16 Del. Admin. Code § 4459-5.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 4459-5.0 - Work Practice Standards for Conducting Lead-Based Paint Activities: Target Housing and Child-Occupied Facilities

5.1 Effective date, applicability, and terms.

5.1.1 All lead-based paint activities shall be performed pursuant to the work practice standards contained in this section.

5.1.2 When performing any lead-based paint activity described by a certified firm or a certified individual as an inspection, lead-hazard screen, risk assessment or abatement, a certified individual must perform that activity in compliance with the appropriate requirements below.

5.1.3 Documented methodologies that are appropriate for this section are found in the following: The U. S. Department of Housing and Urban Development (HUD) Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing; the EPA Guidance on Residential Lead-based Paint, Lead Contaminated Dust, and Lead-Contaminated Soil; the EPA Residential Sampling for Lead: Protocols for Dust and Soil Sampling (EPA report number 747-R-95-001); 40 CFR Part 745 subpart D - Lead Based Paint Hazards; and other methods and guidelines deemed equivalent by EPA or HUD.

5.1.4 Determinations.

5.1.4.1 Lead-based paint is present:

5.1.4.1.1 On any surface that is tested and found to contain lead equal to or in excess of 1.0 milligrams per square centimeter or equal to or in excess of 0.5% by weight; and

5.1.4.1.2 On any surface like a surface tested in the same room equivalent that has a similar painting history and that is found to be lead-based paint.

5.1.4.2 A paint-lead hazard is present:

5.1.4.2.1 On any friction surface that is subject to abrasion and where the lead dust levels on the nearest horizontal surface underneath the friction surface (e.g., the windowsill or floor) are equal to or greater than the dust hazard levels identified in subsection 5.6.8.8.

5.1.4.2.2 On any chewable lead-based paint surface on which there is evidence of teeth marks;

5.1.4.2.3 Where there is any damaged or otherwise deteriorated lead-based paint on an impact surface that is caused by impact from a related building component (such as a door knob that knocks into a wall or a door that knocks against its door frame); and

5.1.4.2.4 If there is any other deteriorated lead-based paint in any residential building or child-occupied facility or on the exterior of any residential building or child-occupied facility.

5.1.4.3 A dust-lead hazard is present in a residential dwelling or child occupied facility:

5.1.4.3.1 In a residential dwelling on floors and interior windowsills when the weighted arithmetic mean lead loading for all single surface or composite samples of floors and interior windowsills is equal to or greater than 10 µg/ft2 for floors and 100 µg/ft2 for interior windowsills, respectively;

5.1.4.3.2 On floors or interior windowsills in an unsampled residential dwelling in a multi-family dwelling, if a dust-lead hazard is present on floors or interior windowsills, respectively, in at least one sampled residential unit on the property; and

5.1.4.3.3 On floors or interior windowsills in an unsampled common area in a multi-family dwelling, if a dust-lead hazard is present on floors or interior windowsills, respectively, in at least one sampled common area in the same common area group on the property.

5.1.4.4 A soil-lead hazard is present:

5.1.4.4.1 In a play area when the soil-lead concentration from a composite play area sample of bare soil is equal to or greater than 400 parts per million; or

5.1.4.4.2 In the rest of the yard when the arithmetic mean lead concentration from a composite sample (or arithmetic mean of composite samples) of bare soil from the rest of the yard (i.e., non-play areas) for each residential building on a property is equal to or greater than 1,200 parts per million.

5.1.5 Clearance levels that are appropriate for the purposes of this section may be found listed in subsection 5.6.8.8; in the EPA Guidance on Residential Lead-based Paint, Lead-Contaminated Dust, and Lead Contaminated Soil; or other methods and guidelines deemed equivalent by the EPA or HUD.

5.2 Inspection.

5.2.1 An inspection shall be conducted only by a person certified by the Secretary as an Inspector or Risk Assessor and, if conducted, must be conducted according to the procedures in this section.

