Administrative Code

Virginia Administrative Code
9/26/2021

Part VIII. Standards for Conducting Lead-Based Paint Activities

18VAC15-30-510. General requirements.

A. This part establishes work practice standards for conducting lead-based paint activities in target housing and child-occupied facilities.

B. Notification shall be sent by the licensed lead abatement contractor to the Virginia Department of Labor and Industry prior to the commencement of any lead-based paint abatement activities. The notification shall be sent in a manner prescribed by the Virginia Department of Labor and Industry.

C. No licensed lead abatement contractor shall enter into a contract to perform a lead abatement project if the lead inspection or project design is to be performed by individuals with an employer/employee relationship with, or financial interest in, the lead abatement contractor unless the contractor provides the building owner with a "Virginia Lead Consumer Information and Disclosure Sheet," which is available from the board. Persons licensed to perform post-abatement clearance procedures shall be independent of and have no financial interest in or an employer/employee relationship with the licensed lead abatement contractor.

D. The relationships described in subsection C of this section must be disclosed and the disclosure form must be signed and dated by the building owner, or his agent, and the contracting entity prior to the signing of any contract to conduct lead-based paint activities. The contractor must provide the disclosure form to all parties involved in the lead abatement project. The disclosure form shall be kept on the lead abatement project site and available for review.

E. When performing a lead-based paint inspection, lead-hazard screen, risk assessment or abatement, a licensed individual must perform that activity in compliance with documented methodologies. Documented methodologies that are appropriate for this chapter include the following:

1. U.S. Department of Housing and Urban Development (HUD) Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing, June 1995 edition, including the 1997 Revision to Chapter 7: Lead-Based Paint Inspection.

2. 40 CFR Part 745, Subpart D.

3. EPA Guidance on Residential Lead-Based Paint, Lead-Contaminated Dust and Lead-Contaminated Soil (60 FR 47248-47257).

4. EPA Residential Sampling for Lead: Protocols for Dust and Soil Sampling, Final Report (EPA 747-R-95-001, March 1995).

5. Any future EPA or HUD guidance that may replace the above methodologies.

6. Regulations, guidance, methods or protocols authorized by the board.

F. Individuals conducting lead-based paint activities shall comply with the work practice standards enumerated in this chapter.

G. Any lead-based paint activities, as described in this chapter, shall be performed only by individuals licensed by the board to perform such activities.

H. All reports and plans required by 18VAC15-30-520 through 18VAC15-30-651 shall be maintained by the licensed firm or individual who prepared the report for at least three years. The licensed firm or individual also shall provide copies of these reports to the building owner or person who contracted for its services.

Statutory Authority

§§ 54.1-201 and 54.1-501 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003; Volume 23, Issue 3, eff. December 1, 2006.

18VAC15-30-511. Determination of the presence of lead-based paint, a paint-lead hazard, a dust-lead hazard, and a soil-lead hazard.

A. Lead-based paint is present:

1. On any surface that is tested and found to contain lead equal to or in excess of 1.0 milligrams per square centimeter or equal to or in excess of 0.5% by weight; and

2. On any surface like a surface tested in the same room equivalent that has a similar painting history and that is found to be lead-based paint.

B. A paint-lead hazard is present:

1. On any friction surface that is subject to abrasion and where the lead dust levels on the nearest horizontal surface underneath the friction surface (e.g., the window sill or floor) are equal to or greater than the dust hazard levels identified by EPA, pursuant to 15 USC § 2683;

2. On any chewable lead-based paint surface on which there is evidence of teeth marks;

3. Where there is any damaged or otherwise deteriorated lead-based paint on an impact surface that is caused by impact from a related building component (such as a door knob that knocks into a wall or a door that knocks against its door frame); and

4. If there is any other deteriorated lead-based paint in any residential building or child-occupied facility or on the exterior of any residential building or child-occupied facility.

C. A dust-lead hazard is present in a residential dwelling or child-occupied facility:

1. In a residential dwelling on floors and interior window sills when the weighted arithmetic mean lead loading for all single surface or composite samples of floors and interior window sills are equal to or greater than identified by EPA, pursuant to 15 USC § 2683 for floors and interior window sills;

2. On floors or interior window sills in an unsampled residential dwelling in a multi-family dwelling, if a dust-lead hazard is present on floors or interior window sills, respectively, in at least one sampled residential unit on the property; and

3. On floors or interior window sills in an unsampled common area in a multi-family dwelling, if a dust-lead hazard is present on floors or interior window sills, respectively, in at least one sampled common area in the same common area group on the property.

