11 Miss. Code. R. § 2-9.5 Work Practice Standards For Conducting Lead-Based Paint Activities

• Library: Mississippi Administrative Code
• Edition: 2023
• Currency: Current through January 9, 2024
• Citation: 11 Miss. Code. R. § 2-9.5
• Year: 2023

A. Effective Date, Applicability, and Terms.

(1) Beginning on the date of adoption all lead-based paint abatement and renovation activities shall be performed pursuant to the work practice standards contained in this rule.

(2) When performing any lead-based paint activity described by the certified individual as an inspection, lead-hazard screen, risk assessment, renovation, or abatement, a certified individual must perform that activity in compliance with the appropriate requirements below.

(3) Documented methodologies that are appropriate for this rule are found in the following: The U.S. Department of Housing and Urban Development (HUD) Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing; the EPA Guidance on Residential Lead-Based Paint, Lead-Contaminated Dust, Lead-Contaminated Soil; the EPA Residential Sampling for Lead: Protocols for Dust and Soil Sampling (EPA report number 7474-R-95-001); 40 CFR Part 745 Lead; Requirements for Lead-Based Paint activities in Target Housing and Child-occupied Facilities: Final Rule (Federal Register, Volume 61, Number 169 Thursday, August 29, 1996); EPA Lead; Renovation, Repair, and Painting Program Final Rule (Federal Register, Volume 73, Number 78, April 22, 2008); and other equivalent methods and guidelines.

(4) Clearance levels appropriate for the purposes of this rule may be found in the EPA January 2001 rules ( 40 CFR 745 Identification of Dangerous Levels of Lead, Final Rule) at 745.227(e)(8)(viii).

B. Inspection.

(1) An inspection shall be conducted only by a person certified by the Commission as an inspector or risk assessor and, if conducted, must be conducted according to the procedures in this paragraph.

(2) When conducting an inspection, the following locations shall be selected according to documented methodologies and tested for the presence of lead-based paint:(a) In a residential dwelling and child-occupied facility, each component with a distinct painting history and each exterior component with a distinct painting history shall 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 (b) In a multi-family dwelling or child-occupied facility, each component with a distinct painting history in every common area, except those components that the inspector or risk assessor determines to have been replaced after 1978, or to not contain lead-based paint.

(3) Paint shall be sampled in the following manner (a) The analysis of paint to determine the presence of lead shall be conducted using documented methodologies which incorporate adequate quality control procedures; and/or (b) All collected paint chip samples shall be analyzed according to paragraph G. of this rule to determine if they contain detectable levels of lead that can be quantified numerically.

(4) The certified inspector or risk assessor shall prepare an inspection report which shall include the following information:(a) Date of each inspection. (b) Address of building. (c) Date of construction. (d) Apartment numbers (if applicable). (e) Name, address, and telephone number of the owner or owners of each residential dwelling or child-occupied facility. (f) Name, signature, and certification number of each certified inspector and/or risk assessor conducting testing. (g) Name, address, and telephone number of the certified firm employing each inspector and/or risk assessor, if applicable. (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 an x-ray fluorescence (XRF) device. (i) Specific locations of each painted component tested for the presence of lead-based paint. (j) The results of the inspection expressed in terms appropriate to the sampling method used.

C. Lead Hazard Screen.

(1) A lead hazard screen shall be conducted only by a person certified by the Commission as a risk assessor.

(2) If conducted, a lead hazard screen shall be conducted as follows: (a) 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 one or more children age 6 years and under shall be collected. (b) A visual inspection of the residential dwelling or child-occupied facility shall be conducted to: (1) Determine if any deteriorated paint is present, and (2) Locate at least two dust sampling locations. (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, shall be tested for the presence of lead. (d) In residential dwellings, two composite dust samples shall be collected, one from the floors and the other from the windows, in rooms, hallways, or stairwells where one or more children, age 6 or under, are most likely to come in contact with dust. (e) In multi-family dwellings and child-occupied facilities, in addition to the floor and window samples required in paragraph C.(2)(d) of this Rule, the risk assessor shall also collect composite dust samples from common areas where one or more children, age 6 and under, are most likely to come into contact with dust.

(3) Dust samples shall be collected and analyzed in the following manner:(a) All dust samples shall be taken using documented methodologies that incorporate adequate quality control procedures. (b) All collected dust samples shall be analyzed according to paragraph G. of this rule to determine if they contain detectable levels of lead that can be quantified numerically.

(4) Paint shall be sampled in the following manner:(a) The analysis of paint to determine the presence of lead shall be conducted using documented methodologies which incorporate adequate quality control procedures; and/or (b) All collected paint chip samples shall be analyzed according to paragraph G. of this Rule to determine if they contain detectable levels of lead that can be quantified numerically.

(5) The risk assessor shall prepare a lead hazard screen report, which shall include the following information: (a) The information required in a risk assessment report as specified in paragraph D. of this rule, including paragraphs D.(11)(a) through D.(11)(n), and excluding paragraphs D.(11)(o) through D.(11)(r) of this rule. Additionally, any background information collected pursuant to paragraph C.(2)(a) of this rule shall be included in the risk assessment report; and (b) Recommendations, if warranted, for a follow-up risk assessment, and as appropriate, any further actions.

D. Risk Assessment.

(1) A risk assessment shall be conducted only by a person certified by the Commission as a risk assessor and, if conducted, must be conducted according to the procedures in this paragraph.

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

(3) 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 one or more children age 6 years and under shall be collected.

(4) Each surface with deteriorated paint, which is determined, using documented methodologies, to be in poor condition and to have a distinct painting history, shall be tested for the presence of lead. Each other surface determined, using documented methodologies, to be a potential lead-based paint hazard and having a distinct painting history, shall also be tested for the presence of lead.

(5) In residential dwellings, dust samples (either composite or single-surface samples) from the window and floor shall be collected in all living areas where one or more children, age 6 and under, are most likely to come into contact with dust.

(6) For multi-family dwelling and child-occupied facilities, the samples required in paragraph D.(4) of this rule shall be taken. In addition, window and floor dust samples (either composite or single-surface samples) shall be collected in the following locations: (a) Common areas adjacent to the sampled residential dwelling or child-occupied facility; and (b) Other common areas in the building where the risk assessor determines that one or more children, age 6 or under, are likely to come into contact with dust.

(7) For child-occupied facilities, window 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 age 6 and under, and in other common areas in the child-occupied facility where the risk assessor determines one or more children, age 6 or under, are...