Section 845.215  Procedures for Lead Risk Assessments in Regulated Facilities

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

b)         Conflict of Interest. Lead risk assessors conducting lead risk assessment activities 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 risk assessors shall obtain or prepare a statement of services in accordance with the client's specifications. The statement shall include the scope of the lead risk assessment, 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 whether the service was a comprehensive lead risk assessment.  If the service was not a comprehensive lead risk assessment, the extent and limitations of the service shall be clearly stated.

d)         Visual Assessment. A visual inspection for risk assessment to locate the existence of deteriorated paint, assess the extent and causes of the deterioration, and evaluate other potential lead hazards shall be conducted prior to environmental sampling.

e)         Collection of Background Information. The lead risk assessor shall collect background information regarding the physical characteristics of the property, including use patterns that may cause exposure to a lead hazard.

f)          Sample Locations for Paint.  When conducting a lead risk assessment, a lead risk assessor shall select the following locations according to the USEPA Residential Sampling for Lead: Protocols for Dust and Soil Sampling and HUD Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing.  The following locations shall be tested for the presence of a lead bearing substance, in accordance with Section 845.200.  The following surfaces that are determined to be a distinct testing combination shall be tested for the presence of lead:

1)         Each friction surface;

2)         Each impact surface with visibly deteriorated paint; and

3)         All other surfaces with visibly deteriorated paint.

g)         Sample Locations for Dust.  When conducting a lead risk assessment, a lead risk assessor shall select the following locations according to USEPA Residential Sampling for Lead: Protocols for Dust and Soil Sampling and HUD Guidelines methodologies, and test for the presence of lead hazards in dust in accordance with Section 845.200.  The following representative locations shall be tested for lead dust based on visual assessment of painting history and component type:

1)         Two single surface dust samples shall be collected, one from the floor and one from the window in each area where occupants are likely to come into contact with dust;

2)         Additionally, interior window stool and floor dust samples (single-surface samples only) shall be collected and analyzed for lead concentration in common areas where the occupants are likely to come into contact with lead.  Composite samples are not permitted.

h)         Soil Sampling.  Soil samples are discretionary based on the visual assessment.  If collected, soil samples shall be collected in accordance with USEPA Residential Sampling for Lead: Protocols for Dust and Soil Sampling and HUD Guidelines methodologies.  Soil samples collected with laboratory analyses reported as equal to or greater than the levels specified in Section 845.205 are considered elevated.

i)          All environmental sampling or testing shall be conducted using methodologies that incorporate adequate quality control procedures as referenced in Section 845.200.

j)          Any collected paint chip, dust, soil or water samples shall be analyzed by an accredited laboratory.

k)         The lead risk assessment 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 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 requested by the owner and the extent of service provided by the lead risk assessor.  The statement shall be descriptive and shall indicate whether the service was a comprehensive lead risk assessment.  If the service was not a comprehensive lead risk assessment, the extent and limitations of the service shall be clearly stated. The statement shall also include a narrative description of the facility, including general condition, condition of the painted surfaces and maintenance practices;

6)         A list of the location and type of lead hazards and lead bearing substances identified.  The lead hazards and lead bearing substances shall be cross-referenced with a basic floor plan drawing of the facility assessed.  Each lead hazard identified shall be accompanied by written hazard control options available to the owner to address each lead hazard.  The lead hazard listing shall be arranged based on priority;

7)         If the service was conducted for a regulated facility with multiple dwelling units, recommendations for maintenance of lead bearing substances and lead hazards that may be employed universally for all units in the complex shall be provided to the property owner;

8)         A copy of all XRF sampling reports and laboratory analyses, and a statement as to how the samples were collected; and

9)         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 HUD Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing.

l)          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.