20 CAR § 130-804 – Performance of a risk assessment for the presence of lead-based paint and lead-based paint hazards on target housing or child-occupied facilities

(a) Risk assessments may only be performed on target housing or child-occupied facilities by an individual who is:
1. (1) Certified by the Department of Health as a risk assessor; and
2. (2) Employed by a licensed lead-based paint abatement contractor or a lead-based paint consultant or as an in-house employee.
(b)
1. (1) If conducted, a risk assessment shall be conducted only by a person certified by the department as a risk assessor according to the procedures in this section.
2. (2) A visual inspection for risk assessment of the target house or child-occupied facility shall be undertaken to:
  1. (A) Locate the existence of deteriorated paint;
  2. (B) Assess the extent and causes of the deterioration; and
  3. (C) Other potential lead-based paint hazards.
3. (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 (1) or more children six (6) years of age and younger shall be collected.
4. (4) The following surfaces, which are determined using documented methodologies to have a distinct painting history, shall be tested for the presence of lead:
  1. (A) Each friction surface or impact surface with visibly deteriorated paint; and
  2. (B) All other surfaces with visibly deteriorated paint.
5. (5) In target housing, dust samples (either composite or single-surface samples) from the interior window sill or sills and floor shall be collected in all living areas where one (1) or more children, six (6) years of age or younger, are most likely to come into contact with dust.
6. (6)
  1. (A) For multifamily dwellings and child-occupied facilities, the samples required in subdivision (b)(4) of this section shall be taken.
  2. (B) In addition, interior window sill and floor dust samples, either composite or single-surface samples, shall be collected in the following locations:
(i) Common areas adjacent to the sampled target housing or child-occupied facility; and
1. (ii) Other common areas in the building where the risk assessor determines that one (1) or more children, six (6) years of age and younger, are likely to come into contact with dust.
2. (7) For child-occupied facilities, interior window sill and floor dust samples, either composite or single-surface samples, shall be collected in each room, hallway, or stairwell utilized by one (1) or more children, six (6) years of age and younger, and in other common areas in the child-occupied facility where the risk assessor determines one (1) or more children, six (6) years of age and younger, are likely to come into contact with dust.
3. (8) Soil samples shall be collected and analyzed for lead concentrations in the following locations:
  1. (A) Exterior play areas where bare soil is present;
  2. (B) The rest of the yard (that is, nonplay areas) where bare soil is present; and
  3. (C) Dripline/foundation areas where bare soil is present.
4. (9) Any paint, dust, or soil sampling or testing shall be conducted using documented methodologies that incorporate adequate quality control procedures.
5. (10) Any collected paint chip, dust, or soil samples shall be analyzed according to 20 CAR § 130-806, to determine if they contain detectable levels of lead that can be quantified numerically.
6. (11) The certified risk assessor shall prepare a written risk assessment report which shall include the following information:
  1. (A) Date of assessment;
  2. (B) Address of each building;
  3. (C) Date of construction of buildings;
  4. (D) Apartment number (if applicable);
  5. (E) Name, address, and telephone number of each owner of each building;
  6. (F) Name, address, telephone number, signature, and certification of the certified risk assessor conducting the assessment;
  7. (G) Name, address, and telephone number, and license number of the licensed contractor or consultant employing each certified risk assessor;
  8. (H) Name, address, and telephone number of each recognized laboratory, as provided in 20 CAR § 130-806, conducting analysis of collected samples;
  9. (I) Results of the visual inspection;
  10. (J) Testing method and sampling procedure for paint analysis employed;
  11. (K) Specific locations of each painted component tested for the presence of lead, including a diagram;
  12. (L) All data collected from on-site testing, including quality control data and, if used, the serial number of any XRF device, the name and certificate number of the individual operating the XRF machine, and the name and license number of the contractor or consultant employing the operator;
  13. (M) All results of laboratory analysis on collected paint, soil, and dust samples;
  14. (N) Any other sampling results;
  15. (O) Any background information regarding the physical characteristics of the target house or child-occupied facility and occupant use patterns that may cause lead-based paint exposure to one (1) or more children, six (6) years of age or younger, which shall have been collected;
  16. (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;
  17. (Q) A description of the location, type, and severity of identified lead-based paint hazards and any other potential lead hazards, including a diagram; and
  18. (R)
    1. (i) A description of interim controls and/or abatement options for each identified lead-based paint hazard and a suggested prioritization for addressing each hazard.
    2. (ii) If the use of an encapsulant or enclosure is recommended, the report shall recommend a maintenance and monitoring schedule for the encapsulant or enclosure.

Codification Notes: “XRF” means x-ray fluorescence.