5 Colo. Code Regs. § 1001-23-A-V
Current through Register Vol. 47, No. 24, December 25, 2024
Section 5 CCR 1001-23-A-V - Abatement RequirementsV.A. General Requirements V.A.1. Except for those persons and activities exempted in Section I. (Scope and Applicability) of this Regulation Number 19, Part A, persons performing lead-based paint abatement in or to a pre-1978 residential dwelling or child-occupied facility must comply with all the requirements of Section III. (Training and Certification Requirements) and this Section V. (Abatement Requirements) of this Regulation Number 19, Part A, if any of the following conditions apply: V.A.1.a. two or more square feet of lead-based paint or lead contaminated dust is being abated per room or equivalent.V.A.1.b. twenty or more square feet of lead-based paint, lead contaminated dust, or lead contaminated soil is being abated from or on the exterior building.V.A.1.c. at least one window is being abated.V.A.2. An abatement must be conducted only by individuals certified by the division working for a certified LAF, and if conducted, must be conducted according to the procedures in this Section V. (Abatement Requirements) of this Regulation Number 19, Part A.V.A.3. A certified supervisor is required for each abatement project and must be onsite during all abatement activities.V.A.4. The certified supervisor and the certified LAF employing that supervisor must ensure that all abatement activities are conducted according to the requirements of this Section V. (Abatement Requirements) of this Regulation Number 19, Part A, and all other Federal, State and local requirements.V.A.5. Notification V.A.5.a. Notification of the commencement of lead-based paint abatement in or to a pre-1978 residential dwelling or child-occupied facility must be provided on a form specified by the Division and postmarked or delivered to the division a minimum of 10 working days prior to the commencement of abatement activities.V.A.5.b. The 10 working day notification may be waived by the Division if one or more of the following conditions exist: V.A.5.b.(i) a child with an elevated blood lead level resides within the pre-1978 residential dwelling or child-occupied facility or regularly visits the child-occupied facility where the abatement will occur; orV.A.5.b.(ii) the Division determines that an imminent danger to health exists; orV.A.5.b.(iii) the Division determines that an unavoidable hardship would result.V.A.5.c. The applicable notification fee given must accompany the notification form for the notice to be accepted by the Division. VALUATION OF WORK | NOTIFICATION FEE |
$2,000 or less | $155 |
$2,001- $50,000 | $145 base plus $8.00 per $1,000 in valuation or fraction thereof of total valuation |
$50,001- $100,000 | $195 base plus $7.00 per $1,000 in valuation or fraction thereof of total valuation |
$100,001- $500,000 | $295 base plus $6.00 per $1,000 in valuation or fraction thereof of total valuation |
Over $500,000 | $795 base plus $5.00 per $1,000 in valuation or fraction thereof of total valuation |
V.A.6. Occupant Protection Plan A written occupant protection plan must be developed for all abatement projects and must be prepared according to the following procedures:
V.A.6.a. The occupant protection plan must be unique to each pre-1978 residential dwelling or child-occupied facility, be developed prior to the abatement and submitted with the lead abatement permit application for review and approval. The occupant protection plan 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. At a minimum, the plan must include a site-specific description of how the contractor will implement the applicable occupant protection measures contained in Sections V.B. (Work Practice Restrictions and Prohibitions) through V.K. (Waste Handling) of this Regulation Number 19, Part A. In addition, the plan must specifically address whether occupant relocation during abatement activities is necessary.V.A.6.b. A certified supervisor or project designer must prepare the occupant protection plan.V.A.6.c. The occupant protection plan must also provide sufficient detail for the Division to understand and evaluate the following: V.A.6.c.(i). The scope of work for the project. Include types and amounts of material to be abated.V.A.6.c.(ii) Submit a floor plan or drawing of the project location. Indicate on the floor plan or drawing, the location of lead hazard(s) to be abated as well as the work areas and containments labelled accordingly.V.A.6.c.(iii) Describe the work practices to be implemented. Describe specific work practices for each unique abatement activity.V.A.6.c.(iv) Explain the abatement methods that will be used.V.A.6.c.(v) Explain the clearance procedures that will be used to clear this project, including the sampling methods, number of samples that will be taken, the final clearance inspector name and their certification number.V.A.6.c.(vi) Provide the name and certification number of the individual who prepared the occupant protection plan. This person must also sign and date the occupant protection plan.V.A.7. The integrity of all containment systems must be maintained during abatement to prevent the potential spread of any lead contamination outside the work area. Should a breach occur, the areas contaminated with lead must be cleaned in accordance with the applicable requirements in Section V.H (Cleaning) of this Regulation Number 19, Part A, and cleared in accordance with the applicable requirements in Section V.J (Final Clearance) of this Regulation Number 19, Part A.V.B. Work Practice Restrictions and Prohibitions The work practices listed will be restricted as follows during an abatement.
