11 Miss. Code. R. 2-9.5 - Work Practice Standards for Conducting Lead-Based Paint Activities

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A. Effective Date, Applicability, and Terms.

(1) Beginning on the date of adoption all lead-based paint abatement and renovation activities shall be performed pursuant to the work practice standards contained in this rule.

(2) When performing any lead-based paint activity described by the certified individual as an inspection, lead-hazard screen, risk assessment, renovation, or abatement, a certified individual must perform that activity in compliance with the appropriate requirements below.

(3) Documented methodologies that are appropriate for this rule are found in the following: The U.S. Department of Housing and Urban Development (HUD) Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing; the EPA Guidance on Residential Lead-Based Paint, Lead-Contaminated Dust, Lead-Contaminated Soil; the EPA Residential Sampling for Lead: Protocols for Dust and Soil Sampling (EPA report number 7474-R-95-001); 40 CFR Part 745, Lead; Requirements for Lead-Based Paint activities in Target Housing and Child-occupied Facilities: Final Rule (Federal Register, Volume 61, Number 169, Thursday, August 29, 1996); EPA Lead; Renovation, Repair, and Painting Program: Final Rule (Federal Register, Volume 73, Number 78, April 22, 2008); and other equivalent methods and guidelines.

(4) Clearance levels appropriate for the purposes of this rule may be found in the EPA January 2001 rules ( 40 CFR 745; Identification of Dangerous Levels of Lead, Final Rule) at 745.227(e)(8)(viii).

B. Inspection.

(1) An inspection shall be conducted only by a person certified by the Commission as an inspector or risk assessor and, if conducted, must be conducted according to the procedures in this paragraph.

(2) When conducting an inspection, the following locations shall be selected according to documented methodologies and tested for the presence of lead-based paint:

(a) In a residential dwelling and child-occupied facility, each component with a distinct painting history and each exterior component with a distinct painting history shall be tested for lead-based paint, except those components that the inspector or risk assessor determines to have been replaced after 1978, or to not contain lead-based paint; and

(b) In a multi-family dwelling or child-occupied facility, each component with a distinct painting history in every common area, except those components that the inspector or risk assessor determines to have been replaced after 1978, or to not contain lead-based paint.

(3) Paint shall be sampled in the following manner:

(a) The analysis of paint to determine the presence of lead shall be conducted using documented methodologies which incorporate adequate quality control procedures; and/or

(b) All collected paint chip samples shall be analyzed according to paragraph G. of this rule to determine if they contain detectable levels of lead that can be quantified numerically.

(4) The certified inspector or risk assessor shall prepare an inspection report which shall include the following information:

(a) Date of each inspection.

(b) Address of building.

(d) Apartment numbers (if applicable).

(e) Name, address, and telephone number of the owner or owners of each residential dwelling or child-occupied facility.

(f) Name, signature, and certification number of each certified inspector and/or risk assessor conducting testing.

(g) Name, address, and telephone number of the certified firm employing each inspector and/or risk assessor, if applicable.

(h) Each testing method and device and/or sampling procedure employed for paint analysis, including quality control data and, if used, the serial number of an x-ray fluorescence (XRF) device.

(i) Specific locations of each painted component tested for the presence of lead-based paint.

(j) The results of the inspection expressed in terms appropriate to the sampling method used.

C. Lead Hazard Screen.

(1) A lead hazard screen shall be conducted only by a person certified by the Commission as a risk assessor.

(2) If conducted, a lead hazard screen shall be conducted as follows:

(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 one or more children age 6 years and under shall be collected.

(b) A visual inspection of the residential dwelling or child-occupied facility shall be conducted to:

(1) Determine if any deteriorated paint is present, and

(2) Locate at least two dust sampling locations.

(c) If deteriorated paint is present, each surface with deteriorated paint, which is determined, using documented methodologies, to be in poor condition and to have a distinct painting history, shall be tested for the presence of lead.

(d) In residential dwellings, two composite dust samples shall be collected, one from the floors and the other from the windows, in rooms, hallways, or stairwells where one or more children, age 6 or under, are most likely to come in contact with dust.

(e) In multi-family dwellings and child-occupied facilities, in addition to the floor and window samples required in paragraph C.(2)(d) of this Rule, the risk assessor shall also collect composite dust samples from common areas where one or more children, age 6 and under, are most likely to come into contact with dust.

(3) Dust samples shall be collected and analyzed in the following manner:

(a) All dust samples shall be taken using documented methodologies that incorporate adequate quality control procedures.

(b) All collected dust samples shall be analyzed according to paragraph G. of this rule to determine if they contain detectable levels of lead that can be quantified numerically.

(4) Paint shall be sampled in the following manner:

(a) The analysis of paint to determine the presence of lead shall be conducted using documented methodologies which incorporate adequate quality control procedures; and/or

(b) All collected paint chip samples shall be analyzed according to paragraph G. of this Rule to determine if they contain detectable levels of lead that can be quantified numerically.