D. A soil-lead hazard is present:

1. In a play area when the soil-lead concentration from a composite play area sample of bare soil is equal to or greater than identified by EPA pursuant to 15 USC § 2683; or

2. In the rest of the yard when the arithmetic mean lead concentration from a composite sample (or arithmetic mean of composite samples) of bare soil from the rest of the yard (i.e., nonplay areas) for each residential building on a property is equal to or greater than identified by EPA pursuant to 15 USC § 2683.

Statutory Authority

§ 54.1-501 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 24, eff. October 1, 2003; Errata 19:26 VA.R. 2926 September 8, 2003.

18VAC15-30-520. Inspections.

A. Inspections shall be conducted only by persons licensed by the board as an inspector or risk assessor.

B. When conducting an inspection, the following locations shall be selected according to documented methodologies and tested for the presence of lead-based paint:

1. In a residential dwelling or child-occupied facility, each testing combination with a distinct painting history and each exterior testing combination with a distinct painting history shall be tested for lead-based paint, except those testing combinations that the inspector or risk assessor determines to have been replaced after 1978, or do not contain lead-based paint.

2. In a multi-family dwelling or child-occupied facility, each testing combination with a distinct painting history in every common area, except those testing combinations that the inspector or risk assessor determines to have been replaced after 1978, or do not contain lead-based paint.

C. Paint shall be sampled in the following manner:

1. The analysis of paint to determine the presence of lead shall be conducted using documented methodologies that incorporate adequate quality control procedures; and/or

2. Collected paint chips shall be sent to a laboratory recognized by EPA as being capable of performing the analysis.

Statutory Authority

§ 54.1-501 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003.

18VAC15-30-530. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; repealed, Virginia Register Volume 19, Issue 24, eff. October 1, 2003.

18VAC15-30-540. Written inspection report.

The licensed inspector or risk assessor shall prepare an inspection report that shall include the following information:

1. Date of each inspection.

2. Address of buildings.

3. Date of construction.

4. Apartment numbers (if applicable).

5. Name, address, and telephone number of the owner or owners of each residential dwelling or child-occupied facility.

6. Name, signature, and license number of each licensed inspector or risk assessor conducting testing.

7. Name, address, and telephone number of the firm employing each inspector or risk assessor.

8. 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 Spectroscopy (XRF) device.

9. Specific locations of each painted testing combination tested for the presence of lead-based paint.

10. The results of the inspection expressed in terms appropriate to the sampling methods used.

Statutory Authority

§ 54.1-501 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003; Errata 19:26 VA.R. 2926 September 8, 2003.

18VAC15-30-541. Lead hazard screen.

A. A lead hazard screen shall only be conducted by individuals licensed by the board as a risk assessor.

B. If conducted, a lead hazard screen shall be conducted as follows:

1. 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 six years and under shall be collected.

2. A visual inspection of the residential dwelling or child-occupied facility shall be conducted to:

a. Determine if any deteriorated paint is present; and

b. Locate at least two dust sampling locations.

3. If deteriorated paint is present, each surface with deteriorated paint, which is determined to be in poor condition by using documented methodologies and to have a distinct painting history, shall be tested for the presence of lead.

4. 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 six and under, are likely to come in contact with dust.

5. In multi-family dwellings and child-occupied facilities, in addition to the floor and window samples required in 18VAC15-30-550 B 4, the risk assessor shall also collect composite dust samples from common areas where children, age six and under, are most likely to come into contact with dust.

C. Dust samples shall be collected in the following manner:

1. All dust samples shall be taken using documented methodologies that incorporate adequate quality control procedures.

2. All dust samples shall be sent to a laboratory recognized by EPA as being capable of performing the analysis to determine if they contain detectable levels of lead that can be quantified numerically.

Statutory Authority

§ 54.1-501 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 24, eff. October 1, 2003.

18VAC15-30-542. Written lead hazard screen report.

After a lead hazard screen has been conducted, a written hazard screen report shall be prepared by the risk assessor. A lead hazard screen report shall contain the following minimum information:

1. The information identified in a risk assessment report as specified in 18VAC15-30-610, including 18VAC15-30-610 1 through 18VAC15-30-610 14. Additionally, any background information collected pursuant to 18VAC15-30-541 B 1 of this chapter shall be included in the report.

2. Recommendations, if warranted, for a follow-up risk assessment, and as appropriate, any further actions.

Statutory Authority

§ 54.1-501 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 24, eff. October 1, 2003.

