Section R. 325.99404 - Risk assessmentRule 404.
(1) Only a person certified by the department as a risk assessor shall conduct a risk assessment. A risk assessor shall conduct the risk assessment according to this rule.(2) The risk assessor shall make a visual inspection for risk assessment of a residential dwelling or child-occupied facility to locate the existence of lead-based paint hazards and assess the extent and causes of the hazards.(3) The risk assessor shall collect background information regarding the physical characteristics of the residential dwelling or child-occupied facility and occupant use patterns that may cause lead-based paint exposure to 1 or more children age 6 years and under.(4) The risk assessor shall test, using documented methodologies, each surface that has deteriorated paint for the presence of lead if the surface is determined to be in poor condition and to have a distinct painting history. A risk assessor shall also test, using documented methodologies, any additional surface for the presence of lead if the surface is determined to be a potential lead-based paint hazard and to have a distinct painting history.(5) In residential dwellings, the risk assessor shall collect the following dust samples in not less than 6 representative rooms, hallways, stairwells, or room equivalents:(a) One dust sample from the floor of each selected room, hallway, or stairwell.(b) One dust sample from a window sill or trough, if available, in each selected room, hallway or stairwell. Dust samples from windows shall be collected by alternating the sill and trough in each room to the extent possible.(c) If there are less than 6 rooms, hallways, stairwells, or room equivalents in the dwelling, then the risk assessor shall sample all rooms, hallways, and stairwells.(6) For multifamily dwellings and child-occupied facilities, the risk assessor shall collect the dust samples required in subrule (5) of this rule in each selected unit. In addition, a risk assessor shall collect window and floor dust samples in the following locations:(a) Common areas adjacent to the sampled residential dwelling or child-occupied facility.(b) Other common areas in the building where the risk assessor determines that 1 or more children, age 6 and under, could reasonably be expected to come into contact with dust, regardless of the current occupancy by children in the dwelling.(7) For child-occupied facilities, the risk assessor shall collect 1 dust sample from the window sill or trough and 1 dust sample from the floor in each room, hallway, or stairwell utilized, to the extent defined by a child-occupied facility, by 1 or more children, age 6 and under; and in other common areas in the child-occupied facility where the risk assessor determines that 1 or more children, age 6 and under, could reasonably be expected to come into contact with dust to the extent defined by a child-occupied facility.(8) The risk assessor shall collect soil samples and have the samples analyzed for lead concentrations in the all of following locations: (a) Exterior play areas where bare soil is present.(b) Dripline/foundation areas where bare soil is present(c) Yard locations in addition to those described in subdivisions (a) and (b) of this subrule where the area of bare soil exceeds 9 square feet.(9) The risk assessor shall compare the lead levels from each sample, as determined by the approved analysis, with applicable hazard levels for lead in paint, dust and soil established in these rules. The risk assessor shall determine a lead hazard for the area represented by each sample which exceeds the hazard levels.(10) The certified risk assessor shall prepare a risk assessment report which shall include all of the following information:(b) A plain-language conclusions section designed to provide the reader with easy identification of all lead hazards shall be positioned prominently near the front of the report. Results included in the conclusions section shall not be used to satisfy requirements for presentation of results described elsewhere in this rule. The conclusions section shall contain all of the following information in tabular format: (i) Results of any environmental sampling that denotes a lead hazard, grouped by sample methodology.(ii) Applicable comparison standards.(iii) Units of measurement.(iv) A stand-alone description of each sampling location and component.(d) Address of each building.(e) Date of construction of buildings.(f) Apartment number, if applicable.(g) Name, address, and telephone number of each owner of each building.(h) Name, signature, and certification identification of the certified risk assessor conducting the assessment.(i) Name, address, and telephone number of the certified person employing each certified risk assessor, if applicable.(j) Name, address, and telephone number of each recognized laboratory conducting analyses of collected samples.(k) Results of the visual inspection.(l) Testing method and sampling procedure for the paint analysis employed.(m) Specific location of each painted component tested for the presence of lead.(n) All data collected from on-site testing, including quality control data, and, if used, the serial number of any X-ray fluorescence device.(o) All results of approved analysis on collected paint, soil, and dust samples.(p) Any other sampling results.(q) Any background information collected under subrule (3) of this rule.(r) 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.(s) A description of the location, type, and severity of identified lead-based paint hazards, and any other potential lead hazards.(t) A description of lead hazard control options for each identified lead hazard or potential hazard, and a suggested prioritization for addressing each hazard. If the use of an encapsulant or enclosure is recommended, then the report shall recommend a maintenance and monitoring schedule for the encapsulant or enclosure.(11) A person shall provide a written disclosure to a client of any affiliation between the person who conducts the inspection, risk assessment, or any part thereof, and the person or persons who conduct the abatement of the same property.Mich. Admin. Code R. 325.99404