Iowa Code r. 641-70.6 - Work practice standards for lead professionals conducting lead-based paint activities in target housing and child-occupied facilities
All lead-based paint activities shall be performed according to the work practice standards in 641-70.6 (135), and a certified individual must perform that activity in compliance with the appropriate requirements below.
(1) A certified
lead inspector/risk assessor or a certified elevated blood lead (EBL)
inspector/risk assessor must conduct a lead-free inspection according to the
following standards. A lead-free inspection shall 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
shall use the following procedures:
(1) The
certified lead inspector/risk assessor or elevated blood lead (EBL)
inspector/risk assessor shall 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
shall test each testing combination in each room. On windows, the window frame,
interior windowsill, window sash, and window trough shall each be considered a
separate testing combination. Except for walls, one sample shall be taken for
each testing combination in a room. Each wall in a room shall be tested. The
certified lead inspector/risk assessor or elevated blood lead (EBL)
inspector/risk assessor shall 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 shall test the component.
(3) The certified lead inspector/risk
assessor or elevated blood lead (EBL) inspector/risk assessor shall 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 shall 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 shall 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 shall 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 shall use the following methodologies:
1. The certified lead inspector/risk assessor
or elevated blood lead (EBL) inspector/risk assessor shall use an X-ray
fluorescence analyzer that has a performance characteristics sheet and shall
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 shall 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
shall 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 shall 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
shall 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
shall 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 shall 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 shall calculate the arithmetic mean
for these six readings and shall 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 shall then
subtract the substrate correction value from each XRF reading for the substrate
requiring substrate correction to obtain the corrected XRF reading. For
example, if the six readings taken on the NIST 1.02 standard film were 1.1,
1.3, 1.4, 1.0, 1.2, and 1.1, the arithmetic mean is calculated by the equation
(1.1 + 1.3 + 1.4 + 1.0 + 1.2 + 1.1)/6 and is equal to 1.18. The substrate
correction value is equal to 1.18 minus 1.02, or 0.16.
5. The certified lead inspector/risk assessor
or elevated blood lead (EBL) inspector/risk assessor shall 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 shall 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 shall collect a paint
sample for laboratory analysis. The certified lead inspector/risk assessor or
elevated blood lead (EBL) inspector/risk assessor shall 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 shall 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 shall 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
shall conduct retesting of 10 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 shall be repeated with
10 additional surfaces. If the retest tolerance limit is not met with the 20
retested surfaces, then all results of the inspection shall 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 must 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 shall 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 shall 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 shall maintain a
copy of each written report for no less than three years. The report shall
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 10 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 shall 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 lead-based 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 shall 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 shall contain the following
statement:
"The Iowa Department of Public Health 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 (135) and 70.5(135)."
b. When conducting a lead-free inspection in
multifamily housing, the certified lead inspector/risk assessor or elevated
blood lead (EBL) inspector/risk assessor shall 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 shall 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 shall contain at
least 10 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 shall
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 shall randomly select the residential dwellings to be
tested. The property owner, manager, or another interested party shall not
specify which residential dwellings are to be tested. The certified lead
inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor
shall 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 shall be
counted separately. If built before 1960, the multifamily housing shall 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 shall contain at least 10 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 shall
be tested. The certified lead inspector/risk assessor or elevated blood lead
(EBL) inspector/risk assessor shall 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 shall 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 shall 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 shall each be considered a separate
testing combination. Each wall in a room or a common area shall be tested. The
certified lead inspector/risk assessor or elevated blood lead (EBL)
inspector/risk assessor shall 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 shall test the component.
(5) The certified lead inspector/risk
assessor or elevated blood lead (EBL) inspector/risk assessor shall 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 shall not make a determination that a component or the
multifamily housing is lead-free where components that are painted with
lead-based paint have been enclosed or encapsulated.
(6) Paint shall 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 shall 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 shall use the following methodologies:
1. The certified lead inspector/risk assessor
or elevated blood lead (EBL) inspector/risk assessor must use an X-ray
fluorescence analyzer which has a performance characteristics sheet and shall
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 shall 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 shall 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 shall 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 shall 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 shall 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 shall collect a
paint sample for laboratory analysis. The certified lead inspector/risk
assessor or elevated blood lead (EBL) inspector/risk assessor shall 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
shall 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 shall 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 shall 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
shall 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 shall 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 developmentwide 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
must 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 shall 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 shall conduct retesting of 10 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 shall be repeated with
10 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 shall 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 must 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 shall 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 shall 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 shall maintain a copy of each written
report for no less than three years. The inspection report shall 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
X-ray fluorescence (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 10 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 shall 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 lead-based 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 shall 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 shall contain
the following statement:
"The Iowa Department of Public Health 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 (135) and 70.5(135)."