(5) The risk assessor shall prepare a lead hazard screen report, which shall include the following information:

(a) The information required in a risk assessment report as specified in paragraph D. of this rule, including paragraphs D.(11)(a) through D.(11)(n), and excluding paragraphs D.(11)(o) through D.(11)(r) of this rule. Additionally, any background information collected pursuant to paragraph C.(2)(a) of this rule shall be included in the risk assessment report; and

(b) Recommendations, if warranted, for a follow-up risk assessment, and as appropriate, any further actions.

D. Risk Assessment.

(1) A risk assessment shall be conducted only by a person certified by the Commission as a risk assessor and, if conducted, must be conducted according to the procedures in this paragraph.

(2) A visual inspection for risk assessment of the residential dwelling or child-occupied facility shall be undertaken to locate the existence of deteriorated paint, assess the extent and causes of the deterioration, and other potential lead-based paint hazards.

(3) Background information regarding the physical characteristics of the residential dwelling or child-occupied facility and occupant use patterns that may cause lead-based paint exposure to one or more children age 6 years and under shall be collected.

(4) Each surface with deteriorated paint, which is determined, using documented methodologies, to be in poor condition and to have a distinct painting history, shall be tested for the presence of lead. Each other surface determined, using documented methodologies, to be a potential lead-based paint hazard and having a distinct painting history, shall also be tested for the presence of lead.

(5) In residential dwellings, dust samples (either composite or single-surface samples) from the window and floor shall be collected in all living areas where one or more children, age 6 and under, are most likely to come into contact with dust.

(6) For multi-family dwelling and child-occupied facilities, the samples required in paragraph D.(4) of this rule shall be taken. In addition, window and floor dust samples (either composite or single-surface samples) shall be collected in the following locations:

(a) Common areas adjacent to the sampled residential dwelling or child-occupied facility; and

(b) Other common areas in the building where the risk assessor determines that one or more children, age 6 or under, are likely to come into contact with dust.

(7) For child-occupied facilities, window and floor dust samples (either composite or single-surface samples) shall be collected in each room, hallway, or stairwell utilized by one or more children, age 6 and under, and in other common areas in the child-occupied facility where the risk assessor determines one or more children, age 6 or under, are likely to come into contact with dust.

(8) Soil samples shall be collected and analyzed for lead concentrations in the following locations:

(a) Exterior play areas where bare soil is present; and

(b) Drip line/foundation areas where bare soil is present; and

(9) Any paint, dust, or soil sampling or testing shall be conducted using documented methodologies that incorporate adequate quality control procedures.

(10) Any collected paint chip, dust, or soil samples shall be analyzed according to paragraph G. of this Rule to determine if they contain detectable levels of lead that can be quantified numerically.

(11) The certified risk assessor shall prepare a risk assessment report which shall include the following information:

(a) Date of assessment.

(b) Address of each building.

(d) Apartment number (if applicable).

(e) Name, address, and telephone number of each owner of each building.

(f) Name, signature, and certification of the certified risk assessor conducting the assessment.

(g) Name, address and telephone number of the certified firm employing each certified risk assessor if applicable.

(h) Name, address, and telephone number of each recognized laboratory conducting analysis of collected samples.

(i) Results of the visual inspection.

(j) Testing method and sampling procedure for paint analysis employed.

(k) Specific locations of each painted component tested for the presence of lead.

(l) All data collected from on-site testing, including quality control data and, if used, the serial number of any XRF device.

(m) All results of laboratory analysis on collected paint, soil, and dust samples.

(n) Any other sampling results.

(o) Any background information collected pursuant to paragraph D.(3) of this Rule.

(p) 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.

(q) A description of the location, type, severity of identified lead-based paint hazards and any other potential lead hazards.

(r) A description of interim controls and/or abatement options for each identified lead-based paint hazard and a suggested prioritization for addressing each hazard. If the use of an encapsulant or enclosure is recommended, the report shall recommend a maintenance and monitoring schedule for the encapsulant or enclosure.

E. Abatement.

(1) An abatement shall be conducted only by an individual certified by the Commission, and if conducted, shall be conducted according to the procedures in this paragraph.

(2) A certified supervisor is required for each abatement project and shall be onsite during all work site preparation and during the post-abatement cleanup and clearance of work areas. At all other times when abatement activities are being conducted, the certified supervisor shall be onsite or available by telephone, pager or answering service, and able to be present at the work site in no more than 2 hours.

(3) The certified supervisor and the certified firm employing that supervisor shall: (1) ensure that all abatement activities are conducted according to the requirements of this rule and all other Federal, State, and local requirements, and (2) maintain all certificates for all firms, supervisors and workers who are employed in connection with the abatement project at the abatement project site. All such certificates shall be made available to Department personnel during abatement project inspections.

(4) Notification of the commencement of lead-based paint abatement activities in a residential dwelling or child-occupied facility or as a result of a Federal, State, or local order shall be given to the Department prior to the commencement of abatement activities as required in paragraph J. of this rule.

(5) A written occupant protection plan shall be developed for all abatement projects and shall be prepared according to the following procedures:

(a) The occupant protection plan shall be unique to each residential dwelling or child-occupied facility and be developed prior to the abatement. The occupant protection plan shall describe the measures and management procedures that will be taken during the abatement to protect the building occupants from exposure to any lead-based paint hazards.

