Section 845.210  Procedures for Lead Inspections in Regulated Facilities

a)         Licensure. A lead inspection shall be conducted only by a person licensed by the Department as set forth in Section 845.125 as a lead inspector or lead risk assessor. Licensed lead inspectors and risk assessors shall present, upon request, proof of licensure in the form of the Department-issued photo identification license.

b)         Conflict of Interest. Lead inspectors and risk assessors conducting lead inspections shall avoid potential conflicts of interest by not being an employee of the client (other than as contracted for the services at hand) or of the lead abatement contractor for the abatement or mitigation project for which clearance is being evaluated.

c)         Lead inspectors and risk assessors shall obtain or prepare a written statement of services in accordance with the client's specifications. The statement shall include the scope of the lead inspection, including a summary statement indicating what service was requested by the owner and the extent of service provided.  The statement shall be descriptive and shall indicate if the service was a comprehensive lead inspection.  If the service was not a comprehensive lead inspection, the extent and limitations of the service shall be clearly stated.

d)         Visual Assessment and Property Diagram.  A visual assessment of the condition of the building, structures, surfaces and/or components to be included in the lead inspection shall be performed prior to environmental sampling.

1)         A detailed property diagram shall be produced using a systematic labeling system.

2)         A written inventory shall be produced of each testing combination for all interior and exterior room equivalents.

e)         Sampling Locations for Paint. When conducting a lead inspection, a lead inspector or risk assessor shall select the following locations according to the USEPA Residential Sampling for Lead: Protocols for Dust and Soil Sampling and HUD Guidelines and shall test the following locations for the presence of a lead bearing substance in accordance with Section 845.200:

1)         Each interior and exterior component that has a distinct painting history, except for components that the lead inspector or risk assessor determines do not contain lead bearing substances.

2)         Additional samples for each component that has a distinct painting history in every common area, except for components that the lead inspector or risk assessor determines do not contain lead bearing substances.

f)          Any sampling for lead in paint, dust, water or soil shall be collected using USEPA Residential Sampling for Lead: Protocols for Dust and Soil Sampling and HUD Guidelines methodologies.

g)         Preparation of Inspection Report. The lead inspection shall be documented in a written report that shall include the following:

1)         The name and address of the regulated facility;

2)         The name, address and telephone number of the property owner;

3)         The name, license number and written signature of the lead inspector or risk assessor performing the work.  A copy of the individual's license current at the time of the work shall be included in the report;

4)         The date of the field work and the date of the report;

5)         A summary statement indicating what service was performed as specified by the client in the contract for services.  The statement shall be descriptive and shall indicate whether the service was a comprehensive lead inspection.  If the service was not a comprehensive lead inspection, the extent and limitations of the service shall be clearly stated;

6)         Results of the visual inspections, including a narrative description of the regulated facility, including general condition, painted surfaces condition and maintenance practices;

7)         A list of the locations of the lead bearing substances identified.  The list shall be cross-referenced with a basic floor plan drawing of the regulated facility inspected;

8)         A copy of all XRF sampling reports and laboratory analyses;

9)         Each testing method, device and XRF serial number (if applicable), and sampling procedures employed for paint analysis, including quality control data; and

10)         A statement that the presence of lead bearing substances shall be disclosed to potential buyers and renters prior to obligation under a sales contract or lease in accordance with Section 845.25, 24 CFR 35 and 40 CFR 745.  Sample disclosure language can be found in the HUD Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing, Chapter 7.

h)         The written report required by this Section shall be provided to the owner.  A copy of the report shall be maintained by the licensed professional who performed the service in accordance with Section 845.230.