(2) A certified lead inspector/risk assessor
or a certified elevated blood lead (EBL) inspector/risk assessor must conduct
lead inspections according to the following standards. Lead inspections shall
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
shall use the following procedures:
(1) The
certified lead inspector/risk assessor or elevated blood lead (EBL)
inspector/risk assessor shall test paint in each room, including each exterior
side.
(2) The certified lead
inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor
shall test each testing combination in each room. On windows, the window frame,
interior windowsill, window sash, and window trough shall each be considered a
separate testing combination. One sample shall be taken for each testing
combination in a room, including the walls. If a testing combination is painted
and not tested, it shall be assumed to be painted with lead-based
paint.
b. Paint shall 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
shall 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 shall use the following methodologies:
(1) The certified lead inspector/risk
assessor or elevated blood lead (EBL) inspector/risk assessor shall use an
X-ray fluorescence analyzer that has a performance characteristics sheet and
shall 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 shall 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 shall 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
shall 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 shall 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
shall 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
shall 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 shall 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 shall calculate the
arithmetic mean for these six readings and shall 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
shall then subtract the substrate correction value from each XRF reading for
the substrate requiring substrate correction to obtain the corrected XRF
reading. For example, if the six readings taken on the NIST 1.02 standard film
were 1.1, 1.3, 1.4, 1.0, 1.2, and 1.1, the arithmetic mean is calculated by the
equation (1.1 + 1.3 + 1.4 + 1.0 + 1.2 + 1.1)/6 and is equal to 1.18. The
substrate correction value is equal to 1.18 minus 1.02, or 0.16. 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
shall assume that all of the readings are positive and shall not state that a
surface is free of lead-based paint.
(5) The certified lead inspector/risk
assessor or elevated blood lead (EBL) inspector/risk assessor shall 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 shall 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 shall collect a paint
sample for laboratory analysis. The certified lead inspector/risk assessor or
elevated blood lead (EBL) inspector/risk assessor shall 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 shall 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 shall 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 must 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 shall 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 shall 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 shall maintain a copy of each written report for no
less than three years. The inspection report shall 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
X-ray fluorescence (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 must 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 shall 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 shall
contain the following statement:
"The Iowa Department of Public Health 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 (135) and 70.5(135)."
(3) A certified elevated blood lead (EBL)
inspector/risk assessor must conduct elevated blood lead (EBL) inspections
according to the following standards. Elevated blood lead (EBL) inspections
shall 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 shall use the following procedures:
(1) The certified elevated blood lead (EBL)
inspector/risk assessor shall test paint in each room, including each exterior
side.
(2) The certified elevated
blood lead (EBL) inspector/risk assessor shall test each testing combination in
each room. One sample shall be taken for each testing combination in a room,
including walls. On windows, the window frame, interior windowsill, window
sash, and window trough shall each be considered a separate testing
combination. If a testing combination is painted and not tested, it shall be
assumed to be painted with lead-based paint.
b. Paint shall 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 shall 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 shall use the following methodologies:
(1) The certified elevated blood lead (EBL)
inspector/risk assessor shall use an X-ray fluorescence analyzer that has a
performance characteristics sheet and shall use the X-ray fluorescence analyzer
according to the performance characteristics sheet.
(2) The certified elevated blood lead (EBL)
inspector/risk assessor shall 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 shall
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 elevated blood lead (EBL)
inspector/risk assessor shall 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 shall 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 shall 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 shall 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
shall 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 shall calculate the arithmetic mean
for these six readings and shall subtract 1.02 from this arithmetic mean to
obtain the substrate correction value. The certified elevated blood lead (EBL)
inspector/risk assessor shall then subtract the substrate correction value from
each XRF reading for the substrate requiring substrate correction to obtain the
corrected XRF reading. For example, if the six readings taken on the NIST 1.02
standard film were 1.1, 1.3, 1.4, 1.0, 1.2, and 1.1, the arithmetic mean is
calculated by the equation (1.1 + 1.3 + 1.4 + 1.0 + 1.2 + 1.1)/6 and is equal
to 1.18. The substrate correction value is equal to 1.18 minus 1.02, or 0.16.
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 shall assume that all of the readings are positive and
shall not state that a surface is free of lead-based paint.
