Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 70 - Lead-based Paint Activities › Rule 641-70.6 - Work Practice Standards for Lead Professionals Conducting Lead-based Paint Activities in Target Housing and Child-occupied Facilities

Current through Register Vol. 47, No. 3, July 24, 2024
All lead-based paint activities shall be performed according to
				the work practice standards in 641-70.6 (135), and a certified individual must
				perform that activity in compliance with the appropriate requirements
				below.
(1) A certified lead
			 inspector/risk assessor or a certified elevated blood lead (EBL) inspector/risk
			 assessor must conduct a lead-free inspection according to the following
			 standards. A lead-free inspection shall be conducted only by a certified lead
			 inspector/risk assessor or a certified elevated blood lead (EBL) inspector/risk
			 assessor.
a. When conducting a lead-free
			 inspection in a residential dwelling, the certified lead inspector/risk
			 assessor or elevated blood lead (EBL) inspector/risk assessor shall use the
			 following procedures:
(1) The certified lead
			 inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor
			 shall test paint in each room, including each exterior side.
(2) Except for components known to have been
			 replaced after December 31, 1977, the certified lead inspector/risk assessor or
			 elevated blood lead (EBL) inspector/risk assessor shall test each testing
			 combination in each room. On windows, the window frame, interior windowsill,
			 window sash, and window trough shall each be considered a separate testing
			 combination. Except for walls, one sample shall be taken for each testing
			 combination in a room. Each wall in a room shall be tested. The certified lead
			 inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor
			 shall require one of the following two types of evidence to determine that
			 components were replaced after 1977:
1.
			 Detailed specifications showing which components were to be replaced, restored,
			 enclosed, or encapsulated and evidence that the work was actually completed
			 such as receipts for building materials, city building records showing a date
			 of remodeling, or a final inspection by the city or another inspector showing
			 that the work was actually completed.
2. A certification under penalty of perjury
			 per Iowa Code section
			 622.1
			 from the contractor who did the work or from the person(s) who owned the
			 property at the time outlining all of the components that were removed and
			 replaced.
If one of these two types of evidence is not available, the
				certified lead inspector/risk assessor or elevated blood lead (EBL)
				inspector/risk assessor shall test the component.
(3) The certified lead inspector/risk
			 assessor or elevated blood lead (EBL) inspector/risk assessor shall note any
			 components where lead-based paint has been enclosed or encapsulated. The
			 certified lead inspector/risk assessor or elevated blood lead (EBL)
			 inspector/risk assessor shall not make a determination that the residential
			 dwelling is lead-free where components that are painted with lead-based paint
			 have been enclosed or encapsulated.
(4) Paint shall be tested using adequate
			 quality control by X-ray fluorescence (XRF) or by laboratory analysis using a
			 recognized laboratory to determine the presence of lead-based paint on a
			 surface. If testing by laboratory analysis, the certified lead inspector/risk
			 assessor or elevated blood lead (EBL) inspector/risk assessor shall collect
			 paint samples using the documented methodologies specified in guidance
			 documents issued by the department. If testing by X-ray fluorescence, the
			 certified lead inspector/risk assessor or elevated blood lead (EBL)
			 inspector/risk assessor shall use the following methodologies:
1. The certified lead inspector/risk assessor
			 or elevated blood lead (EBL) inspector/risk assessor shall use an X-ray
			 fluorescence analyzer that has a performance characteristics sheet and shall
			 use the X-ray fluorescence analyzer according to the performance
			 characteristics sheet.
2. The
			 certified lead inspector/risk assessor or elevated blood lead (EBL)
			 inspector/risk assessor shall use standards provided by the manufacturer and
			 the NIST 1.02 standard film for calibration of the X-ray fluorescence
			 analyzer.
3. The certified lead
			 inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor
			 shall take calibration readings consisting of an average of three readings at
			 the beginning of the inspection, every four hours, and at the end of the
			 inspection.
