Md. Code Regs. 26.16.05.06

Current through Register Vol. 51, No. 12, June 14, 2024
Section 26.16.05.06 - Lead-Based Paint Inspections
A. Lead-based paint inspections for single-family housing or multiple-unit housing shall be performed in accordance with COMAR 26.16.02.05 a.
B. XRF Sampling.
(1) XRF calibration checks shall be performed in accordance with the manufacturer's specifications and most recent performance characteristics sheet (PCS).
(2) XRF analyzers shall be checked according to the manufacturer's specifications.
(3) Calibration check readings shall be:
(a) Recorded on the calibration check test results form prescribed by the Department; or
(b) Stored in the instrument's memory and printed out or transferred to a computer.
(4) The MDE 330 Form E shall be used to record a summary of the inspection.
C. Paint Chip Sampling.
(1) Paint chip sampling for the purpose of issuing a lead-free inspection certificate may not be performed in occupied units except when verifying XRF inconclusive samples according to the PCS.
(2) Paint chip samples collected in occupied units to verify XRF inconclusive samples shall be collected from the location the XRF reading was obtained.
(3) Areas where paint chip samples were collected shall be repainted with nonlead-based paint or the equivalent.
(4) The inspection company shall notify the property owner and tenants of units where lead-free paint chip sampling is performed of the results not later than 10 days following the results being received by the inspection company.
(5) Paint chip sampling shall be performed using the following tools:
(a) Sharp stainless steel paint scraper or equivalent;
(b) A wipe which is a disposable towelette moistened with a wetting agent that meets specifications of the American Society for Testing Materials International (ASTM) Specification E 1792, for cleaning paint scraper or equivalent;
(c) Nonsterilized polyethylene centrifuge tube or other sealable rigid container;
(d) Nonsterilized nonpowdered latex or similar gloves; and
(e) Field sampling and laboratory submittal forms.
(6) Paint chip samples shall be collected in accordance with the following requirements:
(a) The paint chip sample area shall be in accordance with the (ASTM) standard E 1792;
(b) Persons collecting paint chip samples shall wear new disposable gloves for each sample;
(c) The surface directly below the area to be sampled shall be covered with 4-millimeter-thick plastic sheeting or equivalent to ensure that any paint dust or debris generated during the sample collection is collected for disposal;
(d) Paint chip sampling shall be performed by moving the paint scraper over a painted surface using enough pressure to remove all paint layers down to the substrate;
(e) The paint chip sample material shall be collected in a screw top centrifuge tube or other sealable rigid container;
(f) The 4-millimeter-thick plastic sheeting shall be removed from below the sample area;
(g) Following the collection of the sample, the sample location and surface directly below the sample location shall be cleaned using wet wipes, or equivalent;
(h) The sample location and number shall be recorded on the sample collection container and field sampling paperwork;
(i) Chain of custody form shall be completed and provided to the courier;
(j) All paint chip samples shall be analyzed by a laboratory approved by the National Lead Laboratory Accreditation Program (NLLAP); and
(k) Lead-based paint inspection results shall be reported on forms prescribed by the Department.
D. Lead-free paint inspection for multi-unit buildings may be certified lead-free by XRF or paint chip sampling performed in accordance with COMAR 26.16.02.05 a D.

Md. Code Regs. 26.16.05.06