(5) The certified elevated blood lead (EBL)
inspector/risk assessor shall 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 shall 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 shall 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
must 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 shall prepare a written report for each residential dwelling or
child-occupied facility where an elevated blood lead (EBL) inspection has been
conducted and shall provide a copy of this report to the property owner and the
occupant of the dwelling. The report shall 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 X-ray fluorescence (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 must 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 shall 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 shall
contain the following statement:
"The Iowa Department of Public Health 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 an elevated blood lead (EBL) inspector/risk assessor certified according to Iowa Administrative Code 641-70.3 (135) and 70.5(135)."
e. A
certified elevated blood lead (EBL) inspector/risk assessor shall 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 shall include, at least:
(1) A copy of the written report required by
paragraph 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 must conduct
lead hazard screens according to the following standards. Lead hazard screens
shall 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 shall be collected.
b. A visual inspection of the residential
dwelling or child-occupied facility shall 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 which is determined to have a
distinct painting history must 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 shall be tested for the presence of lead.
d. In residential dwellings, a minimum of two
composite or single-surface dust samples shall be collected. One sample shall
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 shall 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 shall 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 shall be
0.50 square feet or 72 square inches. The minimum area for a windowsill wipe
sample and for a window trough wipe sample shall be 0.25 square feet or 36
square inches. Dust samples shall be analyzed by a recognized laboratory to
determine the level of lead.
g.
Soil samples shall be collected and analyzed for lead content in exterior play
areas and dripline areas where bare soil is present. In addition, soil samples
shall be collected and analyzed for lead content from any other areas of the
yard where bare soil is present. Soil and paint samples shall be collected
using the documented methodologies specified in guidance documents issued by
the department and shall be analyzed by a recognized laboratory to determine
the level of lead.
h. Paint shall
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
shall 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 shall use the following methodologies:
(1) The certified lead inspector/risk
assessor or elevated blood lead (EBL) inspector/risk assessor shall use an
X-ray fluorescence analyzer that has a performance characteristics sheet and
shall 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 shall 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 shall 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 shall 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
shall 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
shall 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 shall 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 shall calculate the
arithmetic mean for these six readings and shall 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
shall then subtract the substrate correction value from each XRF reading for
the substrate requiring substrate correction to obtain the corrected XRF
reading. For example, if the six readings taken on the NIST 1.02 standard film
were 1.1, 1.3, 1.4, 1.0, 1.2, and 1.1, the arithmetic mean is calculated by the
equation (1.1 + 1.3 + 1.4 + 1.0 + 1.2 + 1.1)/6 and is equal to 1.18. The
substrate correction value is equal to 1.18 minus 1.02, or 0.16. 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
shall assume that all the readings are positive and shall not state that a
surface is free of lead-based paint.
(5) The certified lead inspector/risk
assessor or elevated blood lead (EBL) inspector/risk assessor shall 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 shall 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 shall collect a paint
sample for laboratory analysis. The certified lead inspector/risk assessor or
elevated blood lead (EBL) inspector/risk assessor shall 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 shall 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 shall assume that the
inconclusive readings are positive.
i. The following standards shall 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 shall 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
shall 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 shall 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 shall 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 shall 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 shall
contain at least 10 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 shall 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
shall 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 shall be tested. Residential dwellings chosen by targeted selection
shall 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
shall 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 shall select them randomly. If too many residential dwellings meet the criteria, residential dwellings shall 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 |
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
shall 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 shall be tested.
l. The
following standards shall 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 shall 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 shall 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 shall 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 shall 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 shall fail the lead hazard
screen.
(2) The certified lead
inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor
shall 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 shall 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
shall 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 shall fail the lead hazard
screen.
(3) Multifamily housing
shall 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 shall 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 shall 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 shall maintain a copy of each written report for no
less than three years. The report shall 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 X-ray fluorescence (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 shall be reported in micrograms of lead per square
foot, and the results of soil sampling shall be reported in parts per million
of lead. Results shall not be reported as "not detectable."
(14) Any other sampling results.
(15) A statement that all painted or finished
components that were not tested must 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 shall contain
the following statement:
"The Iowa Department of Public Health 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 (135) and 70.5(135)."
(5) A certified lead inspector/risk assessor
or a certified elevated blood lead (EBL) inspector/risk assessor must conduct
risk assessments according to the following standards. Risk assessments shall
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 shall be collected.
b. A visual inspection for risk assessment
shall 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 which is determined to
have a distinct painting history must 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 shall be
tested for the presence of lead.
e.
