Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 295 - OCCUPATIONAL HEALTH › Subchapter I - TEXAS ENVIRONMENTAL LEAD REDUCTION › Section 295.212 - Standards for Conducting Lead-Based Paint Activities

Current through Reg. 49, No. 28; July 12, 2024
(a) Inspection.
(1) Lead-based paint inspections shall be conducted only by persons
											  certified by the department as an inspector or risk assessor and must be conducted according to the
											  procedures in this section.
(2) When conducting an inspection,
											  the following locations shall be selected according to approved documented methodologies and tested for the
											  presence of lead-based paint.
(A) For every residential dwelling and
											  child-occupied facility, each interior component with a distinct painting history, and each exterior
											  component with a distinct painting history shall be tested for lead-based paint, except those components that
											  the inspector or risk assessor determines to have been replaced after 1978, or to not contain lead-based
											  paint.
(B) If conducting an inspection in a multi-family dwelling
											  or child-occupied facility, all components with a distinct painting history in every common area shall be
											  tested for lead-based paint, except those components that the inspector or risk assessor determines to have
											  been replaced after 1978, or to not contain lead-based paint.
(3) The collection and analysis of paint samples to determine the presence
											  of lead-based paint shall be conducted using approved documented methodologies which incorporate adequate
											  quality control procedures and analyzed according to subsection (e) of this section.
(4) The certified inspector or risk assessor shall prepare a written
											  inspection report, which shall include the following information:
(A) date
											  of inspection;
(B) address of buildings and units;
(C) date of construction of buildings and units;
(D) unit numbers (if applicable);
(E) name, address, and telephone number of the owner of buildings and
											  units;
(F) name, signature, and certification number of each
											  certified inspector, risk assessor, or both conducting testing;
(G) name, address, and telephone number of the certified firm employing or
											  contracting with each inspector, risk assessor, or both;
(H)
											  name, address, and telephone number of each recognized laboratory conducting an analysis of collected
											  samples;
(I) each testing method, device, and sampling procedure
											  employed for paint analysis, including quality control data, copy of laboratory reports, and, if used, the
											  brand name, model, and serial number of any XRF device, including downloaded XRF data;
(J) specific locations of each painted component tested for the presence of
											  lead-based paint; and
(K) the results of the inspection expressed
											  according to the sampling method used.
(5) All
											  inspection reports shall be retained for a minimum of three years.