18VAC15-30-550. Risk assessment.

A. A risk assessment shall only be conducted by individuals licensed by the board as risk assessors.

B. If conducted, a risk assessment shall be conducted as follows:

1. 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 deterioration, and other potential lead-based paint hazards.

2. 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 six years and under shall be collected.

3. The following surfaces that are determined, using documented methodologies, to have a distinct painting history, shall be tested for the presence of lead:

a. Each friction surface or impact surface with visibly deteriorated paint; and

b. All other surfaces with visibly deteriorated paint.

4. In residential dwellings, dust samples (either composite or single-surface samples) from the interior window sill(s) and floor shall be collected and analyzed for lead concentration in living areas where one or more children, age six and under, are most likely to come into contact with dust.

5. For multi-family dwellings and child-occupied facilities, the samples required in 18VAC15-30-550 B (3) shall be taken. In addition, interior window sill and floor dust samples (either composite or single-surface samples) shall be collected and analyzed for lead concentration 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 six and under, are likely to come into contact with dust.

6. For child-occupied facilities, interior window sill and floor dust samples (either composite or single-surface samples) shall be collected and analyzed for lead concentration in each room, hallway or stairwell utilized by one or more children, age six and under, and in other common areas in the child-occupied facility where one or more children, age six and under, are likely to come into contact with dust.

7. Soil samples shall be collected and analyzed for lead concentrations in the following locations:

a. Exterior play areas where bare soil is present;

b. The rest of the yard (i.e., nonplay areas) where bare soil is present; and

c. Dripline/foundation areas where bare soil is present.

8. Any paint, dust, or soil sampling or testing shall be conducted using documented methodologies that incorporate adequate quality control procedures.

9. Any collected paint chip, dust, or soil sample shall be sent for analysis to a laboratory recognized by EPA as being capable of performing these activities.

Statutory Authority

§ 54.1-501 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003.

18VAC15-30-560. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; repealed, Virginia Register Volume 19, Issue 24, eff. October 1, 2003.

18VAC15-30-610. Written risk assessment report.

After an assessment has been conducted, a written assessment report shall be completed. A risk assessment report shall contain the following minimum information:

1. Date of assessment.

2. Address of each building.

3. Date of construction of each building.

4. Apartment numbers (if applicable).

5. Name, address, and telephone number of each owner of each building.

6. Name, signature, and license number of the licensed risk assessor conducting the assessment.

7. Name, address, and telephone number of the firm employing each risk assessor.

8. Name, address, and telephone number of each recognized laboratory conducting analysis of collected samples.

9. Results of the visual inspection.

10. Testing method and sampling procedures for paint analysis employed.

11. Specific locations of each painted testing combination tested for the presence of lead-based paint.

12. All data collected from on-site testing, including quality control and, if used, the serial number of any XRF device.

13. All results of laboratory analysis on collected paint, soil, and dust samples.

14. Any other sampling results.

15. Any background information collected pursuant to 18VAC15-30-550 B 2.

16. 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.

17. A description of the location, type, and severity of identified lead-based paint hazards and any other potential lead hazard.

18. A description of interim controls or abatement options, or both, 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.

Statutory Authority

§ 54.1-501 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003.

18VAC15-30-620. Abatement.

A. Abatement shall be conducted only by individuals licensed by the board as supervisors or workers and employed by a licensed lead abatement contractor.

B. A licensed lead abatement supervisor is required for each abatement project and shall be on-site during all work site preparation and during the post-abatement cleanup of work areas. At all other times when abatement activities are being conducted, the licensed supervisor shall be on-site or available by telephone, pager or answering service, and able to be present at the work site in no more than two hours.

C. The licensed lead abatement supervisor and the licensed lead abatement contractor employing the supervisor shall ensure that all abatement activities are conducted according to the requirements of this chapter and all other federal, state and local regulations.

D. A written occupant protection plan shall be developed for all abatement projects and shall be prepared according to the following procedures:

1. The occupant protection plan shall be unique to each residential dwelling or child-occupied facility and be developed prior to the abatement. The occupant 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 hazard.

2. A licensed lead abatement supervisor or lead project designer shall prepare the occupant protection plan.

E. The following work practices shall be restricted during an abatement:

1. Open-flame burning or torching of lead-based paint is prohibited.

2. Machine sanding or grinding or abrasive blasting of lead-based paint is prohibited unless used with High Efficiency Particulate Air (HEPA) exhaust control that removes particles of 0.3 microns or larger from the air at 99.97 percent or greater efficiency.

