007.40.2-VIII. Work Practice Standards for Lead -- Based Paint Activities Conducted in Target H...
AR ADC 007.40.2-VIIIArkansas Administrative CodeEffective: September 27, 2021
Effective: September 27, 2021
Ark. Admin. Code 007.40.2-VIII
Formerly cited as AR ADC 007.04.11-VIII
007.40.2-VIII. Work Practice Standards for Lead -- Based Paint Activities Conducted in Target Housing or Child -- Occupied Facilities
All lead -- based paint activities performed on target housing or child-occupied facilities must comply with the following work practice standards.
(i) In a target house 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
(viii) Each testing method and device and/or sampling procedure employed for paint analysis, including quality control data and, if used, the serial number of any x-ray fluorescence (XRF) device and the name and certification number of the individual operating the XRF, and the name and license number of the contractor or consultant employing the individual;
(E) In multifamily dwellings and child -- occupied facilities, in addition to the floor and window samples required in § VIII(c)(2)(D) above, the risk assessor shall also collect composite dust samples from common areas where one or more children, age six and younger, are most likely to come into contact with dust.
(H) For child -- occupied facilities, interior window sill 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 six years and younger, and in other common areas in the child -- occupied facility where the risk assessor determines one or more children, age six years and younger, are likely to come into contact with dust.
(xviii) A description of interim controls and/or abatement options for each identified lead -- based paint hazard and a suggested prioritization for addressing each hazard. If the use of an encapsulant or enclosure is recommended, the report shall recommend a maintenance and monitoring schedule for the encapsulant or enclosure.
If conducted, abatements may only be performed on target housing or child-occupied facilities by an individual who is:
(3) A certified supervisor is required for each abatement project and shall be on site during all work site preparation, abatement, and during the post -- abatement cleanup of work areas. On site means at the physical location where the site preparation, abatement, and post-abatement activities are conducted at the time the lead -- based paint activities are conducted.
(4) The certified supervisor and the contractor or consultant or if the supervisor is an in-house employee, the building owner employing that supervisor shall ensure that all abatement activities are conducted according to the requirements of this rule and all other Federal and state environmental statutes and rules.
(5) Notification of the commencement of lead -- based paint abatement activities in target housing or child -- occupied facility or as a result of a Federal, state, or local order shall be given to the Department prior to the commencement of abatement activities as required in § VII(a) through § VII(e).
(A) The occupant protection plan shall be unique to each target house or child -- occupied facility and be developed prior to the abatement. The occupant protection plan shall 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.
(C) If hydro blasting or high-pressure water is used for abatement, the building owner or the licensed lead -- based paint contractor or consultant conducting the abatement must collect and containerize the water, send a copy of a waste shipment report to the Lead -- Based Paint Program of the Department, and transport it to a permitted wastewater treatment facility for disposal. The permitted wastewater treatment facility must then provide a copy of a waste shipment manifest to the Lead -- based Paint Section of the Department within thirty days of the disposal. The building owner or the licensed lead -- based paint contractor or consultant may submit an alternative method for collecting and containerizing the lead contaminated water to a permitted wastewater treatment facility to the Director for his or her written approval. The Director shall issue a decision within 90 days of submission. The decision of the Director is appealable.
(A) Following an abatement, a visual inspection shall be performed to determine if deteriorated painted surfaces and/or visible amounts of dust, debris or residue are still present. 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.
(i) After conducting an abatement with containment between abated and unabated areas, one dust sample shall be taken from one interior window sill and from one window trough (if present) and one dust sample shall be taken from the floor of no fewer than four rooms, hallways or stairwells within the containment area. In addition, one dust sample shall be taken from the floor outside the containment area. If there are fewer than four rooms, hallways or stairwells within the containment area, then all rooms, hallways or stairwells shall be sampled.
(ii) After conducting an abatement with no containment, two dust samples shall be taken from no fewer than 4 four rooms, hallways or stairwells in the target housing or child -- occupied facility. One dust sample shall be taken from one interior window sill and window trough (if present) and one dust sample shall be taken from the floor of each room, hallway or stairwell selected. If there are fewer than four rooms, hallways or stairwells within the target house or child -- occupied facility then all rooms, hallways or stairwells shall be sampled.
(iii) Following an exterior paint abatement, a visible inspection shall be conducted. All horizontal surfaces in the outdoor living area closest to the abated surface shall be found to be cleaned of visible dust and debris. In addition, a visual inspection shall be conducted to determine the presence of paint chips on the dripline or next to the foundation below any exterior surface abated. If paint chips are present, they must be removed from the site and properly disposed of, according to all applicable Federal, state and local environmental requirements.
(G) The certified inspector or risk assessor shall compare the residual lead level (as determined by the laboratory analysis) from each single surface dust sample with clearance levels in § VIII(e)(9)(H) for lead in dust on floors and interior window sills, and window troughs or from each composite dust sample with the applicable clearance levels for lead in dust on floors, interior window sills, and window troughs divided by half the number of subsamples in the composite sample. If the residual lead level in a single surface dust sample equals or exceeds the applicable clearance level 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, the components represented by the failed sample shall be recleaned and retested.
Composite dust sampling may only be conducted in the situations specified in lead-hazard screens, risk assessments, and abatements as set forth in § VIII(c), § VIII(d), and § VIII(e). If such sampling is conducted, the following conditions shall apply:
All reports or plans required in this Chapter shall be maintained by the licensed firm or certified individual who prepared the report for no fewer than three years. The licensed firm or certified individual also shall provide copies of these reports to the building owner who contracted for its services.
Credits
Adopted Dec. 11, 2020; Sept. 27, 2021.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 007.40.2-VIII, AR ADC 007.40.2-VIII
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