216 R.I. Code R. 216-RICR-50-15-5.5

Current through December 3, 2024

Section 216-RICR-50-15-5.5 - Comprehensive Environmental Lead Inspections

A. General Requirements

1. Only a Lead Inspector shall conduct a Comprehensive Environmental Lead Inspection.

2. A Comprehensive Environmental Lead Inspection is a surface-by-surface investigation which includes a thorough evaluation of all interior and exterior paint, interior dust, drinking water, and soil within the entire lot using the approved lead testing methods in § 5.7 of this Part.

3. For the purposes of this Part, a Comprehensive Environmental Lead Inspection includes an entire single-family house, dwelling unit and common areas, or premises, as applicable.

4. Family child care homes or group family child care homes located in residential buildings encompass the entire single-family house, dwelling unit and common areas, or premises, as applicable.

5. Child care centers, nursery schools, preschools, kindergarten classrooms, or other child care programs located in public or commercial buildings encompass only those common areas that are routinely used by children, such as restrooms and cafeterias. Common areas that children only pass through, such as hallways, staircases, and garages are not included. The child care center also encompasses the exterior sides of the building that are immediately adjacent to the child care center and the exterior common areas or play areas routinely used by children.

B. Paint

1. A Lead Inspector shall evaluate pre-1978 painted surfaces using one (1) or more approved testing methods in § 5.7.2 of this Part, and such evaluation must include evaluation of:

a. All building components with a separate, distinct painting history; and

b. Representative painted surfaces for each room or common area, including the building exterior and the exterior of any accessory structure within the lot.

C. Dust

1. A Lead Inspector shall collect interior single-surface dust wipe samples, pursuant to § 5.7.3 of this Part, which represent a "worst case" situation from areas nearest entries, in high traffic areas, under windows, and in areas frequently used by children.

2. Residential Dwelling Units

a. For each single-family house or dwelling unit, a minimum of five (5) dust wipe samples must be collected, with at least one (1) sample from each of the following surfaces, as available:

(1) Floors;

(2) Window sills;

(3) Window wells;

(4) A sample in a child's bedroom, if present, or the smallest bedroom, if not present; and

(5) A sample in a child's playroom, if present, or the living room, if not present.

3. Residential Common Areas

a. In addition to the dust wipe sampling required in § 5.5(C)(2) of this Part, a minimum of one (1) dust wipe sample must be collected from each of the following surfaces in each common area:

(1) Floors; and

(2) Window sills or window wells, if present.

4. Residential Family Child Care Homes For each residential family child care home or group family child care home, dust wipe samples must be collected pursuant to the requirements in §§ 5.5(C)(2) and (3) of this Part, as applicable.

5. Non-residential Child Care Centers

a. For each child care center, nursery school, preschool, kindergarten classroom, or other non-residential child care program, a minimum of one (1) dust wipe sample must be collected from each of the following surfaces:

(1) Floors, within one foot (1 ') of each exterior door; and

(2) Floors, on each distinctive flooring type; and

(3) Representative window sills and/or window wells.

6. Additional Sampling

a. In addition to the minimum dust wipe sampling requirements in § 5.5(C), additional dust sampling may be collected:

(1) Wherever a Lead Inspector deems necessary to ensure that the premises comply with the lead-safe standards in § 5.8 of this Part; and/or

(2) Pursuant to the current HUD Guidelines for the Evaluation and Control of Lead Based Paint Hazards in Housing.

7. Exemption

a. A Lead Inspector may, in his or her discretion, choose to postpone dust sampling until the clearance inspection if any interior leadbased paint hazards were identified in:

(1) A single-family house or dwelling unit where no child resides or is expected to reside; or

(2) A multi-unit common area where no child resides or is expected to reside in any associated dwelling unit.

D. Soil

1. A Lead Inspector shall collect the following soil samples pursuant to § 5.7.4 of this Part:

2. Primary Structure

a. A minimum of one (1) sample of bare soil must be collected between the foundation and the drip line on each side of the primary structure, or from any other area that contains bare soil on a side of the primary structure where the soil in the drip zone is covered, pursuant to § 12.5.13 of this Subchapter.

(1) A composite soil sample may only include representative subsamples collected on the same side of a primary structure.

