Mich. Admin. Code R. 325.99404 - Risk assessment
Rule 404.
(1) Only
a person certified by the department as a risk assessor shall conduct a risk
assessment. A risk assessor shall conduct the risk assessment according to this
rule.
(2) The risk assessor shall
make a visual inspection for risk assessment of a residential dwelling or
child-occupied facility to locate the existence of lead-based paint hazards and
assess the extent and causes of the hazards.
(3) The risk assessor shall collect
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 1 or more children age 6 years and
under.
(4) The risk assessor shall
test, using documented methodologies, each surface that has deteriorated paint
for the presence of lead if the surface is determined to be in poor condition
and to have a distinct painting history. A risk assessor shall also test, using
documented methodologies, any additional surface for the presence of lead if
the surface is determined to be a potential lead-based paint hazard and to have
a distinct painting history.
(5) In
residential dwellings, the risk assessor shall collect the following dust
samples in not less than 6 representative rooms, hallways, stairwells, or room
equivalents:
(a) One dust sample from the
floor of each selected room, hallway, or stairwell.
(b) One dust sample from a window sill or
trough, if available, in each selected room, hallway or stairwell. Dust samples
from windows shall be collected by alternating the sill and trough in each room
to the extent possible.
(c) If
there are less than 6 rooms, hallways, stairwells, or room equivalents in the
dwelling, then the risk assessor shall sample all rooms, hallways, and
stairwells.
(6) For
multifamily dwellings and child-occupied facilities, the risk assessor shall
collect the dust samples required in subrule (5) of this rule in each selected
unit. In addition, a risk assessor shall collect window and floor dust samples
in the following locations:
(a) Common areas
adjacent to the sampled residential dwelling or child-occupied
facility.
(b) Other common areas in
the building where the risk assessor determines that 1 or more children, age 6
and under, could reasonably be expected to come into contact with dust,
regardless of the current occupancy by children in the dwelling.
(7) For child-occupied facilities,
the risk assessor shall collect 1 dust sample from the window sill or trough
and 1 dust sample from the floor in each room, hallway, or stairwell utilized,
to the extent defined by a child-occupied facility, by 1 or more children, age
6 and under; and in other common areas in the child-occupied facility where the
risk assessor determines that 1 or more children, age 6 and under, could
reasonably be expected to come into contact with dust to the extent defined by
a child-occupied facility.
(8) The
risk assessor shall collect soil samples and have the samples analyzed for lead
concentrations in the all of following locations:
(a) Exterior play areas where bare soil is
present.
(b) Dripline/foundation
areas where bare soil is present
(c) Yard locations in addition to those
described in subdivisions (a) and (b) of this subrule where the area of bare
soil exceeds 9 square feet.
(9) The risk assessor shall compare the lead
levels from each sample, as determined by the approved analysis, with
applicable hazard levels for lead in paint, dust and soil established in these
rules. The risk assessor shall determine a lead hazard for the area represented
by each sample which exceeds the hazard levels.
(10) The certified risk assessor shall
prepare a risk assessment report which shall include all of the following
information:
(a) Table of contents.
(b) A plain-language conclusions section
designed to provide the reader with easy identification of all lead hazards
shall be positioned prominently near the front of the report. Results included
in the conclusions section shall not be used to satisfy requirements for
presentation of results described elsewhere in this rule. The conclusions
section shall contain all of the following information in tabular format:
(i) Results of any environmental sampling
that denotes a lead hazard, grouped by sample methodology.
(ii) Applicable comparison
standards.
(iii) Units of
measurement.
(iv) A stand-alone
description of each sampling location and component.
(c) Date of assessment.
(d) Address of each building.
(e) Date of construction of
buildings.
(f) Apartment number, if
applicable.
(g) Name, address, and
telephone number of each owner of each building.
(h) Name, signature, and certification
identification of the certified risk assessor conducting the
assessment.
(i) Name, address, and
telephone number of the certified person employing each certified risk
assessor, if applicable.
(j) Name,
address, and telephone number of each recognized laboratory conducting analyses
of collected samples.
(k) Results
of the visual inspection.
(l)
Testing method and sampling procedure for the paint analysis
employed.
(m) Specific location of
each painted component tested for the presence of lead.
(n) All data collected from on-site testing,
including quality control data, and, if used, the serial number of any X-ray
fluorescence device.
(o) All
results of approved analysis on collected paint, soil, and dust
samples.
(p) Any other sampling
results.
(q) Any background
information collected under subrule (3) of this rule.
(r) To the extent that they are used as part
of the lead-based paint hazard determination, the results of any previous
inspections or analyses for the presence of lead-based paint or other
assessments of lead-based paint-related hazards.
(s) A description of the location, type, and
severity of identified lead-based paint hazards, and any other potential lead
hazards.
(t) A description of lead
hazard control options for each identified lead hazard or potential hazard, and
a suggested prioritization for addressing each hazard. If the use of an
encapsulant or enclosure is recommended, then the report shall recommend a
maintenance and monitoring schedule for the encapsulant or enclosure.
(11) A person shall provide a
written disclosure to a client of any affiliation between the person who
conducts the inspection, risk assessment, or any part thereof, and the person
or persons who conduct the abatement of the same property.
Notes
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No prior version found.