216 R.I. Code R. 216-RICR-50-15-5.7

Current through December 26, 2024

Section 216-RICR-50-15-5.7 - Environmental Lead Testing Methods

5.7.1 Approved Testing Methods

A. A Lead Inspector, Lead Assessor, or Lead Renovator is trained and licensed or certified to use one (1) or more of the following testing methods for lead in paint, dust, soil, and/or water:

1. EPA-recognized lead test kit for positive or inconclusive results by a Lead Inspector or Lead Assessor;

2. EPA-recognized lead test kit for applicability of the RRP Rule used by a Lead Renovator;

3. X-Ray Fluorescence (XRF) Analyzer for on-site paint testing by a Lead Inspector or supervised Lead Inspector-in-Training;

4. XRF analysis of dust wipe or soil samples by a person who is ELPAT- accredited as being proficient for lead analysis during the period the dust wipe or soil sample analysis, as applicable, is performed;

5. Paint chip, dust wipe, soil, or drinking water sampling for analysis by a laboratory certified pursuant to § 11.9 of this Subchapter; and/or

6. Any other method approved in writing by the Department.

Approved Lead Testing Methods
Paint	Dust	Soil	Water
EPA recognized Lead Test Kit	Lead Assessor Lead Inspector Supervised Lead Inspector-in-Training Certified Lead Renovator	Not Applicable	Not Applicable	Not Applicable
XRF Analyzer	Lead Inspector Supervised Lead Inspector-in-Training	ELPAT- accredited person	ELPAT-accredited person	Not Applicable
Lead Sampling for Laboratory Analysis	Lead Assessor Lead Inspector Supervised Lead Inspector-in-Training Certified Lead Renovator	Lead Assessor Lead Inspector Supervised Lead Inspector-in Training	Lead Assessor Lead Inspector Supervised Lead Inspector-in Training	Lead Assessor Lead Inspector Supervised Lead Inspector-in Training

5.7.2Paint

A. General Requirements

1. The construction date of the subject building, dwelling, and/or accessory structure(s) must be determined:

a. For the purposes of this Part, all painted surfaces constructed after January 1, 1978 (post-1978) are assumed to be below the lead-safe thresholds in § 5.8 of this Part, unless proven otherwise; testing is not required.

b. For the purposes of this Part, all painted surfaces constructed before January 1, 1978 (pre-1978) must be assumed to exceed the lead-safe threshold in § 5.8 of this Part, unless proven otherwise; testing is required to determine if the lead concentration is below the lead-safe thresholds in § 5.8 of this Part.

2. Only a Lead Inspector or Lead Assessor may group together building components which have the same painting histories into a single representative test in one (1) building, dwelling, dwelling unit, common area, or accessory structure, as applicable.

a. Painted fixtures which are physically attached to the premises must be included.

3. A Lead Renovator shall test each component that will be disturbed by renovation, repair, and painting (RRP) activities, either by using a lead test kit or by collecting a paint chip sample for laboratory analysis.

(1) Painted fixtures which are physically attached to the premises must be included.

4. For the purposes of this Part, a surface coating is lead-based paint if a single testing method is positive for lead when multiple testing methods are used (i.e. lead test kit, XRF Analyzer, or laboratory analysis of a paint chip sample).

B. Lead Test Kits

1. EPA-recognized lead test kits may be used by a certified Lead Renovator in accordance with the manufacturer's instructions to confirm the presence of lead-based paint, either to show that damaged paint is a lead hazard or to show whether the Renovation, Repair, and Painting (RRP) Rule applies to the tested surface.

a. EPA-recognized lead test kits may be used by a Lead Inspector or Lead Assessor to confirm the presence of lead-based paint to show that damaged paint is a lead hazard. A Lead Inspector or Lead Assessor shall not damage intact paint to use a lead test kit.

2. Test kits may not be used to determine lead-safe status, to determine eligibility for exemption from the Lead Disclosure Rule or the Lead Safe Housing Rule, or to serve as the basis for a Full Lead-Safe Certificate (Form PBLC-21).

C. Paint Chip Sampling

1. A Lead Inspector or Lead Assessor shall collect paint chip samples for laboratory analysis by collecting a minimum of one (1) sample from each testing combination that is the minimum weight or area required by the analyzing laboratory.

2. A Lead Renovator shall collect paint chip samples by collecting a sample that is the minimum weight or area required by the analyzing laboratory from each building component that will be affected by renovation, repair, and painting (RRP) activities.

