216 R.I. Code R. 216-RICR-50-15-5.6

Current through December 3, 2024

Section 216-RICR-50-15-5.6 - Clearance Inspections

5.6.1General Requirements

A. The purpose of a clearance inspection is to ensure that lead hazard reduction (LHR), lead hazard control (LHC), or renovation, repair, and painting (RRP) activities:

1. Were performed using lead-safe work practices;

2. Appropriate cleanup was completed;

3. Paint, dust, soil, and/or water testing, as applicable, are performed pursuant to § 5.7 of this Part;

a. The Lead Inspector or Lead Assessor, as applicable, shall wait at least one (1) hour after final cleanup is completed before collecting any dust samples.

4. Paint, dust, soil, and/or water test results, as applicable, meet the lead- safe standards in § 5.8 of this Part; and

5. The child care center, single-family house, dwelling unit and common areas, or work area(s), as applicable, are safe for re-occupancy.

B. A lead Inspector, who performed a clearance inspection where the visual assessment or environmental lead sample results failed to meet the requirements of §§ 5.6 and 5.8 of this Part, shall inform the owner and Lead Supervisor or Lead Renovator, as applicable, of the failure(s) and additional work required prior to repeating the clearance inspection.

5.6.2Lead Hazard Reduction (LHR) Projects

A. General Requirements

1. A Lead Inspector shall conduct an LHR Clearance Inspection pursuant to § 5. 6(B) of this Part and § 12.4 of this Subchapter.

2. Surfaces containing lead-based paint which were made intact, covered, removed or replaced as well as lead in dust, soil, or water treatments must all be documented in a lead inspection report.

B. The Lead Hazard Reduction Clearance Inspection must include:

1. A visual assessment to verify that all lead-based paint is intact with no friction or impact surfaces and no visible dust or paint chips remain in the clearance area;

2. Interior dust wipe samples, collected pursuant to §§ 5.5(C) and 5.7.3 of this Part;

3. Soil samples, collected, pursuant to §§ 5.5(D) and 5.7.4 of this Part, in any areas of bare soil not previously determined to meet the lead-safe standards in § 5.8.5 of this Part; and

4. Water sample(s), collected, pursuant to §§ 5.4(E) and 5.7.5 of this Part, in all instances in which lead hazard reduction included repairs or modifications to the plumbing system.

C. If the LHR project is done in phases, a temporary Partial Lead-Safe Certificate (Form PBLC-27) may be issued at the conclusion of each phase of the project to certify that the work area(s) specified on Form PBLC-27 are safe for reoccupancy.

D. For an LHR project done in phases where temporary Partial Lead-Safe Certificates (Form PBLC-27) were issued at the conclusion of each phase of the project, a Conditional Lead-Safe Certificate (Form PBLC-15) or Full Lead-Safe Certificate (Form PBLC-21), as applicable, must be issued by the Lead Inspector who conducts the final LHR clearance inspection.

1. The expiration date of the Conditional Lead-Safe Certificate (Form PBLC- 15) is two (2) years from the date the dust wipes passed in the dwelling unit. A Renewal Inspection is required every two (2) years.

E. For a Conditional Lead-Safe Certificate (PBLC-15) or Full Lead-Safe Certificate (Form PBLC-21), the LHR clearance area must include the entire single-family house, or dwelling unit and common areas, as applicable.

F. If an initial CELI was not performed prior to the LHR project, a CELI must be performed at the conclusion of the project, in lieu of an LHR Clearance Inspection, to obtain a Conditional Lead-Safe Certificate (Form PBLC-15) or Full Lead-Safe Certificate (Form PBLC-21), as applicable.

G. A Lead Inspector who performed an LHR Clearance Inspection must also provide a signed copy of any related lead certificates to the Lead Contractor who performed the work.

5.6.3Lead Hazard Control (LHC) Projects

A. General Requirements

1. A Lead Inspector shall conduct an LHC Clearance Inspection pursuant to and § 5.6 of this Part.

2. Surfaces containing lead-based paint which were made intact, covered, removed or replaced as well as lead in dust, soil, or water treatments must all be documented in a lead inspection report.

B. An LHC Clearance Inspection must include:

1. A visual assessment to verify that all lead-based paint is intact with no friction or impact surfaces and no visible dust or paint chips remain in the clearance area;

2. Interior dust wipe samples, collected pursuant to §§ 5.5(C) and 5.7.3 of this Part;

3. Soil samples, collected pursuant to §§ 5.5(D) and 5.7.4 of this Part, in any areas of bare soil not previously determined to meet the lead-safe standards in § 5.8 of this Part; and

4. Water sample(s) collected pursuant to §§ 5.5(E) and 5.7.5 of this Part, in all instances in which lead hazard control included repairs or modifications to the plumbing system.

C. If the LHC scope of work is limited to certain rooms/areas, components, or media, a temporary Partial Lead-Safe Certificate (Form PBLC-27) may be issued at the conclusion of the work to certify that the work area(s) specified on Form PBLC-27 are safe for re-occupancy.

D. If the LHC project is done in phases, a temporary Partial Lead-Safe Certificate (Form PBLC-27) may be issued at the conclusion of each phase of the project to certify that the work area(s) specified on Form PBLC-27 are safe for reoccupancy.

E. For an LHC project done in phases where temporary Partial Lead-Safe Certificates (Form PBLC-27) were issued at the conclusion of each phase of the project, a Conditional Lead-Safe Certificate (Form PBLC-15) or Full Lead-Safe Certificate (Form PBLC-21), as applicable, must be issued by the Lead Inspector who conducts the final LHC clearance inspection.

F. For a Conditional Lead-Safe Certificate (Form PBLC-15) or Full Lead-Safe Certificate (Form PBLC-21):

1. The LHC clearance area must include the entire child care center, single family house, or dwelling unit and common areas, as applicable.

