as the contact person for the project.
(5) The name, address, and telephone number
of the property owner.
(6) Whether
the dwelling is owner-occupied or a rental dwelling.
(7) If the dwelling is an occupied rental,
the names of the occupants.
(8) The
approximate year that the dwelling was built.
(9) A brief description of the lead abatement
work to be done.
d. A
certified lead abatement contractor will submit a revised notification to the
department if any information in the original notification changes.
e. A certified lead abatement contractor will
ensure that the worksite(s) is accessed only by certified lead professionals
according to
641-70.3 (10A) and
641-70.5 (10A). Noncertified
individuals will not be allowed access to a worksite. A worksite will remain
inaccessible to noncertified individuals until it passes clearance
testing.
f. A certified lead
abatement contractor or a certified project designer will develop a written
occupant protection plan for all lead abatement projects prior to starting lead
abatement and will implement the occupant protection plan during the lead
abatement project. The occupant protection plan will be unique to each
residential dwelling or child-occupied
facility. If the occupants will be
living at the property where lead abatement is taking place, then the written
occupant plan will be given to the occupants prior to the start date of the
lead abatement project and will contain at least the following information:
(1) A description of the type and location of
the physical barriers that will keep occupants out of the designated
worksite(s).
(2) An explanation of
how the contractor will ensure that the worksite(s) is not entered by the
occupants.
(3) An explanation of
how the contractor will ensure that the occupants have access to a kitchen,
bathroom, and living area that are not in the worksite(s).
g. Approved methods will be used to conduct
lead abatement, and prohibited work practices will not be used to conduct lead
abatement.
(1) Signs will be posted and
readable. All signs will be posted before lead abatement begins and will remain
in place until dust-lead clearance has been passed.
1. To the extent practicable, all signage
will be posted in the occupants' primary language.
2. The signs will clearly define the work
area.
3. The signs will warn
occupants and other persons not involved with the lead abatement to remain
outside the work area.
4. The signs
will be posted at the entrance(s) to all work areas.
(2) The work area will be effectively
contained before the lead abatement begins. To be effective, containment will:
1. Isolate the work area so that no dust or
debris leaves the work area while the lead abatement is being
performed.
2. Be monitored and
maintained so that any plastic or other impermeable materials are not torn or
displaced.
3. Be installed in such
a manner that it does not interfere with occupant and worker egress in an
emergency.
(3) For
interior lead abatement, containment will include:
1. The removal or covering of all objects
from the work area, including but not limited to furniture, rugs, and window
coverings. Objects that are not removed from the work area will be covered with
plastic sheeting or other impermeable material with all seams and edges taped
or otherwise sealed.
2. Closing and
covering all duct openings in the work area. Ducts will be covered with plastic
sheeting or other impermeable material that is taped down.
3. Closing windows and doors in the work
area. Doors will be covered with plastic sheeting or other impermeable
material. Doors used as an entrance to the work area will be covered with
plastic sheeting or other impermeable material in a manner that allows workers
to pass through while confining dust and debris to the work area.
4. Covering the floor surface, including
installed carpet, with taped-down plastic sheeting or other impermeable
material in the work area six feet beyond the perimeter of the surfaces
undergoing lead abatement or a sufficient distance to contain the dust,
whichever is greater.
5. Ensuring
that all personnel, tools, and other items, including the exteriors of
containers of waste, are free of dust and debris before leaving or being
removed from the work area.
(4) For exterior lead abatement, containment
will include:
1. Closing all doors and windows
within 20 feet of the lead abatement. On multistory buildings, all doors and
windows within 20 feet of the lead abatement on the same story as the lead
abatement will be closed, and all doors and windows on all stories below the
lead abatement that are the same horizontal distance from the lead abatement
will be closed.
2. Ensuring that
doors within the work areas that will be used while the lead abatement is being
performed are covered with plastic sheeting or other impermeable material in a
manner that allows workers to pass through while confining dust and debris to
the work area.
3. Covering the
ground with plastic sheeting or other disposable impermeable material extending
ten feet beyond the perimeter of surfaces undergoing lead abatement or a
sufficient distance to collect falling paint debris, whichever is greater,
unless the property line prevents ten feet of such ground cover. Exteriorground
cover will include anchors or weights to ensure that the covering remains
effective even during weather conditions such as high wind.
4. Vertical containment. In certain
situations, such as where other buildings are in close proximity to the work
area, when conditions are windy, or where the work area abuts a property line,
the certified lead abatement contractor or certified lead abatement worker will
erect a system of vertical containment designed to prevent dust and debris from
migrating to adjacent property or contaminating the ground, other buildings, or
any object beyond the work area.
(5) The following are prohibited work
practices:
1. Open-flame burning or torching
of lead-based paint.
2. Machine
sanding orgrinding or abrasive blasting or sandblasting of lead-based paint
unless used with high-efficiency particulate air (HEPA) exhaust control that
removes particles of 0.3 microns or larger from the air at 99.97 percent
orgreater efficiency.
3.
Uncontained water blasting of lead-based paint.
4. Dry scraping or dry sanding of lead-based
paint except in conjunction with the use of a heat gun or around electrical
outlets.
5. Operating a heat gun at
a temperature at or above 1,100 degrees Fahrenheit.
(6) All
waste generated during lead abatement
will be contained to prevent the release of dust and debris before the
waste is
removed from the work area for storage or disposal. Any chutes used to remove
waste from the work area will be covered.
1.
At the conclusion of each workday and at the conclusion of the lead abatement,
waste that has been collected from lead abatement activities will be stored
under containment, in an enclosure, or behind a barrier that prevents release
of dust and debris out of the work area and prevents access to dust and
debris.
2. All waste from lead
abatement will be contained during transportation so that no dust or debris is
released.
(7) The work
area will be cleaned so that no dust, debris, or residue remains after lead
abatement. Cleaning will include:
1. The
collection of all paint chips and debris and, without dispersing the paint
chips and debris, the sealing of the materials in heavy-duty bags.
2. The removal of the protective sheeting
used as required in this subrule. The sheeting will be misted, then the
sheeting will be folded dirty side inward. All sheeting will be taped shut or
otherwise sealed inside heavy-duty bags. Sheeting used to separate work areas
from non-work areas will remain in place until after the cleaning and removal
of other sheeting. All sheeting will be disposed of as waste.
3. For interior lead abatement, all objects
and surfaces in the work area and within two feet of the work area will be
cleaned from high to low in the following manner:
* Walls will either be vacuumed with a HEPA vacuum or wiped
with a wet cloth, beginning at the ceiling and working toward the floor.
* All remaining surfaces including objects and fixtures will
be thoroughly vacuumed with a HEPA vacuum. For carpeted floors and rugs, the
HEPA vacuum must be equipped with a beater bar.
* All remaining surfaces, except for carpeted or upholstered
surfaces, will also be wiped with a damp cloth. Uncarpeted floors will be
thoroughly mopped using a method that keeps the wash water separate from the
rinse water, such as the two-bucket mopping method, or using a wet mopping
system.
h. Soil abatement will be conducted using one
of the following methods:
(1) If soil is
removed, soil that is a soil-lead hazard will be replaced by soil with a lead
concentration as close to the local background as practicable, but less than
400 parts per million. The soil that is removed will not be used as topsoil at
another residential property or child-occupied facility.
(2) If soil is not removed, the soil that is
a soil-lead hazard will be remediated to meet the definition of "permanently
covered soil."
i. If
lead-based paint is removed from a surface, the surface will be repainted or
refinished prior to postabatement clearance dust sampling. A certified lead
inspector/risk assessor or a certified elevated blood lead (EBL) inspector/risk
assessor will visually verify that lead-based paint was removed from a surface
prior to repainting or refinishing.
j. If components painted with lead-based
paint are removed, the replacement components will be installed prior to
postabatement clearance testing.
k.
Postabatement clearance procedures will be conducted by a certified lead
inspector/risk assessor or a certified elevated blood lead (EBL) inspector/risk
assessor. If the abatement is conducted in response to an elevated blood lead
(EBL)
inspection, clearance will be conducted by a certified elevated blood
lead (EBL) inspector/risk assessor. Postabatement clearance testing will be
performed by persons or entities independent of those performing lead
abatement, unless the designated party uses qualified in-house employees to
conduct postabatement clearance testing. An in-house employee will not conduct
both lead abatement and the postabatement clearance testing for this work.
Postabatement clearance testing will be conducted using the following
procedures:
(1) Following a lead abatement,
the certified lead inspector/risk assessor or certified elevated blood lead
(EBL) inspector/risk assessor will review the report of the lead inspection,
risk assessment, or visual assessment done prior to the lead abatement project
and the lead abatement specifications to determine the lead-based paint hazards
that were to be abated by the lead abatement project. The certified lead
inspector/risk assessor or certified elevated blood lead (EBL) inspector/risk
assessor will perform a visual inspection to determine if all lead-based paint
hazards that were to be abated have been abated and to determine if
deteriorated paint surfaces or visible amounts of dust, debris, or residue are
still present in the rooms where lead abatement was conducted. If lead-based
paint hazards that were to be abated by the project or deteriorated paint
surfaces or visible amounts of dust, debris, or residue are present in the
rooms where lead abatement was conducted, these conditions must be eliminated
prior to the continuation of the clearance procedures. However, elimination of
deteriorated paint is not required if it has been determined through paint
testing or a lead-based paint inspection that the deteriorated paint is not
lead-based paint. Following an exterior lead abatement, a visual inspection
will be conducted to determine if all lead-based paint hazards that were to be
abated have been abated and to determine if any visible dust or debris remains
on any horizontal surfaces in the outdoor living areas close to the abated
surface. In addition, a visual inspection will be conducted to determine the
presence of paint chips on the dripline or next to the foundation below any
exterior surface that was abated. If lead-based paint hazards that were to be
abated by the project are still present, these conditions must be eliminated
prior to the continuation of the clearance procedures. If visible dust, debris,
or paint chips are present, they must be removed from the site and properly
disposed of according to all applicable federal, state, and local
standards.