V.B.1. Open-flame burning or torching of lead-based paint is prohibited.V.B.2. Machine sanding or grinding or abrasive blasting or sandblasting or drilling or cutting of lead-based paint is prohibited unless used with High Efficiency Particulate Air (HEPA) exhaust control that continually captures all particulate from the surface being abated.V.B.3. Dry scraping of lead-based paint is permitted only in conjunction with heat guns or around electrical outlets.V.B.4. Operating a heat gun on lead-based paint is permitted only at temperatures below 1100 degrees Fahrenheit.V.B.5. Uncontained hydroblasting or high-pressure water washing is prohibited unless the point of operation is completely self-contained within a local shroud and the water is captured within the shroud.V.B.6. Chemical stripping methods may only be used to remove lead-based paint from highly decorative or ornate components or surfaces that are otherwise difficult to abate by any other method.V.B.7. Dry, hand sanding is prohibited.V.C. Interior Abatement Requirements (excluding window abatements)V.C.1. The following containment system must be used for all interior abatement projects. For window abatement see Section V.EV.C.1.a. A containment level I-1, I-2 or I-3, as described in this Section V.C. (Interior Abatement Requirements) of this Regulation Number 19, Part A, must be used in those work areas if the amount of lead-based paint or lead-contaminated dust that will be disturbed per room, hallway, or stairwell is less than 2 square feet.V.C.1.b. A containment level I-2 or I-3, as described in this Section V.C. (Interior Abatement Requirements) of this Regulation Number 19, Part A, must be used in those work areas if the amount of lead-based paint or lead-contaminated dust that will be disturbed per room, hallway, or stairwell is 2 or more square feet.V.C.1.c. Regardless of the requirements in Sections V.C.1.a. and b. of this Regulation Number 19, Part A, an interior containment level I-3, as described in Section V.C.4. of this Regulation Number 19, Part A, must be used to contain the work area if either one of the following conditions apply: V.C.1.c.(i) if any amount of floor surface that is painted with lead-based paint, or was at one time painted with lead-based paint, is machine sanded; orV.C.1.c.(ii) if any amount of lead-based paint is abated by abrasive blasting.V.C.2. Interior containment level I-1 must consist of the following elements:V.C.2.a. Warning Signs. At a minimum, warning signs must be posted at all entryways to the work area. The warning signs must, in a language understandable by all occupants, state the following warning: WARNING
LEAD ABATEMENT WORK AREA
HAZARDOUS LEAD DUST
POISON
DO NOT ENTER
V.C.2.b. Warning Barriers. A physical barrier (furniture, wood planking) must be placed around the work area perimeter so as to prevent inadvertent access by children.V.C.2.c. Ventilation System Shutdown. Vents that are within 5 feet from the surface being abated must be sealed with 6-mil thickness polyethylene sheeting to prevent contaminated air from leaving the work area.V.C.2.d. Protection of Objects. Furniture and other movable objects within 5 feet in all directions of the surface to be abated must be moved outside the room, hallway, or stairwell. Objects or furniture that cannot be moved must be covered with a minimum of one layer of 6-mil polyethylene sheeting sealed to the floor, wall or ceiling as applicable.V.C.2.e. Floor Protection. At a minimum, one layer of 6-mil thickness polyethylene sheeting or greater must be sealed to the floor at least 5 feet beyond the perimeter of the surface being abated in all directions, so as to prevent contamination of the floor. Floors must be pre-cleaned of debris as required in Section V.H.1. (Pre-cleaning) of this Regulation Number 19, Part A prior to sealing polyethylene sheeting on the floor.V.C.2.f. Cleanup. All surfaces and floors extending 5 feet in all directions from the abated surface, and all adjacent areas used as a pathway to the work area, must be cleaned by HEPA vacuuming, wet washing, and HEPA vacuuming, and as required in Section V.H. (Cleaning) of this Regulation Number 19, Part A.V.C.3. Interior containment level I-2 must consist of the following elements:V.C.3.a. Warning Signs. At a minimum, warning signs must be posted at all entryways to the work area. The warning signs must, in a language understandable by all occupants, at least state the following warning: WARNING
LEAD ABATEMENT WORK AREA
HAZARDOUS LEAD DUST
POISON
DO NOT ENTER
V.C.3.b. Ventilation System Shutdown. The ventilation system supplying air to the work area must be turned off or otherwise prevented from supplying air to the work area until clearance has been achieved. All registers, vents and openings in the work area must be sealed with 6-mil thickness polyethylene sheeting.V.C.3.c. Barriers. All openings to the work area must be sealed off from the rest of the building with a minimum of 1 layer of 6-mil thickness polyethylene sheeting to prevent air flow out of the work area.V.C.3.d. Work Area Egress. Entry into and egress out of the work area must be through an airlock that, at a minimum, must consist of a single chamber with self-closing triple flaps or "Z-flaps" on either side of the chamber. Disposable clothing and footwear must be worn by all persons entering the containment area. Disposable clothing and footwear used inside the containment must be deposited