(b) A certified supervisor or project designer shall prepare the occupant protection plan.

(6) The work practices listed below shall be restricted during an abatement as follows:

(a) Open-flame burning or torching of lead-based paint is prohibited;

(b) Machine sanding or grinding or abrasive blasting or sandblasting of lead-based paint is prohibited unless used with High Efficiency Particulate Air (HEPA) exhaust control which removes particles of 0.3 microns or larger from the air at 99.97 percent or greater efficiency;

(c) Dry scraping of lead-based paint is permitted only in conjunction with heat guns or around electrical outlets or when treating defective paint spots totaling no more than 2 square feet in any one room, hallway or stairwell or totaling no more than 20 square feet on exterior surfaces; and

(d) Operating a heat gun on lead-based paint is permitted only at temperatures below 1100 degrees Fahrenheit.

(7) If conducted, soil abatement shall be conducted in one of the following ways:

(a) If soil is removed, the lead-contaminated soil shall be replaced with soil that is not lead-contaminated; or

(b) If soil is not removed, the lead-contaminated soil shall be permanently covered, as defined in these regulations.

(8) The following post-abatement clearance procedures shall be performed only by a certified inspector or risk assessor:

(a) Following an abatement, a visual inspection shall be performed to determine if deteriorated painted surfaces and/or visible amounts of dust, debris or residue are still present. If deteriorated painted surfaces or visible amounts of dust, debris or residue are present, these conditions must be eliminated prior to the continuation of the clearance procedures.

(b) Following the visual inspection and any post-abatement cleanup required by paragraph E.(8)(a) of this Rule, clearance sampling for lead-contaminated dust shall be conducted by employing single-surface sampling or composite sampling techniques.

(c) Dust samples for clearance purposes shall be taken using documented methodologies that incorporate adequate quality control procedures.

(d) Dust samples for clearance purposes shall be taken a minimum of 1 hour after completion of final post-abatement cleanup activities.

(e) The following post-abatement clearance activities shall be conducted as appropriate based upon the extent or manner of abatement activities conducted in or to the residential dwelling or child-occupied facility:

(1) After conducting an abatement with containment between abated and unabated areas, one dust sample shall be taken from one window (if available) and one dust sample shall be taken from the floor of no less than four rooms, hallways or stairwells within the containment area. In addition, one dust sample shall be taken from the floor outside the containment area. If there are less than four rooms, hallways or stairwells within the containment area, then all rooms, hallways or stairwells shall be sampled.

(2) After conducting an abatement with no containment, two dust samples shall be taken from no less than four rooms, hallways or stairwells in the residential dwelling or child-occupied facility. One dust sample shall be taken from one window (if available) and one dust sample shall be taken from the floor of each room, hallway or stairwell selected. If there are less than four rooms, hallways or stairwells within the residential dwelling or child-occupied facility then all rooms, hallways or stairwells shall be sampled.

(3) Following an exterior paint abatement, a visual inspection shall be conducted. All horizontal surfaces in the outdoor living area closest to the abated surface shall be found to be cleaned of visible dust and debris. In addition, a visual inspection shall be conducted to determine the presence of paint chips on the dripline or next to the foundation below any exterior surface abated. If paint chips are present, they must be removed from the site and properly disposed of, according to all applicable Federal, State and local requirements.

(f) The rooms, hallways or stairwells selected for sampling shall be selected according to documented methodologies.

(g) The certified inspector or risk assessor shall compare the residual lead level (as determined by the laboratory analysis) from each dust sample with applicable clearance levels for lead in dust on floors and windows. If the residual lead levels in a dust sample exceed the clearance levels, all the components represented by the failed sample shall be recleaned and retested until clearance levels are met.

(9) In a multi-family dwelling with similarly constructed and maintained residential dwellings, random sampling for the purposes of clearance may be conducted provided:

(a) The certified individuals who abate or clean the residential dwellings do not know which residential dwelling will be selected for the random sample.

(b) A sufficient number of residential dwellings are selected for dust sampling to 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 exceed the appropriate clearance levels.

(c) The randomly selected residential dwellings shall be sampled and evaluated for clearance according to the procedures found in paragraph E.(8) of this Rule.

(10) An abatement report shall be prepared by a certified supervisor or project designer. The abatement report shall include the following information:

(a) Start and completion dates of abatement.

(b) The name and address of each certified firm conducting the abatement and the name of each supervisor assigned to the abatement project.

(d) The name, address, and signature of each certified risk assessor or inspector conducting clearance sampling and the date of clearance testing.

(e) The results of clearance testing and all soil analyses (if applicable) and the name of each recognized laboratory that conducted the analyses.

(f) A detailed written description of the abatement, including abatement methods used, locations of rooms and/or components where abatement occurred, reason for selecting particular abatement methods for each component, and any suggested monitoring of encapsulants or enclosures.