2. If an initial Comprehensive Environmental Lead Inspection was not performed prior to the LHC project, a CELI must be performed at the conclusion of the LHC project, in lieu of an LHC Clearance Inspection, to obtain a Conditional Lead-Safe Certificate (Form PBLC-15) or Full Lead-Safe Certificate (Form PBLC-21), as applicable.

G. Alternatively, an LHM Inspection may be performed by a Lead Inspector or Lead Assessor, in lieu of an LHC Clearance Inspection, to obtain a Certificate of Lead Conformance (LHM- 2-1).

5.6.4Renovation, Repair, and Painting (RRP) Projects

A. A Lead Inspector or Lead Assessor shall conduct an optional RRP Clearance Inspection pursuant to § 5.6 of this Part. Additional information on RRP clearance inspections can be found in the Department guidance document Lead-Safe Work Practices.

B. For a Partial Lead-Safe Certificate (Form PBLC-27), the RRP clearance area(s) must include the contained work area(s), which should be at least six feet (6') beyond where any lead-based paint was disturbed, plus two feet (2') beyond the containment area(s), as well as pathways used to access the work area(s), and pathways used to remove waste.

C. The RRP Clearance Inspection must include a visual assessment and enough dust wipe sampling to verify that the work area(s) were adequately cleaned. As a minimum, three (3) dust wipes and one (1) field blank must be collected, pursuant to § 5.7.3 of this Part. Additional information on dust wipes can be found in the Department Guidance document, Lead-Safe Work Practices.

D. The clearance area(s) and scope of work must be clearly specified on the Partial Lead-Safe Certificate (Form PBLC-27).

E. Spot Removal

1. A clearance inspection is not required for spot removal or minor repairs and maintenance activities provided that the work did not include any:

a. Prohibited work practices;

b. Window removal or replacement;

c. Interior mechanical paint removal; or

d. Demolition activities.

5.6.5Renewal Inspections

A. General Requirements

1. A Lead Inspector shall perform a Renewal Inspection pursuant to § 5.6.5 of this Part.

2. The purpose of a Renewal Inspection is to determine that a child care center, single-family house, or dwelling unit and common areas, as applicable, are maintained in a lead-safe condition, free of lead hazards, in order to renew a Conditional Lead-Safe Certificate (Form PBLC-15).

a. A Conditional Lead-Safe Certificate (Form PBLC-15) expires two (2) years from the date of achieving interior dust wipe clearance, as specified on Form PBLC-15.

b. Renewal Inspections are required at regulated facilities every two (2) years, regardless of occupancy.

B. The Renewal Inspection must include:

1. A visual assessment to verify that all lead-based paint is intact with no friction or impact surfaces;

2. Interior dust wipe sampling, collected pursuant to §§ 5.5(C) and 5.7.3 of this Part;

3. Soil sampling, pursuant to §§ 5.5(D) and 5.7.4 of this Part, in any areas of bare soil not previously determined to meet the lead-safe standards in § 5.8 of this Part; and

4. Additional water sampling, pursuant to §§ 5.5(E) and 5.7.5 of this Part, in all instances in where repairs or modifications to the plumbing system were made since the previous lead inspection.

5.6.6Partial Lead Inspections

A. General Requirements

1. A Partial Lead Inspection does not provide the complete evaluations of a Comprehensive Environmental Lead Inspection and cannot serve to determine lead-safe compliance with this Part for a child care center, single-family house, or dwelling unit and common areas.

a. Only a Lead Inspector or Lead Assessor shall conduct a Partial Lead Inspection to identify lead hazards or determine compliance with one (1) or more lead standards in § 5.8 of this Part.

b. A Partial Lead Inspection may be an initial or follow-up inspection.

c. A Partial Lead Inspection may be limited to certain rooms/areas or media.

B. Testing Methods A Lead Inspector or Lead Assessor shall use the approved testing methods for paint, dust, soil, and/or water in § 5.7 of this Part.

C. Lead Certificate A Lead Inspector or Lead Assessor may issue a temporary Partial Lead-Safe Certificate (Form PBLC-27) for any rooms/areas or media that meet the lead-safe standards in § 5.8 of this Part but is not required to do so.

5.6.7Special Requirements for Renovation Repair and Painting (RRP) Testing

A. General Requirements

1. Only a Lead Inspector or Lead Assessor may perform representative testing of painted surfaces to determine the applicability of the RRP Rule.

a. A Lead Inspector or Lead Assessor who performs a Partial Lead Inspection for the purpose of determining the applicability of the RRP Rule, shall complete and sign a Partial Lead Inspection Report, pursuant to all applicable requirements of § 5.6.6 of this Part.

2. A Lead Renovator, who uses EPA-recognized lead test kits or collects paint chip samples to determine the applicability of the RRP Rule, shall test or paint chip sample every affected component.

a. For the purposes of this Part, paint testing by a Lead Renovator to determine the applicability of the RRP Rule is not considered a Partial Lead Inspection.

B. Reporting Requirement

1. The Lead Renovator shall document all information required on an EPA Test Kit Documentation Form or Paint Chip Sample Collection Form, as applicable.

2. The Lead Renovator shall provide a copy of the EPA Test Kit Documentation Form and/or Paint Chip Sample Collection Form to the owner within seven (7) days of the test date or seven (7) days of receipt of the paint chip sample results provided that the samples were received for laboratory analysis within seven (7) days of being collected.

3. If requested, the Lead Renovator shall provide a copy of the EPA Test Kit Documentation Form and/or Paint Chip Sample Collection Form to the Department within seven (7) days of the request.

216 R.I. Code R. 216-RICR-50-15-5.6

Adopted effective 1/3/2022