in this airlock chamber prior to personnel exiting containment.V.C.3.e. Protection of Objects. Furniture and other movable objects must be moved outside the room, hallway, or stairwell. Objects or furniture that cannot be moved must be covered with a minimum of one layer of 6-mil polyethylene sheeting sealed to the floor, wall or ceiling as applicable.V.C.3.f. Floor Protection. The entire floor within the work area must be sealed with a minimum of 2 layers of 6-mil thickness polyethylene sheeting. The polyethylene sheeting must be installed such that removal of the top most layer of polyethylene sheeting will not cause the underlying polyethylene sheeting to lose its seal. Floors must be pre-cleaned of debris as required in Section V.H.1. (Pre-cleaning) of this Regulation Number 19, Part A prior to sealing polyethylene sheeting on the floor.V.C.3.g. Cleanup. All surfaces in the work area and all adjacent areas used as a pathway to the work area must be cleaned by HEPA vacuuming, wet washing, and HEPA vacuuming, and as required in Section V.H. (Cleaning) of this Regulation Number 19, Part A. Polyethylene sheeting must be removed in accordance with Section V.H.4. (Polyethylene Sheeting Removal Procedures) of this Regulation Number 19, Part A.V.C.4. Interior containment level I-3 must consist of the following elements:V.C.4.a. Containment. At a minimum, all the level I-2 containment requirements as described in Section V.C.3. of this Regulation Number 19, Part A.V.C.4.b. Work Area Egress. Entry into and egress out of the work area must be through a 3-stage decontamination unit with a shower equipped with hot and cold water that is adjustable inside the shower unit. Each airlock in the decontamination unit must be constructed with self-closing triple flaps or "Z-flaps" separating each individual chamber. Persons entering the abatement work area prior to final clearance must don disposable clothing and footwear. Prior to exiting the containment, personnel must dispose of the suits in the chamber adjacent to the work area and shower.V.C.4.c. Negative Pressure/Airflow. The containment must have a negative pressure differential of at least-0.02 inches' water column between the inside of the work area and the adjacent outside area The pressure differential must be continuously recorded with a recording manometer. The air within the work area must be exchanged at a minimum rate of 10 times per hour and exhausted to the exterior of the building. Air flow must always be from the outside of containment to within, as verified by smoke testing. Smoke tubes must be on site at all times during abatement.V.D. Exterior Abatement Requirements V.D.1. Exterior Abatement Project Restrictions All exterior abatement projects subject to this Regulation Number 19, Part A, except for abatement work areas sufficiently contained with an exterior containment level of X-2 or X-3, must comply with the following restrictions.
V.D.1.a. Exterior abatement, except for cleanup to prevent the spread of lead contamination, must not proceed if the local wind gusts are, or are expected to be, greater than 20 miles per hour.V.D.1.b. Exterior abatement must stop and cleanup must occur before rain begins.V.D.2. Containment Requirements V.D.2.a. The following containment system must be used for all exterior abatement projects. For window abatement see Section V.E., for soil abatement see Section V.F. V.D.2.a.(i) An exterior containment level X-1, X-2, or X-3, as described in this Section V.D.2. (Containment Requirements) of this Regulation Number 19, Part A, must be used if the amount of lead-based paint that will be disturbed is less than 20 square feet.V.D.2.a.(ii) An exterior containment level X-2 or X-3, as described in this Section V.D.2. (Containment Requirements) of this Regulation Number 19, Part A, must be used if the amount of lead-based paint that will be disturbed is 20 or more square feet.V.D.2.a.(iii) Regardless of the requirements in Sections V.D.2.a.(i) and (ii) of this Regulation Number 19, Part A, an exterior containment level X-3 as described in Section V.D.2.d. of this Regulation Number 19, Part A must be used if either one of the following conditions apply:V.D.2.a.(iii)(A) any amount of floor surface (e.g. patio, step, deck) that is painted with lead-based paint, or was at one time painted with lead-based paint, is power sanded; orV.D.2.a.(iii)(B) any amount of lead-based paint is abated by abrasive blasting.V.D.2.b. Exterior containment level X-1 must consist of the following elements:V.D.2.b.(i) Warning Signs. Post warning signs on the building and at a 20-foot perimeter around the building (or less if distance to the next building or sidewalk is less than 20 feet). The warning signs must, in a language understandable by all occupants, state the following warning: WARNING
LEAD ABATEMENT WORK AREA
HAZARDOUS LEAD DUST
POISON
DO NOT ENTER
