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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 295OCCUPATIONAL HEALTH
SUBCHAPTER ITEXAS ENVIRONMENTAL LEAD REDUCTION
RULE §295.212Standards for Conducting Lead-Based Paint Activities

(a) Inspection.

  (1) Lead-based paint inspections shall be conducted only by persons certified by the department as an inspector or risk assessor and must be conducted according to the procedures in this section.

  (2) When conducting an inspection, the following locations shall be selected according to approved documented methodologies and tested for the presence of lead-based paint.

    (A) For every residential dwelling and child-occupied facility, each interior component with a distinct painting history, and each exterior component with a distinct painting history shall be tested for lead-based paint, except those components that the inspector or risk assessor determines to have been replaced after 1978, or to not contain lead-based paint.

    (B) If conducting an inspection in a multi-family dwelling or child-occupied facility, all components with a distinct painting history in every common area shall be tested for lead-based paint, except those components that the inspector or risk assessor determines to have been replaced after 1978, or to not contain lead-based paint.

  (3) The collection and analysis of paint samples to determine the presence of lead-based paint shall be conducted using approved documented methodologies which incorporate adequate quality control procedures and analyzed according to subsection (e) of this section.

  (4) The certified inspector or risk assessor shall prepare a written inspection report, which shall include the following information:

    (A) date of inspection;

    (B) address of buildings and units;

    (C) date of construction of buildings and units;

    (D) unit numbers (if applicable);

    (E) name, address, and telephone number of the owner of buildings and units;

    (F) name, signature, and certification number of each certified inspector and/or risk assessor conducting testing;

    (G) name, address, and telephone number of the certified firm employing or contracting with each inspector and/or risk assessor;

    (H) name, address, and telephone number of each recognized laboratory conducting an analysis of collected samples;

    (I) each testing method and device and/or sampling procedure employed for paint analysis, including quality control data, copy of laboratory reports, and, if used, the brand name, model, and serial number of any XRF device, including downloaded XRF data;

    (J) specific locations of each painted component tested for the presence of lead-based paint; and

    (K) the results of the inspection expressed according to the sampling method used.

  (5) All inspection reports shall be retained for a minimum of three years.

(b) Lead hazard screen.

  (1) A lead hazard screen shall be conducted only by persons certified by the department as risk assessors.

  (2) A lead hazard screen shall be conducted as follows.

    (A) Collect 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 or more children six years of age or younger.

    (B) A visual inspection of the residential dwelling or child-occupied facility and common area shall be conducted to:

      (i) determine if any deteriorated paint is present; and

      (ii) locate at least two dust sampling locations.

    (C) If deteriorated paint is present, each surface with deteriorated paint and having a distinct painting history shall be tested, using approved documented methodologies, for the presence of lead-based paint.

    (D) In residential dwellings, two composite dust samples shall be collected, one from the floors and the other from the windows, in rooms, hallways, or stairwells where one or more children, age six or younger, are most likely to come in contact with dust.

    (E) In multi-family dwellings and child-occupied facilities, in addition to the floor and window samples required in subparagraph (D) of this paragraph, the risk assessor shall also collect composite dust samples from any common areas where one or more children six years of age or younger are likely to come into contact with dust.

  (3) Any paint and dust samples shall be taken using approved documented methodologies that incorporate adequate quality control procedures.

  (4) Any collected paint chip or dust samples shall be analyzed according to subsection (e) of this section to determine if they contain detectable levels of lead that can be quantified numerically.

  (5) The risk assessor shall prepare a written lead hazard screen report, which shall include the following:

    (A) the information required in a risk assessment report as specified in subsection (c) of this section, excluding paragraphs (11)(P) - (R); and

    (B) recommendations concerning the desirability for follow-up risk assessments.

  (6) All lead hazard screen reports shall be retained for a minimum of three years.

(c) Risk assessment.

  (1) A lead risk assessment shall be conducted only by persons certified by the department as risk assessors and must be conducted according to the procedures in this subsection.

  (2) A visual inspection for risk assessment of the residential dwelling or child-occupied facility shall be undertaken to locate the existence of deteriorated paint, assess the extent and causes of the deterioration, and other potential sources of lead-based paint hazards. If deteriorated paint or other potential sources of lead-based paint hazards are present, each surface with deteriorated paint or each painted surface which is a potential lead-based paint hazard shall be tested using approved documented methodologies for the presence of lead.

  (3) Background information shall be collected regarding the physical characteristics of the residential dwelling or child-occupied facility and occupant use patterns that may result in lead-based paint exposure to one or more children six years of age or younger.

  (4) The following surfaces which are determined, using approved documented methodologies to have a distinct painting history, shall be tested for the presence of lead:

    (A) each friction surface or impact surface with visibly deteriorated paint; and

    (B) all other surfaces with visibly deteriorated paint.