5.2.2 When conducting an inspection, the following locations shall be selected according to documented methodologies listed in subsection 5.1 and tested for the presence of lead-based paint:

5.2.2.1 In a residential dwelling and child-occupied facility, each 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 not to contain lead-based paint; and

5.2.2.2 In a multi-family dwelling and in a child-occupied facility, in addition to the requirements of subsection 5.2.1, each component in every common area with a distinct painting history, except those components that the Inspector or Risk Assessor determines to have been replaced after 1978, or to not contain lead-based paint.

5.2.3 Paint shall be sampled in the following manner:

5.2.3.1 The analysis of paint to determine the presence of lead shall be conducted using documented methodologies listed in subsection 5.1, which incorporate adequate quality control procedures; and

5.2.3.2 All collected paint chip samples shall be analyzed according to subsection 5.7 to determine if they contain detectable levels of lead that can be quantified numerically.

5.2.4 The certified Inspector or Risk Assessor shall prepare an inspection report which shall include the following information:

5.2.4.1 Date of each inspection.

5.2.4.2 Address of building.

5.2.4.3 Date of construction.

5.2.4.4 Apartment numbers (if applicable).

5.2.4.5 Name, address, and telephone number of the owner or owners of each residential dwelling or child-occupied facility.

5.2.4.6 Name, signature, and certification number of each certified Inspector or Risk Assessor conducting testing.

5.2.4.7 Name, address and telephone number of the certified firm employing each Inspector or Risk Assessor, if applicable.

5.2.4.8 Each testing method, device, and sampling procedure employed for paint analysis, including quality control data and, if used, the serial number of any x- ray fluorescence (XRF) device.

5.2.4.9 Specific locations of each painted component tested for the presence of lead-based paint.

5.2.4.10 The results of the inspection expressed in terms appropriate to the sampling method used.

5.3 Lead hazard screen.

5.3.1 A lead hazard screen shall be conducted only by a person certified by the Secretary as a Risk Assessor.

5.3.2 If conducted, a lead hazard screen shall be conducted as follows:

5.3.2.1 Background information regarding the physical characteristics of the residential dwelling or a child-occupied facility and occupant use patterns that may cause lead-based paint exposure to one or more children aged six years and under shall be collected.

5.3.2.2 A visual inspection of a residential dwelling or a child-occupied facility shall be conducted to:

5.3.2.2.1 Determine if any deteriorated paint is present, and

5.3.2.2.2 Locate at least two dust sampling locations in areas frequently used by children.

5.3.2.3 If deteriorated paint is present, each surface with deteriorated paint, determined using documented methodologies listed in subsection 5.1, to be in poor condition and to have a distinct painting history, shall be tested for the presence of lead.

5.3.2.4 In residential dwellings, two (either composite or single surface) dust wipe samples shall be collected, one from the floors and the other from the windows, in rooms, hallways, and stairwells where one or more children aged six and under are most likely to come in contact with dust.

5.3.2.5 In multi-family dwellings and in child-occupied facilities, in addition to the floor and window samples required in subsection 5.3.2.4, the Risk Assessor shall collect composite or single surface dust wipe samples from common areas where one or more children aged six and under are most likely to come into contact with dust.

5.3.2.6 If composite dust wipe samples identify lead hazards, additional single surface dust wipe samples will be necessary to determine where the lead hazards are located.

5.3.3 Dust wipe samples shall be collected and analyzed in the following manner:

5.3.3.1 All dust wipe samples shall be taken using documented methodologies listed in subsection 5.1 that incorporate adequate quality control procedures.

5.3.3.2 All collected dust wipe samples shall be analyzed according to subsections 5.6 and 5.7 to determine if they contain detectable levels of lead that can be quantified numerically.

5.3.4 Paint shall be sampled in the following manner:

5.3.4.1 The analysis of paint to determine the presence of lead shall be conducted using documented methodologies listed in subsection 5.1 that incorporate adequate quality control procedures; and

5.3.4.2 All collected paint chip samples shall be analyzed according to subsection 5.7 to determine if they contain detectable levels of lead that can be quantified numerically.