V.D.2.b.(ii) Warning Barriers. Erect temporary fencing or barrier tape at a 20-foot perimeter around working surfaces (or less if distance to the next building or sidewalk is less than 20 feet). If an entryway to the building is within 10 feet of the working surfaces, an alternate entryway must be provided. At least one lead-safe entryway must be made available to occupants at all times, unless the occupants have been relocated until final clearance has been achieved.V.D.2.b.(iii) Barriers. All windows within 20 feet of the working surfaces must be closed or sealed, including windows in adjacent structures.V.D.2.b.(iv) Protection of Objects. All movable objects must be moved to a minimum of 20 feet away from abatement surfaces in all directions. Objects that cannot be removed must be covered with a minimum of 1 layer of 6-mil thickness polyethylene sheeting sealed to the floor, wall or ceiling as applicable.V.D.2.b.(v) Ground Protection. At a minimum, the ground, including decks, driveways, and porches, extending 10 feet beyond the perimeter of the abatement surfaces in all directions must be covered with one layer of 6-mil thickness polyethylene sheeting. The edges of the polyethylene sheeting must be sealed to the building such that no gaps between the polyethylene sheeting and the building exist. The edges of the polyethylene sheeting must be raised to create a basin to contain contaminated runoff. The polyethylene sheeting must be weighted down or otherwise secured to prevent movement. The ground must be pre-cleaned of visible debris as required in Section V.H.1. (Pre-cleaning) of this Regulation Number 19, Part A prior to sealing it with polyethylene sheeting.V.D.2.b.(vi) Cleanup. All debris and ground polyethylene sheeting must be removed from the work area before leaving the site each night. Polyethylene sheeting must be cleaned and removed in accordance with Section V.H.4. (Polyethylene Sheeting Removal Procedures) of this Regulation Number 19, Part A. Paint chips in the soil must be HEPA vacuumed and properly disposed.V.D.2.c. Exterior containment level X-2 must consist of the following elements:V.D.2.c.(i) Warning Signs. Post visible warning signs on the building and on the outside of the containment barriers. The warning signs must, in a language understandable by all occupants, state the following warning: WARNING
LEAD ABATEMENT WORK AREA
HAZARDOUS LEAD DUST
POISON
DO NOT ENTER
V.D.2.c.(ii) Barriers. All openings to the work area must be sealed off with a minimum of 1 layer of 6-mil thickness polyethylene sheeting to prevent air flow out of the work area.V.D.2.c.(iii) Work Area Egress. Entry into and egress out of the work area must be through an airlock that, at a minimum, must consist of a single chamber with self-closing triple flaps or "Z-flaps" on either side of the chamber. Disposable clothing and footwear must be worn by all persons entering the containment area. Disposable clothing and footwear used inside the containment must be deposited in this airlock chamber prior to personnel exiting containment.V.D.2.c.(iv) Protection of Objects. All movable objects must be removed from the work area. Objects that cannot be removed must be covered with a minimum of 1 layer of 6-mil thickness polyethylene sheeting sealed to the floor, wall or ceiling as applicable.V.D.2.c.(v) Ground Protection. At a minimum, the ground, including decks, driveways and porches, within the work area must be covered with two layers of 6-mil thickness polyethylene sheeting. The edges of the polyethylene sheeting must be sealed to the building such that no gaps between the polyethylene sheeting and the building exist. The edges of the polyethylene sheeting must be raised to create a basin to contain contaminated runoff. The polyethylene sheeting must be weighted down or otherwise secured to prevent movement. The ground must be pre-cleaned of visible debris as required in Section V.H.1. (Pre-cleaning) of this Regulation Number 19, Part A prior to sealing it with polyethylene sheeting.V.D.2.c.(vi) Cleanup. Polyethylene barriers must be cleaned and removed in accordance with Section V.H.4. (Polyethylene Sheeting Removal Procedures) of this Regulation Number 19, Part A. All surfaces and floors within the containment and all adjacent areas used as a pathway to the work area, must be cleaned by HEPA vacuuming, wet washing, and HEPA vacuuming, and as required in Section V.H. (Cleaning) of this Regulation Number 19, Part A. Paint chips in the soil must be HEPA vacuumed and properly disposed.V.D.2.d. Exterior containment level X-3 must consist of the following elements:V.D.2.d.(i) Containment. At a minimum, all the exterior level X-2 containment requirements as described in Section V.D.2.c. of this Regulation Number 19, Part A. V.D.2.d.(ii) Work Area Egress. Entry into and egress out of the work area must be through a 3-stage decontamination unit with a shower equipped with hot and cold water that is adjustable inside the shower. Each airlock in the decontamination unit must be constructed with self-closing triple flaps or "Z-flaps" separating each individual chamber. Persons entering the abatement work area prior to final clearance must don disposable clothing and footwear. Prior to exiting the containment, personnel must dispose of the suits in the chamber adjacent to the work area and shower.V.D.2.d.(iii) Negative Pressure/Airflow. The containment must have a negative pressure differential of at least-0.02 inches' water column between the work area and the clean area. The pressure differential must be continuously recorded with a recording manometer. The air within the work area must be exchanged at a minimum rate of 10 times per hour. Air flow must always be from the outside of containment to within, as verified by smoke testing. Smoke tubes must be on site at all times during abatement.V.E. Window Abatement Window abatement requires the person performing the abatement to select and utilize one of the three options (V.E.1., V.E.2., or V.E.3.)