F. Renovation

(1) Applicability

(a) This rule applies to all renovations performed for compensation in target housing and child-occupied facilities, except for the following:

(1) Renovations in target housing or child-occupied facilities in which a written determination has been made by a certified inspector or risk assessor that the components affected by the renovation are free of paint or other surface coatings that contain lead equal to or in excess of 1.0 milligrams/per square centimeter (mg/cm²) or 0.5% by weight, where the firm performing the renovation has obtained a copy of the determination.

(2) Renovations in target housing or child-occupied facilities in which a certified renovator, using an EPA recognized test kit and following the kit manufacturer's instructions, has tested each component affected by the renovation or has collected a paint chip sample from each painted component affected by the renovation and a laboratory recognized by EPA pursuant to Section 405(b) of TSCA as being capable of performing analyses for lead compounds in paint chip samples has determined that the components are free of paint or other surface coatings that contain lead equal to or in excess of 1.0 mg/cm² or 0.5% by weight. If the components make up an integrated whole, such as the individual stair treads and risers of a single staircase, the renovator is required to test only one of the individual components, unless the individual components appear to have been repainted or refinished separately.

(3) Persons who perform lead-based paint activities within residential dwellings that they own and occupy are exempt from the regulations unless the residential dwelling is occupied by a person or persons other than the owner or owner's immediate family while these activities are being performed, or a child residing in the building has been identified as having an elevated blood lead level as determined by the United States Department of Health and Human Services; Centers for Disease Control and Prevention.

(b) The information distribution requirements in paragraph F.(4) of this rule do not apply to emergency renovations, which are renovation activities that were not planned but result from a sudden, unexpected event (such as non-routine failures of equipment) that, if not immediately attended to, presents a safety or public health hazard, or threatens equipment and/or property with significant damage. Interim controls performed in response to an elevated blood lead level in a resident child are also emergency renovations. Emergency renovations other than interim controls are also exempt from the warning sign, containment, waste handling, training, and certification requirements in paragraph F.(2) of this rule, L. of Rule 9.4, and G. of Rule 9.4 to the extent necessary to respond to the emergency. Emergency renovations are not exempt from the cleaning requirements of paragraph F.(2)(a)(5) of this Rule, which must be performed by certified renovators or individuals trained in accordance with paragraph G.(2) of Rule 9.4, the cleaning verification requirements of paragraph F.(2)(b) of this rule, which must be performed by certified renovators, and recordkeeping requirements of paragraph F.(3)(b)(6) of this rule.

(2) Work practice standards listed below shall be followed.

(a) Standards for renovation activities. Renovations must be performed by certified firms using certified renovators as required in paragraph L.(7)(a) of Rule 9.4 The responsibilities of certified firms are set forth in paragraph L.(7) of Rule 9.4 The responsibilities of certified renovators are set forth in paragraph G.(2) of Rule 9.4.

(1) Occupant protection. Firms must post signs clearly defining the work area warning occupants and other persons not involved in renovation activities to remain outside of the work areas. To the extent practicable, these signs must be in the primary language of the occupants. These signs must be posted before beginning the renovation and must remain in place and readable until the renovation and the post-renovation cleaning verification has been completed. If warning signs have been posted in accordance with 24 CFR 35.1345(b)(2) or 29 CFR 1926.62(m), additional signs are not required by this rule.

(2) Containing the work area. Before beginning the renovation, the firm must isolate the work area so that no dust or debris leaves the work area while the renovation is being performed. In addition, the firm must maintain the integrity of the containment by ensuring that any plastic or other impermeable materials are not torn or displaced, and taking any other steps necessary to ensure that no dust or debris leaves the work area while the renovation is being performed. The firm must also ensure that containment is installed in such a manner that it does not interfere with occupant and worker egress in an emergency.

(i) Interior renovations. The firm must:

(A) Remove all objects from the work area, including furniture, rugs, and window coverings, or cover them with plastic sheeting or other impermeable material with all seams and edges taped or otherwise sealed.

(B) Close and cover all ducts opening in the work area with taped down plastic sheeting or other impermeable material.

(C) Close 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.

(D) Cover the floor surface, including installed carpet, with taped down plastic sheeting or other impermeable material in the work area 6 feet beyond the perimeter of surfaces undergoing renovation or a sufficient distance to contain the dust, whichever is greater. Floor containment measures may stop at the edge of the vertical barrier when using a vertical containment system consisting of impermeable barriers that extend from the floor to the ceiling and are tightly sealed at joints with the floor, ceiling and walls.

(E) Use precautions to ensure that all personnel, tools, and other items, including the exteriors of containers of waste, are free of dust and debris before leaving the work area.

(ii) Exterior renovations. The firm must:

(A) Close all doors and windows within 20 feet of the renovation. On multi-story buildings, close all doors and windows within 20 feet of the renovation on the same floor as the renovation, and close all doors and windows on all floors below that are the same horizontal distance from the renovation.

(B) Ensure that doors within the work area that will be used while the job 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.

(C) Cover 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 covering. Ground containment measures may stop at the edge of the vertical barrier when using a vertical containment system.