5.3.5 The Risk Assessor shall prepare a lead hazard screen report, which shall include the following information:

5.3.5.1 The information required in a risk assessment report as specified in subsection 5.4, including subsections 5.4.11.1 through 5.4.11.14, and excluding subsections 5.4.11.15 through 5.4.11.18. Additionally, any background information collected pursuant to subsection 5.3.2.1 shall be included in the risk assessment report; and

5.3.5.2 Recommendations, if warranted, for a follow-up risk assessment, and as appropriate, any further actions.

5.4 Risk assessment.

5.4.1 A risk assessment shall be conducted only by a person certified by the Secretary as a Risk Assessor and, if conducted, must be conducted according to the procedures in this paragraph.

5.4.2 A visual inspection for risk assessment of the residential dwelling or a child-occupied facility shall be undertaken to locate the existence of deteriorated paint, assess the extent and causes of the deterioration, and locate other potential lead-based paint hazards.

5.4.3 Background information regarding the physical characteristics of the residential dwelling or the child-occupied facility and occupant use patterns that may cause lead-based paint exposure to one or more children aged six years and under shall be collected.

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

5.4.4.1 Each friction surface or impact surface with visibly deteriorated paint and

5.4.4.2 All other surfaces with visibly deteriorated paint.

5.4.5 In residential dwellings, dust wipe samples (either composite or single surface samples) from the interior windowsills and floor shall be collected and analyzed for lead concentration in all living areas where one or more children aged six and under are most likely to come into contact with dust.

5.4.6 For multi-family dwellings and child-occupied facilities, in addition to the requirements of subsection 5.4.5, interior windowsills and floor dust wipe samples (either composite or single surface samples) shall be collected and analyzed for lead concentration in the following locations:

5.4.6.1 Common areas adjacent to the sampled residential dwelling and child-occupied facility; and

5.4.6.2 Other common areas in the building where the Risk Assessor determines that one or more children aged six and under are likely to come into contact with dust.

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

5.4.8 Soil samples shall be collected and analyzed for lead concentrations in the following locations:

5.4.8.1 Exterior play areas where bare soil is present;

5.4.8.2 Dripline/foundation areas where bare soil is present; and

5.4.8.3 Non-play areas where bare soil is present.

5.4.9 Any paint, dust, or soil sampling or testing shall be conducted using documented methodologies listed in subsections 5.1 and 5.6 that incorporate adequate quality control procedures.

5.4.10 Any collected paint chip, dust or soil samples shall be analyzed according to subsection 5.7 to determine if they contain detectable levels of lead that can be quantified numerically.

5.4.11 The certified Risk Assessor shall prepare a risk assessment report which shall include the following information:

5.4.11.1 Date of assessment.

5.4.11.2 Address of each building.

5.4.11.3 Date of construction of each building.

5.4.11.4 Apartment number (if applicable).

5.4.11.5 Name, address, and telephone number of each owner of each building.

5.4.11.6 Name, signature, and State of Delaware certification number of the certified Risk Assessor conducting the assessment.

5.4.11.7 Name, address, and telephone number of the certified firm employing each certified risk assessor, if applicable.

5.4.11.8 Name, address, and telephone number of each recognized laboratory conducting analysis of collected samples, if applicable.

5.4.11.9 Results of the visual inspection.

5.4.11.10 Testing method and sampling procedure for paint analysis employed.

5.4.11.11 Specific locations of each painted component tested for the presence of lead.

5.4.11.12 All data collected from on-site testing, including quality control data and, if used, the serial number of any XRF device.

5.4.11.13 All results of laboratory analysis on collected paint, soil, and dust wipe samples.

5.4.11.14 Any other sampling results.

5.4.11.15 Any background information collected pursuant to subsection 5.4.3.

5.4.11.16 To the extent that they are used as part of the lead-based paint hazard determination, the results of any previous inspections or analyses for the presence of lead-based paint, or other assessments of lead-based paint related hazards.

5.4.11.17 A description of the location, type, and severity of identified lead-based paint hazards and any other potential lead hazards.

5.4.11.18 A description of interim controls and abatement options for each identified lead-based paint hazard and a suggested prioritization for addressing each hazard. If the use of an encapsulant or enclosure is recommended, the report shall recommend a maintenance and monitoring schedule for the encapsulant or enclosure.