In residential dwellings, dust samples shall 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 shall be
analyzed for lead concentration and may be either composite or single-surface
samples.
f. In multifamily
dwellings, dust samples shall 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 shall be analyzed
for lead concentration and may be either composite or single-surface
samples.
g. In child-occupied
facilities, dust samples shall 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 shall be analyzed
for lead concentration and may be either composite or single-surface
samples.
h. Soil samples shall be
collected and analyzed for lead content in exterior play areas and dripline
areas where bare soil is present. In addition, soil samples shall be collected
and analyzed for lead content from any other areas of the yard where bare soil
is present.
i. Dust samples shall
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 shall be 0.50 square feet. The minimum area for a windowsill wipe sample
and for a window trough wipe sample shall be 0.25 square feet. Soil and paint
samples shall be collected using the documented methodologies specified in
guidance documents issued by the department. Dust and soil samples shall be
analyzed by a recognized laboratory to determine the level of lead. The results
of dust sampling shall be reported in micrograms of lead per square foot, and
the results of soil sampling shall be reported in parts per million of lead.
The results shall not be reported as "not detectable."
j. Paint shall 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 shall 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 shall use the following methodologies:
(1) The certified lead inspector/risk
assessor or elevated blood lead (EBL) inspector/risk assessor shall use an
X-ray fluorescence analyzer that has a performance characteristics sheet and
shall 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 shall 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 shall 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
shall 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 shall 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
shall 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
shall 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 shall 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 shall calculate the
arithmetic mean for these six readings and shall 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
shall then subtract the substrate correction value from each XRF reading for
the substrate requiring substrate correction to obtain the corrected XRF
reading. For example, if the six readings taken on the NIST 1.02 standard film
were 1.1, 1.3, 1.4, 1.0, 1.2, and 1.1, the arithmetic mean is calculated by the
equation (1.1 + 1.3 + 1.4 + 1.0 + 1.2 + 1.1)/6 and is equal to 1.18. The
substrate correction value is equal to 1.18 minus 1.02, or 0.16. 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
shall assume that all of the readings are positive and shall not state that a
surface is free of lead-based paint.
(5) The certified lead inspector/risk
assessor or elevated blood lead (EBL) inspector/risk assessor shall 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 shall 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 shall collect a paint
sample for laboratory analysis. The certified lead inspector/risk assessor or
elevated blood lead (EBL) inspector/risk assessor shall 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 shall 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 shall assume that the
inconclusive readings are positive.
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 shall 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 shall
contain at least 10 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 shall 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
shall 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 shall be tested. Residential dwellings chosen by targeted selection
shall 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 shall select them randomly. If too many residential
dwellings meet the criteria, residential dwellings shall 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
shall 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
shall 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 shall be tested.
(4) The
following standards shall 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 shall 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 shall 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 shall 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 shall 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
shall 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 shall 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 shall 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 shall 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 shall maintain a copy of the report for no less than three years. The
report shall 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 X-ray fluorescence (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 must 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 lead-based 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 lead-based 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 shall 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 shall
contain the following statement:
"The Iowa Department of Public Health 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 (135) and 70.5(135)."
(6) A certified lead abatement contractor or
certified lead abatement worker must conduct lead abatement according to the
following standards. Lead abatement shall be conducted only by a certified lead
abatement contractor or a certified lead abatement worker.
a. A certified lead abatement contractor must
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 shall be on site or
available by telephone, pager, 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
shall ensure that lead abatement is conducted according to all federal, state,
and local requirements.
c. A
certified lead abatement contractor shall 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 shall 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 shall submit a revised notification to the
department if any information in the original notification changes.
e. A certified lead abatement contractor
shall ensure that the worksite(s) is accessed only by certified lead
professionals according to Iowa Administrative Code
641-70.3 (135) and
641-70.5 (135). Noncertified
individuals shall not be allowed access to a worksite. A worksite shall remain
inaccessible to noncertified individuals until it passes clearance
testing.
f. A certified lead
abatement contractor or a certified project designer shall develop a written
occupant protection plan for all lead abatement projects prior to starting lead
abatement and shall implement the occupant protection plan during the lead
abatement project. The occupant protection plan shall 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 shall be given to the occupants prior to the start date of the
lead abatement project and must 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 must be used to conduct
lead abatement, and prohibited work practices must not be used to conduct lead
abatement.
(1) Signs must be posted and
readable. All signs must be posted before lead abatement begins and must remain
in place until dust-lead clearance has been passed.
1. To the extent practicable, all signage
must be posted in the occupants' primary language.
2. The signs must clearly define the work
area.
3. The signs must warn
occupants and other persons not involved with the lead abatement to remain
outside the work area.
4. The signs
must be posted at the entrance(s) to all work areas.
(2) The work area must be effectively
contained before the lead abatement begins. To be effective, containment must:
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 shall 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 must 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 must be covered with plastic
sheeting or other impermeable material that is taped down.
