06-096 C.M.R. ch. 424, § 7 - Lead Inspection, Lead Determination, and Risk Assessment Requirements

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Lead inspections, lead determinations, risk assessments and lead hazard screens shall be conducted in accordance with the procedures described in this Section.

A. Lead inspections and lead determinations. The objective of a lead inspection is to identify and report on the presence and condition of lead-based paint in a residential dwelling unit or child-occupied facility. A lead determination is a limited inspection of a residential dwelling unit or child-occupied facility for lead. Lead inspections and lead determinations may include sampling and analysis of dust, soil, and water.

Note: Risk assessors do not need to perform risk assessments if contractually the owner request only a lead inspections or determination.

(1) Lead inspection requirements. A lead inspection of residential dwelling units and child-occupied facilities shall include testing of all testing combinations, or each individual surface or component, in the residential dwelling unit or child-occupied facility that are coated with paint, varnish, shellac, stain, or other coating, including those that have been coated and covered with wallpaper, except those known to have been replaced after 1978. Sampling for a lead inspection in residential dwelling units and child-occupied facilities shall at a minimum meet the requirements of Appendix D of this Chapter.

(a) The lead content of paint on testing combinations, or each individual surface or component, shall be tested by using a portable X-Ray Fluorescence analyzer (XRF) and/or paint chip sampling performed in accordance with Appendix D. The lead inspection shall include the testing of all testing combinations or each individual surface or component in the residential dwelling unit or child-occupied facility. The test location(s) shall be representative of the testing combination(s), or each individual surface or component including all layers of paint and shall be sufficient distance from pipes or electrical outlets to avoid interference.

(i) The lead inspector or risk assessor may assume that inaccessible painted components or surfaces contain lead-based paint.

(ii) The number of XRF readings per testing combination shall at a minimum, meet the requirements of Appendix D of this Chapter. If acceptable test locations cannot be found for XRF testing, a paint chip sample shall be collected for laboratory analysis.

(iii) Paint chip samples shall be collected for laboratory analysis from all testing combinations with inconclusive XRF test results, or the testing combination shall be assumed to be coated with lead-based paint until otherwise demonstrated. Paint chip samples shall be collected and analyzed in accordance with the requirements contained in Appendix A.

(b) A lead inspection shall include characterization of the condition of all identified lead-based painted testing combination(s) as either in intact, fair, or poor condition.

(c) When conducting inspections in multi-family dwelling units the lead inspector or risk assessor shall use Appendix D of this Chapter for determining the required number of units, testing combinations, common areas and exteriors to be tested.

(2) Lead determination requirements. Any lead determination shall comply with the following requirements.

(a) The lead content of paint on the testing combination(s) or each individual surface or component being tested may be tested by using a portable XRF and/or paint chip sampling performed in accordance with Appendix A or D.

(b) Lead determinations shall include the testing of the testing combination(s), or each individual surface or component except those known to have been replaced after 1978, at the residential dwelling unit or child-occupied facility. The test locations shall be representative of the testing combination(s) or each individual surface or component including all layers of paint and be sufficient distance from pipes or electrical outlets to avoid interference. The inspector or risk assessor may assume the inaccessible painted components or surfaces contain lead-based paint.

(c) The number of XRF reading(s) per testing combination, shall at a minimum, meet the requirements of Appendix D of this Chapter. If acceptable test locations cannot be found for XRF testing, a paint chip sample shall be collected for laboratory analysis. Paint chip samples shall be collected for laboratory analysis from all testing combination(s) that test inconclusive with the XRF, or the testing combination(s) may be assumed to be coated with lead-based paint until otherwise demonstrated. Paint chip samples shall be collected and analyzed in accordance with the requirements contained in Appendix A.

