Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 23 - LEAD BASED PAINT ACTIVITIES › Section 178-23-006 - WORK PRACTICE STANDARDS

Current through June 17, 2024
Licensed individuals and firms shall comply with the
				  following when performing any lead-based paint activity.
006.01
GUIDELINES.
Every licensed individual and firm shall comply with Department standards and
				all the requirements as stated in the United States Department of Housing and
				Urban Development Guidelines for the Evaluation and Control of Lead-Based Paint
				Hazards in Housing 2012 edition. A copy may be inspected at the Division of
				Public Health of the Department of Health and Human Services, 301 Centennial
				Mall South, Lincoln, Nebraska 68509 or available on our website. All actions
				that say "should be conducted" in the United States Department of Housing and
				Urban Development Guidelines for the Evaluation and Control of Lead-Based Paint
				Hazards in Housing 2012 edition are required to be completed under these
				regulations.
006.02
CLEARANCE LEVELS.
For post-abatement clearance the
				maximum level of lead in dust on horizontal surfaces are as follows: floors 10
				micrograms per square foot, interior windowsills 100 micrograms per square
				foot, and window troughs into which the sash fits and exterior surfaces 400
				micrograms per square foot using dust wipe sampling methodology.
006.03
CLEARANCE
				EXAMINATION.
A clearance examination can only be conducted by a
				licensed Inspector, or licensed Risk Assessor.
006.04
ABATEMENT.
An
				abatement shall comply with the requirements in
				006.01 and the following:
006.04(A)
REQUIRED
				PERSONNEL.
A licensed supervisor is required for each abatement
				project and must be onsite during all work site preparation and during the
				postabatement cleanup of work areas. At all other times when abatement
				activities are being conducted, the licensed supervisor must be onsite or
				available by telephone, pager or answering service, and able to be present at
				the work site in no more than two hours.
006.04(B)
PROJECT
				NOTIFICATION.
Notification of the commencement of lead-based paint
				abatement activities in a residential dwelling or child-occupied facility or as
				a result of a Federal, State, or local order must be given to the Department
				prior to the commencement of abatement activities.
006.04(C)
OCCUPANT PROTECTION
				PLAN.
A written occupant protection plan must be developed for all
				abatement projects, the occupants must be notified of its availability and it
				must:
(i) Be unique to each residential
				dwelling or child-occupied facility and be developed prior to the abatement. It
				must describe the measures and management procedures that will be taken during
				the abatement to protect the building occupants from exposure to any lead-based
				paint hazards.
(ii) Be prepared by
				a licensed supervisor or project designer, and
(iii) Be available to occupants.
006.04(D)
POST
				ABATEMENT.
The following post-abatement clearance procedures can
				only be performed by a licensed inspector or risk assessor:
(i) Following an abatement, a visual
				inspection must be performed to determine if deteriorated painted surfaces, or
				visible amounts of dust, debris or residue are still present. If deteriorated
				painted surfaces or visible amounts of dust, debris or residue are present,
				these conditions must be eliminated prior to the continuation of the clearance
				procedures.
(ii) Following the
				visual inspection and any post-abatement cleanup required by 178 NAC
				23-006.04(D) item
				(i). Clearance sampling for lead in dust must be conducted. Clearance sampling
				may be conducted by employing single-surface sampling or composite sampling
				techniques.
(iii) Dust samples for
				clearance purposes must be taken using procedures contained in the Housing and
				Urban Development Guidelines for the Evaluation and Control of Lead-Based Paint
				Hazards in Housing 2012 edition.
(iv) Dust samples for clearance purposes must
				be taken a minimum of one hour after completion of final post-abatement cleanup
				activities.
(v) The following
				post-abatement clearance activities must be conducted as appropriate based upon
				the extent or manner of abatement activities conducted in or to the residential
				dwelling or child-occupied facility:
(1) After
				conducting an abatement with containment between abated and unabated areas, one
				dust sample must be taken from one interior windowsill and from one window
				trough, if present, and one dust sample must be taken from the floor of no less
				than four rooms, hallways, or stairwells within the containment area. In
				addition, one dust sample must be taken from the floor outside the containment
				area. If there are less than four rooms, hallways or stairwells within the
				containment area, then all rooms, hallways or stairwells must be
				sampled.
