410 Ind. Admin. Code 32-4-4

Current through November 6, 2024
Section 410 IAC 32-4-4 - Risk assessment

Authority: IC 16-41-39.8-6

Affected: IC 16-41-39.8

Sec. 4.

A risk assessment shall be conducted only by a person licensed by the department as a risk assessor. A risk assessment shall be conducted as follows:

(1) 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 (1) or more children, six (6) years of age or younger, shall be collected.
(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 lead-based paint hazards.
(3) Each of the following surfaces determined using documented methodologies to have a distinct painting history shall be tested for the presence of lead:
(A) Deteriorated paint in poor condition.
(B) Paint with a potential health hazard.
(4) In residential dwellings, dust samples (either composite or single-surface samples) from a window and floor shall be collected in all living areas where one (1) or more children, six (6) years of age or younger, are likely to come into contact with dust.
(5) For multifamily dwellings and child-occupied facilities, additional window and floor dust samples (either composite or single-surface samples) shall be collected in the following locations:
(A) Common area groups adjacent to the sampled residential dwelling or child-occupied facility.
(B) Other common area groups in the building where the risk assessor determines that one (1) or more children, six (6) years of age or younger, are likely to come into contact with dust.
(6) 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:
(A) each room, hallway, or stairwell used by one (1) or more children, six (6) years of age or younger; and
(B) in other common area groups in the child-occupied facility where the risk assessor determines one (1) or more children, six (6) years of age and younger, are likely to come into contact with dust.
(7) Soil samples shall be collected and analyzed for lead concentrations in the following locations:
(A) Exterior play areas where bare soil is present.
(B) Dripline or foundation areas where bare soil is present.
(C) Any yard area where bare soil is present, including the nonplay areas.
(8) Any paint, dust, or soil sampling or testing shall be conducted using documented methodologies that incorporate adequate quality control procedures.
(9) Any collected paint chip, dust, or soil samples shall be analyzed to determine if they contain detectable levels of lead that can be quantified numerically.
(10) The licensed risk assessor shall prepare a risk assessment report that shall include the following information:
(A) The date of the assessment including visual inspections.
(B) The address of each building.
(C) The date of construction.
(D) The apartment number, if applicable.
(E) The name, address, and telephone number of each owner or owners of each residential dwelling or child-occupied facility.
(F) The name, signature, and license number of the licensed risk assessor conducting the assessment.
(G) The name, address, and telephone number of the firm employing each licensed risk assessor.
(H) The name, address, and telephone number of each recognized laboratory conducting analysis of the collected samples.
(I) Each testing method, device, or sampling procedure employed for paint analysis, including quality control data and, if used, the serial number of any x-ray fluorescence device.
(J) Specific locations of each painted component tested for the presence of lead-based paint.
(K) All results of laboratory analysis on collected paint, soil, and dust samples.
(L) Any background information collected.
(M) 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.
(N) A description of the location, type, and severity of lead-based paint hazards and other potential lead hazards.
(O) 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.
(P) Results of visual inspections.
(11) The licensed risk assessor shall submit documentation of the inspection in the format prescribed by the department within five (5) business days after completing the risk assessment report.
(12) The licensed inspector or risk assessor shall submit to the department, on a quarterly basis, the number of inspection reports prepared during that quarter by the fifteenth day of the following month.

410 IAC 32-4-4

Indiana State Department of Health; 410 IAC 32-4-4; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1456; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed Sep 10, 2003, 4:24 p.m.: 27 IR 483; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; filed Dec 20, 2011, 1:51 p.m.: 20120118-IR-410100734FRA
Readopted filed 9/13/2017, 4:08 p.m.: 20171011-IR-410170339RFA
Readopted filed 11/28/2023, 12:13 p.m.: 20231227-IR-410230638RFA

Transferred from the Air Pollution Control Board (326 IAC 23-4-4) to the Indiana State Department of Health (410 IAC 32-4-4) by P.L. 57-2009, SECTION 17, effective July 1, 2009.