  (5) In residential dwellings, dust samples (either composite or single-surface samples) from the interior window sill(s) and floor shall be collected and analyzed for lead concentration in all living areas where one or more children six years of age or younger are most likely to come into contact with dust.

  (6) For multi-family dwellings and child-occupied facilities, the samples required in paragraph (4) of this subsection shall be taken. In addition, interior window sill and floor dust samples (either composite or single-surface samples) shall be collected and analyzed for lead concentration in the following locations:

    (A) common areas adjacent to the sampled residential dwelling or child-occupied facility; and

    (B) dripline/foundation areas where bare soil is present.

  (7) For child-occupied facilities, interior window sill and floor dust samples (either composite or single-surface samples) shall be collected and analyzed for lead concentration in each room, hallway or stairwell utilized by one or more children, age six and under, and in other common areas in the child-occupied facility where one or more children, age six and under, are likely to come into contact with dust.

  (8) Soil samples shall be collected and analyzed for lead concentrations in the following locations:

    (A) exterior play areas where bare soil is present;

    (B) the rest of the yard (i.e., non-play areas) where bare soil is present; and

    (C) dripline/foundation areas where bare soil is present.

  (9) Any paint, dust, or soil sampling or testing shall be conducted using approved documented methodologies that incorporate adequate quality control procedures.

  (10) Any collected paint chip, dust, or soil samples shall be analyzed according to subsection (e) of this section to determine if they contain detectable levels of lead that can be quantified numerically.

  (11) A written risk assessment report shall be completed by a certified risk assessor and the report shall include the following information:

    (A) date of assessment;

    (B) physical address of building;

    (C) date of construction of building;

    (D) unit numbers (if applicable);

    (E) name, address, and telephone number of the owner of each building or unit;

    (F) name, signature, and certification number of the certified risk assessor conducting the assessment;

    (G) name, address, and telephone number of the certified firm employing each risk assessor;

    (H) name, address, and telephone number of each recognized laboratory conducting analysis of collected samples;

    (I) results of the visual inspection;

    (J) testing method and sampling procedure for paint analysis employed;

    (K) specific locations of each painted component tested for the presence of lead-based paint;

    (L) all data collected from on-site testing including quality control data and, if used, the brand name, model, and serial number of any XRF device (including downloaded XRF data);

    (M) copies of all laboratory analysis on collected paint, soil, and dust samples;

    (N) any other sampling results;

    (O) any background information collected pursuant to paragraph (3) of this subsection;

    (P) to the extent that they are used as part of the lead-based paint hazard determination, an evaluation of the adequacy of any previous inspections or analyses for the presence of lead-based paint, or other assessments of lead-related hazards;

    (Q) a description of the location, type, and severity of identified lead-based paint hazards and any other potential lead hazards; and

    (R) a description of recommended interim controls and/or abatement options for each identified lead-based paint hazard, and a suggested prioritization for taking each action based on the immediacy and severity of the hazard. If the use of an encapsulant or enclosure is recommended, the report shall include a maintenance and monitoring schedule for the encapsulant or enclosure.

  (12) All risk assessment reports shall be retained for a minimum of three years.

(d) Abatement.

  (1) A lead abatement shall be conducted only by an individual certified by the department as a worker or supervisor, and if conducted, shall be conducted according to the procedures in this subsection.

  (2) A certified supervisor is required for each abatement project and shall be onsite during all work site preparation and during the post-abatement cleanup of work areas. At all other times when abatement activities are being conducted, the certified supervisor shall be available either directly or through a pager or answering service, and able to be present at the work site in no more than two hours.

  (3) The certified supervisor and the certified firm employing that supervisor shall ensure that all abatement activities are conducted according to the requirements of this subsection and all other federal, state, and local requirements.

  (4) Notification of the commencement of lead-based paint abatement activities in target housing or child-occupied facilities or as a result of a federal, state, or local order shall be given to the department, according to the procedures established in §295.214 of this title (relating to Notifications), prior to the commencement of abatement activities.

  (5) A written occupant protection plan shall be developed and implemented for all abatement projects and shall be prepared according to the following procedures.

    (A) The occupant protection plan shall be unique to each residential dwelling or child-occupied facility and be developed prior to the abatement. The occupant protection plan shall describe the measures and management procedures that will be taken during the abatement to protect any individual with access to the abatement area from exposure to any lead-based paint hazards.

    (B) A certified supervisor or project designer shall prepare and sign the occupant protection plan.

    (C) The occupant protection plan must be kept at the worksite by the certified lead abatement firm at all times during any abatement activity.

  (6) Unless presumed lead, a copy of the lead inspection or lead risk assessment report prepared for the lead abatement project shall be kept at the worksite by the certified lead abatement firm and be available for department inspection.

  (7) The following work practices shall be followed during a lead abatement.

    (A) Open-flame burning or torching of lead-based paint is prohibited.

Cont'd...

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