5.5 Interim Controls.

5.5.1 Interim controls of lead-based paint hazards identified in a risk assessment shall be conducted in accordance with the provisions of these regulations. Interim control measures include paint stabilization of deteriorated lead-based paint, treatments for friction and impact surfaces where levels of lead dust are above the levels specified in subsection 5.1.4.3.1, dust control, and lead-contaminated soil control. As provided by Section 2.0, interim controls may be performed in combination with, or be replaced by, abatement methods. If Lead Abatement activity and Interim Controls are to be performed at the same structure, the Abatement firm can perform both activities. In addition, individuals certified as RRP Renovator pursuant to 16 DE Admin. Code 4459B may perform the Interim Controls but may not perform lead abatement activities.

5.5.2 Paint stabilization.

5.5.2.1 Interim control treatments used to stabilize deteriorated lead-based paint shall be performed in accordance with the requirements of this section. Interim control treatments of intact, factory applied prime coatings on metal surfaces are not required. Finish coatings on such surfaces shall be treated by interim controls if those coatings contain lead-based paint.

5.5.2.2 Any physical defect in the substrate of a painted surface or component that is causing deterioration of the surface or component shall be repaired before treating the surface or component.

5.5.2.3 Before applying new paint, all loose paint and other loose material shall be removed from the surface to be treated. Acceptable methods for preparing the surface to be treated include wet scraping, wet sanding, and power sanding performed in conjunction with a HEPA filtered local exhaust attachment operated according to the manufacturer's instructions.

5.5.2.4 Dry sanding or dry scraping is permitted only in accordance with subsection 5.6.6.3 (i.e., for electrical safety reasons or for specified minor amounts of work).

5.5.2.5 Paint stabilization shall include the application of a new protective coating or paint. The surface substrate shall be dry and protected from future moisture damage before applying a new protective coating or paint. All protective coatings and paints shall be applied in accordance with the manufacturer's recommendations.

5.5.2.6 Paint stabilization shall incorporate the use of safe work practices in accordance with subsection 5.6.6.

5.5.3 Friction and impact surfaces.

5.5.3.1 Interim control treatments for friction surfaces shall eliminate friction points or treat the friction surface, so that paint is not subject to abrasion.

5.5.3.2 Interim control treatments for impact surfaces shall protect the paint from impact.

5.5.3.3 Interim control for impact or friction surfaces does not include covering such a surface with a coating or other treatment, such as painting over the surface, that does not protect lead-based paint from impact or abrasion.

5.6 Abatement.

5.6.1 An abatement shall be conducted only by a firm or an individual certified by the Secretary. Abatement shall be conducted according to the procedures in this section.

5.6.2 A certified Supervisor is required for each abatement project and shall be on site during all abatement work.

5.6.3 The certified Supervisor and the certified firm employing that supervisor, shall ensure that all abatement activities are conducted according to the requirements of these regulations and all other Federal, State of Delaware, and local requirements.

5.6.4 Written or electronic notification of the commencement of lead-based paint abatement activities, including but not limited to interim controls in target housing or a child-occupied facilities or as a result of a Federal, State of Delaware, or local order shall be given to the Secretary five (5) business days prior to the commencement of abatement activities.

5.6.4.1 Notification for lead-based paint abatement activities and interim controls required in response to an elevated blood lead level (EBLL) determination, or Federal, State of Delaware, or local emergency abatement order should be received by the Secretary as early as possible before, but must be received no later than the start date of the lead-based paint abatement activities. Should the start date or location provided to the Secretary change, an updated notification must be received by the Secretary on or before the start date provided to the Secretary. Documentation showing evidence of an EBLL determination or a copy of the Federal/State of Delaware/local emergency abatement order must be included in the written or electronic notification to take advantage of this abbreviated notification period.

5.6.4.2 Except as provided in subsection 5.6.4.1, updated notification must be provided the Secretary for lead-based paint abatement activities and interim controls that will begin on a date other than the start date specified in the original notification, as follows:

5.6.4.2.1 For lead-based paint abatement activities and interim controls beginning prior to the start date provided to the Secretary an updated notification must be received by the Secretary at least five business days before the new start date included in the notification.

