5 Colo. Code Regs. § 1001-23-A-IV

Current through Register Vol. 47, No. 24, December 25, 2024

Section 5 CCR 1001-23-A-IV - Inspections, Lead-Hazard Screens, and Risk Assessments

When performing any lead-based paint activity involving an inspection, lead-hazard screen or risk assessment of a pre-1978 residential dwelling or child-occupied facility, a certified individual must perform that activity in compliance with the appropriate requirements.

IV.A. Inspection

IV.A.1. An inspection must be conducted only by a person certified by the division pursuant to this Regulation Number 19, Part A as an inspector or risk assessor and, if conducted, must be conducted according to the procedures in Section IV.A. (Inspection) of this Regulation Number 19, Part A.

IV.A.2. When conducting an inspection, the following locations must be selected according to documented methodologies and tested for the presence of lead-based paint:

IV.A.2.a. In the portion of a pre-1978 residential dwelling and child-occupied facility being inspected, each component with a distinct painting history and each exterior component with a distinct painting history must 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; and

IV.A.2.b. In the portion of a pre-1978 multi-family dwelling or child-occupied facility being inspected, each component with a distinct painting history in every common area must 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.

IV.A.3. Paint must be sampled in the following manner:

IV.A.3.a. the analysis of paint to determine the presence of lead must be conducted using documented methodologies which incorporate adequate quality control procedures; and/or

IV.A.3.b. all collected paint chip samples must be analyzed according to Section IV.D. (Collection and Laboratory Analysis of Samples) of this Regulation Number 19, Part A, to determine if they contain detectable levels of lead that can be quantified numerically.

IV.A.4. The certified inspector or risk assessor must prepare an inspection report that must include the following information:

IV.A.4.a. date of each inspection;

IV.A.4.b. address of building;

IV.A.4.c. date of construction;

IV.A.4.d. apartment numbers (if applicable);

IV.A.4.e. name, address, and telephone number of the owner or owners of each pre-1978 residential dwelling or child-occupied facility;

IV.A.4.f. name, signature, and certification number of each certified inspector and/or risk assessor conducting testing;

IV.A.4.g. name, address, and telephone number of the certified firm employing each inspector and/or risk assessor, if applicable;

IV.A.4.h. each testing method and device and/or sampling procedure employed for paint analysis, including quality control data and, if used, the serial number of any x-ray fluorescence (XRF) device;

IV.A.4.i. specific locations of each painted component tested for the presence of lead-based paint; and

IV.A.4.j. the results of the inspection expressed in terms appropriate to the sampling method used.

IV.B. Lead Hazard Screen

IV.B.1. A lead hazard screen must be conducted only by a person certified by the division as a risk assessor and, if conducted, must be conducted according to the procedures in this Section IV.B. (Lead Hazard Screen) of this Regulation Number 19, Part A.

IV.B.2. If conducted, a lead hazard screen must be conducted as follows:

IV.B.2.a. Background information regarding the physical characteristics of the pre-1978 residential dwelling or child-occupied facility and occupant use patterns that may cause lead-based paint exposure to one or more children under 7 years of age must be collected.

IV.B.2.b. A visual inspection of the pre-1978 residential dwelling or child-occupied facility must be conducted to:

IV.B.2.b.(i) determine if any deteriorated paint is present, and

IV.B.2.b.(ii) locate at least two dust sampling locations.

IV.B.2.c. If deteriorated paint is present, each surface with deteriorated paint, which is determined, using documented methodologies, to be in poor condition and to have a distinct painting history, must be tested for the presence of lead.

IV.B.2.d. In residential dwellings two composite dust samples must be collected, one from the floors and the other from the windows, in rooms, hallways or stairwells where one or more children, under 7 years of age, are most likely to come in contact with dust.

IV.B.2.e. In pre-1978 multi-family dwellings and child-occupied facilities, in addition to the floor and window samples required in Section IV.B.2.d. of this Regulation Number 19, Part A, the risk assessor must also collect composite dust samples from common areas where one or more children, under 7 years of age, are most likely to come into contact with dust.

IV.B.3. Dust samples must be collected and analyzed in the following manner.

IV.B.3.a. all dust samples must be taken using documented methodologies that incorporate adequate quality control procedures; and

IV.B.3.b. all collected dust samples must be analyzed according to Section IV.D. (Collection and Laboratory Analysis of Samples) of this Regulation Number 19, Part A, to determine if they contain detectable levels of lead that can be quantified numerically.

