TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845 LEAD POISONING PREVENTION CODE
SECTION 845.85 ENVIRONMENTAL FOLLOW-UP


 

Section 845.85  Environmental Follow-Up

 

a)         Environmental Investigation of Regulated Facilities − Child Confirmed With Elevated Blood Lead Level

 

1)         Upon notification that a child who is an occupant or frequent inhabitant of a regulated facility is reported to have a confirmed blood lead level that would necessitate an environmental investigation, a representative of the Department or a delegate agency is authorized to inspect any regulated facility for the purpose of determining the source of lead poisoning.  In the following cases, an environmental investigation and follow-up shall be conducted by the Department or delegate agency:

 

A)        If a child has a confirmed blood lead level at or above 20 mcg/dL;

 

B)        If a child has three successive confirmed blood lead levels of 15- 19 mcg/dL with no time requirement between tests;

 

C)        If a child has a single confirmed blood lead level at or above 10 mcg/dL and the child's physician requests an investigation to determine whether the child should be removed from the regulated facility because of the lead hazard;

 

D)        If a child less than three years of age has a single confirmed blood lead level at or above 10 mcg/dL; or

 

E)        If mitigation notices are issued for two or more dwelling units in a building within a five year time period, the Department may inspect common areas in the building and shall inspect units where children under the age of 6 reside, at the request of a parent or guardian of the child, or a pregnant woman resides, at the pregnant woman's request.

 

2)         An investigation of a regulated facility to determine the source of lead poisoning as required by this Section shall be conducted using procedures and guidance outlined in this Section and the documented methodologies specified in Section 845.15, and shall consist of at least the following:

 

A)        An interview with the owner or occupant about dwelling or facility use patterns and potential lead hazards, including inquiries regarding:

 

i)          Improperly glazed pottery;

 

ii)         Ethnic or folk medicines;

 

iii)        Hobbies and occupation;

 

iv)        Other dwellings;

 

v)         International travel; and

 

vi)        Recent renovations;

 

B)        A visual assessment of the condition of the building, appurtenant structures and painted surfaces; and

 

C)        Environmental sampling of deteriorated paint and dust based upon subsection (a)(4) of this Section.

 

3)         Sampling shall be conducted by at least one of the following methods or a combination thereof:

 

A)        X-Ray fluorescence (XRF) testing.  XRF equipment shall be operated in accordance with work practice standards incorporated in Section 845.15 and the manufacturer's operational manual.  Surfaces sampled with XRF readings equal to or greater than the levels specified in Section 845.205 are considered to be lead bearing substances.

 

B)        Dust wipe sampling.  Dust wipe samples shall be collected in accordance with documented methodologies specified in Section 845.15.  Dust samples collected with laboratory analysis reported as equal to or greater than the levels specified in Section 845.205 are considered elevated and are considered lead hazards.

 

C)        Paint chip sampling.  Paint chip samples shall be collected in accordance with documented methodologies specified in Section 845.15.  Surfaces where paint chip samples are collected with analysis reported as equal to or greater than the levels specified in Section 845.205 are considered to be lead bearing substances.

 

D)        Soil sampling.  Soil samples are discretionary based on the visual assessment.  If collected, soil samples shall be collected in accordance with documented methodologies specified in Section 845.15.  Soil samples with laboratory analysis reported as equal to or greater than the levels specified in Section 845.205 are considered elevated.

 

E)        Water sampling.  Water samples are discretionary.  If collected, water samples shall be collected in accordance with documented methodologies specified in Section 845.15.  Water samples with laboratory analysis reported as equal to or greater than the levels specified in Section 845.205 are considered elevated.

 

4)         All environmental samples, excluding XRF sampling, shall be submitted to and analyzed by an accredited laboratory, as defined in Section 845.20.

 

5)         Following an investigation, the Department or its delegate agency shall:

 

A)        Prepare an investigation report that shall:

 

i)          State the address of the regulated facility;

 

ii)         Describe the scope of the investigation, the investigation procedures used, and the method of ascertaining the existence of a lead bearing substance in the regulated facility;

 

iii)        State whether any lead bearing substances were found in the regulated facility;

 

iv)        Describe the nature, extent, and location of any lead bearing substance that is found;

 

v)         State either that a lead hazard does exist or that a lead hazard does not exist.  If a determination is made that a lead hazard does exist, the report shall describe the source, nature and location of the lead hazard.  The existence of intact lead paint does not alone constitute a lead hazard for the purposes of this Section; and

 

vi)        Give the name of the person who conducted the investigation and the person to contact for further information regarding the investigation and the requirements of this Part and the Act.

 

B)        Provide a copy of the investigation report to the property owner and to the occupants of the regulated facility.  If a lead bearing substance is found, the Department or its delegate agency shall attach a brochure containing information on lead abatement and mitigation to the copy of the investigation report provided to the property owner and the occupants of the regulated facility. 

