6 Colo. Code Regs. § 1014-3-1-3.0

Current through Register Vol. 47, No. 11, June 10, 2024

Section 6 CCR 1014-3-1-3.0 - Screening Level Assessment of Properties not known to be methamphetamine-affected properties

This section establishes procedures and standards for testing residential real property pursuant to § 38-35.7-103, C.R.S. Screening level assessments pursuant to this section are for the purpose of determining if the subject property is a methamphetamine-affected property. The procedures in this section are not to be used to make clearance decisions.

3.1 No person other than a Consultant in good standing may conduct screening level assessments. The Consultant shall personally inspect the subject property to gather all of the information necessary to prepare a Screening Level Assessment Report.

3.2 If the Consultant conducts a background check, and this background check indicates that the subject property is a methamphetamine-affected property, then the preliminary assessment requirements of Section 4 and Section 6 of this Part 1 apply in lieu of this section.

3.3 The Consultant shall document any observed signs that the subject property is a methamphetamine-affected property. If any signs of a methamphetamine-affected property are observed, then the preliminary assessment requirements of Section 4 and Section 6 of this Part 1 apply in lieu of this section.

3.4 If the screening level assessment is performed in connection with a proposed transaction for the purchase of a multi-unit building, each accessible unit must be inspected for signs that the unit has been used as an illegal drug laboratory. Any unit exhibiting signs of being a methamphetamine-affected property is subject to the preliminary assessment requirements of Section 4 and Section 6 of this Part 1 in lieu of this section. If the screening level assessment involves a single unit with multiple tenants, each tenant's living space must be inspected unless access is not granted. All access limitations shall be documented in the Screening Level Assessment Report in accordance with Section 3.7 of this Part 1.

3.5 The Consultant shall conduct limited composite wipe sampling of the structure(s) for methamphetamine (including fixtures, as appropriate), in accordance with Section 6 of this Part 1.

3.6 The analytical laboratory's Practical Quantitation Limit (PQL) for methamphetamine may not exceed 0.1ug. If any of the composite sample results are above 0.2 ug/100cm², the property owner must choose between the following two courses of action:

3.6.1 The subject property may be assumed to be a methamphetamine-affected property, with no further sampling, and thus must comply with the preliminary assessment and decontamination requirements of this Part 1; or

3.6.2 A full clearance sampling protocol as specified in Section 6 may be conducted. If the clearance sampling results demonstrate that concentrations of methamphetamine do not exceed the cleanup standards in Section 7 of this Part 1, the subject property is considered compliant with the clearance requirements of these regulations. If the clearance sampling fails to demonstrate that methamphetamine concentrations are below the specified cleanup standards, then the subject property must be decontaminated in accordance with the requirements of this Part 1.

3.7 Information collected during the screening level assessment shall be documented in a Screening Level Assessment Report and shall include, but not be limited to, the following, to the extent available and applicable:

3.7.1 Subject property description including physical address, number and type of structures present.

3.7.2 Description of structural features in all buildings comprising the subject property, such as attics, false ceilings, crawl spaces, and basements including identification of structural features connected to adjacent units or common areas.

3.7.3 Identification and documentation of common ventilation systems connected to other units or common areas.

3.7.4 Summary of observations made during inspections.

3.7.5 Photographic documentation of property conditions.

3.7.6 Documentation of screening level sampling shall include:

3.7.6.1 a description of the sampling procedures used, including sample collection, handling, and quality assurance/quality control (QA/QC);

3.7.6.2 documentation of the analytical methods used and laboratory QA/QC requirements, including the laboratory analytical report and chain-of-custody documentation; and

3.7.6.3 results of sampling, including a description of sample locations and a computer generated figure illustrating the layout of the building(s) and sample locations and identification. Sample results shall be presented as reported by the analytical laboratory, and shall not be adjusted, changed, or manipulated in any way. Spiked samples submitted for analysis shall not be used for purposes of compliance with the regulation.

3.7.7 The Consultant shall provide an electronic copy of the Screening Level Assessment Report to the Department within thirty (30) days of receipt of laboratory results.

6 CCR 1014-3-1-3.0

37 CR 22, November 25, 2014, effective 12/15/2014