(3) Lead inspection and determination reports. The lead inspector or risk assessor shall prepare and provide to their client a report that shall include the following information:

(a) Date of the lead inspection or lead determination;

(b) Address of each building;

(d) Apartment number (if applicable);

(e) Name, address, and telephone number of each owner of each building or dwelling unit;

(f) Name, signature, and Maine certification number of the certified lead inspector(s) conducting the lead inspection/risk assessor or lead determination;

(g) An explanation of how to understand the lead inspection report;

(h) A summary by room of all components that contain lead-based paint, including all components represented by testing combinations, any components not tested because they were replaced after 1978;

(i) The name, address, and telephone number of each laboratory conducting analysis of collected samples. Laboratories performing analyses must be accredited in accordance with the requirements of Section 7(D);

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

(k) A brief description of the residential dwelling unit or child-occupied facility, and line diagrams showing the rooms, including common areas, of the residential dwelling unit or child-occupied facility;

(l) Specific locations of each painted testing combination that were tested for the presence of lead, including the listing of components represented by each testing combination, and the identification of lead-based paint that is in poor condition;

(m) An assessment of the condition of the paint for each testing combination tested, if applicable;

(n) All data collected from on-site testing, including quality control data and the serial number of all XRF devices used to perform analyses;

(o) All results of laboratory analysis on collected paint, soil, dust, and water samples, and identification of any lead identified by these analyses;

(p) Any other sampling results; and

(q) A lead-safe certificate, if applicable.

(4) Environmental lead inspection summary reports to the Department. Within thirty days of completion of each lead inspection, the lead inspector/risk assessor shall submit to the Department a summary report in a form approved by the Department. These summary reports must include: the lead inspector's name, signature and Maine certification number; address of property inspected, including apartment number, if applicable; date of lead inspection; the presence or absence of lead-based paint and certification of lead-safe status, as applicable. See Appendix F for a copy of the Environmental Lead Inspection Summary Report Form.

(5) Recordkeeping requirements. Lead inspectors shall retain a copy of each lead inspection and lead determination report for a minimum of seven years at his or her principal place of business or at an archive facility approved in advance by the Department. Complete reports shall be made available to the Department upon request.

B. Risk assessments. The objectives of a risk assessment are to identify and report on the existence, nature, severity, source, and location of lead-based paint hazards and lead hazards; and to identify and report on options for reducing or eliminating identified lead-based paint hazard or lead hazards, including interim controls or abatement measures, or both. A complete risk assessment is performed on the entire dwelling unit and all common areas; the scope of a targeted risk assessment is determined through contract.

(1) Complete and targeted risk assessments. Complete and targeted risk assessments include the following:

(a) Visual assessment . The risk assessor shall perform a visual assessment of the residential dwelling unit or child-occupied facility, exterior building surfaces and any surrounding land belonging to the owner to identify potential lead-based paint hazards or lead hazards, as follows:

(i) If prior lead inspection reports are available, risk assessors shall consider whether the past lead inspection conforms to current standards. If the prior lead inspection is determined to be reliable and complete, the risk assessor is only required to visually assess surfaces that have been determined to contain lead-based paint. If a lead inspection has not been completed or if the risk assessor determines that the lead inspection report is or may be unreliable, a complete lead inspection shall be conducted in accordance with the requirements of Section 7(A)(1). A targeted risk assessment shall include the testing of all painted surfaces in poor condition in accordance with the requirements of Section 7(A)(1) within the area of the residence contracted for risk assessment.

(ii) The risk assessor may assume that inaccessible surfaces with paint in poor condition contain lead-based paint.

(iii) The risk assessor shall identify potential soil and water hazards on the property.

(iv) The risk assessor shall examine buildings and the work area for structural deficiencies, substrate deficiencies, and other conditions that contribute to observed paint deterioration and other potential lead-based paint hazards (i.e., lead paint dust, water, such as deterioration in the roof that results in water leaks).

(2) Evaluation of potential lead hazards. The risk assessor shall determine if the potential hazards identified during the visual assessment are lead-based paint hazards or lead hazards.