3. Dry scraping of lead-based paint is permitted only in conjunction with heat guns or around electrical outlets or when treating defective paint spots totaling no more than two square feet in any one room, hallway, or stairwell or totaling no more that 20 square feet on exterior surfaces.

4. Operating a heat gun on lead-based paint is permitted only at temperatures below 1100 degrees Fahrenheit.

F. If the soil is removed:

1. The soil shall be replaced by soil with a lead concentration as close to local background as practicable, but no greater than 400 ppm.

2. The soil that is removed shall not be used as top soil at another residential property or child-occupied facility.

3. If soil is not removed, the soil shall be permanently covered as defined in 18VAC15-30-20.

G. An abatement report shall be prepared by a licensed lead abatement supervisor or lead project designer. The abatement report shall include the following information:

1. Start and completion dates of abatement.

2. The name and address of each licensed lead abatement contractor conducting the abatements, and the name of each licensed lead abatement supervisor assigned to the abatement project.

3. The occupant protection plan prepared pursuant to subsection D of this section.

4. The name, address, and signature of each licensed risk assessor or inspector conducting clearance sampling and the date of clearance testing.

5. The results of clearance testing, the name of each recognized laboratory that conducted the analysis, and the name and signature of the person conducting the analysis.

6. A detailed written description of the abatement, including abatement methods used, locations of rooms and components where abatement occurred, and reason for selecting particular abatement methods for each component and any suggested monitoring of encapsulants or enclosures.

Statutory Authority

§ 54.1-501 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003.

18VAC15-30-630. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; repealed, Virginia Register Volume 19, Issue 24, eff. October 1, 2003.

18VAC15-30-650. Post-abatement clearance procedures.

The following post-abatement clearance procedures shall be performed by a licensed inspector or licensed risk assessor:

1. Following an abatement, a visual inspection shall be performed by the licensed inspector or licensed risk assessor to determine if there are any deteriorated painted surfaces or visible amounts of dust, debris, or residue 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.

2. Following a successful visual inspection for clearance, but no sooner than one hour after completion of final post abatement clean-up, clearance sampling shall be conducted.

3. Clearance sampling may be conducted by employing single-surface or composite sampling techniques, and shall be taken using documented methodologies that incorporate adequate quality control procedures.

4. The following post-abatement clearance activities shall be conducted, as appropriate, based upon the extent or manner of abatement activities conducted in or to the residential dwelling or child-occupied facility.

a. 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 floors of each of no less 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 less than four rooms, hallways, or stairwells within the containment area, then all rooms, hallways or stairwells shall be sampled.

b. After conducting an abatement with no containment, two dust samples shall be taken from each of no less than four rooms, hallways, or stairwells in the residential dwelling 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 less than four rooms, hallways, or stairwells within the residential dwelling or child-occupied facility, then all rooms, hallways, or stairwells shall be sampled.

c. Following an exterior paint abatement, a visual inspection shall be conducted. All horizontal surfaces in the outdoor living area closest to the abated surfaces 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 requirements.

5. The rooms, hallways, or stairwells selected for sampling shall be selected according to documented methodologies.

6. The licensed inspector or licensed risk assessor shall compare the residual lead level (as determined by the laboratory analysis) from each single surface dust sample with the clearance levels, as established in 40 CFR Part 745 Subpart D, for lead in dust on floors, 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.

7. In multi-family dwellings with similarly constructed and maintained residential dwellings, random sampling for the purpose of clearance may be conducted provided:

a. The licensed individuals who abate or clean the residential dwellings do not know which residential dwelling will be selected for the random sample.

b. A sufficient number of residential dwellings are selected for dust sampling to provide a 95% level of confidence that no more than 5.0% or 50 dwellings (whichever is less) in the randomly sampled population exceed the appropriate clearance levels.

c. The randomly selected residential dwellings shall be sampled and evaluated for clearance according to the procedures found in this chapter.

Statutory Authority

§ 54.1-501 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003.

18VAC15-30-651. Composite dust sampling.

Composite dust sampling may be used in situations specified in 18VAC15-30-520 through 18VAC15-30-610. If such sampling is conducted, the following conditions shall apply:

1. Composite dust samples shall consist of at least two aliquots;

2. Every component that is being tested shall be included in the sampling; and

3. Composite dust samples shall not consist of aliquots taken from more than one type of component.

Statutory Authority

§ 54.1-501 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 24, eff. October 1, 2003.

18VAC15-30-660. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; repealed, Virginia Register Volume 19, Issue 24, eff. October 1, 2003.

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