3. Paint samples must be removed in a manner that minimizes the possibility of creating lead-contaminated dust or debris and immediately cleaning any dust or debris, if generated, and repairing the surface from which the paint sample was collected, if necessary.

4. Alternatively, paint chip samples may be collected pursuant to the EPA RRP Program Paint Chip Sample Collection Guide and reported as milligrams per square centimeter (mg/cm²).

D. XRF Testing

1. A Lead Inspector or supervised Lead Inspector-in-Training shall successfully complete radiation safety training approved by the Department before operating or transporting an XRF Analyzer in Rhode Island.

2. A Lead Inspector or supervised Lead Inspector-in-Training shall use an XRF Analyzer for on-site measurements of painted surfaces in accordance with the most current EPA/HUD XRF Performance Characteristic Sheet (PCS) for that instrument.

3. A Lead Inspector or supervised Lead Inspector-in-Training shall operate an XRF under a currently valid specific or general radioactive materials license for the XRF instrument used, in accordance with the Department's Rules and Regulations for the Licensing of Radioactive Material (Part 40 20-7 of this Title).

4. A Lead Inspector or supervised Lead Inspector-in-Training, using an XRF instrument in Rhode Island with a radioactive materials license issued by another jurisdiction, shall follow the reciprocity provisions of the Department's Rules and Regulations for the Licensing of Radioactive Material (Part 40-20-7 of this Title).

5. The manufacturer, model number, and serial number of the XRF Analyzer and results of all calibration verification checks for a lead inspection must be recorded in the lead inspection report.

5.7.3Dust

A. General Requirements

1. Dust wipe samples must represent a "worst case" situation and, for floors, the samples must be collected from areas nearest entries, in high traffic areas, under windows, and in areas frequently used by children.

2. For clearance inspections, dust wipe samples must be collected in work areas, adjacent to work areas, as well as pathways used to access work areas and pathways used to remove waste.

3. Additional sampling may be conducted pursuant to the current HUD Guidelines for the Evaluation and Control of Lead Based Paint Hazards in Housing.

B. Dust Wipe Sampling

1. A Lead Inspector or Lead Assessor shall collect single surface dust wipe samples in accordance with:

a. The current HUD Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing Appendix 13.1 Wipe Sampling of Settled Dust for Lead Determination and the sampling material requirements of the analyzing laboratory; or

b. Active Standards ASTM E1728/E1728M Standard Practice for Collection of Settled Dust Samples Using Wipe Sampling Methods for Subsequent Lead Determination and ASTM E1792 Standard Specification for Wipe Sampling Materials for Lead in Surface Dust.

C. Field Blank

1. Every day for each building, the Lead Inspector or Lead Assessor shall prepare one (1) field blank prior to leaving the building where dust wipe samples are collected.

2. The purpose of the field blank is to identify errors or contamination in supplies, sample collection, or analysis. If the field blank result is not below the reporting limit of the analyzing laboratory, then all dust wipe sample results from the subject building are considered invalid, for the purposes of this Part, and must be repeated in their entirety.

5.7.4Soil

A. For each soil sample, the Lead Inspector or Lead Assessor shall collect the soil samples from the top half inch (0.5") of soil using a clean spade, auger, centrifuge tube, or by hand while wearing a new, clean pair of powderless disposable gloves.

1. A soil sample may be an individual ("grab") sample or a composite sample.

2. A composite sample must incorporate equal amounts of subsamples which are representative of the sampling area.

5.7.5Water

A. General Requirements

1. A Lead Inspector or Lead Assessor shall:

a. Ensure that no water has been used for at least six (6) hours for a first-draw sample; or

b. The exact flushing time must be recorded in the inspection report for a flushed sample; and

c. Indicate in the inspection report whether flushing is required to meet the lead-safe standard in § 5.8.5 of this Part.

B. Residential Water Sampling

1. A Lead Inspector or Lead Assessor shall:

a. Sample the tap which is most frequently used if there are multiple taps in the inspection area; and

b. Sample the water directly from the tap if a faucet- mounted water filter is present.

C. Non-Residential Water Sampling

Water sampling in schools should be conducted in accordance with the EPA 3Ts for Reducing Lead in Drinking Water in Schools or the most current EPA non-residential water sampling protocol.

216 R.I. Code R. 216-RICR-50-15-5.7

Adopted effective 1/3/2022