(a) Poor condition paint. Painted surfaces in poor condition with lead-based paint shall be considered lead-based paint hazards.

(b) Friction and impact surfaces. Friction and impact surfaces with lead-based paint may be identified as a lead-hazard dependent upon the surface condition. Friction surfaces that are subject to abrasion and where the lead dust level on the nearest horizontal surface is equal to or greater than the dust lead hazard identified in Section 7(B)(2)(c), or an impact surface with chipping or flaking lead-based paint caused by impact from an adjacent surface and where the lead dust level on the nearest horizontal surface is equal to or greater than the dust lead hazard identified in Section 7(B)(2)(c), may be lead hazards.

(i) Risk assessors may recommend that these surfaces be repaired to prevent the development of lead hazards.

(c) Dust. Dust tests of all selected residential dwelling unit and child-occupied facilities shall be performed in accordance with Section 7(C)(1) to determine if lead-contaminated dust is present. A lead-based paint hazard exists if the single surface results for any room equivalent are equal to or exceeds the following quantities of lead-contaminated dust:

(i) Hard floors, porches, and other horizontal surfaces - 10 ug/ft².

(ii) Carpeted floors - 10 ug/ft².

(iii) Interior windowsills and/or window troughs - 100 ug/ft².

(d) Soil. If bare soil is identified during a visual assessment soil tests must be performed in accordance with Section 7(C)(2). If the test results are equal to or exceeds 100 ppm in bare soil play areas or 900 ppm from the perimeter of the building in other than play areas, the soil in these areas shall be considered a lead hazard.

(e) Water hazard assessment. Water shall be sampled in accordance with the requirements of Section 7(C)(3). If any of the test results equal to or exceed 15 ppb the water shall be considered a lead hazard.

(f) Survey. The risk assessor may survey the occupants to determine whether an occupant's occupation or hobbies pose a risk that lead may be brought into the residence from those activities.

(g) Identify acceptable lead-based paint hazard and lead hazard control options. Using information on existing lead hazards and the condition of the building, the risk assessor shall identify acceptable lead-based paint hazard or lead hazard control methods. Control options include abatement and interim controls. Lead abatement activities shall be conducted in accordance with the work practice requirements contained in Section 6.

(h) Multiple units. When conducting risk assessments in multi family dwelling unit the risk assessor shall use Appendix D of this Chapter for determining the required number of units to be assessed and the required number of dust and soil samples to be collected.

(3) Risk assessment reports. The risk assessor shall prepare and provide to their client a report, which shall include the following information:

(a) Date of the risk assessment;

(b) Address of each building;

(d) Apartment number (if applicable);

(e) Name, address, and telephone number of each owner of each building or dwelling unit;

(f) Name, signature, and Maine certification number of the risk assessor conducting the risk assessment;

(g) Name, address, and telephone number of each laboratory conducting analysis of collected samples. Laboratories performing analyses must be accredited in accordance with the requirements of Section 7(D);

(h) An explanation of how to understand the risk assessment report;

(i) A summary by room of all components that contain lead-based paint, including the clear identification of all lead-based paint hazards and lead hazards;

(j) Testing method and sampling procedure for analyses employed;

(k) Identification of the existence, nature, severity, source, and location of all lead-based paint hazards and lead hazards;

(l) A description of structural and substrate condition for each identified lead-based paint hazard;

(m) Acceptable methods for control of all lead-based paint hazards and lead hazards identified, including interim controls and/or abatement methods;

(n) All data collected from on-site testing, including quality control data and the serial number of all XRF device(s) used to perform analyses;

(o) All results of laboratory analysis on collected paint, soil, dust, and water samples;

(p) A lead-safe certificate, if applicable;

(q) A brief description of a pre-1978 residential dwelling unit or child occupied facility, and line diagrams showing the rooms, including the common areas of a residential dwelling unit or child occupied unit should be included in the risk assessment; and

(r) Risk assessment reports including recommendations are valid for one year and can only be amended or changed by performing a new risk assessment.