IV.B.4. Paint must be sampled in the following manner:

IV.B.4.a. the analysis of paint to determine the presence of lead must be conducted using documented methodologies which incorporate adequate quality control procedures; and/or

IV.B.4.b. all collected paint chip samples must be analyzed according to Section IV.D (Collection and Laboratory Analysis of Samples) of this Regulation Number 19, Part A, to determine if they contain detectable levels of lead that can be quantified numerically.

IV.B.5. The risk assessor must prepare a lead hazard screen report, which must include the following information:

IV.B.5.a. The information required in a risk assessment report as specified in Section IV.C. (Risk Assessment) of this Regulation Number 19, Part A, including Sections IV.C.10.a. through IV.C.10.n. of this Regulation Number 19, Part A, and excluding Sections IV.C.10.o. through IV.C.10.r. of this Regulation Number 19, Part A. Additionally, any background information collected pursuant to Section IV.B.2.a. of this Regulation Number 19, Part A, must be included in the risk assessment report.

IV.B.5.b. Recommendations, if warranted, for a follow-up risk assessment, and as appropriate, any further actions.

IV.C. Risk Assessment

IV.C.1. A risk assessment must be conducted only by a person certified by the division as a risk assessor and, if conducted, must be conducted according to the procedures in this Section IV.C. (Risk Assessment) of this Regulation Number 19, Part A.

IV.C.2. A visual inspection for risk assessment of the pre-1978 residential dwelling or child-occupied facility must be undertaken to locate the existence of deteriorated paint, assess the extent and causes of the deterioration, and other potential lead-based paint hazards.

IV.C.3. Background information regarding the physical characteristics of the pre-1978 residential dwelling, or child-occupied facility and occupant use patterns that may cause lead-based paint exposure to one or more children under 7 years of age must be collected.

IV.C.4. The following surfaces that are determined, using documented methodologies, to have a distinct painting history, must be tested for lead;

IV.C.4.a. Each friction surface or impact surface with visibly deteriorated paint; and

IV.C.4.b. All other surfaces with visibly deteriorated paint.

IV.C.5. In pre-1978 residential dwellings, dust samples (either composite or single-surface samples) from the interior window sills and floor must be collected in all living areas where one or more children, under 7 years of age, are most likely to come into contact with dust.

IV.C.6. For pre-1978 multi-family dwellings and child-occupied facilities, the samples required in Section IV.C.4. of this Regulation Number 19, Part A, must be taken. In addition, interior window sill and floor dust samples (either composite or single-surface samples) must be collected in the following locations:

IV.C.6.a. common areas adjacent to the sampled pre-1978 residential dwelling or child-occupied facility; and

IV.C.6.b. other common areas in the building where the risk assessor determines that one or more children, under 7 years of age, are likely to come into contact with dust.

IV.C.7. For child-occupied facilities, interior window sill and floor dust samples (either composite or single-surface samples) shall be collected in each room, hallway or stairwell utilized by one or more children, under 7 years of age, and in other common areas in the child-occupied facility where the risk assessor determines one or more children, under 7 years of age, are likely to come into contact with dust.

IV.C.8. Soil samples must be collected and analyzed for lead concentrations in the following locations:

IV.C.8.a. exterior play areas where bare soil is present; and

IV.C.8.b. The rest of the yard (i.e., non-play areas) where bare soil is present.

IV.C.8.c. Any paint, dust, or soil sampling or testing must be conducted using documented methodologies that incorporate adequate quality control procedures.

IV.C.9. Any collected paint chip, dust, or soil samples must be analyzed according to Section IV.D. (Collection and Laboratory Analysis of Samples) of this Regulation Number 19, Part A, to determine if they contain detectable levels of lead that can be quantified numerically.

IV.C.10. The certified risk assessor must prepare a risk assessment report that must include the following information:

IV.C.10.a. date of assessment;

IV.C.10.b. address of each building;

IV.C.10.c. date of construction of buildings;

IV.C.10.d. apartment number (if applicable);

IV.C.10.e. name, address, and telephone number of each owner of each building;

IV.C.10.f. name, signature, and certification of the certified risk assessor conducting the assessment;

IV.C.10.g. name, address, and telephone number of the certified firm employing each certified risk assessor if applicable;

IV.C.10.h. name, address, and telephone number of each recognized laboratory conducting analysis of collected samples;

IV.C.10.i. results of the visual inspection;

IV.C.10.j. testing method and sampling procedure for paint analysis employed;

IV.C.10.k. specific locations of each painted component tested for the presence of lead;

IV.C.10.l. all data collected from on-site testing, including quality control data and, if used, the serial number of any XRF device;

IV.C.10.m. all results of laboratory analysis on collected paint, soil, and dust samples;

IV.C.10.n. any other sampling results;

IV.C.10.o. any background information collected pursuant to Section IV.C.3. of this Regulation Number 19, Part A;

IV.C.10.p. to the extent that they are used as part of the lead-based paint hazard determination, the results of any previous inspections or analyses for the presence of lead-based paint, or other assessments of lead-based paint-related hazards;

IV.C.10.q. a description of the location, type, and severity of identified lead-based paint hazards and any other potential lead hazards; and

IV.C.10.r. a description of interim controls and/or 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 must recommend a maintenance and monitoring schedule for the encapsulant or enclosure.