 

C)        If the investigation report identifies a lead hazard, the Department or delegate agency shall serve a mitigation notice on the property owner stating that the owner is required to mitigate the lead hazard.  The mitigation notice shall indicate the time period in which the owner must complete the mitigation as required by this Section, and shall include information describing mitigation activities that meet the requirements of this Part and the Act. Whenever a mitigation notice is issued pursuant to Section 9 or Section 9.2 of the Act, the Department shall make the owner aware of any financial assistance programs that may be available for lead mitigation through the federal, State or local government or a not-for-profit organization.  (Section 9.3 of the Act)

 

D)        If the source of the lead hazard identified in the investigation report is lead paint or any other leaded surface coating, the lead hazard shall be deemed to have been mitigated if:  

 

i)          The surface identified as the source of the hazard is no longer in a condition that produces a hazardous level of leaded chips, flakes, dust or any other form of leaded substance that can be ingested or inhaled by humans; or

 

ii)         The surface identified as the source of the hazard is accessible to children and could reasonably be chewed on by children, the surface coating is either removed or covered, or the access to the leaded surface by children is otherwise prevented as prescribed by the Department in this Part.  

 

E)        When a mitigation notice is issued for a regulated facility inspected as a result of an elevated blood lead level in a pregnant woman or a child, or if the dwelling unit is occupied by a child under 6 years of age or a pregnant woman, the owner shall mitigate the hazard within 30 days after receiving the notice; otherwise, the owner shall complete the mitigation within 90 days.  

 

F)         An owner may apply to the Department or its delegate agency for an extension of the deadline for mitigation.

 

G)        The Department or its delegate agency may, after the deadline set for completion of mitigation, conduct a follow-up inspection of any regulated facility for which a mitigation notice was issued for the purpose of determining whether the mitigation actions required have been completed and whether the activities have sufficiently mitigated the lead hazard.  The Department or its delegate agency may conduct a follow-up inspection upon the request of an owner or resident.  If, upon completing the follow-up inspection, the Department or its delegate agency finds that the lead hazard for which the mitigation notice was issued is not mitigated, the Department or its delegate agency shall serve the owner with notice of the deficiency and a mitigation order.  The order shall indicate the specific actions the owner must take to comply with the mitigation requirements of the Act, which may include abatement if abatement is the sole means by which the lead hazard can be mitigated.  The order shall also include the date by which the mitigation shall be completed.  If, upon completing the follow-up inspection, the Department or delegate agency finds that the mitigation requirements of the Act have been satisfied, the Department or delegate agency shall provide the owner with a certificate of compliance stating that the required mitigation has been accomplished.  (Section 9 of the Act)

 

b)         Mitigation or Abatement of Lead Hazards in Regulated Facilities. Lead mitigation or lead abatement activities shall not result in lead contamination of areas outside of the abatement work area.  The removal of lead bearing substances from regulated facilities shall be conducted in a manner that will not endanger the health or well-being of occupants and will result in the safe removal of lead bearing substances from the work area and the safe disposal of flakes, chips, debris, dust, and other lead bearing substances.  Lead hazard repairs shall be completed within the time specified after receipt of written notification.  Lead mitigation or lead abatement activities required by this Section may be conducted using any or all of the procedures outlined, or as prescribed by the Department or its delegate agency.

 

1)         All loose paint shall be moistened and carefully scraped from defective surfaces.  These areas shall then be covered with contact paper, cloth, canvas, or other material that will create an intact surface for the purpose of preventing the paint chips from falling on the floor.  All debris shall be collected and sealed in plastic bags for proper disposal.

 

2)         Any surfaces that have collected dust shall be cleaned by damp mopping with a detergent and water solution or a phosphate-free, lead-dissolving detergent.

 

3)         A mitigation plan shall be submitted by the owner or its agent to the Department or delegate agency, specifying the method or methods by which surfaces that will be managed in place are to be maintained in an intact condition.  The plan shall include an inspection schedule that includes inspection by the owner or its agent at least annually, and a maintenance schedule.  Any surfaces that are not intact, as determined through an inspection, shall be repaired using the mitigation techniques specified in this Section.

 

4)         Alternative Procedures

 

A)        The Department or delegate agency may allow an alternative procedure for lead abatement, lead mitigation, containment or cleanup of a lead paint hazard, provided that the owner submits to the Department or delegate agency a written description of the alternative procedure that demonstrates to the satisfaction of the Department or delegate agency that the proposed alternative procedure provides a level of abatement and safety at least equivalent to the requirements of this Section.

 

B)        In all cases in which the Department or delegate agency allows the use of an alternative procedure, the owner and occupant shall, for a one-year period after completion of the lead abatement or lead mitigation project, permit the Department or delegate agency to enter and inspect the area of abatement for the purpose of determining the effectiveness and durability of the allowed alternative procedure.

 

c)         Regulated Facilities Not Requiring Abatement or Mitigation.  Notwithstanding any other provision of this Part, abatement or mitigation is not required when the property owner enters into a stipulation with the Department that will protect children from exposure to lead bearing substances.  The stipulation shall be by written agreement, and shall provide that any violation of the agreement shall cause the immediate issuance of a mitigation or abatement order.  Examples of conditions that may be included in a stipulation entered into by the property owners and the Department are as follows:

 

1)         The property shall be demolished; or

 

2)         The property shall be vacated.