3. Closing windows and doors in the work
area. Doors must be covered with plastic sheeting or other impermeable
material. Doors used as an entrance to the work area must 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
shall 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 shall be closed, and all doors and windows on all stories below
the lead abatement that are the same horizontal distance from the lead
abatement shall 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 10 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
10 feet of such ground cover. Exterior ground cover shall 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 shall 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 or grinding 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 or greater 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 1100 degrees
Fahrenheit.
(6) All waste
generated during lead abatement shall 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 shall 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 must 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 must be
contained during transportation so that no dust or debris is
released.
(7) The work
area shall be cleaned so that no dust, debris, or residue remains after lead
abatement. Cleaning shall 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 shall be misted, then the
sheeting shall be folded dirty side inward. All sheeting shall be taped shut or
otherwise sealed inside heavy-duty bags. Sheeting used to separate work areas
from non-work areas must remain in place until after the cleaning and removal
of other sheeting. All sheeting shall 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 must be
cleaned from high to low in the following manner:
* Walls must 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 must 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, must also be wiped with a damp cloth. Uncarpeted floors must 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 shall be conducted using
one of the following methods:
(1) If soil is
removed, soil that is a soil-lead hazard shall 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 shall 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 shall be remediated to meet the definition of "permanently
covered soil."
i. If
lead-based paint is removed from a surface, the surface shall 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 shall 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 shall be installed prior to
postabatement clearance testing.
k.
Postabatement clearance procedures shall 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 must be conducted by a certified elevated blood
lead (EBL) inspector/risk assessor. Postabatement clearance testing shall 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 shall not conduct
both lead abatement and the postabatement clearance testing for this work.
Postabatement clearance testing shall 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 shall 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 shall 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
shall 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 shall 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 shall 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 shall be performed for all projects that
include window replacement.
(3)
Dust samples shall be collected a minimum of one hour after the completion of
final postabatement cleanup activities.
(4) Dust samples shall 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 shall be
0.50 square feet or 72 square inches. The minimum area for a windowsill wipe
sample and for a window trough wipe sample shall be 0.25 square feet or 36
square inches. Dust samples shall be analyzed by a recognized laboratory to
determine the level of lead.
(5)
The following postabatement clearance activities shall 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 shall be
taken from each of no fewer than four rooms, hallways, or stairwells within the
containment area. Dust samples shall be taken from one interior windowsill and
from one window trough (if available), and one dust sample shall 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 shall 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 shall be sampled.
2. After conducting a lead abatement with no
containment between abated and unabated areas, three dust samples shall be
taken from each of no fewer than four rooms, hallways, or stairwells in the
residential dwelling or child-occupied facility. Dust samples shall be taken
from one interior windowsill and from one window trough (if available), and one
dust sample shall 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 shall be sampled.
3. The
certified lead abatement contractors and certified lead abatement workers who
abate or clean the dwellings shall not have any knowledge of which rooms or
surfaces will be selected for the dust samples.
(6) Reserved.
(7) The certified lead inspector/risk
assessor or certified elevated blood lead (EBL) inspector/risk assessor shall
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 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 shall
be recleaned. Additional clearance samples shall 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 shall be retested. The certified lead
inspector/risk assessor or certified elevated blood lead (EBL) inspector/risk
assessor shall evaluate the results of this testing to determine if the
recleaned components meet the clearance level. The components must be recleaned
and retested until the clearance level is met.
(8) The certified lead inspector/risk
assessor or certified elevated blood lead (EBL) inspector/risk assessor shall
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
shall 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 shall
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 shall use Table 1 to determine the minimum number of
residential dwellings selected for dust sampling. This shall 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 shall
sample the randomly selected residential dwellings and evaluate them for
clearance according to the procedures found in paragraphs
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 shall send a report
to the lead abatement contractor that contains the items required by
subparagraphs 70.6(6)"n"(7) through (9).
n. The certified lead abatement contractor or
a certified project designer shall 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
paragraph 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 shall be reported in micrograms of lead per square
foot by location of sample, and the results of soil sampling shall be reported
in parts per million of lead. The results shall not be reported as "not
detectable." If random selection was used to select the residential dwellings
that were sampled, the report shall 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 shall 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 subrule 70.6(13).
o. The lead abatement report shall
be completed no later than 30 days after the lead abatement project passes
clearance testing.
p. The certified
lead abatement contractor shall maintain all reports and plans required in this
subrule for a minimum of three years.
q. The certified lead abatement contractor
shall 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 must 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 shall 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 shall be collected.
b. A visual inspection for risk assessment
shall 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 shall 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 shall
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 shall 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
shall 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 shall maintain a copy of the
report for no less than three years. The report shall 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 must 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 Public Health 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 (135) and 70.5(135)."