(2) Following the visual
inspection and any required postabatement cleanup, the certified lead
inspector/risk assessor or certified elevated blood lead (EBL) inspector/risk
assessor will conduct clearance sampling for lead in dust. Clearance sampling
may be conducted by employing single-surface sampling or composite dust
sampling. Interior dust-lead testing will be performed for all projects that
include window replacement.
(3)
Dust samples will be collected a minimum of one hour after the completion of
final postabatement cleanup activities.
(4) Dust samples will be collected by wipe
samples using the documented methodologies specified in guidance documents
issued by the department. The minimum area for a floor wipe sample will be 0.50
square feet or 72 square inches. The minimum area for a windowsill wipe sample
and for a window trough wipe sample will be 0.25 square feet or 36 square
inches. Dust samples will be analyzed by a recognized laboratory to determine
the level of lead.
(5) The
following postabatement clearance activities will be conducted as appropriate
based upon the extent or manner of lead abatement activities conducted in the
residential dwelling or child-occupied
facility:
1. After conducting a lead abatement with
containment between abated and unabated areas, three dust samples will be taken
from each of no fewer than four rooms, hallways, or stairwells within the
containment area. Dust samples will be taken from one interior windowsill and
from one window trough (if available), and one dust sample will be taken from
the floor of each of no fewer than four rooms, hallways, or stairwells within
the containment area. In addition, one dust sample will be taken from the floor
outside of each individual containment area. If there are fewer than four
rooms, hallways, or stairwells within the containment area, then all rooms,
hallways, and stairwells will be sampled.
2. After conducting a lead abatement with no
containment between abated and unabated areas, three dust samples will be taken
from each of no fewer than four rooms, hallways, or stairwells in the
residential dwelling or child-occupied facility. Dust samples will be taken
from one interior windowsill and from one window trough (if available), and one
dust sample will be taken from the floor of each room, hallway, or stairwell
selected. If there are fewer than four rooms, hallways, or stairwells in the
residential dwelling or child-occupied facility, then all rooms, hallways, and
stairwells will be sampled.
3. The
certified lead abatement contractors and certified lead abatement workers who
abate or clean the dwellings will not have any knowledge of which rooms or
surfaces will be selected for the dust samples.
(6) The certified lead inspector/risk
assessor or certified elevated blood lead (EBL) inspector/risk assessor will
compare the residual lead level as determined by the laboratory analysis from
each singlesurface dust sample with applicable single-surface clearance levels
for lead in dust on floors, interior windowsills, and window troughs. If the
residual lead level in a single-surface dust sample is greater than or equal to
the applicable clearance level for a floor, interior windowsill, or window
trough, then the failed component in each room with a failed single-surface
dust sample and that type of component in each room that was not tested will be
recleaned. Additional clearance samples will be taken from the failed component
in each room where it failed and from enough additional rooms that were not
previously tested so that four rooms are sampled. If four rooms are not
available, then each available room will be retested. The certified lead
inspector/risk assessor or certified elevated blood lead (EBL) inspector/risk
assessor will evaluate the results of this testing to determine if the
recleaned components meet the clearance level. The components will be recleaned
and retested until the clearance level is met.
(7) The certified lead inspector/risk
assessor or certified elevated blood lead (EBL) inspector/risk assessor will
compare the residual lead level as determined by the laboratory analysis from
each composite dust sample with applicable single-surface clearance levels for
lead in dust on floors, interior windowsills, and window troughs divided by
half the number of subsamples in the composite sample. If the residual lead
level in a composite dust sample is greater than or equal to the applicable
clearance level divided by half the number of subsamples in the composite
sample, then all the components represented by the failed composite dust sample
will be recleaned and retested until clearance levels are met.
l. In multifamily housing
consisting of at least 20 similarly constructed and maintained residential
dwellings, random selection for the purpose of clearance testing may be
conducted if the following conditions are met:
(1) The certified lead inspector/risk
assessor or certified elevated blood lead (EBL) inspector/risk assessor will
randomly select the residential dwellings that will be sampled. The certified
lead abatement contractors and certified lead abatement workers who abate or
clean the dwellings do not know which residential dwellings will be selected
for the random selection or which rooms or surfaces will be selected for the
dust samples.
(2) The certified
lead inspector/risk assessor or certified elevated blood lead (EBL)
inspector/risk assessor will use Table 1 to determine the minimum number of
residential dwellings selected for dust sampling. This will provide a 95
percent level of confidence that no more than 5 percent or 50 of the
residential dwellings (whichever is smaller) in the randomly sampled population
are greater than or equal to the appropriate clearance levels.
(3) The certified lead inspector/risk
assessor or certified elevated blood lead (EBL) inspector/risk assessor will
sample the randomly selected residential dwellings and evaluate them for
clearance according to the procedures found in 70.6(6)"i"
through "k."
m. No later than three weeks after the
property passes clearance, the certified lead inspector/risk assessor or
certified elevated blood lead (EBL) inspector/risk assessor will send a report
to the lead abatement contractor that contains the items required by
70.6(6)"n"(7) through
70.6(6)"n"(9).
n.
The certified lead abatement contractor or a certified project designer will
prepare a lead abatement report containing the following information:
(1) A copy of the original and any revised
lead abatement notifications.
(2)
Starting and completion dates of the lead abatement project.
(3) The name, address, and telephone number
of the property owner(s).
(4) The
name, address, and signature of the certified lead abatement contractor and of
the certified firm contact for the firm conducting the lead
abatement.
(5) Whether or not
containment was used and, if containment was used, the locations of the
containment.
(6) The occupant
protection plan required by 70.6(6)"f."
(7) The name, address, and signature of each
certified lead inspector/risk assessor or certified elevated blood lead (EBL)
inspector/risk assessor conducting clearance sampling, the date on which the
clearance testing was conducted, the results of the visual inspection for the
presence of lead hazards that were not abated as specified, deteriorated paint
and visible dust, debris, residue, or paint chips in the interior rooms and
exterior areas where lead abatement was conducted, and the results of all
postabatement clearance testing and all soil analyses, if applicable. The
results of dust sampling will be reported in micrograms of lead per square foot
by location of sample, and the results of soil sampling will be reported in
parts per million of lead. The results will not be reported as "not
detectable." If random selection was used to select the residential dwellings
that were sampled, the report will state that random selection was used, the
number of residential dwellings that were sampled, and how this number was
determined.
(8) A statement that
the lead abatement was or was not done as specified and that the rooms and
exterior areas where lead abatement was conducted did or did not pass the
visual clearance and the clearance dust testing. If the certified lead
inspector/risk assessor or certified elevated blood lead (EBL) inspector/risk
assessor conducting the clearance testing cannot verify that all lead-based
paint hazards have been abated, the report will contain the following
statement:
"The purpose of this clearance report is to verify that the
lead abatement project was done according to the project specifications. This
residential dwelling may still contain hazardous lead-based paint, soil-lead
hazards, or dust-lead hazards in the rooms or exterior areas that were not
included in the lead abatement project."
(9) The name, address, and telephone number
of each recognized laboratory conducting an analysis of clearance samples and
soil samples, including the identification number for each such laboratory
recognized by EPA under Section 405(b) of the Toxic Substances Control
Act
(15 U.S.C.
2685(b)).
(10) A detailed written description of the
lead abatement project, including lead abatement methods used, locations of
rooms and components where lead abatement occurred, reasons for selecting
particular lead abatement methods, and any suggested monitoring of encapsulants
or enclosures.
(11) Information
regarding the owner's obligations to disclose known lead-based paint and
lead-based paint hazards upon sale or lease of residential property as required
by Subpart H of 24
CFR Part
35 and Subpart I of 40
CFR Part
745.
(12) Information regarding Iowa's
prerenovation notification requirements found in 641-Chapter 69; and
information regarding Iowa's regulations for renovation found in 641-Chapter
70.
(13) If applicable, a copy of
the written consent or waiver required by 70.6(13).
o. The lead abatement report will be
completed no later than 30 days after the lead abatement project passes
clearance testing.
p. The certified
lead abatement contractor will maintain all reports and plans required in this
subrule for a minimum of three years.
q. The certified lead abatement contractor
will provide a copy of all reports required by this subrule to the building
owner and to the person who contracted for the lead abatement, if
different.
(7) A certified
lead inspector/risk assessor, a certified elevated blood lead (EBL)
inspector/risk assessor, or a certified sampling technician will conduct visual
risk assessments according to the following standards. Provided that all of the
following standards are met, a certified lead inspector/risk assessor, a
certified elevated blood lead (EBL) inspector/risk assessor, or a certified
sampling technician may remotely conduct a visual risk assessment using
technology that allows for adequate visual evaluation of the painted surfaces.
Visual risk assessments will be conducted only by a certified lead
inspector/risk assessor, a certified elevated blood lead (EBL) inspector/risk
assessor, or a certified sampling technician.
a. 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 at least
one child under the age of six years will be collected.
b. A visual
inspection for risk assessment
will be undertaken to locate the existence of deteriorated paint and other
potential lead-based paint hazards and to assess the extent and causes of the
paint deterioration. A certified lead inspector/risk assessor, a certified
elevated blood lead (EBL) inspector/risk assessor, or a certified sampling
technician will assess each component in each room, including each exterior
side. A certified lead inspector/risk assessor, a certified elevated blood lead
(EBL) inspector/risk assessor, or a certified sampling technician will identify
the following conditions as potential lead-based paint hazards:
(1) All interior and exterior surfaces with
deteriorated paint.
