3302

LEAD-SAFE WORK PRACTICES: GENERAL

3302.1 Except as provided in § 3303, or if a dwelling unit qualifies as a “lead-free unit” in accordance with either § 3314.5, § 3314.6 or § 3314.7, any individual, firm or entity engaged in an activity that disturbs a painted surface and that by so doing may generate a lead-based paint hazard, such as paint chips, dust, or debris, shall use lead-safe work practices as set forth in this chapter and D.C. Official Code § 8-231.11 whenever the property or facility was built prior to 1978.

3302.2 Except as provided in § 3303, the use of lead-safe work practices, as set forth in this chapter and D.C. Official Code § 8-231.01 et seq., is required of individuals, firms, or business entities performing renovation, remodeling, maintenance, repairs, gut rehab, demolition, carpentry, HVAC, roofing, siding, plumbing, painting, or electrical work, inside or on the exterior surfaces of a dwelling unit or a child-occupied facility, if there is a danger of lead-based paint hazards being generated.

3302.3 An owner, individual, firm, or business entity shall:

(a) Prepare interior work areas by removing personal belongings, rugs, and window coverings, or by covering same with plastic whose seams and edges are taped or otherwise sealed;

(b) Prepare exterior work areas by removing any moveable items or by covering them with plastic whose seams and edges are taped or otherwise sealed;

(c) Post signs that clearly define each work area, warn occupants and others who are not involved in the work to remain outside of the work area, to the extent practicable are in the primary language of the occupants, are posted before the work begins, and remain readable and in place until the work has been completed, including the completion of the appropriate cleaning verification process;

(d) Use plastic sheeting to isolate contaminated rooms from non-contaminated rooms;

(e) Keep all plastic sheeting used to isolate contaminated rooms from non-contaminated rooms in place until after the cleaning and removal of other sheeting;

(f) Dispose of any plastic sheeting as waste;

(g) Cover the floor and any furniture with a taped-down plastic covering or other impermeable material that will not tear easily;

(h) Close all windows and doors in the work area;

1. (i) For interior work, the secure covering shall extend at least six feet (6 ft.) beyond the perimeter of surfaces where work that disturbs painted surfaces is taking place;
2. (j) For exterior work, cover the soil, grass, or concrete with a taped-down or otherwise secured plastic sheeting or other disposable impermeable material that will not tear easily, and extend the covering to at least ten feet (10 ft.) beyond the perimeter of surfaces where work that disturbs painted surfaces is taking place;
3. (k) For work that will affect surfaces within ten feet (10 ft.) of the property line, erect vertical containment or equivalent extra precautions in containing the work area to ensure that dust and debris from the work does not contaminate adjacent buildings or migrate to adjacent properties;
4. (l) Isolate interior work areas so that no dust or debris leaves the work areas while work is being performed, while ensuring that such containment does not interfere with occupant and worker egress in case of an emergency;
5. (m) Maintain the integrity of the containment by ensuring that any plastic sheeting or other impermeable materials are not torn or displaced;
6. (n) For exterior work, close all doors and windows within twenty feet (20 ft.) of any area where work that disturbs painted surfaces is taking place, and on multi-story buildings, close all doors and windows within twenty feet (20 ft.) of such work area on the same floor as the work area, and close all doors and windows on all floors below that are the same horizontal distance from the work area;
7. (o) Take reasonable measures to ensure all work clothes, shoes, tools, and other items, including the exteriors of waste containers, are free of dust and debris before workers exit or items are removed from the work area;
8. (p) Cover doors located within the area of containment with plastic so that workers can pass through, while confining dust and debris to the work area;
9. (q) Take the necessary precautions in containing the work area to ensure no dust or debris leaves the work area while work is being performed or contaminates other buildings or other areas of the property or migrates over to neighboring properties or structures;
10. (r) Use a spray bottle to mist any painted surfaces with water prior to scraping, sanding, drilling, or cutting any painted surfaces;
11. (s) Close and cover all duct openings in the work area with taped-down plastic sheeting or other impermeable material;

(t) At least once at the end of each work day, spray-mist and collect all paint chips and debris and seal them in a heavy-duty bag that will not tear easily, without dispersing any paint chips or debris;

(u) Upon completion of work disturbing painted surfaces, spray-mist and fold all plastic coverings, dirty-side inwards, taping the folded plastic coverings shut or sealing them in heavy-duty bags that do not tear easily;

(v) At the end of each work day and at the conclusion of all work, store all waste that has been collected under containment in an enclosure or behind a barrier that prevents release of dust and debris out of the work area and that prevents access to dust and debris;

(w) Cover any chute, if one is used to remove waste from the work area, to prevent any of the waste from escaping and dispersing;

(x) Contain all waste, when it is being transported from the work areas, to prevent any release of dust or debris;

(y) Upon completion of work disturbing painted surfaces, clean all objects and surfaces in the work area and within two feet (2 ft.) of the work area, in adherence with the specific methods and requirements prescribed in 40 CFR § 745.85(a)(5); and

(z) Ensure that the work area and those areas within two feet (2 ft.) of the work area have no visible dust or debris left after the final work area cleanup has been completed.

3302.4 In addition, any owner, individual, firm, or business entity shall:

(a) Comply with the following work practice standards, as applicable:

(1) Work practice standards in 40 CFR § 745.226 and 40 CFR § 745.227, or any successor regulation of EPA;

(2) U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) standards relating to lead, including those standards found at 29 CFR § 1926.62 and 29 CFR § 1910.1025, and any successor regulations;

(3) U.S. Department of Housing and Urban Development (HUD) Methods and Standards for Lead-Paint Hazard Evaluation and Hazard Reduction Activities contained in 24 CFR part 35, and any successor regulations; and

(4) Any other standards required under this chapter;

(b) Adhere to the prohibition of unsafe practices listed at 24 CFR § 35.140 and with § 3304 of these rules;

(c) Prevent paint dust, chips, debris, or residue from being dispersed onto adjacent property or increasing the risk of public exposure to lead-based paint; and

(d) Adhere to other requirements for renovations listed in 40 CFR §§ 745.80 through 745.92, including the standards for post-renovation cleaning verification and the reporting and recordkeeping requirements.

SOURCE: Final Rulemaking published at 60 DCR 10909 (July 26, 2013).