(D) If the renovation will affect surfaces within 10 feet of the property line, the renovation firm must erect vertical containment or equivalent extra precautions in containing the work area to ensure that dust and debris from the renovation does not contaminate adjacent buildings or migrate to adjacent properties. Vertical containment or equivalent extra precautions in containing work area may also be necessary in other situations in order to prevent contamination of other buildings, other areas of the property, or adjacent buildings or properties.

(3) Prohibited and restricted practices. The work practices listed below are prohibited or restricted during a renovation as follows:

(i) Open-flame burning or torching of painted surfaces is prohibited;

(ii) The use of machines designed to remove paint or other surface coatings through high speed operation such as sanding, grinding, power planing, needle gun, abrasive blasting, or sandblasting, is prohibited on painted surfaces unless such machines have shrouds or containment systems and are equipped with a HEPA vacuum attachment to collect dust and debris at the point of generation. Machines must be operated so that no visible dust or release of air occurs outside the shroud or containment system.

(iii) Operating a heat gun on painted surfaces is permitted only at temperatures below 1100 degrees Fahrenheit.

(4) Waste from renovations

(i) Waste from renovation activities must be contained to prevent releases of dust and debris before the waste is removed from the work area for storage or disposal. If a chute is used to remove waste from the work area, it must be covered.

(ii) At the conclusion of each work day 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.

(iii) When the firm transports waste from renovation activities, the firm must contain the waste to prevent release of dust and debris.

(5) Cleaning the work area. After the renovation has been completed, the firm must clean the work area until no dust, debris or residue remains.

(i) Interior and exterior renovations. The firm must:

(A) Collect all paint chips and debris and, without dispersing any of it, seal this material in a heavy-duty bag.

(B) Remove the protective sheeting. Mist the sheeting before folding it, fold the dirty side inward, and either tape shut to seal or seal in heavy-duty bags. Sheeting used to isolate contaminated rooms from non-contaminated rooms must remain in place until after the cleaning and removal of other sheeting. Dispose of the sheeting as waste.

(ii) Additional cleaning for interior renovation. The firm must clean all objects and surfaces in the work area and within 2 feet of the work area in the following manner, cleaning from higher to lower:

(A) Walls. Clean walls starting at the ceiling and working down to the floor by either vacuuming with a HEPA vacuum or wiping with a damp cloth.

(B) Remaining surfaces. Thoroughly vacuum all remaining surfaces and objects in the work area, including furniture and fixtures, with a HEPA vacuum. The HEPA vacuum must be equipped with a beater bar when vacuuming carpets and rugs.

(C) Wipe all remaining surfaces and objects in the work area, except for carpeted or upholstered surfaces, with a damp cloth. Mop uncarpeted floors thoroughly, using a mopping method that keeps the wash water separate from the rinse water, such as the 2-bucket mopping method, or using a wet mopping system.

(b) Standards for post-renovation cleaning verification.

(1) Interiors.

(i) A certified renovator must perform a visual inspection to determine whether dust, debris or residue is still present. If dust, debris or residue is present, these conditions must be removed by re-cleaning and another visual inspection must be performed.

(ii) After a successful visual inspection, a certified renovator must:

(A) Verify that each windowsill in the working area has been adequately cleaned, using the following procedure:

(a) Wipe the windowsill 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.

(b) If the cloth does not match and is darker than the cleaning verification card, re-clean the windowsill as directed in paragraphs F.(2)(a)(5)(ii)(B) and (a)(5)(ii)(C) of this Rule, then either use a new cloth or fold the used cloth in such a way that an unused surface is exposed, and wipe the surface again. If the cloth matches or is lighter than the cleaning verification card, that windowsill has been adequately cleaned.

(c) If the cloth does not match and is darker than the cleaning verification card, wait for 1 hour or until the surface has dried completely, whichever is longer.

(d) After waiting for the windowsill to dry, wipe the windowsill with a dry disposable cleaning cloth. After this wipe, the windowsill has been adequately cleaned.

(B) 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 post-renovation cleaning verification. 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 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 the cleaning verification card, the surface has been adequately cleaned.

(a) If the cloth used to wipe a particular section does not match the cleaning verification card, re-clean that section of the surface as directed in paragraphs F.(2)(a)(5)(ii)(B) and (a)(5)(ii)(C) of this rule, then use a new wet disposal cleaning cloth to wipe that section again. If the cloth matches the cleaning verification card, that section of the surface has been adequately cleaned.

(b) If the cloth used to wipe a particular surface section does not match the cleaning verification card after the surface has been re-cleaned, wait for one hour or until the entire surface within the work area has dried completely, whichever is longer.

(c) After waiting for the entire surface within the work area to dry, wipe each section of the surface that has not yet achieved post-renovation cleaning verification with a dry disposable cleaning cloth. After this wipe, that section of the surface has been adequately cleaned.

(iii) When the work area passes the post-renovation cleaning verification, remove the warning signs.

(2) Exteriors. A certified renovator must 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, remove the warning signs.