V.E.1. When abating windows from the exterior of a pre-1978 residential dwelling or child-occupied facility, the person performing the abatement must comply with the following requirements:V.E.1.a. Comply with the restrictions in Section V.D.1. (Exterior Abatement Project Restrictions) of this Regulation Number 19, Part A.V.E.1.b. At a minimum, seal two layers of 6-mil thickness polyethylene sheeting to the inside wall covering the window so as to prevent dust from migrating inside the building during abatement; andV.E.1.c. At a minimum, comply with all the exterior containment level X-1, level X-2 or level X-3 requirements described in Section V.D.2. (Containment Requirements) of this Regulation Number 19, Part A.V.E.2. When abating windows from the interior of a pre-1978 residential dwelling or child-occupied facility, the person performing the abatement must comply with the following requirements: V.E.2.a. at a minimum, secure two layers of 6-mil thickness polyethylene sheeting to the exterior wall so as to prevent dust from migrating outside the building during abatement; andV.E.2.b. comply with all interior containment level I-2 or level I-3 requirements as described in Section V.C. (Interior Abatement Requirements) of this Regulation Number 19, Part A.V.E.3. When abating windows, the person performing the abatement can do so by following all three elements: V.E.3.a. Comply with all interior containment level I-2 or level I-3 requirements as described in Section V.C.3 and V.C.4. (Interior Abatement Requirements) of this Regulation Number 19, Part A.V.E.3.b. Comply with the restrictions in Section V.D.1. (Exterior Abatement Project Restrictions) of this Regulation Number 19, Part A.V.E.3.c. At a minimum, comply with all the exterior containment level X-2 or level X-3requirements described in Section V.D.2.c. and V.D.2.d. (Exterior Abatement Requirements) of this Regulation Number 19, Part A.V.E.4. If the polyethylene sheeting described in Sections V.E.1.b or V.E.2.a. is breached, then surfaces on both sides of the window must be cleaned in accordance with the applicable requirements in Section V.H. (Cleaning) of this Regulation Number 19, Part A, and cleared in accordance with the applicable requirements in Section V.J. (Final Clearance) of this Regulation Number 19, Part A.V.F. Soil Abatement V.F.1. If conducted, or required pursuant to Section V.J.1.g.(ii) of this Regulation Number 19, Part A, soil abatement must be conducted in one of the following ways: V.F.1.a. If soil is removed the person performing the removal must:V.F.1.a.(i) comply with the exterior abatement project restrictions as described in Section V.D.1. (Exterior Abatement Project Restrictions) of this Regulation Number 19, Part A and the exterior containment level X-1, level X-2, or level X-3 requirements, as described in Section V.D. (Exterior Abatement Requirements) of this Regulation Number 19, Part A; andV.F.1.a.(ii) replace the lead-contaminated soil with soil no greater than 400 µg/g of lead.V.F.1.a.(iii) the soil that is removed must not be used as top soil at another residential property or child-occupied facility.V.F.1.b. If soil is not removed, the lead-contaminated soil must be permanently covered, as defined in Section II.B.61. of this Regulation Number 19, Part A.V.F.2. The abatement, handling, transportation, and disposal of lead-contaminated soil must be performed in a manner that prevents the spread of lead contamination to areas outside the abatement work area and the approved landfill.V.G. Encapsulation and Enclosure Requirements V.G.1. Encapsulation and enclosure systems must be dust tight for a design life of at least 20 years. Encapsulation and enclosure systems must not be used on unsound substrates that cannot be stabilized or repaired to support the enclosure or encapsulation systems for at least 20 years.V.G.2. Encapsulation and enclosure systems must be sealed in accordance with Section V.I.2. (Sealing Replacement Components, Enclosure and Encapsulation) of this Regulation Number 19, Part A.V.G.3. The surface behind the enclosure must be permanently labeled every 2 feet with the following warning, "Danger: Lead-Based Paint." A durable drawing of the property floor plan identifying the enclosed areas must be mounted in a visible location within the structure (e.g. utility room, furnace area, garage).V.G.4. Only those encapsulants explicitly recognized by the Division may be used for abatement projects subject to this Regulation Number 19, Part A. The list of Division approved lead encapsulants can be found on the Division's lead web page.V.H. Cleaning V.H.1. Pre-cleaning. Visible paint chips and lead-contaminated dust must be removed from the work area prior to laying polyethylene sheeting on the floor but after all other containment barriers have been erected.V.H.2. Daily Cleaning. All horizontal surfaces in the work area must be cleaned of visible dust and debris prior to ceasing work for the day.V.H.3. Carpet, Upholstery and Forced Air Duct CleaningV.H.3.a. Carpet and Rugs. All carpets or rugs that are contaminated with lead-contaminated dust that will be cleaned, and all carpet in the work area that will not be disposed of as lead-contaminated waste, must be cleaned as set forth: V.H.3.a.