4. Prior to taking the
			 final set of calibration readings and if recommended by the performance
			 characteristics sheet, the certified lead inspector/risk assessor or elevated
			 blood lead (EBL) inspector/risk assessor shall conduct substrate correction for
			 all XRF readings less than 4.0 milligrams of lead per square centimeter. For
			 each substrate that requires substrate correction, the certified lead
			 inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor
			 shall completely remove all paint from an area of two different testing
			 combinations for that substrate. If possible, the areas chosen for substrate
			 correction should have initial XRF readings of less than 2.5 milligrams of lead
			 per square centimeter. For each testing combination, the certified lead
			 inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor
			 shall remove paint from an area that is at least as large as the XRF probe
			 faceplate. On each of the two areas, the certified lead inspector/risk assessor
			 or elevated blood lead (EBL) inspector/risk assessor shall place the NIST 1.02
			 standard film over the surface and take three XRF readings with the XRF used to
			 conduct the inspection. The certified lead inspector/risk assessor or elevated
			 blood lead (EBL) inspector/risk assessor shall calculate the arithmetic mean
			 for these six readings and shall subtract 1.02 from this arithmetic mean to
			 obtain the substrate correction value. The certified lead inspector/risk
			 assessor or elevated blood lead (EBL) inspector/risk assessor shall then
			 subtract the substrate correction value from each XRF reading for the substrate
			 requiring substrate correction to obtain the corrected XRF reading. For
			 example, if the six readings taken on the NIST 1.02 standard film were 1.1,
			 1.3, 1.4, 1.0, 1.2, and 1.1, the arithmetic mean is calculated by the equation
			 (1.1 + 1.3 + 1.4 + 1.0 + 1.2 + 1.1)/6 and is equal to 1.18. The substrate
			 correction value is equal to 1.18 minus 1.02, or 0.16.
5. The certified lead inspector/risk assessor
			 or elevated blood lead (EBL) inspector/risk assessor shall classify each XRF
			 reading that did not require substrate correction and each corrected XRF
			 reading for XRF readings that required substrate correction as positive,
			 negative, or inconclusive, according to the performance characteristics sheet
			 for the XRF. The certified lead inspector/risk assessor or elevated blood lead
			 (EBL) inspector/risk assessor shall not discard XRF readings unless instructed
			 to do so by the performance characteristics sheet or the operating instructions
			 from the manufacturer. If the certified lead inspector/risk assessor or
			 elevated blood lead (EBL) inspector/risk assessor believes that a reading
			 classified as positive is in error, the certified lead inspector/risk assessor
			 or elevated blood lead (EBL) inspector/risk assessor shall collect a paint
			 sample for laboratory analysis. The certified lead inspector/risk assessor or
			 elevated blood lead (EBL) inspector/risk assessor shall change the positive
			 classification to negative only if the results of the laboratory analysis
			 indicate that the surface is not painted with lead-based paint.
6. The certified lead inspector/risk assessor
			 or elevated blood lead (EBL) inspector/risk assessor shall resolve inconclusive
			 readings as defined by the performance characteristics sheet for the XRF by
			 collecting paint samples for laboratory analysis. If instructed by the property
			 owner or the person requesting the report, the certified lead inspector/risk
			 assessor or elevated blood lead (EBL) inspector/risk assessor may assume that
			 inconclusive readings are positive, but shall not assume that inconclusive
			 readings are negative.
7. As
			 described by the performance characteristics sheet, the certified lead
			 inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor
			 shall conduct retesting of 10 surfaces, calculate the retest tolerance limit,
			 and determine whether the inspection meets the retest tolerance limit. If the
			 retest tolerance limit is not met, then this procedure shall be repeated with
			 10 additional surfaces. If the retest tolerance limit is not met with the 20
			 retested surfaces, then all results of the inspection shall be considered
			 invalid.
(5) If each
			 testing combination in the residential dwelling is found to be free of
			 lead-based paint, then the residential dwelling is free of lead-based paint. If
			 any surface in the residential dwelling is found to be painted with lead-based
			 paint, then the residential dwelling is not free of lead-based paint.
(6) If lead-based paint is identified through
			 a lead-free inspection, the certified lead inspector/risk assessor or elevated
			 blood lead (EBL) inspector/risk assessor must conduct a visual inspection to
			 determine the presence of lead-based paint hazards and any other potential lead
			 hazards including bare soil in the dripline of a home where lead-based paint is
			 identified on exterior components or lead-based paint previously existed on
			 exterior components, but has been removed, enclosed, or encapsulated.
