Section 325.99404. Risk assessment.

(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 1or 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:

(a)   Table of contents.

(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.

(c)   ) Date of assessment.

(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.

History: 2005 AACS; 2007 AACS.