5.6.4.2.2 For lead-based paint abatement activities and interim controls beginning after the start date provided to the Secretary an updated notification must be received by the Secretary on or before the start date provided to the Secretary.

5.6.4.3 Except as provided in subsection 5.6.4.1, updated notification must be provided to the Secretary for any change in location of lead-based paint abatement activities at least five business days prior to the start date provided to the Secretary.

5.6.4.4 Updated notification must be provided to the Secretary when lead-based paint abatement activities and interim controls are canceled, or when there are other significant changes including, but not limited to, when the square footage or acreage to be abated changes by more than 20%. This updated notification must be received by the Secretary on or before the start date provided to the Secretary, or if work has already begun, within 24 hours of the change.

5.6.4.5 The following must be included in each notification:

5.6.4.5.1 Notification type (original, updated, cancellation).

5.6.4.5.2 Date when lead-based paint abatement activities or interim controls will start.

5.6.4.5.3 Date when lead-based paint abatement activities or interim controls will end (approximation using best professional judgment).

5.6.4.5.4 Firm's name, State of Delaware certification number, address, telephone number.

5.6.4.5.5 Type of building (e.g., single-family dwelling, multi-family dwelling, child-occupied facilities) on or in which abatement work or interim controls will be performed.

5.6.4.5.6 Property name (if applicable).

5.6.4.5.7 Property address including apartment or unit numbers (if applicable) for abatement work or interim controls.

5.6.4.5.8 Documentation showing evidence of an EBL determination or a copy of the Federal/State of Delaware/local emergency abatement order, if using the abbreviated time period as described in subsection 5.6.4.

5.6.4.5.9 Name and Delaware certification number of the project supervisor.

5.6.4.5.10 Approximate square footage/acreage to be abated.

5.6.4.5.11 Brief description of abatement activities to be performed.

5.6.4.5.12 Name, title, and signature of the representative of the certified firm who prepared the notification.

5.6.4.6 Notification must be accomplished using any of the following methods: Written or electronic. Written and electronic notifications of lead-based paint abatement activities and interim controls can be accomplished by using the guidance and sample form provided online at http://dhss.delaware.gov/dhss/dph/hsp/leadregcomm.html or similar form containing the information required in subsection 5.6.4.5. All written notifications must be delivered by U.S. Postal Service, fax, commercial delivery service, or hand delivery (persons submitting notification by U.S. Postal Service are reminded that they should allow three additional business days for delivery in order to ensure that the Secretary receives the notification by the required date).

5.6.4.7 Lead-based paint abatement activities and interim controls shall not begin on a date or at a location other than that specified in either an original or updated notification, in the event of changes to the original notification.

5.6.4.8 No firm or individual shall engage in lead-based paint abatement activities nor interim controls, as defined in Section 2.0, prior to notifying the Secretary of such activities according to the requirements of subsection 5.6.4.

5.6.5 A written occupant protection plan, or electronic equivalent, shall be developed for all abatement and interim control projects and shall be prepared according to the following procedures:

5.6.5.1 The occupant protection plan shall be unique to each residential dwelling or child-occupied facility and be developed prior to the abatement or interim control. The occupant protection plan shall describe the measures and management procedures that will be taken during the abatement or interim control to protect the building occupants from exposure to any lead-based paint hazards.

5.6.5.2 A certified Supervisor or Project Designer shall prepare the occupant protection plan.

5.6.6 The work practices listed below shall be restricted during an abatement or interim control as follows:

5.6.6.1 Open flame burning or torching of lead-based paint is prohibited;

5.6.6.2 Machine sanding or grinding or abrasive blasting or sandblasting of lead-based paint is prohibited unless used with High Efficiency Particulate Air (HEPA) exhaust control that removes particles of 0.3 microns or larger from the air at 99.97% or greater efficiency;

5.6.6.3 Dry scraping of lead-based paint is permitted only in conjunction with heat guns or around electrical outlets or when treating defective paint spots totaling no more than two square feet in any one room, hallway or stairwell, or totaling no more than 20 square feet on exterior surfaces; and

5.5.6.4 Operating a heat gun on lead-based paint is permitted only at temperatures below 1,100 degrees Fahrenheit.

5.6.7 If conducted, soil abatement shall be conducted in one of the following ways:

5.6.7.1 If soil is removed, the lead-contaminated soil shall be replaced with soil with a lead concentration as close to local background as practical, but not greater than 100 milligrams per kilogram.