(7) A certified lead inspector/risk assessor
			 or a certified elevated blood lead (EBL) inspector/risk assessor shall prepare
			 a written report for each residential dwelling or child-occupied facility where
			 a lead-free inspection is completed. No later than three weeks after the
			 receipt of laboratory results, the certified lead inspector/risk assessor or
			 certified elevated blood lead (EBL) inspector/risk assessor shall send a copy
			 of the report to the property owner and to the person requesting the lead-free
			 inspection, if different. A certified lead inspector/risk assessor or a
			 certified elevated blood lead (EBL) inspector/risk assessor shall maintain a
			 copy of each written report for no less than three years. The report shall
			 include, at least:
1. A statement that the
			 inspection was conducted to determine whether the residential dwelling is free
			 of lead-based paint;
2. Date of
			 inspection;
3. Address of
			 building;
4. Date of
			 construction;
5. Apartment numbers
			 (if applicable);
6. The name,
			 address, and telephone number of the owner or owners of each residential
			 dwelling or child-occupied facility;
7. Name, signature, and certification number
			 of each certified lead inspector/risk assessor or certified elevated blood lead
			 (EBL) inspector/risk assessor conducting the inspection;
8. Name and certification number of the
			 certified firm(s) conducting the inspection;
9. Name, address, and telephone number of
			 each laboratory conducting an analysis of collected samples;
10. Each testing method and sampling
			 procedure employed for paint analysis, including quality control data and, if
			 used, the manufacturer, serial number, software, and operating mode of any
			 X-ray fluorescence (XRF) device;
11. XRF readings taken for calibration and
			 calculations to demonstrate that the XRF is properly calibrated at each
			 required calibration;
12. Specific
			 locations by room of each painted component tested for the presence of
			 lead-based paint and the results for each component expressed in terms
			 appropriate to the sampling method used;
13. The results of retesting of 10 surfaces,
			 calculations to determine the retest tolerance limit, and the determination of
			 whether the inspection meets the retest tolerance limit;
14. If the certified lead inspector/risk
			 assessor or certified elevated blood lead (EBL) inspector/risk assessor
			 determines that the residential dwelling is free of lead-based paint, the
			 report shall contain the following statement:
"The results of this inspection indicate that no lead in
				amounts greater than or equal to 1.0 mg/cm2in paint
				was found on any building components, using the inspection protocol in Chapter
				7 of the Guidelines for the Evaluation and Control of Lead-Based Paint Hazards
				in Housing ((2012), U.S. Department of Housing and Urban Development).
				Therefore, this residential dwelling qualifies for the exemption in 24 CFR Part
				35 and 40 CFR Part 745 for target housing being leased that is free of
				lead-based paint, as defined in the rule. However, some painted surfaces may
				contain levels of lead below 1.0 mg/cm2, which could
				create lead dust or lead-contaminated soil hazards if the paint is turned into
				dust by abrasion, scraping, or sanding. This report should be kept by the owner
				and all future owners for the life of the residential dwelling. Per the
				disclosure requirements of 24 CFR Part 35 and 40 CFR Part 745, prospective
				buyers are entitled to all available inspection reports should the property be
				resold.";
15. If any
			 lead-based paint is identified, a description of the location, type, and
			 severity of identified lead-based paint hazards, including the classification
			 of each tested surface as to whether it is a lead-based paint hazard, and any
			 other potential lead hazards, including bare soil in the dripline of a home
			 where lead-based paint is identified on exterior components or lead-based paint
			 previously existed on exterior components, but has been removed, enclosed, or
			 encapsulated;
16. A description of
			 interim controls and lead abatement options for each identified lead-based
			 paint hazard and a suggested prioritization for addressing each hazard. If the
			 use of an encapsulant or enclosure is recommended, the report shall recommend a
			 maintenance and monitoring schedule for the encapsulant or enclosure;
17. Information regarding the owner's
			 obligations to disclose known lead-based paint and lead-based paint hazards
			 upon sale or lease of residential property as required by Subpart H of 24 CFR
			 Part 35 and Subpart I of 40 CFR Part 745;
18. Information regarding Iowa's
			 prerenovation notification requirements found in 641-Chapter 69; and
			 information regarding Iowa's regulations for renovation, remodeling and
			 repainting found in 641-Chapter 70; and
19. The report shall contain the following
			 statement:
"The Iowa Department of Public Health may review this report
				for compliance purposes. It is a violation of law for anyone other than the
				certified lead professional signing it to alter this report. This report may be
				supplemented with additional information, so long as any addendum is signed by
				a lead inspector/risk assessor or elevated blood lead (EBL) inspector/risk
				assessor certified according to Iowa Administrative Code
				641-70.3 (135) and
				70.5(135)."