(2) Horizontal
hard surfaces, including but not limited to floors and windowsills, that are
not smooth or cleanable.
(3)
Dust-generating conditions, including but not limited to conditions causing
rubbing, binding, or crushing of surfaces known or presumed to be coated with
lead-based paint.
(4) Bare soil in
the play area and dripline of the home.
c. A certified lead inspector/risk assessor,
a certified elevated blood lead (EBL) inspector/risk assessor, or a certified
sampling technician will prepare a written report for each residential dwelling
or child-occupied
facility where a visual risk assessment is conducted. No
later than three weeks after completing the visual risk assessment, the
certified lead inspector/risk assessor, certified elevated blood lead (EBL)
inspector/risk assessor, or certified sampling technician will send a copy of
the report to the property owner and to the
person requesting the visual risk
assessment, if different. A certified lead inspector/risk assessor, a certified
elevated blood lead (EBL) inspector/risk assessor, or a certified sampling
technician will maintain a copy of the report for no less than three years. The
report will include, at least:
(1) Date of
each visual risk assessment;
(2)
Address of building;
(3) Date of
construction;
(4) Apartment numbers
(if applicable);
(5) The 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 sampling technician, certified lead inspector/risk assessor,
or certified elevated blood lead (EBL) inspector/risk assessor conducting the
visual risk assessment;
(7) Name
and certification number of the certified firm(s) conducting the visual risk
assessment;
(8) A statement that
all painted or finished components will be assumed to contain lead-based
paint;
(9) Specific locations of
painted or finished components identified as likely to contain lead-based paint
and likely to be lead-based paint hazards;
(10) Specific locations of bare soil in the
play area and the dripline of a home;
(11) If a remote visual risk assessment is
conducted, a description of the methodologies used;
(12) Information for the owner and occupants
on how to reduce lead hazards in the residential dwelling or child-occupied
facility;
(13) Information
regarding the owner's obligations to disclose known lead-based paint and
lead-based paint hazards upon sale or lease of residential property as required
by Subpart H of 24
CFR Part
35 and Subpart I of 40
CFR Part
745;
(14) Information regarding Iowa's
prerenovation notification requirements found in 641-Chapter 69, and
information regarding Iowa's regulations for renovation found in 641-Chapter
70; and
(15) The following
statement:
"The Iowa Department of Inspections, Appeals, and Licensing may
review this report for compliance purposes. It is a violation of law for anyone
other than the certified lead professional signing it to alter this report.
This report may be supplemented with additional information, so long as any
addendum is signed by a sampling technician, lead inspector/risk assessor or
elevated blood lead (EBL) inspector/risk assessor certified according to Iowa
Administrative Code 641-70.3 (10A) and
70.5(10A)."
(8) A certified lead inspector/risk assessor,
a certified elevated blood lead (EBL) inspector/risk assessor, or a certified
sampling technician will conduct clearance testing according to the following
standards. Clearance testing following lead abatement will be conducted only by
a certified lead inspector/risk assessor or a certified elevated blood lead
(EBL) inspector/risk assessor. Clearance testing after renovation and clearance
testing after interim controls, paint stabilization, standard treatments,
ongoing lead-based paint maintenance, and rehabilitation pursuant to 24
CFR
Part
35 will be conducted only by certified sampling technicians, certified
lead inspector/risk assessors, or certified elevated blood lead (EBL)
inspector/risk assessors. If the abatement, renovation, or interim controls,
paint stabilization, standard treatments, ongoing lead-based paint maintenance,
or rehabilitation pursuant to 24
CFR Part
35 is conducted in response to an
elevated blood lead (EBL)
inspection, clearance will be conducted by a
certified elevated blood lead (EBL) inspector/risk assessor.
a. Clearance testing following lead abatement
will be conducted according to 70.6(6)"i" through
"m."
b. Clearance
testing after renovation and clearance testing after interim controls, paint
stabilization, standard treatments, ongoing lead-based paint maintenance, or
rehabilitation pursuant to 24
CFR Part
35 will be conducted according to the
following standards:
(1) A certified sampling
technician will perform clearance testing only for a single-family property or
for individual residential dwellings and associated common areas in multifamily
housing. A certified sampling technician will not perform clearance testing
using random selection of residential dwellings or common areas in multifamily
housing.
(2) A certified lead
inspector/risk assessor, a certified elevated blood lead (EBL) inspector/risk
assessor, or a certified sampling technician will review the report of the lead
inspection, risk assessment, or visual assessment done prior to interim
controls, paint stabilization, standard treatments, ongoing leadbased paint
maintenance, or rehabilitation conducted pursuant to 24
CFR Part
35 and the
project specifications to determine the lead-based paint hazards that were to
be controlled by the project. A certified lead inspector/risk assessor, a
certified elevated blood lead (EBL) inspector/risk assessor, or a certified
sampling technician will perform a visual
inspection to determine if all
lead-based paint hazards that were to be controlled by the project have been
controlled and to determine if deteriorated paint surfaces or visible amounts
of dust, debris, or residue are still present in the rooms where interim
controls, paint stabilization, standard treatments, ongoing lead-based paint
maintenance, or rehabilitation were conducted pursuant to 24
CFR Part
35. If
lead-based paint hazards that were to be controlled by the project,
deteriorated paint surfaces or visible amounts of dust, debris, or residue are
present in these rooms, these conditions must be eliminated prior to the
continuation of the clearance testing. However, elimination of deteriorated
paint is not required if it has been determined through a lead-based paint
inspection that the deteriorated paint is not lead-based paint. If exterior
painted surfaces have been disturbed by the interim controls, paint
stabilization, standard treatments, ongoing lead-based paint maintenance, or
rehabilitation conducted pursuant to 24
CFR Part
35, the visual
inspection will
include an assessment to determine if all exterior lead-based paint hazards
that were to be controlled by the project have been controlled and to determine
if any visible dust or debris remains on any horizontal surfaces in the outdoor
living areas close to the affected exterior painted surfaces. In addition, a
visual
inspection will be conducted to determine if paint chips are present on
the dripline or next to the foundation below any exterior painted surface that
was treated. If lead-based paint hazards that were to be controlled by the
project are still present, these conditions must be eliminated prior to the
continuation of the clearance procedures. If visible dust, debris, or paint
chips are present, they must be removed from the site and properly disposed of
according to all applicable federal, state, and local standards.
(3) Following the visual inspection and any
required cleanup, clearance sampling for lead in dust will be conducted.
Clearance sampling may be conducted by employing single-surface sampling or
composite dust sampling.
(4) Dust
samples will be collected a minimum of one hour after the completion of final
cleanup activities.
(5) Dust
samples will be collected by wipe samples using the documented methodologies
specified in guidance documents issued by the department. The minimum area for
a floor wipe sample will be 0.50 square feet or 72 square inches. The minimum
area for a windowsill wipe sample and for a window trough wipe sample will be
0.25 square feet or 36 square inches. Dust samples will be analyzed by a
recognized laboratory to determine the level of lead.
(6) The following clearance activities will
be conducted as appropriate based upon the extent or manner of renovation or of
interim controls, paint stabilization, standard treatments, ongoing lead-based
paint maintenance, or rehabilitation conducted pursuant to 24
CFR Part
35 in
the residential dwelling or child-occupied
facility:
1. After conducting renovation or interim
controls, paint stabilization, standard treatments, ongoing lead-based paint
maintenance, or rehabilitation pursuant to 24
CFR Part
35, with containment
between treated and untreated areas, three dust samples will be taken from each
of no fewer than four rooms, hallways, or stairwells within the containment
area. Dust samples will be taken from one interior windowsill and from one
window trough (if available), and one dust sample will be taken from the floor
of each of no fewer than four rooms, hallways, or stairwells within the
containment area. In addition, one dust sample will be taken from the floor
outside of each
individual containment area. If there are fewer than four
rooms, hallways, or stairwells within the containment area, then all rooms,
hallways, and stairwells will be sampled. Interior dust-lead testing will be
performed for all projects that include window replacement.
2. After conducting renovation or interim
controls, paint stabilization, standard treatments, ongoing lead-based paint
maintenance, or rehabilitation pursuant to 24
CFR Part
35, with no containment
between treated and untreated areas, three dust samples will be taken from each
of no fewer than four rooms, hallways, or stairwells in the residential
dwelling or child-occupied
facility. Dust samples will be taken from one
interior windowsill and window trough (if available), and one dust sample will
be taken from the floor of each room, hallway, or stairwell selected. If there
are fewer than four rooms, hallways, or stairwells in the residential dwelling
or child-occupied
facility, then all rooms, hallways, and stairwells will be
sampled. Interior dust-lead testing will be performed for all projects that
include window replacement.
(7) The contractors conducting the work or
cleaning the dwellings will not know which rooms or surfaces will be selected
for the dust samples.
(8) The
certified lead inspector/risk assessor, certified elevated blood lead (EBL)
inspector/risk assessor, or certified sampling technician will compare the
residual lead level as determined by the laboratory analysis from each
single-surface dust sample with applicable single-surface clearance levels for
lead in dust on floors, interior windowsills, and window troughs. If the
residual lead level in a singlesurface dust sample is greater than or equal to
the applicable clearance level for a floor, interior windowsill, or window
trough, then the failed component in each room with a failed single-surface
dust sample and that type of component in each room that was not tested will be
recleaned. Additional clearance samples will be taken from the failed component
in each room where it failed and from enough additional rooms that were not
previously tested so that four rooms are sampled. If four rooms are not
available, then each available room will be retested. The certified lead
inspector/risk assessor, certified elevated blood lead (EBL) inspector/risk
assessor, or certified sampling technician will evaluate the results of this
testing to determine if the recleaned components meet the clearance level. The
components will be recleaned and retested until the clearance level is
met.