(8) A certified lead inspector/risk assessor,
a certified elevated blood lead (EBL) inspector/risk assessor, or a certified
sampling technician must conduct clearance testing according to the following
standards. Clearance testing following lead abatement shall 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 shall 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 must be conducted by a
certified elevated blood lead (EBL) inspector/risk assessor.
a. Clearance testing following lead abatement
shall be conducted according to paragraphs 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 shall be conducted according to the
following standards:
(1) A certified sampling
technician shall 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 shall 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 shall review the report of the
lead inspection, risk assessment, or visual assessment done prior to interim
controls, paint stabilization, standard treatments, ongoing lead-based 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 shall 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
shall 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 shall 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 shall
be conducted. Clearance sampling may be conducted by employing single-surface
sampling or composite dust sampling.
(4) Dust samples shall be collected a minimum
of one hour after the completion of final cleanup activities.
(5) Dust samples shall 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 shall be
0.50 square feet or 72 square inches. The minimum area for a windowsill wipe
sample and for a window trough wipe sample shall be 0.25 square feet or 36
square inches. Dust samples shall be analyzed by a recognized laboratory to
determine the level of lead.
(6)
The following clearance activities shall 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
shall be taken from each of no fewer than four rooms, hallways, or stairwells
within the containment area. Dust samples shall be taken from one interior
windowsill and from one window trough (if available), and one dust sample shall
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 shall 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 shall be sampled. Interior dust-lead
testing shall 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
shall be taken from each of no fewer than four rooms, hallways, or stairwells
in the residential dwelling or child-occupied facility. Dust samples shall be
taken from one interior windowsill and window trough (if available), and one
dust sample shall 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 shall be sampled. Interior dust-lead testing shall be performed for
all projects that include window replacement.
(7) The contractors conducting the work or
cleaning the dwellings shall 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 shall 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 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 shall
be recleaned. Additional clearance samples shall 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 shall be retested. The certified lead
inspector/risk assessor, certified elevated blood lead (EBL) inspector/risk
assessor, or certified sampling technician shall evaluate the results of this
testing to determine if the recleaned components meet the clearance level. The
components must 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 shall 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 shall 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 shall 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 shall
use Table 1 to determine the minimum number of dwellings selected for dust
sampling. This shall 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 shall sample the randomly selected residential
dwellings and evaluate them for clearance according to the procedures found in
paragraphs 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 must 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 shall be a lead abatement
report in accordance with paragraph 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
shall 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 shall send a copy of the report to the property owner and
to the person requesting the clearance testing, if different. The clearance
report shall 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 shall 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 shall 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 shall 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 shall contain the
following statement:
"The Iowa Department of Public Health 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 (135) and 70.5(135)."
e. A certified lead inspector/risk assessor
or a certified elevated blood lead (EBL) inspector/risk assessor or a certified
sampling technician shall maintain a copy of the clearance testing information
included in the lead abatement report specified in paragraph
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 shall maintain a copy of the
clearance testing report specified in paragraph 70.6(8)"d" for
no fewer than three years.
f.
Clearance testing shall 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 shall 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 shall conduct
paint testing pursuant to 24 CFR Part 35 according to the following standards.
Paint testing pursuant to 24 CFR Part 35 shall 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 shall use the following procedures:
(1) The certified lead inspector/risk
assessor or elevated blood lead (EBL) inspector/risk assessor shall 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 shall each be tested.
(2) Paint shall 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 shall 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 shall use the following methodologies:
1. The certified lead inspector/risk assessor
or elevated blood lead (EBL) inspector/risk assessor shall use an X-ray
fluorescence analyzer that has a performance characteristics sheet and shall
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 shall 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 shall 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
shall 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
shall 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 shall 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 shall 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 shall 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 shall calculate the arithmetic mean for these six readings and shall
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 shall then subtract the substrate correction value from
each XRF reading for the substrate requiring substrate correction to obtain the
corrected XRF reading. For example, if the six readings taken on the NIST 1.02
standard film were 1.1, 1.3, 1.4, 1.0, 1.2, and 1.1, the arithmetic mean is
calculated by the equation (1.1 + 1.3 + 1.4 + 1.0 + 1.2 + 1.1)/6 and is equal
to 1.18. The substrate correction value is equal to 1.18 minus 1.02, or 0.16.
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
shall assume that all of the readings are positive and shall not state that a
surface is free of lead-based paint.
5. The certified lead inspector/risk assessor
or elevated blood lead (EBL) inspector/risk assessor shall 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 shall 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 shall collect a paint
sample for laboratory analysis. The certified lead inspector/risk assessor or
elevated blood lead (EBL) inspector/risk assessor shall 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
shall 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 shall 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 must 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 shall 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 shall 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 shall maintain a copy of each written
report for no less than three years. The report shall 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
X-ray fluorescence (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 must 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 shall 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 shall
contain the following statement:
"The Iowa Department of Public Health 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 (135) and 70.5(135)."
