Section 0400-13-01-.02 - LEAD-BASED PAINT HAZARDS(1) Scope and Applicability.(a) This rule identifies lead-based paint hazards.(b) The standards for lead-based paint hazards in this rule apply to target housing and child-occupied facilities.(c) Nothing in this rule requires the owner of one or more properties subject to these standards to evaluate the property or properties for the presence of lead-based paint hazards or to take any action to control these conditions if one or more hazards is identified.(d) Identification of the lead hazards as defined on and after the effective date of this rule shall be disclosed to the property owner and occupants of the target housing and child-occupied facility.(2) Definitions. In addition to the definitions in Rule 0400-13-01-.01, the following definitions apply to this rule, unless otherwise specified:
"Wipe sample" means a sample collected by wiping a representative surface of known area, as determined by ASTM E1728, "Standard Practice for Field Collection of Settled Dust Samples Using Wipe Sampling Methods for Lead Determination by Atomic Spectrometry Techniques," or equivalent method, with an acceptable wipe material as defined in ASTM E 1792, "Standard Specification for Wipe Sampling Materials for Lead in Surface Dust," or equivalent method.
(3) Lead-Based Paint Hazards.(a) A paint-lead hazard is any of the following:1. Any lead-based paint on a friction surface that is subject to abrasion and where the lead dust levels on the nearest horizontal surface underneath the friction surface (e.g., the windowsill or floor) are equal to or greater than the dust-lead hazard levels identified in subparagraph (b) of this paragraph.2. Any damaged or otherwise deteriorated lead-based paint on an impact surface that is caused by impact from a related building component, such as a doorknob that knocks into a wall or a door that knocks against its door frame.3. Any chewable lead-based painted surface on which there is evidence of teeth marks.4. Any other deteriorated lead-based paint in any residential building or child-occupied facility or on the exterior of any residential building or child-occupied facility.(b) A dust-lead hazard is surface dust in a residential dwelling or child-occupied facility that contains a mass-per-area concentration of lead equal to or exceeding 10 µg/ft2 on floors or 100 µg/ft2 on interior windowsills based on wipe samples.(c) A soil-lead hazard is bare soil on residential real property or on the property of a child-occupied facility that contains total lead equal to or exceeding 400 parts per million (µg/g) in a play area or average of 1,200 parts per million of bare soil in the rest of the yard based on soil samples.(d) Applicable work practice standards and certification, occupant protection, and clearance requirements are found in Rule 0400-13-01-.01. The work practice standards in that rule do not apply when treating paint-lead hazards of less than:1. Two square feet of deteriorated lead-based paint per room or equivalent,2. Twenty square feet of deteriorated paint on the exterior building, or3. Ten percent of the total surface area of deteriorated paint on an interior or exterior type of component with a small surface area.Tenn. Comp. R. & Regs. 0400-13-01-.02
New rules filed March 7, 2024; effective 6/5/2024. Chapter was transferred from 1200-01-18 which was repealed.Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101; and 68-131-401, et seq.