(i) HEPA vacuums must be used to vacuum all rugs and carpets. A HEPA vacuum equipped with a beater bar or agitator attachment on the vacuum head to dislodge embedded dust must be used when vacuuming the pile side of carpets.V.H.3.a.(ii) For wall to wall carpeting, the carpet must be vacuumed for not less than 4 minutes per 10 square feet of carpeting, divided into two time segments of at least 2 minutes for each 10 square feet. The two time vacuuming segments must be performed in perpendicular directions.V.H.3.a.(iii) For area rugs, the top and bottom of the carpet must be vacuumed for not less than 1 minute for every 10 square feet per side. After the initial vacuuming of the carpet, the floor below the area rug must also be vacuumed. Following the vacuuming of the floor, the pile side of the rug must again be vacuumed at a rate not less than 2 minutes per 10 square feet of rug.V.H.3.a.(iv) When carpet or rugs are removed from the work area for off-site cleaning or disposal, the carpet or rugs must be misted, carefully rolled and sealed with 6-mil thickness polyethylene sheeting to prevent the release of dust.V.H.3.b. Upholstery. All upholstery that is contaminated with lead-contaminated dust that will be cleaned, and all upholstered surfaces in the work area that are not disposed of as lead-contaminated waste, must be HEPA vacuumed with a minimum of three passes over each surface at a total rate of 2 minutes per 10 square feet.V.H.3.c. Air Ducts. Air vent registers within the work area must be HEPA vacuumed and wet cleaned. Horizontal surfaces in the duct work that can be reached with a vacuum attachment must be cleaned of visible dust and debris. The Division recommends that air filters on heating units and air conditioners be replaced at the same time as dust removal. V.H.4. Polyethylene Sheeting Removal Procedures. Prior to final cleaning, protective polyethylene sheeting coverings must be cleaned of visible debris by HEPA vacuuming and/or wet wiped so that they are visibly clean prior to removal. Multiple layers of polyethylene sheeting must be removed one layer at a time and only after each individual layer has been wet wiped clean of visible debris.V.H.5. Final Cleaning. No sooner than 1 hour after the completion of removal, encapsulation, or enclosure activities have ceased, and prior to final clearance, all surfaces in the work area must be cleaned by HEPA vacuuming, followed by wet cleaning, followed by a second HEPA vacuuming. In addition, persons performing the cleaning must comply with the following requirements:V.H.5.a. HEPA vacuuming must take place only after the surfaces in the work area being vacuumed are dry.V.H.5.b. Wet cleaning must use clean water mixed with a cleaning agent. The proportion of cleaning agent to water must be in accordance with the manufacturer's specifications. At a minimum, the cleaning mixture must be changed after its use in each room, hallway, or stairwell to avoid recontaminating an area by cleaning it with dirty water.V.I. Coating and Sealing V.I.1. Coating V.I.1.a. A visual inspection to ensure that lead-based paint hazards in the work area are eliminated must be conducted prior to the coating of surfaces as required in Section V.I.1.a. of this Regulation Number 19, Part A. The visual inspection must be performed only by a certified inspector or risk assessor.V.I.1.b. All abated surfaces in the work area shall be sealed with polyurethane or deck enamel, painted, or similarly coated so that the surfaces are easily cleanable by occupants. The coating may be applied prior to conducting final clearance wipe sampling.V.I.1.c. The installation of resilient coverings over an existing lead-based paint enclosure system is exempt from this Section V.I.1. (Coating) of this Regulation Number 19, Part A. Surfaces enclosed with resilient coverings such as vinyl, aluminum coil stock, or materials traditionally not repainted are exempt from this Section V.I.1. (Coating) of this Regulation Number 19, Part A.V.I.2. Sealing Replacement Components, Enclosures and Encapsulation. All replacement components, encapsulation systems and enclosures must be made dust-tight for at least 20 years. All crevices, holes, seams, edges, joints, and cracks must be caulked. The underside of all components and enclosures must be back-caulked to further prevent leaded dust and lead residues from escaping the abated surface.V.J. Final Clearance V.J.1. The following post-abatement clearance procedures must be performed only by a certified inspector or risk assessor. V.J.1.a. Visual inspection. Following an abatement, a visual inspection must be performed to determine that all of the following conditions have been met prior to the continuation of the clearance procedures:V.J.1.a.(i) Deteriorated painted surfaces and/or visible amounts of dust, debris or residue are not still present in the work area. 