(10) A certified lead inspector/risk assessor
or a certified elevated blood lead (EBL) inspector/risk assessor must conduct
reevaluations according to the following standards. Reevaluations shall 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 shall 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 shall 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 shall be tested for
the presence of lead.
d. Soil
samples shall be collected and analyzed from bare soil for which the lead
content is unknown. Soil samples shall be collected using the documented
methodologies specified in guidance documents issued by the department and
shall 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 shall be controlled through lead abatement or interim controls
before the reevaluation can continue. Clearance testing shall 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 shall 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 shall 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 shall 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 shall 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 shall 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 shall be 0.50 square feet or 72 square inches. The minimum
area for a windowsill wipe sample and for a window trough wipe sample shall be
0.25 square feet or 36 square inches. Dust samples shall be analyzed by a
recognized laboratory to determine the level of lead.
k. Paint shall 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 shall 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 shall use the
following methodologies:
(1) The certified
lead inspector/risk assessor or elevated blood lead (EBL) inspector/risk
assessor shall use an X-ray fluorescence analyzer that has a performance
characteristics sheet and shall 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 shall 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
shall 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 shall take
calibration readings consisting of an average of three readings.
(4) If recommended by the performance
characteristics sheet, the certified lead inspector/risk assessor or elevated
blood lead (EBL) inspector/risk assessor shall 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
shall 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
shall 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 shall 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 shall calculate the
arithmetic mean for these six readings and shall 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
shall then subtract the substrate correction value from each XRF reading for
the substrate requiring substrate correction to obtain the corrected XRF
reading. For example, if the six readings taken on the NIST 1.02 standard film
were 1.1, 1.3, 1.4, 1.0, 1.2, and 1.1, the arithmetic mean is calculated by the
equation (1.1 + 1.3 + 1.4 + 1.0 + 1.2 + 1.1)/6 and is equal to 1.18. The
substrate correction value is equal to 1.18 minus 1.02, or 0.16. 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
shall assume that all of the readings are positive and shall not state that a
surface is free of lead-based paint.
(5) The certified lead inspector/risk
assessor or elevated blood lead (EBL) inspector/risk assessor shall 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 shall 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 shall collect a paint
sample for laboratory analysis. The certified lead inspector/risk assessor or
elevated blood lead (EBL) inspector/risk assessor shall 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 shall 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 shall assume that the
inconclusive readings are positive.
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 shall 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 shall
contain at least 10 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 shall use Table 1 to
determine the number of residential dwellings to randomly select for
testing.
(2) If the multifamily
housing contains 5 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
shall 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 shall be tested. Residential dwellings chosen by targeted selection
shall 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 shall select them randomly. If too many residential
dwellings meet the criteria, residential dwellings shall 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
shall 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 5 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 shall 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 shall be
tested.
(4) The following standards
shall 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
shall 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 shall 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 shall 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 shall 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
shall 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 shall assume that the component is a
lead-based paint hazard in all similar residential dwellings.
m. If reevaluation is
conducted, the first reevaluation shall be conducted no later than two years
from completion of lead abatement, interim controls, or standard treatments.
Subsequent reevaluation shall 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 shall 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 must be conducted.
n. A
certified lead inspector/risk assessor or certified elevated blood lead (EBL)
inspector/risk assessor shall 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 shall 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 shall maintain a copy of the report for no less than three years. The
report shall 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 shall
contain the following statement:
"The Iowa Department of Public Health 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 (135) and 70.5(135)."
(11) All renovations performed in target
housing and child-occupied facilities, except for emergency renovations and
minor repair and maintenance activities, shall 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 shall be exempt from all work practice standards except record
keeping. All renovations shall be performed by a certified firm under the
supervision of a certified lead abatement contractor or a certified lead
abatement worker who completes initial certification on or after January 13,
2010, or if certified prior to January 13, 2010, completes a lead abatement
worker, lead abatement contractor, or lead-safe renovator refresher course on
or after January 13, 2010, or shall be performed by a certified lead-safe
renovator in accordance with the requirements below.
a. A firm shall 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 shall ensure the
following:
(1) A certified lead abatement
contractor, a certified lead abatement worker, or a certified lead-safe
renovator must 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 shall be on site or available by telephone,
pager, 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 must be posted before the renovation begins and
must remain in place until the postrenovation cleaning verification has been
completed.
1. To the extent practicable, all
signage must be posted in the occupants' primary language.
2. The signs must clearly define the work
area.