(9) The certified lead
inspector/risk assessor, certified elevated blood lead (EBL) inspector/risk
assessor, or certified sampling technician will compare the residual lead level
as determined by the laboratory analysis from each composite dust sample with
applicable single-surface clearance levels for lead in dust on floors, interior
windowsills, and window troughs divided by half the number of subsamples in the
composite sample. If the residual lead level in a composite dust sample is
greater than or equal to the applicable clearance level divided by half the
number of subsamples in the composite sample, then all the components
represented by the failed composite dust sample will be recleaned and retested
until clearance levels are met.
c. In multifamily housing consisting of at
least 20 similarly constructed and maintained residential dwellings, random
selection for the purpose of clearance testing may be conducted if the
following conditions are met:
(1) The
certified lead inspector/risk assessor or certified elevated blood lead (EBL)
inspector/risk assessor will randomly select the dwellings that will be
sampled. The contractors and the workers who conducted the lead abatement,
interim controls, paint stabilization, standard treatments, ongoing lead-based
paint maintenance, or rehabilitation do not know which residential dwellings
will be selected for the random selection.
(2) The certified lead inspector/risk
assessor or certified elevated blood lead (EBL) inspector/risk assessor will
use Table 1 to determine the minimum number of dwellings selected for dust
sampling. This will provide a 95 percent level of confidence that no more than
5 percent or 50 of the residential dwellings (whichever is smaller) in the
randomly sampled population are greater than or equal to the appropriate
clearance levels.
(3) The certified
lead inspector/risk assessor or certified elevated blood lead (EBL)
inspector/risk assessor will sample the randomly selected residential dwellings
and evaluate them for clearance according to the procedures found in
70.6(6)"h" through "j."
(4) The clearance testing is conducted by a
certified lead inspector/risk assessor or a certified elevated blood lead (EBL)
inspector/risk assessor.
d. A clearance report will be prepared that
provides documentation of the lead abatement, renovation, or interim controls,
paint stabilization, standard treatments, ongoing lead-based paint maintenance,
or rehabilitation conducted pursuant to 24
CFR Part
35 as well as the clearance
testing. When lead abatement is performed, the report will be a lead abatement
report in accordance with 70.6(6)
"n." When renovation or
interim controls, paint stabilization, standard treatments, ongoing lead-based
paint maintenance, or rehabilitation pursuant to 24
CFR Part
35 is performed,
the certified lead inspector/risk assessor, certified elevated blood lead (EBL)
inspector/risk assessor, or certified sampling technician will prepare a
written report for each residential dwelling or child-occupied
facility where
clearance testing is conducted. No later than 30 days after the property passes
clearance, the certified lead inspector/risk assessor, certified elevated blood
lead (EBL) inspector/risk assessor, or certified sampling technician will send
a copy of the report to the property owner and to the
person requesting the
clearance testing, if different. The clearance report will include the
following information:
(1) The address of the
residential property and, if only part of a multifamily property is affected,
the specific dwelling units and common areas affected.
(2) The following information regarding the
clearance testing:
1. The date(s) of the
clearance testing.
2. The name,
address, and signature of each certified lead professional performing the
clearance examination, including the certification number.
3. The name and certification number of the
certified firm(s) conducting the clearance testing.
4. Whether or not containment was used and,
if containment was used, the locations of the containment.
5. If random selection was used to select the
residential dwellings that were sampled, the report will state that random
selection was used, the number of residential dwellings that were sampled, and
how this number was determined.
6.
The results of the visual
inspection for the presence of deteriorated paint and
visible dust, debris, residue, or paint chips in the rooms where renovation or
interim controls, paint stabilization, standard treatments, ongoing lead-based
paint maintenance, or rehabilitation was conducted pursuant to 24
CFR Part
35.
7. All of the results of the
analysis of dust samples, in micrograms per square foot, by location of sample.
The results will not be reported as "not detectable."
8. A statement that the renovation or interim
controls, paint stabilization, standard treatments, ongoing lead-based paint
maintenance, or rehabilitation conducted pursuant to 24
CFR Part
35 was or was
not done as specified and that the rooms and exterior areas where these
activities were conducted did or did not pass the visual clearance and the
clearance dust testing. If the certified lead inspector/risk assessor,
certified elevated blood lead (EBL) inspector/risk assessor, or certified
sampling technician conducting the clearance testing cannot verify that all
lead-based paint hazards have been controlled, the report will contain the
following statement:
"The purpose of this clearance report is to verify that this
lead hazard control project was done according to the project specifications.
This residential dwelling may still contain hazardous lead-based paint,
soil-lead hazards, or dust-lead hazards in the rooms or exterior areas that
were not included in the lead hazard control project."
9. The name, address, and telephone number of
each recognized laboratory conducting an analysis of the dust samples,
including the identification number for each such laboratory recognized by EPA
under Section 405(b) of the Toxic Substances Control
Act (15 U.S.C.
2685(b)).
(3) The following information on the
renovation or interim controls, paint stabilization, standard treatments,
ongoing lead-based paint maintenance, or rehabilitation pursuant to 24
CFR Part
35 for which clearance testing was performed:
1. The start and completion dates of the
renovation, interim controls, paint stabilization, standard treatments, ongoing
lead-based paint maintenance, or rehabilitation.
2. The name and address of each firm or
organization conducting the renovation, interim controls, paint stabilization,
standard treatments, ongoing lead-based paint maintenance, or rehabilitation
and the name of each supervisor assigned.
3. A detailed written description of the
renovation, interim controls, paint stabilization, standard treatments, ongoing
lead-based paint maintenance, or rehabilitation, including the methods used,
locations of exterior surfaces, interior rooms, common areas, and components
where the hazard reduction activity occurred.
4. If interim control of soil hazards was
conducted, a detailed description of the location(s) of the interim controls
and the method(s) used.
5.
Information regarding the owner's obligations to disclose known lead-based
paint and lead-based paint hazards upon sale or lease of residential property
as required by Subpart H of 24
CFR Part
35 and Subpart I of 40
CFR Part
745.
6. Information regarding
Iowa's prerenovation notification requirements found in 641-Chapter 69; and
information regarding Iowa's regulations for renovation found in 641-Chapter
70.
7. The report will contain the
statement set forth in 70.6(7)"c"(15).
e. A certified lead inspector/risk
assessor or a certified elevated blood lead (EBL) inspector/risk assessor or a
certified sampling technician will maintain a copy of the clearance testing
information included in the lead abatement report specified in
70.6(6)"m" for no fewer than three years. A certified lead
inspector/risk assessor, a certified elevated blood lead (EBL) inspector/risk
assessor, or a certified sampling technician will maintain a copy of the
clearance testing report specified in 70.6(8)"d" for no fewer
than three years.
f. Clearance
testing will be performed by persons or entities independent of those
performing lead abatement, renovation, interim controls, paint stabilization,
standard treatments, ongoing lead-based paint maintenance, or rehabilitation,
unless the designated party uses qualified in-house employees to conduct
clearance testing. An in-house employee will not conduct both lead abatement,
renovation, interim controls, paint stabilization, standard treatments, ongoing
lead-based paint maintenance, or rehabilitation and the clearance examination
for this work.
(9) A
certified lead inspector/risk assessor or a certified elevated blood lead (EBL)
inspector/risk assessor will conduct paint testing pursuant to 24
CFR Part
35
according to the following standards. Paint testing pursuant to 24
CFR Part
35
will be conducted only by a certified lead inspector/risk assessor or a
certified elevated blood lead (EBL) inspector/risk assessor.
a. When conducting paint testing in a
residential dwelling or child-occupied
facility, the certified lead
inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor
will use the following procedures:
(1) The
certified lead inspector/risk assessor or elevated blood lead (EBL)
inspector/risk assessor will test paint on each deteriorated paint surface and
on each painted surface that will be disturbed or replaced. On windows, the
window frame, interior windowsill, window sash, and window trough will each be
tested.
(2) Paint will be tested
using adequate quality control by X-ray fluorescence or by laboratory analysis
using a recognized laboratory to determine the presence of lead-based paint on
a surface. If testing by laboratory analysis, the certified lead inspector/risk
assessor or elevated blood lead (EBL) inspector/risk assessor will collect
paint samples using the documented methodologies specified in guidance
documents issued by the department. If testing by X-ray fluorescence, the
certified lead inspector/risk assessor or elevated blood lead (EBL)
inspector/risk assessor will use the following methodologies:
1. The certified lead inspector/risk assessor
or elevated blood lead (EBL) inspector/risk assessor will use an X-ray
fluorescence analyzer that has a performance characteristics sheet and will use
the X-ray fluorescence analyzer according to the performance characteristics
sheet.
2. The certified lead
inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor
will use the NIST 1.02 standard film or standards provided by the manufacturer
for calibration of the X-ray fluorescence analyzer. The certified lead
inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor
will not state that any surface is free of lead-based paint unless the NIST
1.02 standard film is used for calibration.
3. The certified lead inspector/risk assessor
or elevated blood lead (EBL) inspector/risk assessor will take calibration
readings consisting of an average of three readings at the beginning of the
inspection.