IV.D. Collection and Laboratory Analysis of Samples

Any paint chip, dust, or soil samples collected as required by the work practice standards contained in this Section IV. (Inspections, Lead Hazard Screens, and Risk Assessments) of this Regulation Number 19, Part A must be:

IV.D.1. collected by persons certified by the division pursuant to this Regulation Number 19, Part A as an inspector or risk assessor; and

IV.D.2. analyzed by a recognized laboratory.

IV.E. Composite Dust Sampling

Composite dust sampling may only be conducted in the situations specified in Sections IV.B. (Lead Hazard Screen) and IV.C. (Risk Assessment) of this Regulation Number 19, Part A. If such sampling is conducted, the following conditions will apply:

IV.E.1. composite dust samples must consist of at least two subsamples;

IV.E.2. every component that is being tested must be included in the sampling; and

IV.E.3. composite dust samples must not consist of subsamples from more than one type of component.

IV.F. Recordkeeping

All reports or plans required in this Section must be maintained by the certified firm or individual who prepared the report for no fewer than 3 years. The certified firm or individual also must provide copies of these reports to the building owner who contracted for its services.

IV.G. Alternative Procedures and Variances

The division may, at its discretion, grant a variance from the requirements in this Section IV. (Inspections, Lead Hazard Screens, and Risk Assessments) of this Regulation Number 19, Part A, allowing use of an alternative procedure for the inspection, risk assessment, and lead hazard screen provided that the person requesting the variance submit an alternative procedure in writing to the division and demonstrates to the satisfaction of the division that compliance with this Regulation Number 19, Part A is not practical or that the proposed alternative procedures provides equivalent means for determining the presence of lead and lead-based paint hazards.

IV.H. Determinations

IV.H.1. Lead-based paint is present:

IV.H.1.a. On any surface that is tested and found to contain lead equal to or in excess of 1.0 milligrams per square centimeter or equal to or in excess of 0.5% by weight; and

IV.H.1.b. On any surface like a surface tested in the same room equivalent that has a similar painting history and that is found to be lead-based paint.

IV.H.2. A paint-lead hazard is present:

IV.H.2.a. On any 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 window sill or floor) are equal to or greater than the dust hazard levels identified in this Regulation Number 19, Part A.

IV.H.2.b. On any chewable lead-based paint surface on which there is evidence of teeth marks;

IV.H.2.c. Where there is any damaged or otherwise deteriorated lead-based paint on an impact surface that is cause by impact from a related component (such as a door knob that knocks into a wall or a door that knocks against its door frame: and

IV.H.2.d. If there is 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.

IV.H.3. A dust-lead hazard is present in a residential dwelling or child-occupied facility:

IV.H.3.a. On the floors and interior window sills when the weighted arithmetic mean lead loading for all single surface or composite samples of floors and interior window sills are equal to or greater than 10 µg/ ft2 for floors and 100 µg/ ft2 for interior window sills, respectively:

IV.H.3.b. On floors or interior window sills in an unsampled residential dwelling in a multi-family dwelling, if a dust-lead hazard is present on floors or interior window sills, respectively, in at least one sampled residential unit on the property; and

IV.H.3.c. On floors or interior window sills in an unsampled common area in a multi-family dwelling, if a dust-lead hazard is present on floors or interior window sills, respectively, in at least one sampled common area group on the property.

IV.H.4. A soil-lead hazard is present:

IV.H.4.a. In a play area when the soil-lead concentration from a composite area sample of bare soil is equal to or greater than 400 parts per million: or

IV.H.4.b. In the rest of the yard when the arithmetic mean lead concentration from a composite sample (or arithmetic mean of composite samples) of bare soil from the rest of the yard (i.e., non-play areas) for each residential building on a property is equal to or greater than 1,200 parts per million.

5 CCR 1001-23-A-IV

44 CR 24, December 25, 2021, effective 1/14/2022