Section 845.225  Compliance Investigation in Regulated Facilities

a)         The owner, its agent and/or the licensed lead abatement contractor shall allow access to the Department or a delegate agency authorized by the Department to inspect a work area at any time during a lead abatement or lead mitigation project to determine compliance with the Act and this Part.

b)         Upon completion of the lead abatement or lead mitigation activities and the clean-up procedures outlined in Section 845.285, each work area shall pass a visual inspection and final clearance dust sampling, which shall include the following minimum requirements:

1)         A licensed lead inspector or risk assessor shall review the Work Practice and Occupant Protection Plan, developed by the licensed lead supervisor as outlined in Section 845.255, to determine the areas that require final clearance.

2)         A licensed lead inspector or risk assessor shall receive and review the written assurance statement provided by the licensed lead supervisor as required in Section 845.155.

3)         A licensed lead inspector or risk assessor shall conduct a visual inspection of the work areas identified in the above-referenced Work Practice and Occupant Protection Plan to ensure that the surfaces have been abated or mitigated.  The licensed lead inspector or risk assessor shall notify the owner or its agent and the licensed lead abatement contractor of the results of the visual inspection, and shall include the locations and characteristics of surfaces with inadequate treatment.  The visual assessment shall be documented in writing by the licensed lead inspector or risk assessor.

4)         For work areas that pass the final visual inspection, a licensed lead inspector or risk assessor shall collect at least the following dust wipe samples for no fewer than four rooms within the work area identified in the Work Practice and Occupant Protection Plan (if there are fewer than 4 rooms, all rooms shall be sampled):

A)        At least one sample shall be collected from the floor;

B)        At least one sample shall be collected from a window stool and one sample from a window well if available.  If there is not a window located within the work area, these dust samples shall be collected from alternative horizontal surfaces;

C)        One sample shall be located on a horizontal surface at or near the entrance to the work area.

5)         For areas that fail the final visual inspections, the licensed lead abatement contractor shall repeat the procedures outlined in Section 845.285.

6)         For areas that pass the final visual inspection, but are found in non-compliance with the regulatory limits established in Section 845.205, the licensed lead abatement contractor shall repeat the procedures outlined in Section 845.285 for non-compliant surfaces and those horizontal surfaces below the non-compliant surfaces.  Upon completion of these procedures, the licensed lead inspector or risk assessor shall repeat the visual assessment and dust sampling specified in subsection (b) for those non-compliant surfaces and the horizontal surfaces below the non-compliant surfaces. This process shall continue until compliance with the regulatory limits established in Section 845.205 is achieved.

c)         Before a work area may be released for re-occupancy, the work area must meet the following requirements.

1)         The work area shall pass the visual inspection outlined in subsection (a), ensuring that all abated or mitigated surfaces and all uncarpeted floors have been treated to provide smooth and easily cleanable surfaces.

2)         Lead dust levels on horizontal surfaces are below the levels established in Section 845.205.  All environmental lead samples must be submitted and analyzed by an accredited laboratory.

d)         Upon achieving acceptable clearance results, the licensed lead inspector or risk assessor shall prepare a written compliance investigation report.  A copy of the compliance investigation report shall be provided to the licensed lead abatement contractor and to the owner of the regulated facility.  The report shall include the following:

1)         The written statement required by subsection (b)(2) of this Section stating that the work area has passed the final visual inspection;

2)         A written statement that the dust wipe samples collected in the work area were within acceptable limits as outlined in Section 845.205;

3)         The printed name, license number and written signature of the person who conducted the clearance sampling; and

4)         A copy of the field sampling forms utilized, including the locations where the samples were collected and a copy of the laboratory results.

e)         The licensed lead inspector or risk assessor shall keep a copy of the compliance investigation report as required by the record keeping requirements outlined in Section 845.230.