(4) Lead hazard screen. A lead hazard screen is a limited risk assessment appropriate in dwelling unit in good condition where the probability of finding lead-based paint hazards is low. If dust levels for windowsills are equal to or exceed 50 ug/ft² or if the dust level for a hard or carpeted floor is equal to or exceeds 5 ug/ft², then a risk assessment is warranted. At a minimum, a lead hazard screen includes the following:

(a) Background information regarding the physical characteristics of the residential dwelling unit or child-occupied facility.

(b) Occupant use patterns that may cause lead-based paint exposure to children less than 6 years of age.

(c) A visual inspection to determine if any paint in poor condition is present and to locate at least two dust sampling locations.

(d) Testing for lead of each surface or testing combination with paint in poor condition.

(e) Two composite dust samples, one from the floors and others from the windowsills in rooms, hallways, or stairwells, including common areas, where any child less than 6 years of age is most likely to come in contact with lead paint dust.

(f) A lead hazard screen report including all information gained during the lead hazard screen, including: a narrative describing the background information, occupant use patterns, and the visual inspection; a description of any testing combinations used; the locations from which samples were collected, including an explanation of any composite sampling; and recommendations on the need for any follow-up inspection or risk assessment and interim controls and/or lead abatement to reduce lead-based paint hazards.

(5) Summary reports to the Department. Within 30 of completion of each risk assessment and/or lead hazard screening, the risk assessor shall submit to the Department a summary report in a form approved by the Department. These summary reports must include: risk assessor's name, signature and Maine certification number; address of property, including apartment number if applicable; date of risk assessment; the presence or absence of lead-based paint and lead hazards; and certification of lead-safe status, as applicable; See Appendix F for a copy of the Environmental lead inspection summary report form and

(a) Recordkeeping requirements. Risk assessors shall retain a copy of each risk assessment report at their principal place of business or at an archive facility approved in advance by the Department for a minimum of seven years. Complete reports shall be made available to the Department upon request.

C. Sampling requirements for lead in settled dust, soil, and water. Whenever a lead inspector or risk assessor, collects samples to determine the presence of lead in settled dust, soil or water, the following sample methodology shall be employed.

Note: See Appendix A for soil, settled dust and paint chip sampling protocols.

(1) Settled dust sampling. Dust sampling within dwelling/child occupied units shall be conducted by single-surface wipe samples except that composite sampling may be performed as part of a lead hazard screen. Dust samples shall be analyzed in accordance with the requirements contained in Section 7(D)(2). Locations for dust wipe samples shall be selected based upon the presence of lead paint and the potential for tracking of lead dust into the residential dwelling unit or child-occupied facility.

(a) If a lead inspection, lead determination or risk assessment has determined that there is no lead-based paint present in any room equivalent, dust wipe samples are not required in those room equivalents except that one dust wipe shall be taken from the floor area within three feet of each exterior entryway whenever exterior lead-based paint or lead-contaminated soil is present.

(b) Number and location of dust samples within dwelling units. The following specific locations are recommended to be sampled for settled dust:

(i) The floor and an interior windowsill of the bedroom of the youngest child six months of age or more. If there are no children living in the residential dwelling unit or child-occupied facility or if the residential dwelling unit or child-occupied facility is vacant, the samples shall be collected from the room that would likely be used as the bedroom of the youngest child six months of age or more.

(ii) The floor and an interior windowsill of the principal play area of the youngest child six months of age or more other than their bedroom. If there are no children living in the residential dwelling unit or child-occupied facility or if the residential dwelling unit or child-occupied facility is vacant, the samples shall be collected from the room that would likely be used as the play room of the youngest child six months of age or more. If there is no window in the sampled playroom, a sample shall be collected from the interior windowsill of another room that would likely be frequented by the youngest child six months of age or more.