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.V.J.1.a.(ii) All surfaces in the work area are properly sealed and re-painted in accordance with Section V.I. (Coating and Sealing) of this Regulation Number 19, Part A, such that the surfaces are easily cleanable. These surfaces must be dry to the touch before the visual inspection and wipe sampling takes place.V.J.1.a.(iii) All enclosure and encapsulation systems are properly installed, caulked and are dust tight in accordance with Sections V.G. (Encapsulation and Enclosure Requirements), and V.I. (Coating and Sealing) of this Regulation Number 19, Part A.V.J.1.a.(iv) All areas adjacent to the work areas that were used as pathways to the work area are visibly free of lead-contaminated dust, debris or residue.V.J.1.b. Following the visual inspection and any post-abatement cleanup required by Section V.J.1.a. (Visual Inspection) of this Regulation Number 19, Part A, clearance sampling for lead-contaminated dust and soil must be conducted. Clearance sampling may be conducted by employing single-surface sampling or composite sampling techniques.V.J.1.c. Dust and soil samples for clearance purposes must be taken using documented methodologies that incorporate adequate quality control procedures.V.J.1.d. Dust and soil samples for clearance purposes must be taken a minimum of 1 hour after completion of final post-abatement cleanup activities.V.J.1.e. 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 pre-1978 residential dwelling, or child-occupied facility: V.J.1.e.(i) Clearance Sampling of Interior Abatement ProjectsV.J.1.e.(i)(A) After conducting an abatement, at least one dust sample must be taken from one interior window sill and from one window trough (if available) and at least one dust sample must be taken from the floor of no less than four rooms, hallways or stairwells within the containment area. In addition, at least one dust sample must be taken from the floor outside the containment area and within 10 feet of containment where potential contamination is likely. If there are less than four rooms, hallways or stairwells within the containment area, then all rooms, hallways or stairwells must be sampled.V.J.1.e.(ii) Clearance Sampling of Exterior Abatement ProjectsV.J.1.e.(ii)(A) After conducting an exterior lead-based paint abatement, the following samples must be collected:V.J.1.e.(ii)(A)(1) At least two dust samples must be collected from the work area if a paved surface or window are within the work area. At a minimum, one dust sample must be taken from one window (if any) and one dust sample must be collected from the floor of each patio, deck, driveway, or paved surface (if any) within the work area. Window samples must be collected from the window sill or window trough, alternating between rooms.V.J.1.e.(ii)(A)(2) At least two composite soil samples must be collected from the soil within the work area. At a minimum, one composite soil sample must be collected from the soil along the building perimeter and one composite soil sample must be collected from the child's principle play area (if any in the work area). Each composite soil sample must consist of at least 5 and no more than 10 aliquots of soil from areas selected in accordance with documented methodologies.V.J.1.e.(ii)(B) If the exterior abatement project involved only the covering or removing of bare soil then the collection of clearance soil samples specified in this Section V.J.1.e.(ii)(A) of this Regulation Number 19, Part A is not required. The visual inspection requirement specified in Section V.J.1.a. (Visual Inspection) of this Regulation Number 19, Part A, still applies to soil-only abatement projects.V.J.1.f. The rooms, hallways or stairwells or exterior areas selected for sampling must be selected according to documented methodologies.V.J.1.g. The certified inspector or risk assessor must compare the residual lead level (as determined by the laboratory analysis) from each dust and soil sample with applicable clearance levels for lead in dust and soil on floors, windows, and other surfaces. V.J.1.g.(i) If the residual lead level in a single surface dust sample equals or exceeds 10 µg/ ft2 on interior floors, 100 µg/ ft2 on interior window sills, 400 µg/ ft2 on window troughs, 500 µg/ ft2 on exterior window sills, or 800 µg/ ft2 on exterior surfaces (e.g. patios, porches, sidewalks), or if the residual lead level in a composite dust sample equals or exceeds the applicable clearance level divided by half the number of subsamples in the composite sample, all the components represented by the failed sample must be re-cleaned and re-tested until clearance levels are met.V.J.1.g.