1. (a) A lead-based paint inspection shall:

   1. (1) Be conducted by either a lead inspector or risk assessor licensed in accordance with He-P 1612;
   2. (2) Identify all components within a dwelling, dwelling unit, or child-care facility with coating which meets the definition of lead-based paint;
   3. (3) Consist of testing all components for lead-based paint including sampling and analysis methods as listed in He-P 1608.04 on all surfaces of each painted, varnished, or otherwise coated component of the dwelling, dwelling unit, or child care facility.

2. (b) A lead-based substance inspection shall consist of all the requirements for conducting a lead-based paint inspection in accordance with He-P 1608.02 and the following which may be performed by a certified lead clearance testing technician or a licensed lead inspector or risk assessor:

   1. (1) Collecting soil samples for analysis in accordance with He-P 1608.04 if bare soil is located in any of the following areas:

      1. a. In a child’s play area;
      2. b. Within 5 feet of the foundation area; or
      3. c. Within 100 feet of the foundation when the total surface area of the bare soil is equal to or greater than one square yard or 9 square feet; and

   2. (2) Collecting single surface or composite dust samples and submitting the samples to a certified laboratory for analysis in accordance with procedures set forth in He-P 1608.04(b) and (c) from the following areas:

      1. a. In single family dwellings the samples shall be collected from the floor and a window well, or a windowsill in each living area, hallway, and stairwell where a child is likely to come in contact with dust; or
      2. b. In a multi-family dwelling or child care facility the samples shall be collected from the floor and a window well, or a windowsill, in living and common areas to the dwelling unit or child care facility where a child is likely to come in contact with dust.

3. (c) A visual, dust, and soil inspection shall:

   1. (1) Be conducted by a lead inspector, risk assessor, or lead clearance testing technician licensed or certified in accordance with He-P 1612;
   2. (2) Include a visual assessment identifying areas of deteriorated, flaking, chipping, peeling, or not-intact paint;

   3. (3) Include collection of soil samples for analysis in accordance with He-P 1608.04 and submitting the samples to a certified laboratory for analysis if bare soil is located in any of the following areas:

      1. a. In a child’s play area;
      2. b. Within 5 feet of the foundation area; or
      3. c. Within 100 feet of the foundation when the total surface area of the bare soil is equal to or greater than one square yard or 9 square feet; and

   4. (4) Include collection of single surface dust samples and submission of the samples to a certified laboratory for analysis in accordance with procedures set forth in He-P 1608.04(b) and (c) from the following areas:

      1. a. In single family dwellings the samples shall be collected from the floor and a window well, or a windowsill in at least four rooms where a child is likely to come in contact with dust; or
      2. b. In a multi-family dwelling or child care facility, in addition to (a) above, samples shall also be collected from the floor and a window well, or a windowsill in common areas to the dwelling unit or child care facility where a child is likely to come in contact with dust.
4. (d) The licensed or certified individual conducting the lead-based paint, lead-based substance inspection, or visual, dust, and soil inspection, shall issue a report to the owner and department, as applicable that complies with the requirements of He-P 1608.01(e).

Source. #5920, eff 1-1-95; amd by #6096, eff 9-22-95; ss by #7181, eff 12-24-99; amd by #7393, INTERIM, eff 10-28-00, EXPIRED: 4-26-01; ss by #7495, eff 5-23-01; ss by #8039, eff 2-13-04; ss by #8932, eff 7-6-07; ss by #9986, eff 9-1-11, EXPIRED: 9-1-19 New. #13052, eff 6-11-20; ss by #14230, eff 4-2-25