(c) Optional dust clearance testing. Cleaning verification need not be performed if the contract between the renovation firm and the person contracting for the renovation requires:

(1) The renovation firm to perform dust clearance sampling at the conclusion of a renovation covered by this subpart.

(2) The dust clearance samples are required to be collected by a certified inspector, risk assessor or dust sampling technician.

(3) The renovation firm is required to re-clean the work area until the dust clearance sample results are below the clearance standards in paragraph A.4. of this rule.

(d) Activities conducted after post-renovation cleaning verification. Activities that do not disturb paint, such as applying paint to walls that have already been prepared, are not regulated by this subpart if they are conducted after post-renovation cleaning verification has been performed.

(3) Recordkeeping and reporting requirements.

(a) Firms performing renovations must retain and, if requested, make available to the Commission all records necessary to demonstrate compliance with this subpart for a period of 3 years following completion of the renovation.

(b) Records that must be retained pursuant to paragraph F.(3)(a) of this rule shall include (where applicable):

(1) Records or reports certifying that a determination had been made that lead-based paint was not present on the components affected by the renovation as described in paragraph F.(1)(a)(1) of this rule. These records or reports include:

(i) Reports prepared by a certified inspector or certified risk assessor.

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

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

(2) Signed and dated acknowledgments of receipt as described in paragraphs F.(4)(a)(1)(i), (a)(2)(i), (b)(1)(i), (c)(1)(i)(A) and (c)(1)(ii)(A) of this rule.

(3) Certificates of attempted delivery as described in paragraphs F.(4)(a)(2)(i) and (c)(1)(ii)(A) of this rule.

(4) Certificates of mailing as described in paragraphs F.(4)(a)(1)(ii), (a)(2)(ii), (b)(1)(ii), (c)(1)(i)(B) and (c)(I)(ii)(B) of this rule.

(5) Records of notification activities performed regarding common area renovations, as described in paragraphs F.(4)(b)(3) and (4) of this rule, and renovations in child-occupied facilities, as described in paragraph F.(4)(c)(2) of this rule.

(6) Documentation of compliance with the requirements of paragraph F.(2) of this rule, including documentation that a certified renovator was assigned to the project, that the certified renovator provided on-the-job training for workers used on the project, that the certified renovator performed or directed workers who performed all of the tasks described in paragraph F.(2)(a). of this rule, and that the certified renovator performed the post-renovation cleaning verification described in paragraph F.(2)(b). of this rule. If the renovation firm was unable to comply with all of the requirements of this rule due to an emergency as defined in paragraph F.(1)(c) of this rule, the firm must document the nature of the emergency and the provisions of the rule that were not followed. This documentation must include a copy of the certified renovator's training certificate, a copy of the renovator's Mississippi renovator certification certificate, and a certification by the certified renovator assigned to the project that:

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

(ii) Warning signs were posted at the entrances to the work area.

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

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

(v) The work area was contained by:

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

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

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

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

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

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

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

(vi) Waste was contained on-site and while being transported off site.

(vii) The work area was properly cleaned after the renovation by:

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

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

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

(c) When the final invoice for the renovation is delivered or within 30 days of the completion of the renovation, whichever is earlier, the renovation firm must provide information pertaining to compliance with this rule as follows:

(1) In a regulated structure:

(i) The owner of the building; and, if different,

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

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

(3) The information required to be provided by paragraph F.(3)(c) of this rule may be provided by completing the sample form titled "Sample Renovation Recordkeeping Checklist" or a similar form containing the test kit information and the training and work practice compliance information required by paragraph F.(3)(b)(6) of this rule.

(d) If dust clearance sampling is performed in lieu of cleaning verification as permitted by paragraph F.(2)(c) of this rule, the renovation firm must provide, when the final invoice for the renovation is delivered or within 30 days of the completion of the renovation, whichever is earlier, a copy of the dust sampling report to:

(1) The owner of the building; and, if different,

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

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

(4) Information distribution requirements.

(a) Renovations in dwelling units. No more than 60 days before beginning renovation activities in any residential dwelling unit of target housing, the firm performing the renovation must:

(1) Provide the owner of the unit with the pamphlet Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools, and comply with one of the following:

(i) Obtain, from the owner, a written acknowledgement that the owner has received the pamphlet.

(ii) Obtain a certificate of mailing at least 7 days prior to the renovation.

(2) In addition to the requirements in paragraph F.(4)(a)(1) of this rule, if the owner does not occupy the dwelling unit, provide an adult occupant of the unit with the pamphlet, and comply with one of the following:

(i) Obtain, from the adult occupant, a written acknowledgement that the occupant received the pamphlet; or certify in writing that a pamphlet has been delivered to the dwelling and that the renovator has been unsuccessful in obtaining a written acknowledgement from an adult occupant. Such certification must include the address of the unit undergoing renovation, the date and method of delivery of the pamphlet, names of the persons delivering the pamphlet, reason for lack of acknowledgement (e.g., occupant refuses to sign, no adult occupant available), the signature of the renovator, and the date of signature.

(ii) Obtain a certificate of mailing at least 7 days prior to the renovation.