(ii) If the residual lead levels in a soil sample exceed 400 µg/g in a play area, or 1,200 µg/g in the rest of the yard, the soil must be abated in accordance with Section V.F. (Soil Abatement) of this Regulation Number 19, Part A.V.J.2. In a pre-1978 multi-family dwelling with similarly constructed and maintained pre-1978 residential dwellings, random sampling for the purposes of clearance may be conducted provided: V.J.2.a. the certified individuals who abate or clean the pre-1978 residential dwellings do not know which residential dwellings will be selected for the random samples;V.J.2.b. in accordance with Appendix A, a sufficient number of pre-1978 residential dwellings are selected for dust and soil sampling to provide a 95 percent level of confidence that no more than 5 percent or 50 of the residential dwellings (whichever is smaller) in the randomly sampled population exceed the appropriate clearance levels specified in Section V.J.1.g. of this Regulation Number 19, Part A; andV.J.2.c. the randomly selected pre-1978 residential dwellings are sampled and evaluated for clearance according to the procedures found in Section V.J.1. of this Regulation Number 19, Part A.V.J.3. An abatement report must be prepared by a certified supervisor or project designer. The abatement report must be completed within ninety days following the successful clearance of the project and include the following information: V.J.3.a. start and completion dates of abatement;V.J.3.b. the name and address of each certified LAF conducting the abatement and the name of each supervisor assigned to the abatement project;V.J.3.c. the occupant protection plan prepared pursuant to Section V.A.6. (Occupant Protection Plan) of this Regulation Number 19, Part A;V.J.3.d. the name and address of each certified LEF and the name, address and signature of each certified risk assessor or inspector conducting clearance sampling and the date of clearance testing;V.J.3.e. the results of clearance testing and all soil analyses (if applicable) and the name of each recognized laboratory that conducted the analyses; andV.J.3.f. a detailed written description of the abatement, including abatement methods used, locations of rooms and/or components where abatement occurred, reason for selecting particular abatement methods for each component, any suggested monitoring of encapsulants or enclosure, and any suggested post-abatement maintenance and cleaning methods.V.J.4. Collection and laboratory analysis of samples. Any dust or soil samples collected pursuant to this Section V.J. (Final Clearance) of this Regulation Number 19, Part A must be:V.J.4.a. collected by persons certified by the Division as an inspector or risk assessor working for a LEF; andV.J.4.b. analyzed by a recognized laboratory.V.J.5. Composite dust sampling. Composite dust sampling may only be conducted in the situations specified in this Section V.J. (Final Clearance) of this Regulation Number 19, Part A. If such sampling is conducted, the following conditions must apply: V.J.5.a. composite dust samples must consist of at least two subsamples, but no more than four subsamples;V.J.5.b. every component that is being tested must be included in the sampling; andV.J.5.c. composite dust samples must not consist of subsamples from more than one type of component.V.K. Waste Handling Each person handling any lead-contaminated waste must comply with the following requirements:
V.K.1. wrap and seal lead-contaminated waste in at least 6-mil thick polyethylene sheeting prior to removing the waste from the containment or abatement work area;V.K.2. store the waste in a covered container within a designated secure (locked) area, if not transported immediately off-site;V.K.3. do not cut or break painted materials or perform any action that is likely to generate leaded dust;V.K.4. comply with all local, State and Federal waste handling and disposal requirements; andV.K.5. discharge no visible emissions during any handling of lead-contaminated waste outside the work area.V.L. Recordkeeping All reports or plans required in this Section V. (Abatement Requirements) of this Regulation Number 19, Part A, must be retained for no fewer than 3 years by the certified firm or individual who prepared the report. The certified firm or individual also must provide copies of these reports to the building owner who contracted for its services. Additionally, these records, if requested, must be made available to the Division to demonstrate compliance with this Section V.L.
V.M. Alternative Procedures and Variances The Division may, at its discretion, grant a variance from the requirements in this Section V. (Abatement Requirements) of this Regulation Number 19, Part A, allowing use of an alternative procedure for the clearance of abatement projects or the control of emissions from a lead abatement project provided that the person conducting the abatement 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 provide equivalent control of lead.
Within forty-five (45) days of the receipt of the request the Division will notify the applicant in writing of its decision to either grant or deny the variance. If the variance is denied, the Division will provide a reason for the denial to the applicant. No person may begin abatement using such a procedure until a variance has been requested and approved in writing. Any violation of any condition of the variance will be considered a violation of this Regulation.
44 CR 24, December 25, 2021, effective 1/14/2022