3. The signs must warn
occupants and other persons not involved with the renovation activity to remain
outside the work area.
4. The signs
must be posted at the entrance(s) to all work areas.
(3) The work area must be effectively
contained before the renovation is begun. To be effective, containment must:
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 shall 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 must 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 must be covered with plastic sheeting or other impermeable
material that is taped down.
3.
Closing windows and doors in the work area. Doors must be covered with plastic
sheeting or other impermeable material. Doors used as an entrance to the work
area must 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
shall 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 shall be closed, and all doors and windows on all stories below the
renovation that are the same horizontal distance from the renovation shall 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 10 feet
beyond the perimeter of surfaces undergoing renovation or a sufficient distance
to collect falling paint debris, whichever is greater, unless the property line
prevents 10 feet of such ground cover. Exterior ground cover shall 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 shall 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 or
grinding 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 or greater
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 1100 degrees
Fahrenheit.
(7) All
workers that 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 shall be covered.
1. At the conclusion of each workday and at
the conclusion of the renovation, waste that has been collected from renovation
activities must 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 must
be contained during transportation so that no dust or debris is
released.
(11) The work
area shall be cleaned so that no dust, debris, or residue remains after the
renovation. Cleaning shall 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 shall be misted, then the
sheeting shall be folded dirty side inward. All sheeting shall be taped shut or
otherwise sealed inside heavy-duty bags. Sheeting used to separate work areas
from non-work areas must remain in place until after the cleaning and removal
of other sheeting. All sheeting shall 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 must be cleaned
from high to low in the following manner:
* Walls must 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 must 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, must also be wiped with a damp cloth. Uncarpeted floors must 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 shall 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 shall 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 shall perform a visual inspection to determine whether
dust, debris, or residue is still present. If dust, debris, or residue is still
present, these conditions must be removed by recleaning, and another visual
inspection must be performed. Following a successful visual inspection, a
certified lead abatement contractor, certified lead abatement worker, or
certified lead-safe renovator must:
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 must 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 must be wiped using an application device with a long handle and a head to which the cloth is attached. The cloth must 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 shall 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 must
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 shall only use cleaning verification cards that are
approved by the U.S. Environmental Protection Agency (EPA).
(4) A certified lead abatement contractor,
certified lead abatement worker, or certified lead-safe renovator shall not use
cleaning verification cards that have 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 must 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 must 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 subrule
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
shall 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 shall be
conducted by a certified lead abatement contractor, certified lead abatement
worker, or certified lead-safe renovator.
(2) Each noncertified individual shall 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. A certified firm shall not accept on-the-job training that was performed
by another firm. On-the-job training does not meet the requirement for work
conducted pursuant to 24 CFR Part 35.
(3) On-the-job training shall 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 time lines 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 which 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. Any results from test
kits which are not recognized shall be invalid. A certified lead abatement
contractor, certified lead abatement worker, or certified lead-safe renovator
shall 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 must complete
a written report when conducting a renovation. The report shall 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 shall 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 shall 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
shall 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 shall 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 shall post in
areas where it is likely to be seen by the parents or guardians of children
frequenting the child-occupied facility the report required by this paragraph
or instructions on how interested parents or guardians 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 shall maintain a copy of the report for no less
than three years. The report shall 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
shall be specific to the room and component.
(7) The results of testing. The results shall
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 shall 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. Record keeping. Records shall be kept for
each renovation project that involves target housing or child-occupied
facilities. The records for each renovation shall 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 (135) shall 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 must 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 shall 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 shall 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 must 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 must 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" shall 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)
Rescinded IAB 2/12/20, effective 3/18/20.
(13) 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 paragraph 70.6(6)"k" and
paragraph 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 shall 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.
(14) Any paint chip,
dust, or soil samples collected pursuant to the work practice standards
contained in subrules 70.6(1) to 70.6(6) and 70.6(9) shall 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 subrule 70.6(8) for
clearance testing following lead abatement shall 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 subrule 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 shall 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 (135) shall be analyzed
by a recognized laboratory.
(15)
Composite dust sampling shall be conducted only in the situations specified in
subrules 70.6(4) to 70.6(6) and 70.6(8). If composite sampling is conducted, it
shall meet the following requirements:
a.
Composite dust samples shall consist of at least two subsamples.
b. Every component that is being tested shall
be included in the sampling.
c.
Composite dust samples shall not consist of subsamples from more than one type
of component.
d. The results of
composite dust samples shall 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. For example, the applicable clearance
level for a composite window trough sample consisting of three subsamples would
be 267 micrograms per square foot (400/1.5).
(16) Rescinded IAB 6/7/17, effective
7/12/17.
Notes
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.
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