(b) Renovations in common areas. No more than 60 days before beginning renovation activities in common areas of multi-unit target housing, the firm performing the renovation must:

(1) Provide the owner with the pamphlet Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools, and comply with one of the following:

(i) Obtain, from the owner, a written acknowledgement that the owner has received the pamphlet.

(ii) Obtain a certificate of mailing at least 7 days prior to the renovation.

(2) Comply with one of the following:

(i) Notify in writing, or ensure written notification of, each affected unit and make the pamphlet available upon request prior to the start of renovation. Such notification shall be accomplished by distributing written notice to each affected unit. The notice shall describe the general nature and locations of the planned renovation activities; the expected starting and ending dates; and a statement of how the occupant can obtain the pamphlet, and a copy of the records required by paragraphs F.(3)(c) and F.(3)(d) of this rule, at no charge to the occupants, from the firm performing the renovation, or

(ii) While the renovation is ongoing, post informational signs describing the general nature and locations of the renovation and the anticipated completion date. These signs must be posted in areas where they are likely to be seen by the occupants of all the affected units. The signs must be accompanied by a posted copy of the pamphlet or information on how interested occupants can review a copy of the pamphlet or obtain a copy from the renovation firm at no cost to occupants. The signs must also include information on how interested occupants can review a copy of the records required by paragraphs F.(3)(c) and F.(3)(d) of this rule or obtain a copy from the renovation firm at no cost to the occupants.

(3) Prepare, sign, and date a statement describing the steps performed to notify all occupants of the intended renovation activities and to provide the pamphlet.

(4) If the scope, locations, or expected starting and ending dates of the planned renovation activities change after the initial notification, and the firm provided written initial notification to each affected unit, the firm performing the renovation must provide further written notification to the owners and occupants providing revised information on the ongoing planned activities. This subsequent notification must be provided before the firm performing the renovation initiates work beyond that which was described in the original notice.

(c) Renovations in child-occupied facilities. No more than 60 days before beginning renovation activities in any child-occupied facility, the firm performing the renovation must:

(1) Provide the owner of the building with the pamphlet Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools, and comply with one of the following:

(i) Obtain, from the owner, a written acknowledgement that the owner has received the pamphlet.

(ii) Obtain a certificate of mailing at least 7 days prior to the renovation.

(2) If the operator of a child-occupied facility is not the owner of the building, provide an adult representative of the child-occupied facility with the pamphlet, and comply with one of the following:

(i) Obtain, from the adult representative, a written acknowledgment that the adult representative has received the pamphlet; or certify in writing that a pamphlet has been delivered to the facility and that the firm performing the renovation has been unsuccessful in obtaining a written acknowledgement from an adult representative. Such certification must include the address of the child-occupied facility undergoing renovation, the date and method of delivery of the pamphlet, names of the persons delivering the pamphlet, reason for lack of acknowledgment (e.g., representative refuses to sign), the signature of a representative of the firm performing the renovation, and the date of signature.

(ii) Obtain a certificate of mailing at least 7 days prior to the renovation.

(3) Provide the parents and guardians of children using the child-occupied facility with the pamphlet and information describing the general nature and locations of the renovation and the anticipated completion date and information on how interested parents or guardians of children frequenting the child-occupied facility can review a copy of the records required by paragraphs F.(3)(c) and F.(3)(d) of this rule or obtain a copy from the renovation firm at no cost to the occupants by complying with one of the following:

(i) Mail or hand-deliver the pamphlet and the renovation information to each parent or guardian of a child using the child-occupied facility; or

(ii) While the renovation is ongoing, post informational signs describing the general nature and locations of the renovation and the anticipated completion date. These signs must be posted in areas where they can be seen by the parents or guardians of children frequenting the child-occupied facility can review a copy of the pamphlet or obtain a copy from the renovation firm at no cost to the parents or guardians. The signs must also include information on how interested parents or guardians of children frequenting the child-occupied facility can review a copy of the records required by paragraphs F.(3)(c) and F.(3)(d) of this rule or obtain a copy from the renovation firm at no cost to the parents or guardians.

(4) The renovation firm must prepare, sign, and date a statement describing the steps performed to notify all parents and guardians of the intended renovation activities and to provide the pamphlet.

(d) Written acknowledgment. The written acknowledgements required by paragraphs F.(4)(a)(1)(i), (a)(2)(i), (b)(1)(i), (c)(1)(i)(A), and (c)(1)(ii)(A) of this rule must:

(1) Include a statement recording the owner or occupant's name and acknowledging receipt of the pamphlet prior to the start of renovation, the address of the unit undergoing renovation, the signature of the owner or occupant as applicable, and the date of signature.

(2) Be either a separate sheet or part of any written contract or service agreement for the renovation.

(3) Be written in the same language as the text of the contract or agreement for the renovation or, in the case of non-owner occupied target housing, in the same language as the lease or rental agreement or the pamphlet.

G. Collection and Laboratory Analysis of Samples. Any paint chip, dust, or soil samples collected pursuant to the work practice standards contained in this rule shall be:

(1) Collected by persons certified by the Commission as an inspector, risk assessor, or dust sampling technician; and

(2) Analyzed by a laboratory recognized by EPA pursuant to Section 405(b) of TSCA as being capable of performing analyses for lead compounds in paint chip, dust, or soil samples.