5.6.7.2 If soil is not removed, the lead-contaminated soil shall be permanently covered, as defined in "Permanently covered soil".

5.6.7.3 Lead contaminated soil that is removed shall not be used as topsoil at other residential property or child-occupied facility and shall be disposed of in accordance with applicable Federal, State, and local requirements.

5.6.8 The following post-abatement or interim control clearance procedures shall be performed only by a certified Inspector or Risk Assessor:

5.6.8.1 Following an abatement or interim control, a visual inspection shall be performed to determine if deteriorated painted surfaces or visible amounts of dust, debris, or residue are present. If deteriorated painted surfaces or visible amounts of dust, debris, or residue are present, these conditions must be eliminated prior to the continuation of the clearance procedures.

5.6.8.2 Following the visual inspection and any post-abatement cleanup required by subsection 5.6.8.1, clearance sampling for lead-contaminated dust shall be conducted. Clearance sampling may be conducted by employing single surface sampling or composite sampling techniques.

5.6.8.3 Dust wipe samples for clearance purposes shall be taken using documented methodologies listed in subsection 5.1 that incorporate adequate quality control procedures.

5.6.8.4 Dust wipe samples for clearance purposes shall be taken a minimum of one hour after completion of final post-abatement or interim control cleanup activities.

5.6.8.5 The following post-abatement or interim control clearance activities shall be conducted as appropriate based upon the extent or manner of abatement or interim control activities conducted in or to a residential dwelling or a child-occupied facility:

5.6.8.5.1 After conducting an abatement or interim control with containment between work areas and nonwork areas:

5.6.8.5.1.1 Dust wipe samples shall be taken from no fewer than four rooms, hallways, and stairwells within the containment area. If there are fewer than four rooms, hallways, and stairwells within the containment area, then all rooms, hallways, and stairwells shall be sampled.

5.6.8.5.1.2 For each room, one dust wipe sample shall be taken from one interior windowsill, one dust wipe sample shall be taken from the floor and one dust wipe sample shall be taken from a window trough (if present). A window trough sample is not required if all windows within the containment area were closed and sealed with plastic during abatement activities.

5.6.8.5.1.3 In addition, one dust wipe sample shall be taken from the floor outside the containment area.

5.6.8.5.2 After conducting an abatement or interim control with no containment:

5.6.8.5.2.1 Dust wipe samples shall be taken from no fewer than four rooms, hallways, and stairwells in the residential dwelling or a child-occupied facility. If there are fewer than four rooms, hallways, or stairwells within the residential dwelling or child-occupied facility then all rooms, hallways, and stairwells shall be sampled.

5.6.8.5.2.2 For each room, one dust wipe sample shall be taken from one interior windowsill, one dust wipe sample shall be taken from the floor, and one dust wipe sample shall be taken from a window trough (if present). A window trough sample is not required if all windows were closed and sealed with plastic during abatement activities.

5.6.8.5.3 Following an exterior paint abatement or interim control a visible inspection shall be conducted. All horizontal surfaces in the outdoor living area closest to the abated surface shall be found to be cleaned of visible dust and debris. In addition, a visual inspection shall be conducted to determine the presence of paint chips on the dripline or next to the foundation below any exterior surface abated. If paint chips are present, they must be removed from the site and properly disposed of, according to all applicable Federal, State of Delaware, and local requirements.

5.6.8.6 The rooms, hallways, and stairwells selected for sampling shall be selected according to documented methodologies listed in subsection 5.1.

