Statutes, codes, and regulations
Rhode Island Administrative Code
Title 216 - Department of healthChapter 50 - Environmental healthSubchapter 15 - HEALTHY ENVIRONMENT
Part 5 - Lead Inspections
Section 216-RICR-50-15-5.3 - Inspection Types

216 R.I. Code R. 216-RICR-50-15-5.3

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Current through December 3, 2024
Section 216-RICR-50-15-5.3 - Inspection Types
A. Lead Hazard Mitigation Inspection
1. A Lead Hazard Mitigation (LHM) Inspection by a Lead Inspector or Lead Assessor is required to determine compliance with the lead hazard mitigation standards in §§ 2.4(I) and 2.4.3(E) of 860-RICR- 00-00-2, Rules and Regulations Governing Lead Hazard Mitigation, and obtain a Certificate of Lead Conformance (Form LHM- 2-1), required by § 860- RI CR- 00-00-2.5.6 for all non-exempt residential rental units.
2. For LHM Inspections conducted between November 1stand March 31st, an Interior Certificate of Lead Conformance (Form LHM- 2-3) may be issued for a dwelling unit and interior common areas with a weather variance to complete the exterior work by the following June 30th.
B. Comprehensive Environmental Lead Inspection (CELI)
1. A Comprehensive Environmental Lead Inspection by a Lead Inspector is required to determine compliance with the lead-safe standards in § 3.5.8 of this Subchapter and obtain a Conditional Lead-Safe Certificate (Form PBLC-15) or Full Lead-Safe Certificate (Form PBLC-21).
2. For Comprehensive Environmental Lead Inspections conducted between November 1st and March 31st, an Interior Lead-Safe Certificate (Form PBLC-15I) may be issued for a dwelling unit and interior common areas with a weather variance to complete the exterior work by the following June 30th.
C. Clearance Inspection
1. A Clearance Inspection by a Lead Inspector is required at the conclusion of a lead project to determine that the scope of work including cleanup was completed and the dwelling unit, common areas, child care facility, or work area(s), as applicable, are safe for re-occupancy.
2. A Clearance Inspection may be a "whole unit" or "worksite only" inspection.
D. Renewal Inspection A Renewal Inspection by a Lead Inspector is required every two (2) years to renew a Conditional Lead-Safe Certificate (Form PBLC-15).
E. Partial Lead Inspection
1. A Partial Lead Inspection is any lead inspection other than a Lead Hazard Mitigation Inspection, Comprehensive Environmental Lead Inspection, Clearance Inspection, or Renewal Inspection.
2. A Partial Lead Inspection may be limited to certain rooms/areas or media (paint, dust, soil, or water).
5.3.1General Requirements for Inspections
A. Environmental Lead Samples
1. A Lead Inspector, Lead Assessor, or Lead Renovator shall submit all environmental lead samples to a Department-certified laboratory for analysis within seven (7) days of collecting the samples or completing the inspection, as applicable.
2. The lead inspection report must be completed within seven (7) days of receiving the sample results.
3. The lead inspection report must include copies of all applicable laboratory reports.
B. Reporting Requirements
1. A Lead Inspector or Lead Assessor who performed a lead inspection at a regulated facility or target housing shall complete and sign a lead inspection report and any applicable lead certificates, using the most current inspection report and certificate forms provided or approved by the Department.
2. Lead inspection reports must contain all applicable information required on the forms and be submitted in the Department's electronic reporting system:
a. Within seven (7) days of receiving the environmental lead sample results from the laboratory; or
b. Within seven (7) days of completing the lead inspection if no environmental lead samples were collected.
3. Lead certificates must have a unique certificate number, generated by the Department's electronic reporting system, to be valid.
4. In addition to submission in the Department's electronic reporting system, all lead inspection reports, and related lead certificates must be submitted, with delivery confirmation, within seven (7) days to:
a. The property owner(s);
b. The tenants or occupants, if not the owner; and
c. The party who initiated the inspection, if not the owner or occupants.
5. In addition, a notification must be provided to the owner of the lead disclosure requirements in § 3.5 of this Subchapter.
6. Alternatively, a Lead Assessor may report lead testing results in accordance with the reporting requirements of his or her employer if no lead certificate was issued.
7. All environmental lead test results, inspection reports, laboratory reports, and/or lead certificates must be retained by the Lead Inspector or Lead Assessor's employer for a minimum of three (3) years.
8. If requested, the Lead Inspector or Lead Assessor's employer shall provide copies of any test results, lead inspection reports, laboratory reports, and/or lead certificates to the Department within seven (7) days of the request.
C. Conflict of Interest
1. A conflict of interest includes, but is not limited to the following:
a. Lead Inspectors, Lead Inspectors-in-Training, and their respective employer and/or employees shall not perform lead inspections or issue lead certificates at any property that is or will be owned or managed by the Lead Inspector, Lead Inspector-in-Training, their respective employer, employees, and/or family members.
(1) A Lead Assessor may perform lead inspections and issue lead certificates at properties owned or managed by their employer.
b. Lead Inspectors and Lead Inspectors-in-Training, their respective employer and/or employees shall not perform lead inspections or issue lead certificates at any property where the Lead Inspector, Lead Inspector-in-Training, Lead Assessor, their respective employer, employees, and/or family members performed or will perform any renovation, repair, and painting (RRP), lead hazard control (LHC), or lead hazard reduction (LHR) activities.
(1) A Lead Assessor shall not perform lead inspections or issue lead certificates at any property where the Lead Assessor performed any RRP, LHC, or LHR activities.
c. A clearance inspection must be performed by a Lead Inspector and/or supervised Lead Inspector-in-Training who is independent of the Lead Contractor or Lead Renovation Firm performing the work.
d. A Lead Inspector, Lead Inspector-in-Training, or their respective employer must disclose any current or potential financial interest in the analyzing laboratory to the person initiating the inspection as well as in the Lead Inspection Report.

216 R.I. Code R. 216-RICR-50-15-5.3

Adopted effective 1/3/2022