(iii) The floor of the principal entryway. If the principal entryway is not distinguishable from the sampled play area or the sampled bedroom, the sample shall be collected from the floor of another high-traffic area (such as the living room, family room, TV room, dining area, or kitchen) that is distinguishable from the sampled play room or the sampled bedroom.

(iv) An interior windowsill sample from the kitchen. If there is no window in the kitchen, the sample shall be collected from an interior windowsill in the dining area or another room likely to be frequented by the youngest child six months of age or more.

(v) At least one additional representative sample may also be collected from horizontal surfaces such as heating components and shelving, as applicable.

(i) In multi-family buildings of four stories or less, one sample from the entry area floor and one from the floor of the first landing of a common stairway or from the first-floor hallway. If there is a hallway window that is frequently used, the risk assessor shall collect a sample from the interior windowsill and substitute this sample for the floor sample from the first landing or hallway.

(ii) In community buildings, day care centers, or other buildings, which are frequented by children and are in the same complex as the residential dwelling unit dust sampling shall be completed in accordance with the following:

a. For spaces up to 2,000 square feet, collect two dust samples from widely separated locations in high traffic areas used by or accessible to children, and one dust sample from an interior windowsill.

b. For spaces over 2,000 square feet, collect one additional floor sample for each increment of 2,000 square feet, and one additional sample of an interior windowsill for each additional increment of 2,000 square feet.

c. In the building's management office, one dust sample shall be collected from the floor of the resident waiting area; two dust samples shall be collected if the area is more than 400 square feet.

(d) If conducting dust sampling on floors and interior windowsills, specific dust sampling locations shall be selected as follows:

(i) Floors. Select hard floor surfaces that are reasonably accessible. If hard floor surfaces are not available, select carpeted surfaces. If there are friction or impact surfaces in the room, select a floor location near the friction or impact surface that is most likely to be generating lead contaminated dust. If there are no friction or impact surfaces but there is visible floor dust, select one or more dusty locations accessible to children 6 months up to 6 years of age. If none of these conditions are present, select the highest traffic area in the room.

(ii) Interior windowsills. Select windows that are frequently opened especially those most frequently contacted by children. If children's use patterns are unknown, select windows that have friction surfaces. If none of these conditions are present, select randomly.

(iii) Common areas. Select floor locations in a high traffic area and windowsill locations at windows that are frequently operated.

(e) If conducting composite sampling as part of a lead hazard screen, the risk assessor shall conduct the sampling in accordance with the requirements of Appendix C of this Chapter.

(2) Soil sampling. Soil testing shall be conducted on the building perimeter along the building drip line, and bare soil in the yard. Except for play areas and the foundation drip line, sampling is not required unless other bare soil areas total more than 9 square feet. Soil samples shall be analyzed in accordance with the requirements contained in section 7(D)(2).

(a) Selecting areas to sample. At a minimum: one composite sample shall be collected from each of the child's principal play areas, one composite sample from any area of bare soil that appears likely to pose a risk, as applicable; and one composite sample from along the foundation drip line.

(b) Sampling procedures. The following procedures shall be used to collect the soil samples:

(i) Each sample shall consist of equal soil subsamples taken in accordance with the soil sampling protocol delineated in Section 2(C) of Appendix A.

(ii) The foundation drip line subsamples may be combined into a single composite sample, and subsamples from the principal play area may be composited as a single sample.

(iii) If paint chips are present in the soil they shall be included as part of the soil sample.

(3) Water sampling. Water samples shall be analyzed in accordance with the requirements contained in Section 7(D)(2). Identify the tap(s) which serve as the major source(s) of drinking and cooking water in the residential dwelling unit or child-occupied facility. Collect a first draw and flushed sample in accordance with the following procedure.

(a) First-draw samples. Collect a water sample from the cold-water tap(s) after there has been no water used for at least six hours. The water sample(s) should contain the first drops of water as the faucet is turned on and continue until the sample container is filled.