5.6.8.7 The certified Inspector or Risk Assessor shall compare the residual lead level (as determined by the laboratory analysis) from each single surface dust wipe sample with clearance levels in subsection 5.6.8.8 for lead in dust on floors, interior windowsills and window troughs or from each composite dust wipe sample with the applicable clearance levels for lead in dust on floors, interior windowsills, and window troughs divided by half the number of subsamples in the composite sample. If the residual lead level in a single surface dust wipe sample equals or exceeds the applicable clearance level or if the residual lead level in a composite dust wipe sample equals or exceeds the applicable clearance level divided by half the number of subsamples in the composite sample, the components represented by the failed sample shall be re-cleaned and retested.

5.6.8.8 The clearance levels for lead in dust are 10 µg/ft2 for floors, 100 µg/ft2 for interior windowsills, and 400 µg/ft2 for window troughs.

5.6.9 In a multi-family dwelling with similarly constructed and maintained residential dwellings, random sampling for the purposes of clearance may be conducted provided:

5.6.9.1 The certified individuals who abate or clean the residential dwellings do not know which residential dwelling will be selected for the random sample.

5.6.9.2 A sufficient number of residential dwellings are selected for dust sampling to provide a 95% level of confidence that no more than 5.0% or 50 of the residential dwellings (whichever is smaller) in the randomly sampled population exceed the appropriate clearance levels.

5.6.9.3 The randomly selected residential dwellings shall be sampled and evaluated for clearance according to the procedures found in subsection 5.6.8.

5.6.10 An abatement report shall be prepared and signed by a certified supervisor or project designer. The abatement report shall include the following information:

5.6.10.1 Start and completion dates of abatement.

5.6.10.2 The names and address of each certified firm conducting the abatement and the name of each Supervisor assigned to the abatement project.

5.6.10.3 The occupant protection plan prepared pursuant to subsection 5.6.5.

5.6.10.4 The name, address, and signature of each certified Risk Assessor or Inspector conducting a clearance sampling and the date of clearance testing.

5.6.10.5 The results of clearance testing and all soil analyses (if applicable) and the name of each recognized laboratory that conducted the analyses.

5.6.10.6 A detailed written report, or electronic equivalent, describing the abatement, including abatement methods used, locations of rooms and components where abatement occurred, reason for selecting particular abatement methods for each component, and any suggested monitoring of encapsulants or enclosures. The report shall also detail any deviations, changes or abnormalities from the original scope of work.

5.7 Collection and laboratory analysis of samples.

5.7.1 Any paint, chip, dust, or soil samples collected pursuant to the work practice standards contained in this section shall be:

5.7.1.1 Collected by persons certified as an Inspector or Risk Assessor by the Secretary; and,

5.7.1.2 Analyzed by a recognized laboratory that is accredited and proficient to perform analyses for lead compounds in paint chip, dust, and soil samples.

5.8 Composite dust wipe sampling.

5.8.1 Composite dust wipe sampling may only be conducted in the situations specified in 5.3 through 5.6. If such sampling is conducted, the following conditions shall apply:

5.8.1.1 Composite dust wipe samples shall consist of at least two sub-samples;

5.8.1.2 Every component that is being tested shall be included in the sampling; and

5.8.1.3 Composite dust wipe samples shall not consist of sub-samples from more than one type of component.

5.9 Record keeping.

5.9.1 All reports or plans required in this section shall be maintained by the certified individual or firm, if any, who prepared the report for no fewer than three years and six months. The certified individual or firm also shall provide a copy of these reports to the building owner who contracted for its services.

5.10 Inspections.

5.10.1 To ensure compliance with regulations, the Secretary has the authority to conduct inspections of and take samples at work sites and business premises of any firm or individual that conducts business in Delaware covered by these regulations.

5.11 Reporting.

5.11.1 All reports or plans required in this section may become subject to quarterly reporting requirements as deemed necessary and appropriate by the Secretary after lawful notification.

16 Del. Admin. Code § 4459-5.0

16 DE Reg. 537 (11/01/12)
26 DE Reg. 697 (2/1/2023)
27 DE Reg. 766 (4/1/2024) (Final)