4. If recommended by
the performance characteristics sheet, the certified lead inspector/risk
assessor or elevated blood lead (EBL) inspector/risk assessor will conduct
substrate correction for all XRF readings less than 4.0 milligrams of lead per
square centimeter. For each substrate that requires substrate correction, the
certified lead inspector/risk assessor or elevated blood lead (EBL)
inspector/risk assessor will completely remove all paint from an area of two
different testing combinations for that substrate. If possible, the areas
chosen for substrate correction should have initial XRF readings of less than
2.5 milligrams of lead per square centimeter. For each testing combination, the
certified lead inspector/risk assessor or elevated blood lead (EBL)
inspector/risk assessor will remove paint from an area that is at least as
large as the XRF probe faceplate. On each of the two areas, the certified lead
inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor
will place the NIST 1.02 standard film over the surface, and take three XRF
readings with the XRF used to conduct the inspection. The certified lead
inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor
will calculate the arithmetic mean for these six readings and will subtract
1.02 from this arithmetic mean to obtain the substrate correction value. The
certified lead inspector/risk assessor or elevated blood lead (EBL)
inspector/risk assessor will then subtract the substrate correction value from
each XRF reading for the substrate requiring substrate correction to obtain the
corrected XRF reading. If the certified lead inspector/risk assessor or
elevated blood lead (EBL) inspector/risk assessor does not conduct substrate
correction where recommended by the performance characteristics sheet, then the
certified lead inspector/risk assessor or elevated blood lead (EBL)
inspector/risk assessor will assume that all of the readings are positive and
will not state that a surface is free of leadbased paint.
5. The certified lead inspector/risk assessor
or elevated blood lead (EBL) inspector/risk assessor will classify each XRF
reading that did not require substrate correction and each corrected XRF
reading for XRF readings that required substrate correction as positive,
negative, or inconclusive, according to the performance characteristics sheet
for the XRF. The certified lead inspector/risk assessor or elevated blood lead
(EBL) inspector/risk assessor will not discard XRF readings unless instructed
to do so by the performance characteristics sheet or the operating instructions
from the manufacturer. If the certified lead inspector/risk assessor or
elevated blood lead (EBL) inspector/risk assessor believes that a reading
classified as positive is in error, the certified lead inspector/risk assessor
or elevated blood lead (EBL) inspector/risk assessor will collect a paint
sample for laboratory analysis. The certified lead inspector/risk assessor or
elevated blood lead (EBL) inspector/risk assessor will change the positive
classification to negative only if the results of the laboratory analysis
indicate that the surface is not painted with lead-based paint. The certified
lead inspector/risk assessor or elevated blood lead (EBL) inspector/risk
assessor may assume that all inconclusive readings are positive and classify
them as such.
6. The certified lead
inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor
will resolve inconclusive readings as defined by the performance
characteristics sheet for the XRF by collecting paint samples for laboratory
analysis. If the certified lead inspector/risk assessor or elevated blood lead
(EBL) inspector/risk assessor does not resolve inconclusive readings by
laboratory analysis, then the certified lead inspector/risk assessor or
elevated blood lead (EBL) inspector/risk assessor will assume that the
inconclusive readings are positive.
b. If lead-based paint is identified through
paint testing, the certified lead inspector/risk assessor or elevated blood
lead (EBL) inspector/risk assessor will conduct a visual inspection to
determine the presence of lead-based paint hazards and any other potential lead
hazards, including bare soil in the dripline of a home where lead-based paint
is identified on exterior components or lead-based paint previously existed on
exterior components, but has been removed, enclosed, or encapsulated.
c. A certified lead inspector/risk assessor
or a certified elevated blood lead (EBL) inspector/risk assessor will prepare a
written report for each residential dwelling or child-occupied
facility where
paint testing is conducted. No later than three weeks after the receipt of
laboratory results, the certified lead inspector/risk assessor or certified
elevated blood lead (EBL) inspector/risk assessor will send a copy of the
report to the property owner and to the
person requesting the
inspection, if
different. A certified lead inspector/risk assessor or a certified elevated
blood lead (EBL) inspector/risk assessor will maintain a copy of each written
report for no less than three years. The report will include, at least:
(1) A statement that the inspection was
conducted to determine whether lead-based paint is present on deteriorated
paint surfaces and on painted surfaces that will be disturbed or
replaced;
(2) Date of the
testing;
(3) Address of
building;
(4) Date of
construction;
(5) Apartment numbers
(if applicable);
(6) The name,
address, and telephone number of the owner or owners of each residential
dwelling or child-occupied facility;
(7) Name, signature, and certification number
of each certified lead inspector/risk assessor or certified elevated blood lead
(EBL) inspector/risk assessor conducting the paint testing;
(8) Name and certification number of the
certified firm(s) conducting the paint testing;
(9) Name, address, and telephone number of
each laboratory conducting an analysis of collected samples;
(10) Each testing method and sampling
procedure employed for paint analysis, including quality control data and, if
used, the manufacturer, serial number, software, and operating mode of any XRF
analyzer;
(11) XRF readings taken
for calibration and calculations to demonstrate that the XRF is properly
calibrated;
(12) Specific locations
by room of each painted component tested for the presence of lead-based paint
and the results for each component expressed in terms appropriate to the
sampling method used;
(13) A
statement that all painted or finished components that were not tested will be
assumed to contain lead-based paint;
(14) A description of the location, type, and
severity of identified lead-based paint hazards, including the classification
of each tested surface as to whether it is a lead-based paint hazard, and any
other potential lead hazards, including bare soil in the dripline of a home
where lead-based paint is identified on exterior components or lead-based paint
previously existed on exterior components, but has been removed, enclosed, or
encapsulated;
(15) A description of
interim controls and lead 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 will recommend a
maintenance and monitoring schedule for the encapsulant or enclosure;
(16) Information regarding the owner's
obligations to disclose known lead-based paint and lead-based paint hazards
upon sale or lease of residential property as required by Subpart H of 24
CFR
Part
35 and Subpart I of 40
CFR Part
745 ;
(17) Information regarding Iowa's
prerenovation notification requirements found in 641-Chapter 69; and
information regarding Iowa's regulations for renovation found in 641-Chapter
70; and
(18) The report will
contain the statement set forth in
70.6(1)"a"(7)"19."
(10) A certified lead inspector/risk assessor
or a certified elevated blood lead (EBL) inspector/risk assessor will conduct
reevaluations according to the following standards. Reevaluations will be
conducted only by a certified lead inspector/risk assessor or a certified
elevated blood lead (EBL) inspector/risk assessor.
a. All available information regarding
lead-based paint for the property being reevaluated will be reviewed, including
but not limited to reports of any lead-based paint activities conducted in a
residential dwelling, multifamily dwelling, or child-occupied
facility.
b. A visual inspection of
the property will be undertaken to locate the existence of deteriorated paint;
bare soil; recommended lead abatement, interim controls, or standard treatments
that were not implemented; and failed interim controls, standard treatments,
encapsulation, or enclosure.
c.
Deteriorated paint for which the lead content is unknown will be tested for the
presence of lead.
d. Soil samples
will be collected and analyzed from bare soil for which the lead content is
unknown. Soil samples will be collected using the documented methodologies
specified in guidance documents issued by the department and will be analyzed
by a recognized laboratory to determine the level of lead.
e. If any lead-based paint hazards,
recommended lead abatement, interim controls, or standard treatments that were
not implemented, or failed interim controls, standard treatments,
encapsulation, or enclosure is identified, then the reevaluation is failed.
These conditions will be controlled through lead abatement or interim controls
before the reevaluation can continue. Clearance testing will be conducted
following control of the conditions through lead abatement or interim
controls.
f. If there are no
lead-based paint hazards present and all of the recommended lead abatement or
interim controls were implemented and have not failed, then single-surface or
composite dust samples will be collected. The reevaluation is passed if all of
the dust samples taken are below the clearance level.
g. In residential dwellings, single-surface
or composite dust samples will be collected from floors and interior
windowsills in at least four rooms, hallways, or stairwells where at least one
child under the age of six years is most likely to come in contact with
dust.
h. In multifamily dwellings,
single-surface or composite dust samples will also be collected from common
areas where at least one child under the age of six years is likely to come in
contact with dust.
i. In
child-occupied facilities, single-surface or composite dust samples will be
collected from the floor and interior windowsill in at least four rooms,
hallways, or stairwells utilized by one or more children under the age of six
years and in other common areas where the certified lead inspector/risk
assessor or certified elevated blood lead (EBL) inspector/risk assessor
determines that at least one child under the age of six years is likely to come
in contact with dust.
j. Dust
samples will be collected by wipe samples using the documented methodologies
specified in guidance documents issued by the department. The minimum area for
a floor wipe sample will be 0.50 square feet or 72 square inches. The minimum
area for a windowsill wipe sample and for a window trough wipe sample will be
0.25 square feet or 36 square inches. Dust samples will be analyzed by a
recognized laboratory to determine the level of lead.
k. Paint will be tested using adequate
quality control by X-ray fluorescence or by laboratory analysis using a
recognized laboratory to determine the presence of lead-based paint on a
surface. If tested by laboratory analysis, the paint will be sampled using the
documented methodologies specified in guidance documents issued by the
department. If testing by X-ray fluorescence, the certified lead inspector/risk
assessor or elevated blood lead (EBL) inspector/risk assessor will use the
following methodologies: paragraphs 70.6(9)"a"(2)"1" through
"6" are restated as if fully set forth herein.
l. When conducting reevaluation in
multifamily housing, a certified lead inspector/risk assessor or certified
elevated blood lead (EBL) inspector/risk assessor may sample each residential
dwelling or choose residential dwellings for sampling by random selection,
targeted selection, or worst case selection.