(b) Flushed samples. Collect a water sample from the same cold-water tap(s) as the first-draw samples. Allow the water to run for five (5) minutes after collecting the first-draw samples before filling the sample container to be identified as the flushed sample.

D. Sample analysis. All laboratories performing analyses of lead in paint, dust, soil and water under this Chapter shall be accredited by the U.S. Environmental Protection Agency's National Lead Laboratory Accreditation Program (NLLAP) and certified for environmental lead analysis in accordance with 10-144 and 06-096 C.M.R. ch. 263, Maine Comprehensive and Limited Environmental Laboratory Certification Rules. Paint, dust, and soil samples must be analyzed in accordance with the requirements of the Environmental Lead Proficiency Analytical Testing Program (ELPAT). Analysis of lead in water must be performed by a laboratory certified by the Maine Department of Health and Human Services to analyze for lead in drinking water.

(1) XRF paint analysis. The use of an XRF analyzer to test a painted surface shall be performed in accordance with the following:

(a) Instrument Calibration

(i) The calibration of each XRF instrument used shall be verified against the manufacturer's Performance Characteristic Sheet (PCS) and in accordance with the manufacturer's recommended calibration and with the requirements of Appendix D.

(ii) If the XRF instrument does not produce readings within the manufacturer's specified tolerance as described in the manufacturer's calibration procedure, the instrument shall be removed from use until such time as the unit has been demonstrated to be operating within the manufacturer's specified tolerance.

(iii) The XRF shall be operated in conformance with the instrument's Performance Characteristic Sheet developed by the U.S. EPA and HUD.

(iv) The XRF shall otherwise be operated according to manufacturer's instructions.

(b) Special requirements applicable to XRF instruments. The following requirements shall apply when field measurement by XRF is used:

(i) The user shall have a currently valid radioactive materials license for the XRF instrument used, in accordance with the State of Maine Rules Relating to Radiation Protection (10-144 C.M.R. ch. 220). Any user operating under a radioactive materials license issued by another jurisdiction shall be in compliance with the reciprocity provisions of the Rules Relating to Radiation Protection (10-144 C.M.R. ch. 220, Pt. C Section 24); and

(ii) The user(s) shall comply with all applicable provisions of their radioactive materials license and the Rules Relating to Radiation Protection (10-144 C.M.R. ch. 220).

(2) Dust, soil, and water analyses. All analyses for lead in dust, soil, and water shall be conducted in accordance with EPA-approved methods. The Department may also approve other sampling and analytical methods if the laboratory and the analytical method used by that laboratory to analyze the sample is NLLAP accredited and the laboratory has Maine certification for the analytical method.

E. Lead-safe evaluations

(1) A residential dwelling unit or child-occupied facility may be certified as lead-safe provided that a lead inspector or risk assessor has determined that no lead-based paint hazard or lead hazards exist. In order to determine that a residential dwelling unit or child-occupied facility is lead-safe, the lead inspection or risk assessment must include sampling and analysis of paint in accordance with the requirements of Section 7(A)(1), dust sampling in accordance with the requirements of Section 7(C)(1), soil sampling in accordance with the requirements of Section 7(C)(2) and water sampling in accordance with Section 7(C)(3). The lead inspector or risk assessor shall provide the owner a lead-safe certificate for each applicable residential dwelling unit or child-occupied facility. The lead-safe certificate shall at a minimum include the information contained in the body of the sample lead-safe certificate, included as Appendix B of this Chapter.

Note: A lead inspector or risk assessor may issue a lead-safe certificate stating that soil sampling was not conducted due to an inability to identify whether bare soil is present because of snow cover or because the ground was frozen at the time of the inspection or risk assessment. Soil sampling shall be performed at the first six-month reevaluation if bare soil is present.