(2) After conducting an
				abatement with no containment, two dust samples must be taken from no less than
				four rooms, hallways or stairwells in the residential dwelling or
				child-occupied facility. One dust sample must be taken from one window, if
				available, and one dust sample must be taken from the floor of each room,
				hallway or stairwell selected. If there are less than four rooms, hallways or
				stairwells within the residential dwelling or child-occupied facility then all
				rooms, hallways or stairwells must be sampled.
(3) Following an exterior paint abatement, a
				visible inspection must be conducted. All horizontal surfaces in the outdoor
				living area closest to the abated surface must be cleaned of visible dust and
				debris. In addition, a visual inspection must be conducted to determine the
				presence of paint chips on the dripline or next to the foundation below any
				exterior surface abated. If paint chips are present, they must be removed from
				the site and properly disposed of, according to all applicable Federal, State
				and local requirements.
(vi) The rooms, hallways or stairwells
				selected for sampling must be selected according to documented
				methodologies.
(vii) A licensed
				inspector or risk assessor must compare the residual lead level, as determined
				by the laboratory analysis, from each single surface dust sample with clearance
				levels in 178 NAC
				23-006.02 for lead in dust on
				floors, interior windowsills and window troughs or from each composite dust
				sample with the applicable clearance levels for lead in dust on floors,
				interior windowsills, and window troughs divided by half the number of
				subsamples in the composite sample. If the residual lead levels in a single
				surface dust sample equals or exceeds the applicable clearance level or if the
				residual lead level in a composite dust sample equal or exceeds the applicable
				clearance level divided by half the number of subsamples in the composite
				sample, the components represented by the failed sample must be recleaned and
				retested until clearance levels are met.
(viii) The clearance levels for lead in dust
				are 10 µg/ft2 for floors, 100
				µg/ft2 for interior windowsills, and 400
				µg/ft2 for window troughs.
006.04(E)
MULTI-FAMILY
				DWELLINGS.
In a multi-family dwelling with similarly constructed
				and maintained residential dwellings, random sampling for the purposes of
				clearance may be conducted provided:
(i) The
				licensed individuals who abate or clean the residential dwellings do not know
				which residential dwelling will be selected for the random sample.
(ii) A sufficient number of residential
				dwellings are selected for dust sampling to provide a 95% level of confidence
				that no more than 5% or 50 of the residential dwellings (whichever is smaller)
				in the randomly sampled population exceed the appropriate clearance
				levels.
(iii) The randomly selected
				residential dwellings must be sampled and evaluated for clearance according to
				the procedures found in 178 NAC
				23-006.04(D).
006.04(F)
ABATEMENT
				REPORT.
An abatement report must be prepared by a licensed
				supervisor or project designer, and include the following information:
(i) Start and completion dates of
				abatement.
(ii) The name and
				address of each licensed firm conducting the abatement and the name of each
				supervisor assigned to the abatement project.
(iii) The occupant protection plan prepared
				pursuant to 178 NAC
				23-006.04(C).
(iv) The name, address, and signature of each
				licensed risk assessor or inspector conducting clearance sampling and the date
				of clearance testing.
(v) The
				results of clearance testing and all soil analyses, if applicable, and the name
				of each recognized laboratory that conducted the analyses.
(vi) A detailed written description of the
				abatement, including abatement methods used, locations of rooms and components
				where abatement occurred, reason for selecting abatement methods for each
				component, and any suggested monitoring of encapsulants or
				enclosures.
006.04(G)
SAMPLES.
Collection and laboratory analysis of
				samples: Any paint chip, dust, or soil samples collected pursuant to the work
				practice standards contained in 178 NAC
				23-006 must be:
(i) Collected by persons licensed as an
				inspector or risk assessor; and
(ii) Analyzed by a laboratory recognized by
				Environmental Protection Agency pursuant to section 405(b) of Toxics Substance
				Control Act as being capable of performing analyses for lead compounds in paint
				chip, dust, and soil samples.