(1) If built before 1960 or if the date of
construction is unknown, the multifamily housing will contain at least 20
similarly constructed and maintained residential dwellings in order to use
random selection. If built from 1960 to 1977, the multifamily housing will
contain at least ten similarly constructed and maintained residential dwellings
in order to use random selection. The certified lead inspector/risk assessor or
elevated blood lead (EBL) inspector/risk assessor will use Table 1 to determine
the number of residential dwellings to randomly select for testing.
(2) If the multifamily housing contains five
or more similar residential dwellings, the certified lead inspector/risk
assessor or elevated blood lead (EBL) inspector/risk assessor may use targeted
selection. If using targeted selection, the certified lead inspector/risk
assessor or elevated blood lead (EBL) inspector/risk assessor will use Table 2
to determine the number of residential dwellings to
test. If the multifamily
housing has fewer than 5 similar dwellings, all residential dwellings will be
tested. Residential dwellings chosen by targeted selection will meet as many of
the following criteria as possible. If additional residential dwellings are
needed to meet the minimum number specified in Table 2, the certified lead
inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor
will select them randomly. If too many residential dwellings meet the criteria,
residential dwellings will be eliminated randomly. Targeted selection criteria
are as follows:
1. The residential dwelling
has been cited with a housing or building code violation within the past
year.
2. The property owner
believes that the residential dwelling is in poor condition.
3. The residential dwelling contains two or
more children between the ages of six months and six years. The certified lead
inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor
will give preference to residential dwellings that house the largest number of
children.
4. The residential
dwelling serves as a child-occupied facility.
5. The residential dwelling has been prepared
for reoccupancy within the past three months.
(3) If the multifamily housing contains five
or more similar residential dwellings, the certified lead inspector/risk
assessor or elevated blood lead (EBL) inspector/risk assessor may use worst
case selection. If using worst case selection, the certified lead
inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor
will use Table 2 to determine the number of residential dwellings to test. If
the multifamily housing has fewer than five similar dwellings, all residential
dwellings will be tested.
(4) The
following standards will be used to determine the extent of lead-based paint
hazards throughout multifamily housing that is sampled by random selection,
targeted selection, or worst case selection:
1. The certified lead inspector/risk assessor
or elevated blood lead (EBL) inspector/risk assessor will calculate the
arithmetic mean of the dust-lead levels for carpeted floors, uncarpeted floors,
interior windowsills, and window troughs. If the arithmetic mean is greater
than or equal to the level defined as a dust-lead hazard for the component,
then the certified lead inspector/risk assessor or elevated blood lead (EBL)
inspector/risk assessor will determine that a dust-lead hazard has been
identified on the component throughout the multifamily housing. If the
arithmetic mean is less than the level defined as a dust-lead hazard for the
component, but some of the individual components have dust-lead levels that are
greater than or equal to the level defined as a dust-lead hazard, then the
certified lead inspector/risk assessor or elevated blood lead (EBL)
inspector/risk assessor will determine that a dust-lead hazard has been
identified on the individual components and on all other similar components
throughout the multifamily housing.
2. The certified lead inspector/risk assessor
or elevated blood lead (EBL) inspector/risk assessor will evaluate the results
of paint sampling by component and location. If all components at a given
location are determined to be painted with lead-based paint or are determined
not to be painted with lead-based paint, the certified lead inspector/risk
assessor or elevated blood lead (EBL) inspector/risk assessor may assume this
condition is true for all similar residential dwellings. The certified lead
inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor
will not assume that the multifamily housing is free of lead-based paint. If a
component at a given location is found to be painted with lead-based paint in
some residential dwellings and not painted with lead-based paint in other
residential dwellings, the certified lead inspector/risk assessor or elevated
blood lead (EBL) inspector/risk assessor will assume that the component is a
lead-based paint hazard in all similar residential dwellings.
m. If reevaluation is
conducted, the first reevaluation will be conducted no later than two years
from completion of lead abatement, interim controls, or standard treatments.
Subsequent reevaluation will be conducted at intervals of two years, plus or
minus 60 days. To be exempt from additional reevaluation, a residential
dwelling or child-occupied facility will have at least two consecutive passing
reevaluations conducted at such two-year intervals. If, however, a reevaluation
fails, at least two more consecutive reevaluations conducted at such two-year
intervals will be conducted.
n. A
certified lead inspector/risk assessor or certified elevated blood lead (EBL)
inspector/risk assessor will prepare a written report for each residential
dwelling or child-occupied
facility where a reevaluation is conducted. No later
than three weeks after the receipt of laboratory results, the certified lead
inspector/risk assessor or certified elevated blood lead (EBL) inspector/risk
assessor will send a copy of the report to the property owner and to the
person
requesting the reevaluation, if different. A certified lead inspector/risk
assessor or certified elevated blood lead (EBL) inspector/risk assessor will
maintain a copy of the report for no less than three years. The report will
include, at least:
(1) Date of each
reevaluation;
(2) Address of
building;
(3) Date of
construction;
(4) Apartment numbers
(if applicable);
(5) The 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 lead inspector/risk assessor or certified elevated blood lead
(EBL) inspector/risk assessor conducting the reevaluation;
(7) Name and certification number of the
certified firm(s) conducting the reevaluation;
(8) All of the information gathered for the
review as outlined in 70.6(10)"a";
(9) Results of the visual inspection
including details of any newly identified lead-based paint hazards, the status
of past lead hazard control measures, and repair options for any lead-based
paint hazards identified during the reevaluation;
(10) An indication of whether or not the
property passed or failed the reevaluation;
(11) An indication of when the next
reevaluation, if any, should occur;
(12) The results of any environmental samples
taken, including all XRF readings, all laboratory analyses and clearance
testing results, if necessary;
(13)
Name, address, and telephone number of each recognized laboratory conducting an
analysis of collected samples, including the identification number for each
such laboratory recognized by EPA under Section 405(b) of the Toxic Substances
Control
Act (15 U.S.C.
2685(b));
(14) Information regarding the owner's
obligations to disclose known lead-based paint and lead-based paint hazards
upon sale or lease of residential property as required by Subpart H of 24
CFR
Part
35 and Subpart I of 40
CFR Part
745 ;
(15) Information regarding Iowa's
prerenovation notification requirements found in 641-Chapter 69; and
information regarding Iowa's regulations for renovation found in 641-Chapter
70; and
(16) The report will
contain the statement set forth in 70.6(7)"c"(15).
(11) All renovations
performed in target housing and child-occupied facilities, except for emergency
renovations and
minor repair and maintenance activities, will be performed
according to the work practice standards in 70.6(11). Renovation activities
conducted in housing or on surfaces determined to be free of lead-based paint
by a certified lead inspector/risk assessor or certified elevated blood lead
(EBL) inspector/risk assessor will be exempt from all work practice standards
except recordkeeping. All renovations will be performed by a certified firm
under the supervision of a certified lead abatement contractor or a certified
lead abatement
worker or will be performed by a certified lead-safe renovator
in accordance with the requirements below.
a.
A firm will assign at least one certified lead abatement contractor, a
certified lead abatement
worker, or a certified lead-safe renovator to each
individual renovation project. The certified lead abatement contractor,
certified lead abatement
worker, or certified lead-safe renovator assigned to
each
individual renovation project will ensure the following:
(1) A certified lead abatement contractor, a
certified lead abatement worker, or a certified lead-safe renovator will be on
site during all worksite preparation and during the cleanup of work areas. At
all other times when renovation is being conducted, a certified lead abatement
contractor, a certified lead abatement worker, or a certified lead-safe
renovator will be on site or available by telephone or answering service and be
able to be present at the worksite in no more than two hours.
(2) Signs are posted and readable. All signs
will be posted before the renovation begins and will remain in place until the
postrenovation cleaning verification has been completed.
1. To the extent practicable, all signage
will be posted in the occupants' primary language.
2. The signs will clearly define the work
area.
3. The signs will warn
occupants and other persons not involved with the renovation activity to remain
outside the work area.
4. The signs
will be posted at the entrance(s) to all work areas.
(3) The work area will be effectively
contained before the renovation is begun. To be effective, containment will:
1. Isolate the work area so that no dust or
debris leaves the work area while the renovation is being performed.
2. Be monitored and maintained so that any
plastic or other impermeable materials are not torn or displaced.
3. Be installed in such a manner that it does
not interfere with occupant and worker egress in an emergency.
(4) For interior renovations,
containment will include:
1. The removal or
covering of all objects from the work area. Objects that are not removed from
the work area will be covered with plastic sheeting or other impermeable
material with all seams and edges taped or otherwise sealed.
2. Closing and covering all duct openings in
the work area. Ducts will be covered with plastic sheeting or other impermeable
material that is taped down.
3.
Closing windows and doors in the work area. Doors will be covered with plastic
sheeting or other impermeable material. Doors used as an entrance to the work
area will be covered with plastic sheeting or other impermeable material in a
manner that allows workers to pass through while confining dust and debris to
the work area.
4. Covering the
floor surface, including installed carpet, with taped-down plastic sheeting or
other impermeable material in the work area six feet beyond the perimeter of
the surfaces undergoing renovation or a sufficient distance to contain the
dust, whichever is greater.
5.
Ensuring that all personnel, tools, and other items, including the exteriors of
containers of waste, are free of dust and debris before leaving or being
removed from the work area.
(5) For exterior renovations, containment
will include:
1. Closing all doors and windows
within 20 feet of the renovation. On multistory buildings, all doors and
windows within 20 feet of the renovation on the same story as the renovation
will be closed, and all doors and windows on all stories below the renovation
that are the same horizontal distance from the renovation will be
closed.
