Section R. 325.99407 - Clearance proceduresRule 407.
(1) A clearance examination shall be performed in target housing and child-occupied facilities following all lead hazard control activities.(2) Only a certified inspector or risk assessor shall perform clearance procedures following abatement.(3) A certified clearance professional who is completely independent of the lead hazard control firm shall conduct clearance procedures following any lead hazard control activity according to the following procedures:(a) Conduct a visual inspection for clearance testing to determine if deteriorated painted surfaces described in the scope of hazard control work, or visible amounts of dust, debris, or residue are still present. If deteriorated painted surfaces described in the scope of hazard control work, or visible amounts of dust, debris, or residue are present, then the person conducting the lead hazard control activity shall eliminate the conditions before continuing the clearance procedures.(b) After the visual inspection and any post-project cleanup required by subdivision (a) of this subrule, an independent clearance professional shall conduct clearance dust-lead sampling. Clearance sampling shall be conducted as appropriate based upon the extent or manner of lead hazard controls conducted in or to the residential dwelling or child-occupied facility. All of the following provisions apply to lead hazard control clearance sampling: (i) After conducting lead hazard control activities using containment of work areas, the clearance professional shall take 1 dust sample from 1 window, if available, and 1 dust sample from the floor of not less than 4 rooms, hallways, stairwells, or room equivalents within the containment area. Dust samples from windows shall be collected by alternating the sill and trough in each room, to the extent possible. In addition, the clearance professional shall take 1 dust sample from the floor outside the containment area. If there are less than 4 rooms, hallways, stairwells, or room equivalents within the containment area, then the clearance professional shall sample all rooms, hallways, and stairwells.(ii) After conducting hazard control activities with no containment, the clearance professional shall take 1 dust sample from 1 window, if available, and 1 dust sample from the floor of not less than 4 rooms, hallways, stairwells, or room equivalents in the residential dwelling or child-occupied facility, to include sleeping areas of 1 or more children, 6 years of age or less. Dust samples from windows shall be collected by alternating the sill and trough in each room, to the extent possible. If there are less than 4 rooms, hallways, stairwells, or room equivalents within the residential dwelling or child-occupied facility, then the clearance professional shall sample all rooms, hallways, and stairwells.(iii) The clearance professional shall take dust samples for clearance purposes using documented methodologies that incorporate adequate quality control procedures.(iv) The clearance professional shall take dust samples for clearance purposes not less than 1 hour after completion of final lead hazard control cleanup activities.(c) The clearance professional shall select the rooms, hallways, stairwells, or room equivalents for sampling according to documented methodologies, as is defined in rule 325.99401(2).(d) The certified clearance professional shall compare the residual lead level, as determined by appropriate analysis, from each dust sample with applicable clearance levels for lead in dust. If the residual lead levels in a dust sample exceed the clearance levels, then the person conducting the lead hazard control activity shall reclean, and the clearance professional shall retest all the components represented by the failed sample until clearance levels are met.(4) For multifamily dwellings and child-occupied facilities, the clearance professional shall collect the dust samples required in subrule (3) of this rule in each selected unit. In a multifamily dwelling that has more than 4 similarly constructed and maintained residential dwelling units, a certified inspector or risk assessor may conduct random sampling, in accordance with documented methodologies, for the purpose of clearance sampling, only if all of the following provisions are satisfied: (a) The certified individuals who abate or clean the residential dwelling units do not know which residential dwelling will be selected for the random samples.(b) A sufficient number of residential dwelling units are selected for dust sampling to provide a 95% level of confidence that not more than 5% or 50 of the residential dwelling units, whichever is smaller, in the randomly sampled population exceed the appropriate clearance levels.(c) The randomly selected residential dwelling units are sampled and evaluated for clearance according to the procedures in this subrule.(d) The similarly constructed and maintained residential dwelling units from which the sampled units are to be selected may not be re-occupied at any time following the completion of the hazard control activities until the successful completion of clearance procedures.(5) For clearance sampling in multi-family dwellings and child-occupied facilities, a risk assessor or inspector shall also 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.(6) Following an exterior lead hazard control activity, the certified clearance professional shall conduct a visual inspection of all horizontal surfaces in the outdoor living area closest to the surfaces disturbed by the lead hazard control activities to ensure that visible dust and debris have been removed. The certified clearance professional shall also conduct a visual inspection to determine the presence of paint chips on the dripline or next to the foundation below any exterior abated surface. If visible dust, debris, or paint chips are present, then the person conducting the lead hazard control activity shall remove the visible dust, debris, or paint chips from the site and properly dispose of them according to all applicable federal, state, and local requirements.(7) A certified clearance technician shall not perform any of the following clearance procedures: (a) Clearance testing following abatement activities.(b) Clearance testing in multi family dwellings which are comprised of more than 4 units.(c) Sampling described in subrule (4) of this rule using random selection of units.(8) Following clearance testing of lead hazard control activities, the clearance professional shall prepare a clearance report. The clearance report shall include all of the following information: (a) Address of the unit or units where lead hazard control activities were performed.(b) The name, address, and phone number of the persons performing the lead hazard control activity.(c) Start and completion dates of the project.(d) The name, address, and signature of each certified clearance professional conducting clearance sampling and the date of clearance testing.(e) The results of clearance testing and the name of each recognized laboratory that conducted the analyses, where applicable.Mich. Admin. Code R. 325.99407