(3) Limited lead-safe certificate. A limited lead-safe paint and dust certificate may be issued when a lead inspector or risk assessor has determined that no lead-based paint, lead hazard or lead dust hazards exists within the residential or child-occupied facility. The limited certificate must state that soil and/or water sampling was not conducted during the inspection or risk assessment, and that the owner and residents should presume that any bare soil near the building perimeter of a pre-1978 structure is a potential lead hazard. The limited lead-safe certificate shall at a minimum include the information contained in the body of the sample lead-safe certificate, included as Appendix B of this Chapter.

(4) In order to maintain a lead-safe status the owner must pay for reevaluation of residential dwelling unit or child-occupied facility and must comply with the following requirements:

(a) For units that have been identified as having no lead-based paint hazards and not lead hazards which contain no lead-based paint, no reevaluation is necessary.

(b) For all other units, a lead inspector or risk assessor shall perform a reevaluation six months after the initial inspection or risk assessment date and annually thereafter, whenever occupancy changes if an essential maintenance practices plan is not implemented, and immediately after unexpected events which could cause deterioration of a lead-painted surface. Based on the results of three consecutive reevaluations evidencing that the owner is maintaining the residential unit and common areas as lead-safe, the lead inspector or risk assessor may decrease the frequency of reevaluations to once every two years.

(c) A reevaluation to determine lead-safe status paid for by the building owner, is a modified lead inspection or risk assessment consisting of a visual assessment of painted surfaces, limited dust, and if applicable soil and water sampling. It also includes the review of any renovation and remodeling, maintenance or abatement activities conducted since the issuance of the certificate and a review of an implemented Essential Maintenance Program set forth in Section 7(E)(7) below if applicable. To establish the lead-safe status of multi-family residential dwelling unit or child-occupied facilities containing greater than 5 units, the inspector or risk assessor shall use Appendix D of this Chapter for determining the required number of units to be assessed and the required number of dust and soil samples to be collected.

(d) Reevaluations shall identify:

(i) Changes in documented paint condition;

(ii) Evidence of renovation, remodeling and maintenance activities;

(iii) Evidence of failed lead abatement methods; and

(iv) Lead-contaminated dust, soil or drinking water.

(5) Reevaluations shall be performed in accordance with the following requirements:

(a) A lead inspector or risk assessor shall perform a visual assessment to identify any deteriorated lead-based paint:

(i) The lead inspector or risk assessor shall review any past lead inspection report, risk assessment report, lead abatement reports, reevaluation reports and documentation related to renovation and maintenance activities and the essential maintenance program, as applicable.

(ii) A visual assessment of all renovation and remodeling, maintenance, and abatement activities to determine whether the paint affected by these activities is still intact and a visual assessment of the unit to identify potential lead dust.

(iii) A visual assessment of the exterior to identify any new lead-based paint hazards, areas of bare soil, and whether prior interim soil control or abatement measures are still effective.

(iv) For paint surfaces in poor condition identified during the visual assessment for which reliable information about lead content is unavailable, the lead inspector or risk assessor shall measure the lead content by XRF or paint chip laboratory analysis performed in accordance with the requirements of Sections 7(A) and 7(D). If the owner, lead inspector or risk assessor assumes that inaccessible surfaces with paint in poor condition contain lead-based paint, analysis of the paint's lead content is not required.

(b) Upon completion of the visual assessment documenting that there is no lead-based paint in poor condition, the lead inspector or risk assessor shall begin dust sampling.

(i) If the residential dwelling unit or child-occupied facility contains both carpeted and uncarpeted living areas, separate floor samples are required from the carpeted and uncarpeted areas.

(ii) Dust samples shall be collected from locations selected in accordance with Section7(C)(1)(b) and (c).

(iii) If a residential dwelling unit or child-occupied facility is found to contain lead levels that exceed the standards in Section 6(L)(1), that residential dwelling unit or child-occupied facility shall be cleaned by a sequence of HEPA vacuuming, wet cleaning, and HEPA vacuuming. The unit shall then be resampled to determine lead dust levels.