3. Accessory Structure(s)

a. A minimum of one (1) sample of bare soil must be collected within the drip zone of each painted accessory structure, including, but not limited to, garages, sheds, play equipment, and fencing known or suspected to have been painted with lead-based paint.

(1) A composite soil sample may only include representative subsamples taken from the same accessory structure.

4. Play Area

a. A minimum of one (1) sample of bare soil must be collected in each play area, or mid-yard if there is no play area. It should be noted in the lead inspection report if there is no area designated or suitable for play.

(1) A composite soil sample may only contain representative subsamples from the same play area.

(2) A separate sample must be collected from each sandbox, if present.

5. Additional Sampling

a. In addition to the minimum soil evaluation requirements of this Section, additional soil sampling may be conducted:

(1) In any areas where paint chips or sanding residue are visible, including areas where the soil is otherwise covered;

(2) Wherever a Lead Inspector deems necessary to ensure that the premises comply with the lead-safe standards in § 5.8 of this Part;

(3) Pursuant to the current HUD Guidelines for the Evaluation and Control of Lead Based Paint Hazards in Housing.

6. Exemption

a. A Lead Inspector may delay soil sampling to a future date when the ground is frozen or covered with ice or snow.

(1) The reason for the delay must be noted in the lead inspection report.

(2) The samples must be collected as soon as weather permits, and no later than the following March 31^st.

E. Water

1. A Lead Inspector shall collect water samples pursuant to § 5.7.5 of this Part.

2. First Draw Sample

a. If feasible, a first draw sample of cold water should be collected from the tap(s) when the water has gone unused for six (6) hours or more.

b. Residential Facility The tap that serves as the main source of drinking water in a residential dwelling unit must be identified as the water sampling location. Secondary drinking water sources (e.g. bathroom sinks) are not required to be sampled.

3. Flushed Sample

a. As a minimum, one (1) flushed sample of cold water must be collected by running the tap(s) for approximately one (1) minute, or until the water turns cold. A period of longer than one (1) minute may be required for the water to turn cold in a dwelling unit above the first (1^st) floor of a multi-unit building or a child-occupied facility located within a large building. The exact flushing time should be recorded in the lead inspection report.

c. Non-Residential Facility All taps that are used for food preparation, cooking, and/or drinking purposes at a non-residential facility must be identified as the sampling location(s). This includes all drinking fountains used by children. A minimum of one (1) tap must be sampled at a child care center even if no tap is reportedly used for food preparation, cooking, or drinking purposes.

F. Lead-Safe Certificate

1. The Lead Inspector who conducted the Comprehensive Environmental Lead Inspection shall issue the following lead certificate, as applicable:

a. A Full Lead-Safe Certificate (Form PBLC-21) when all paint, dust, soil, and water results are below the lead-safe thresholds in § 5.8 of this Part; or

b. A Conditional Lead-Safe Certificate (Form PBLC-15) when all paint, dust, soil, and water results at least meet the conditional lead-safe standards in § 5.8 of this Part (e.g., intact lead-based paint, covered soil); or

c. Between November 1^st and March 31^st, an Interior Conditional Lead-Safe Certificate (Form PBLC-15-I) when at least the interior paint, dust, and water meet the conditional lead-safe standards in § 5.8 of this Part.

(1) The expiration date of the Interior Conditional Lead-Safe Certificate (Form PBLC-15I), will be the following June 30^th; and

(2) The exterior paint hazards must be corrected by the following June 30^th and an exterior re-inspection is required on or before June 30^th to obtain a Conditional Lead-Safe Certificate (Form PBLC-15); and

(3) Before June 30^th, the Lead Inspector who passes the exterior re-inspection shall issue a Conditional Lead-Safe Certificate (Form PBLC-15) and the expiration date of the new Conditional Lead-Safe Certificate (Form PBLC-15), which includes the exterior and soil, will be two (2) years from the date of achieving interior dust wipe clearance.

(4) After June 30^th, an LHR Clearance Inspection, including interior dust wipe sampling, is required to obtain a valid Conditional Lead-Safe Certificate (Form PBLC-15).

216 R.I. Code R. 216-RICR-50-15-5.5

Adopted effective 1/3/2022