216 R.I. Code R. 216-RICR-50-15-5.8

Current through December 3, 2024

Section 216-RICR-50-15-5.8 - Environmental Lead Standards

5.8.1Lead Mitigation Standards

A. All lead-based paint, including pre-1978 painted surfaces required to be assumed positive, must be intact with no paint or coating on a damaged or deteriorated component; no surface which has loose, delaminating, flaking, peeling, chipping, chalking, or blistering paint; no paint that is otherwise becoming separated from the substrate; no paint which is abraded by friction or impact, shows evidence of teeth marks, or is damaged by water;

B. All surfaces must be clean and free of lead dust, paint chips or debris; and

C. All horizontal surfaces except ceilings (e.g. floors, stairs, window sills, window wells) must be covered with a smooth, cleanable covering or coating.

5.8.2Lead-Safe Standards

A. All painted surfaces constructed after January 1, 1978 (post-1978) are assumed to be below the lead-safe threshold shown in § 5.8.5 of this Part, unless proven otherwise; paint testing is not required.

B. For post-1978 construction, dust, soil, and water testing are required to determine if these media are below the lead-safe thresholds shown in § 5.8.5 of this Part.

C. All painted surfaces constructed before January 1, 1978 (pre-1978), must be assumed to exceed the lead-safe threshold shown in § 5.8.5 of this Part, unless proven otherwise.

F. For pre-1978 construction, paint, dust, soil, and water must be tested to determine if these media are below the lead-safe thresholds shown in § 5.8.5 of this Part.

G. A Full Lead-Safe Certificate (Form PBLC-21) documents that the lead concentrations in all media (paint, dust, soil, and water) at a child care center, dwelling, or dwelling unit and common areas are below the lead-safe thresholds shown in § 5.8.5 of this Part and no action is required.

5.8.3Conditional Lead-Safe Standards

A. Intact paint, above the lead-safe thresholds shown in § 5.8.5 of this Part, is conditionally lead safe and constitutes a potential lead exposure hazard if the paint is disturbed, vulnerable to friction or impact, or the intact paint condition is not maintained.

B. Covered soil, above the lead-safe threshold shown in § 5.8.5 of this Part, is conditionally lead safe and constitutes a potential lead exposure hazard if the soil is disturbed, the ground covering is not maintained or is vulnerable to erosion.

C. Ongoing monitoring, routine repair and maintenance, and renewal inspections are required to maintain a Conditional Lead-Safe Certificate (Form PBLC-15) when the lead concentrations in paint and/or soil exceed the lead-safe thresholds shown in § 5.8.5 of this Part.

D. Intact paint and/or covered soil that were not tested may be considered conditionally lead safe for as long as the intact paint condition and/or soil coverings are maintained.

5.8.4Lead Hazard Standards

A. Lead hazard means that the lead concentrations in paint, dust, soil, and/or water are above the lead-safe thresholds shown in § 5.8.5 of this Part.

1. Damaged paint, interior dust, bare soil, and/or drinking water above the lead-safe thresholds shown in § 5.8.4 of this Part constitute immediate lead exposure hazards which require corrective action to a lead-safe concentration or condition at a regulated facility, pursuant Part 12 of this Subchapter.

B. Damaged paint and/or bare soil that were not tested must be assumed to constitute a lead hazard requiring corrective action to at least a lead-safe condition.

5.8.5Environmental Lead Standards

Media		Lead Safe	Conditionally Lead Safe	Lead Hazard
Paint		All Paint	Intact Paint	Damaged Paint
Paint		< 5,000 ppm < 1.0 mg/cm²	[GREATER THEN EQUALES TOO] 5,000 ppm [GREATER THEN EQUALES TOO] 1.0 mg/cm²	[GREATER THEN EQUALES TOO] 5,000 ppm [GREATER THEN EQUALES TOO] 1.0 mg/cm²
Dust	Floors	< 10 µg/ft²	N/A	[GREATER THEN EQUALES TOO] 10 µg/ft²
	Sills	< 100 µg/ft²	N/A	[GREATER THEN EQUALES TOO] 100 µg/ft²
	Wells	< 100 µg/ft²	N/A	[GREATER THEN EQUALES TOO] 100 µg/ft²
	Any Other Surface	< 10 µg/ft²	N/A	[GREATER THEN EQUALES TOO] 10 µg/ft²
Soil		All Soil	Covered Soil	Bare Soil
Soil		< 400 ppm	[GREATER THEN EQUALES TOO] 400 ppm	[GREATER THEN EQUALES TOO] 400 ppm
Water		< 15 ppb	N/A	[GREATER THEN EQUALES TOO] 15 ppb

Lead clearance standards are lead concentrations or conditions that meet the full lead-safe or conditional lead-safe standards and are less than the lead hazard concentrations and conditions shown in § 5.8.5 of this Part.

216 R.I. Code R. 216-RICR-50-15-5.8

Adopted effective 1/3/2022