(d) Soil testing if applicable shall be performed as part of a reevaluation if new areas of bare soil are identified during the visual assessment. Soil samples shall be collected from locations selected in accordance with Section 7(C)(2).

(e) A lead-safe certificate under Section 7(E)(1) shall not be issued until a lead inspector or risk assessor documents that all paint surfaces are intact, dust samples meet the standards in Section 6(L)(1) and any new areas of bare soil do not contain lead above applicable thresholds and prior soil interim control or abatement measures are still effective.

(6) Reporting. Following reevaluation, the lead inspector or risk assessor shall prepare and provide to the client a written report documenting the presence or absence of lead-based paint hazards or lead hazards. The report shall:

(a) Describe any new lead-based paint hazards or lead hazards identified and summarize how they were mitigated either through minor maintenance, certified renovator, or lead abatement methods;

(b) Identify the date by which the next reevaluation must occur in order to maintain a lead-safe certificate, if applicable. If ownership of the property is transferred, a new reevaluation schedule must be initiated; and

(7) Lead-safe certificate report. When all required reevaluations are completed and any new identified lead-based paint hazards or lead hazards successfully controlled or abated, the residential dwelling unit or child-occupied facility may be certified as lead-safe. The report may use information that remains valid from any previous lead inspections, risk assessments, or lead-safe evaluation on the residential dwelling unit or child-occupied facility. The lead inspector or risk assessor shall prepare and submit to the client a report with the following information whenever a residential dwelling unit or child-occupied facility is certified as lead-safe:

(a) Date of the lead-safe evaluation;

(b) Address of each building;

(d) Apartment number (if applicable);

(e) Name, address, and telephone number of each owner of each building;

(f) Name, signature, and Maine certification number of the lead inspector(s) or risk assessor(s) conducting the lead inspection or risk assessment;

(g) Testing method and sampling procedure for paint analysis that was employed;

(h) Specific locations of each painted testing combination tested for the presence of lead if tested;

(i) All data collected from on-site testing, including quality control data and the serial number of any XRF device(s) used to perform analyses;

(j) Name, address, and telephone number of each laboratory conducting analysis of collected samples. Laboratories performing analyses must be accredited in accordance with the requirements of Section 7(D);

(k) Any other sampling results;

(l) The identification of any components on which lead-based paint was previously detected that no longer have lead-based paint due to abatement activities, renovation and remodeling activities, or the implementation of essential maintenance practices; and

(m) A lead-safe certificate.

(8) Essential maintenance program. The essential maintenance program, if developed, shall be reviewed by the lead inspector or risk assessor as part of each reevaluation in order to certify that a residential dwelling unit or child-occupied facility is lead-safe. For all units with identified lead-based paint the following essential maintenance program components, as applicable, may be developed by a lead inspector or risk assessor.

(a) Develop and maintain a list of all suspected and known lead-based painted surfaces.

(b) Designate and provide lead awareness and work practice training to individuals who will be responsible for performing minor maintenance activities not subject to the EPA Lead-Based Paint, Renovation, Repair and Painting Rule, 40 C.F.R. Part 745, subpart E, as amended up to July 1, 2020.

(c) Classify the lead-based paint minor maintenance activities that may be performed as part of the essential maintenance program.

(d) Develop and implement an in-house review system to determine whether the maintenance activity is a minor maintenance activity or an activity that must be conducted by a certified renovator.

(e) Document each minor maintenance activity, including the location and action(s) performed.

(f) Document that all maintenance activities subject to the requirements of the RRP rule were performed by a certified renovator.

(g) Educate the resident(s) concerning the location of the lead-based paint in their dwelling unit and how to report deteriorating paint to the owner.

Note: Property owners may review with the tenants the types of activities that can disturb lead-based paint and create lead-based paint hazards. These activities include such things as: open-flame burning, renovation and remodeling activities, and dry scraping or sanding of lead-based paint.

Notes

06-096 C.M.R. ch. 424, § 7

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