2. Ensuring that doors
within the work areas that will be used while the renovation is being performed
are covered with plastic sheeting or other impermeable material in a manner
that allows workers to pass through while confining dust and debris to the work
area.
3. Covering the ground with
plastic sheeting or other disposable impermeable material extending ten 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 ten feet of such ground cover. Exteriorground cover will include
anchors or weights to ensure the covering remains effective even during weather
conditions such as high wind.
4.
Vertical containment. In certain situations, such as where other buildings are
in close proximity to the work area, when conditions are windy, or where the
work area abuts a property line, the certified lead abatement contractor,
certified lead abatement worker, or certified lead-safe renovator will erect a
system of vertical containment designed to prevent dust and debris from
migrating to adjacent property or contaminating the ground, other buildings, or
any object beyond the work area.
(6) Prohibited practices are not used during
the renovation. Prohibited practices include:
1. Open-flame burning or torching of
paint.
2. Machine sanding
orgrinding or abrasive blasting or sandblasting of paint unless used with
high-efficiency particulate air (HEPA) exhaust control that removes particles
of 0.3 microns or larger from the air at 99.97 percent orgreater
efficiency.
3. Uncontained water
blasting of paint.
4. Dry scraping
or dry sanding of paint except in conjunction with the use of a heat gun or
around electrical outlets.
5.
Operating a heat gun at a temperature at or above 1,100 degrees
Fahrenheit.
(7) All
workers who are not certified lead abatement contractors, certified lead
abatement workers, or certified lead-safe renovators must have on-the-job
training as required by 70.6(11)
"d." However, on-the-job
training does not meet the training requirement for work conducted pursuant to
24
CFR
35.1340.
(8) If desired, perform all testing with
recognized test kits in accordance with 70.6(11)"e."
(9) Perform the postrenovation cleaning
verification as outlined in 70.6(11)"b."
(10) All
waste generated during renovation
activities is contained to prevent the release of dust and debris before the
waste is removed from the work area for storage or disposal. Any chutes used to
remove
waste from the work area will be covered.
1. At the conclusion of each workday and at
the conclusion of the renovation, waste that has been collected from renovation
activities will be stored under containment, in an enclosure, or behind a
barrier that prevents release of dust and debris out of the work area and
prevents access to dust and debris.
2. All waste from renovation activities will
be contained during transportation so that no dust or debris is
released.
(11) The work
area will be cleaned so that no dust, debris, or residue remains after the
renovation. Cleaning will include:
1. The
collection of all paint chips and debris and, without dispersing the paint
chips and debris, the sealing of the materials in heavy-duty bags.
2. The removal of the protective sheeting
used as required in this subrule. The sheeting will be misted, then the
sheeting will be folded dirty side inward. All sheeting will be taped shut or
otherwise sealed inside heavy-duty bags. Sheeting used to separate work areas
from non-work areas will remain in place until after the cleaning and removal
of other sheeting. All sheeting will be disposed of as waste.
3. For interior renovations, all objects and
surfaces in the work area and within two feet of the work area will be cleaned
from high to low in the following manner:
* Walls will either be vacuumed with a HEPA vacuum or wiped
with a wet cloth, beginning at the ceiling and working toward the floor.
* All remaining surfaces including objects and fixtures will
be thoroughly vacuumed with a HEPA vacuum. For carpeted floors and rugs, the
HEPA vacuum must be equipped with a beater bar.
* All remaining surfaces, except for carpeted or upholstered
surfaces, will also be wiped with a damp cloth. Uncarpeted floors will be
thoroughly mopped using a method that keeps the wash water separate from the
rinse water, such as the two-bucket mopping method, or using a wet mopping
system.
b. Postrenovation cleaning verification. A
certified lead abatement contractor, certified lead abatement
worker, or
certified lead-safe renovator will use the following procedure for conducting
postrenovation cleaning verification. In lieu of postrenovation cleaning
verification, clearance testing as outlined in 70.6(8) can be performed. If the
work is done in response to an elevated blood lead (EBL)
inspection, clearance
testing will be performed by a certified elevated blood lead (EBL)
inspector/risk assessor in lieu of postrenovation cleaning verification.
Warning signs may be removed after all of the work areas in a renovation
project have been adequately cleaned and verified or passed clearance testing.
(1) For interior renovations, the certified
lead abatement contractor, certified lead abatement
worker, or certified
lead-safe renovator will perform a visual
inspection to determine whether dust,
debris, or residue is still present. If dust, debris, or residue is still
present, these conditions will be removed by recleaning, and another visual
inspection will be performed. Following a successful visual
inspection, a
certified lead abatement contractor, certified lead abatement
worker, or
certified lead-safe renovator will:
1. Verify
that each windowsill and window trough in the work area has been adequately
cleaned, using the following procedure:
* Wipe the windowsill and window trough with a wet disposable
cleaning cloth that is damp to the touch. If the cloth matches or is lighter
than the cleaning verification card, the windowsill has been adequately
cleaned.
* If the cloth does not match and is darker than the cleaning
verification card, reclean the windowsill or window trough as directed in
70.6(11)"a"(11). Then wipe the windowsill or window trough
again, using a new cloth or the same cloth folded in such a way that an unused
surface is exposed. If the cloth matches or is lighter than the cleaning
verification card, that windowsill has been adequately cleaned.
* If the cloth does not match and is darker than the cleaning
verification card, wait for one hour or until the surface has dried completely,
whichever is longer.
* After waiting for the windowsill or window trough to dry,
wipe the windowsill or window trough with a dry disposable cleaning cloth.
After this wipe, that windowsill or window trough has been adequately
cleaned.
2. Verify that
uncarpeted floors and countertops in the work area have been adequately
cleaned, using the following procedure. If the surface within the work area is
greater than 40 square feet, the surface within the work area will be divided
into roughly equal sections that are each less than 40 square feet.
* Wipe uncarpeted floors and countertops within the work area
with a wet disposable cleaning cloth. Floors will be wiped using an application
device with a long handle and a head to which the cloth is attached. The cloth
will remain damp at all times while it is being used to wipe the surface for
postrenovation cleaning verification. Wipe each such section separately with a
new wet disposable cleaning cloth. If the cloth used to wipe each section of
the surface within the work area matches or is lighter than the cleaning
verification card, the surface has been adequately cleaned.
* If the cloth does not match and is darker than the cleaning
verification card, reclean the surface as in 70.6(11)"a"(11).
Then wipe the floor or countertop again, using a new cloth. If the cloth
matches or is lighter than the cleaning verification card, that surface has
been adequately cleaned.
* If the cloth does not match and is darker than the cleaning
verification card, wait for one hour or until the surface has dried completely,
whichever is longer.
* After waiting for the surface to dry, wipe each section of
the surface that has not yet achieved the postrenovation cleaning verification
with a dry disposable cleaning cloth. After this wipe, that surface has been
adequately cleaned.
(2) For exterior renovations, the certified
lead abatement contractor, certified lead abatement worker, or certified
lead-safe renovator will perform a visual inspection to determine whether dust,
debris, or residue is still present on surfaces in and below the work area,
including windowsills and the ground. If dust, debris, or residue is present,
these conditions must be eliminated and another visual inspection will be
performed. When the area passes the visual inspection, the exterior has been
adequately cleaned.
(3) A certified
lead abatement contractor, certified lead abatement worker, or certified
lead-safe renovator will only use cleaning verification cards that are approved
by the U.S. EPA and have not expired.
c. Clearance testing. Postrenovation cleaning
verification is not required if the contract between the renovation firm and
the
person contracting for the renovation or another federal, state,
territorial, tribal, or local law or regulation requires the renovation firm to
perform clearance testing at the conclusion of a renovation covered by this
chapter.
(1) The dust samples will be
collected by a certified lead inspector/risk assessor, certified elevated blood
lead (EBL) inspector/risk assessor, or certified sampling technician. If the
work is done in response to an elevated blood lead (EBL) inspection, the dust
samples will be collected by a certified elevated blood lead (EBL)
inspector/risk assessor.
(2) The
firm conducting the renovation is required to reclean the work area until the
dust clearance sample results are below the clearance standards in
70.6(8).
d. On-the-job
training. The certified lead abatement contractor, certified lead abatement
worker, or certified lead-safe renovator assigned to the renovation project
will ensure that each noncertified
individual conducting renovation activities
has been or is currently being trained on how to safely conduct renovation
activities. However, on-the-job training does not meet the training requirement
for work conducted pursuant to 24
CFR Part
35 .
(1) All on-the-job training will be conducted
by a certified lead abatement contractor, certified lead abatement worker, or
certified lead-safe renovator.
(2)
Each noncertified
individual will be trained by a certified lead abatement
contractor, certified lead abatement
worker, or certified lead-safe renovator
who is employed by the same certified firm. On-the-job training does not meet
the requirement for work conducted pursuant to 24
CFR Part
35.
(3) On-the-job training will be specific for
the type of work the noncertified
individual is performing and must include at
least the following topics:
1. An overview of
the requirements described in this chapter.
2. An overview of the health effects of lead
poisoning.
3. Methods to prevent
taking lead dust home from the worksite.
4. How and why to properly set up a work area
for lead-safe renovations.
5. How
and where to properly post signage.
6. Personal protection.
7. How and why to properly set up
containment.
8. How and why to
minimize dust and debris.
9. Proper
cleaning techniques and timelines for cleaning in renovation
activities.
10. How to properly
handle and control waste generated from renovation activities.
11. An overview of the postrenovation
cleaning verification and clearance testing.
12. An overview of the prerenovation
notification requirements found in 641-Chapter 69.
13. Prohibited work practices.
e. Recognized test kits.