H. Composite Dust Sampling. Composite dust sampling may only be conducted in the situations specified in paragraphs C. through E. of this rule. If such sampling is conducted, the following conditions shall apply:

(1) Composite dust samples shall consist of at least two subsamples;

(2) Every component that is being tested shall be included in the sampling; and

(3) Composite dust samples shall not consist of subsamples from more than one type of component.

I. Recordkeeping. All reports or plans required in this rule shall be maintained by the certified firm or individual who prepared the report for a minimum of 3 years. The certified firm or individual also shall provide copies of these reports to the building owner who contracted for its services and the occupant of the building.

J. Project Notifications.

(1) General Provision. The Department shall be notified in writing on a form provided by the Department of any lead-based paint abatement or renovation activity in target housing or child-occupied facility no less than six (6) working days prior to commencement of the activity. Abatement or renovation notifications involving one or more units at the same address may be submitted on a single notification form; however, only one address per each notification form submitted to the Department. The Department notification form must be filled out completely and properly. Blanks which do not apply shall be marked "N/A". The designation of "N/A" will not be accepted for references requiring identification of the work site, building description, building owner, abatement and renovation companies, and individuals required to be identified on the notification form. An original signature is required of the certified firm's owner or an authorized agent of the firm on each notification form. A copied signature is not acceptable. The notification shall be considered invalid if it does not contain an original signature.

(2) Responsibility. It is the responsibility of the certified firm's owner or an authorized agent of the firm to notify the Department under this rule.

(3) Timeliness of Notification. Written notifications of lead-based paint abatement or renovation activity must be hand delivered, express mailed, or postmarked at least six (6) working days (not calendar days) before the start of lead-based paint abatement or renovation. Notifications must be delivered by United States Postal Service, commercial delivery, or by hand delivery. Telephone facsimile (FAX) is not permitted. The start date is considered to be the date when lead-based paint abatement or renovation begins.

(4) Start-Date Change to Later Date. When lead-based paint abatement or renovation activity will begin later than the date contained in the notice, the certified firm's owner or an authorized agent of the firm shall:

(a) Notify the Department of the changed start date by telephone as soon as possible but prior to the original start date. An amended notification is required in writing immediately following the foregoing notification; and

(b) Provide the Department with a written notice of the new start date as soon as possible, but no later than the original start date. Delivery of the updated notice by the United States Postal Service, commercial delivery service, hand delivery, or electronically is acceptable.

(5) Start-Date Change to Earlier Date. When lead-based paint abatement or renovation will begin on a date earlier than the date contained in the notice, the certified firm's owner or an authorized agent of the firm shall provide the Department with a written notice of the new start date at least six working days before the start of work.

(6) Start-Date/Stop-Date (completion date) requirement. In no event shall lead-based paint abatement or renovation activity, as covered by this rule, begin or be completed on a date other than the date contained in the written notice. Amendments to start date changes are to be submitted as required in J.(4) and J.(5) of this rule. An amendment is required for any stop dates which change by more than one work day for each week (seven calendar day period) for which the project has been scheduled and notification submitted. The certified firm shall provide schedule changes to the Department no less than 24 hours prior to the change or completion of the project. Emergency notification can be confirmed with the Department telephonically and followed up in writing.

(7) Provision for Emergency. In the event lead-based paint abatement or renovation activity is required due to an unexpected or unplanned lead-based paint incident, notification shall be made as soon as practicable, but not later than the following work day after the occurrence of the incident. Initial notification can be made by telephone, followed by formal notification on the Department's notification form. Emergencies shall be documented to the extent that the need for the emergency is evident. An emergency lead-based paint abatement or renovation activity means a lead-based paint abatement or renovation activity that was not planned, but results from a sudden, unexpected event which if not immediately attended to, presents a public health or safety hazard, and is necessary to protect equipment from damage, or is necessary to avoid imposing an unreasonable financial burden. This term includes activities necessitated by non-routine failures of equipment. This term does not include immediate abatement or renovation work solely from a lack of adequate planning for foreseeable lead-based paint abatement activity.

(8) Lead-based Paint Abatement Notification Fees. The certified firm's owner or an authorized agent of the firm shall remit to the Department a fee that is based on each individual and separate residential dwelling or multi-family dwelling or child-occupied facility at the same address to be abated or renovated as listed in this paragraph. Current fees are listed on the Department's schedule of fees for lead-based paint activities.

K. Lead-Based Paint Activities Requirements.

Lead-based paint activities, as defined in these regulations, shall only be conducted according to the procedures and work practice standards contained in this rule. No individual or firm may offer to perform or perform any lead-based paint activity as defined in these regulations, unless certified to perform that activity according to the procedures in Rule 9.4.

Notes

11 Miss. Code. R. 2-9.5

Miss. Code Ann. §§ 49-17-501, et seq., 49-2-1, et seq. and 49-17-1, et seq.

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