A certified lead abatement contractor, certified lead abatement worker, or
certified lead-safe renovator may use recognized test kits to determine whether
surfaces to be affected by renovation activities are painted with lead-based
paint. The result from each individual test performed applies only to the
individual surface tested. Surfaces that are determined by proper use of a
recognized test kit to be free of lead-based paint are exempt from the
requirements of 70.6(11)"a" through"d."
Results obtained from recognized test kits are only valid if the testing was
performed according to the manufacturer's directions. A certified lead
abatement contractor, certified lead abatement worker, or certified lead-safe
renovator will not discard a valid result from a recognized test kit.
f. A certified lead abatement contractor,
certified lead abatement
worker, or certified lead-safe renovator will complete
a written report when conducting a renovation. The report will include the
results of any testing performed with a recognized
test kit, information
regarding the work practices used in the renovation and, if applicable, a copy
of the clearance testing report. When the final invoice for the renovation is
delivered or within 30 days after the renovation
activity is complete,
whichever is earlier, the certified lead abatement contractor, certified lead
abatement
worker, or certified lead-safe renovator will send a copy of the
report to the owner of the building. If the renovation took place within a
residential dwelling, the certified lead abatement contractor, certified lead
abatement
worker, or certified lead-safe renovator will send a copy of the
report to an
adult occupant of the residential dwelling and to the
person
requesting the renovation, if different from the owner. If the renovation took
place within a child-occupied
facility, the certified lead abatement
contractor, certified lead abatement
worker, or certified lead-safe renovator
will send a copy of the report to an
adult representative of the child-occupied
facility and to the
person requesting the renovation, if different from the
owner. If the renovation took place within common areas of multifamily target
housing, the certified lead abatement contractor, certified lead abatement
worker, or certified lead-safe renovator will post in areas where it is likely
to be seen by the occupants of all of the affected units the report required by
this paragraph or instructions on how interested occupants can obtain a copy of
this report at no charge. If the renovation took place within a child-occupied
facility, the certified lead abatement contractor, certified lead abatement
worker, or certified lead-safe renovator will post in areas where it is likely
to be seen by the parents orguardians of children frequenting the
child-occupied
facility the report required by this paragraph or instructions
on how interested parents orguardians of children frequenting the
child-occupied
facility can obtain a copy of this report at no charge. A
certified lead abatement contractor, certified lead abatement
worker, or
certified lead-safe renovator will maintain a copy of the report for no less
than three years. The report will include, at least:
(1) The date(s) of the renovation.
(2) Address of the building, including
apartment numbers, if applicable.
(3) The name, address, and telephone number
of the owner(s) of the address(es) where the renovation took place.
(4) The name, address, signature,
certification number, and telephone number of the certified lead abatement
contractor, certified lead abatement worker, or certified lead-safe renovator
who performed the renovation.
(5)
The name and certification number of the certified firm performing the
renovation.
(6) If testing was
performed with a recognized test kit, the location of each test. The location
will be specific to the room and component.
(7) The results of testing. The results will
be classified as either positive for lead-based paint or negative for
lead-based paint.
(8) The name and
manufacturer of the recognized test kit(s) used, the expiration date, and the
EPA approval number.
(9) The work
practices used in the renovation, including the location(s) where each work
practice was used. The location will be specific to the room and
component.
(10) If applicable, a
copy of the clearance report.
(11)
Information regarding the owner's obligations to disclose known lead-based
paint and lead-based paint hazards upon sale or lease of residential property
as required by Subpart H of 24
CFR Part
35 and Subpart I of 40
CFR Part
745.
(12) Information regarding
Iowa's prerenovation notification requirements found in 641-Chapter 69; and
information regarding Iowa's regulations for renovation, remodeling and
repainting found in 641-Chapter 70.
g. Recordkeeping. Records will be kept for
each renovation project that involves target housing or child-occupied
facilities. The records for each renovation will include:
(1) The name and certification number of the
certified lead abatement contractor, certified lead abatement worker, or
certified lead-safe renovator responsible for the renovation.
(2) The name and certification number of the
certified firm that performed the renovation.
(3) The address(es) of the property where the
renovation activity was performed.
(4) The name, address, and telephone number
of the property owner where the renovation activity was performed.
(5) Renovations considered emergency pursuant
to
641-70.2 (10A) will contain a
description of the circumstances explaining why the renovations were
immediately required and which work practice standards were not followed as a
result.
(6) Any reports or
documentation completed by a certified lead professional concerning the
renovation project, including documentation from certified lead inspector/risk
assessors or certified elevated blood lead (EBL) lead inspector/risk assessors
regarding housing, components, or surfaces that have been determined to be free
of lead-based paint and clearance reports from clearance testing performed in
lieu of postrenovation cleaning verification.
(7) Documentation that each noncertified
individual working on the renovation project had, or was receiving, the
appropriate on-the-job training outlined in 70.6(11)
"d." The
documentation will include the names of all of the noncertified individuals who
worked on the renovation. However, on-the-job training does not meet the
training requirement for work conducted pursuant to
24
CFR
35.1340.
(8) Documentation that the certified
lead-safe renovator followed the work practices for renovation activities
outlined in 70.6(11). This will include documentation that the following work
practices were followed:
1. Signs were posted
at the entrance to the work area.
2. The work area was contained.
3. All objects in the work area were covered
or removed.
4. All HVAC ducts in
the work area were closed and covered.
5. All windows in the work area were closed,
and all windows within 20 feet of exterior work areas were closed.
6. All doors not used to enter the work area
were closed and sealed, and all doors within 20 feet of exterior work areas
were closed and sealed.
7. All
doors used as an entrance to the work area had containment in place to prevent
the spread of dust and debris.
8.
All floors in the work area were covered for a sufficient distance to contain
the dust and debris from the renovation.
9. Adequate ground cover was in place to
contain the dust and debris for exterior renovations.
10. Adequate vertical containment was in
place to contain the dust and debris for exterior renovations.
11. All waste generated during the
renovations was contained throughout the renovation and the transportation to
disposal.
(9)
Documentation that the renovation work area was cleaned and passed the
postrenovation cleaning verification procedures outlined in
70.6(11)"b," including the expiration date of the cleaning
verification cards used.
(10)
Documentation regarding the use of any recognized test kits outlined in
70.6(11)"e." The documentation will include a copy of the
written report required by 70.6(11)"f."
h. Emergency renovations.
(1) Renovation activities that are deemed to
be an emergency are exempt from the certification requirements and all of the
work practice standards, except for the cleaning requirements, postrenovation
cleaning verification, and the written report required by
70.6(11)"f." All postrenovation cleaning will take place under
the direction of a certified lead abatement contractor, certified lead
abatement worker, or certified lead-safe renovator. The postrenovation cleaning
verification after an emergency renovation will be performed by a certified
lead abatement contractor, certified lead abatement worker, or certified
lead-safe renovator.
(2) Emergency
renovations that are required as a result of an elevated blood lead (EBL)
inspection are initially exempt from the certification requirements. The work
practice standards found in 70.6(11)"a" will apply. All
individuals who perform emergency renovations in response to an elevated blood
lead (EBL) inspection are required to obtain certification as a lead-safe
renovator, lead abatement contractor, or lead abatement worker within six
months from the date the elevated blood lead (EBL) inspection report was
issued. Renovations and interim controls performed in response to an elevated
blood lead (EBL) inspection are required to pass clearance testing that is
performed by a certified elevated blood lead (EBL) inspector/risk
assessor.
(12)
A person may be certified as a lead inspector/risk assessor, sampling
technician, or elevated blood lead (EBL) inspector/risk assessor and as a lead
abatement contractor or lead abatement worker. Except as specified by
70.6(6)"k" and 70.6(8)"f," a person who is
certified both as a lead inspector/risk assessor, sampling technician, or
elevated blood lead (EBL) inspector/risk assessor and as a lead abatement
contractor or lead abatement worker will not provide both lead inspection or
visual risk assessment and lead abatement services at the same site unless a
written consent or waiver, following full disclosure by the person, is obtained
from the owner or manager of the site.
(13) Any paint chip, dust, or soil samples
collected pursuant to the work practice standards contained in 70.6(1) through
70.6(6) and 70.6(9) will be collected by persons certified as a lead
inspector/risk assessor or an elevated blood lead (EBL) inspector/risk
assessor. Any paint chip, dust, or soil samples collected pursuant to the work
practice standards contained in 70.6(8) for clearance testing following lead
abatement will be collected by persons certified as a lead inspector/risk
assessor or an elevated blood lead (EBL) inspector/risk assessor. Any dust or
soil samples collected pursuant to the work practice standards contained in
70.6(8) for clearance testing after renovation or interim controls, paint
stabilization, standard treatments, ongoing lead-based paint maintenance, and
rehabilitation pursuant to 24
CFR Part
35 will be collected only by certified
sampling technicians, certified lead inspector/risk assessors, or certified
elevated blood lead (EBL) inspector/risk assessors. Any paint chip, dust, or
soil samples collected pursuant to the work practice standards contained in
641-70.6 (10A) will be analyzed
by a recognized laboratory.
(14)
Composite dust sampling will be conducted only in the situations specified in
70.6(4) through 70.6(6) and 70.6(8). If composite sampling is conducted, it
will meet the following requirements:
a.
Composite dust samples will consist of at least two subsamples.
b. Every component that is being tested will
be included in the sampling.
c.
Composite dust samples will not consist of subsamples from more than one type
of component.
d. The results of
composite dust samples will be evaluated by comparing the residual lead level
as determined by the laboratory analysis from each composite dust sample with
applicable single-surface dust-lead hazard or clearance levels for lead in dust
on floors, interior windowsills, and window troughs divided by half the number
of subsamples in the composite sample.