A person must allow the commissioner to have access to a work site, according to Minnesota Statutes, section 144.99, subdivision 2, while the person performs a lead hazard screen.
An individual conducting a lead hazard screen must be a lead risk assessor licensed under part 4761.2300 and must use the methods described in this part.
If a lead hazard screen identifies lead dust levels that exceed 20 micrograms per square foot for floors or 125 micrograms per square foot for window sills, the lead risk assessor must inform the property owner that a lead risk assessment is recommended by the commissioner of health.
Sodium rhodizonate and sodium sulfide must not be used to inspect paint for the presence of lead.
A lead hazard screen must be performed according to one of the documented methodologies that corresponds to the type of sampling and analysis that will be used to determine lead concentration.
To the extent that the documented methodologies contain numerical standards for the lead content of paint, dust, or drinking water that differ from the standards in part 4761.2510, the more stringent standard applies.
X-ray fluorescence analyzers, laboratory sample analyses, or a combination of both, may be used for on-site measurements of lead.
A lead hazard screen for an affected property must:
include background information regarding the physical characteristics of the affected property;
include background information regarding the occupant use patterns that may cause lead-based paint exposure to one or more children;
visually identify the location of any deteriorated paint;
test each surface with deteriorated paint that has a distinct painting history for the presence of lead. A surface with deteriorated paint must be determined using HUD's Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing, chapter 5 (1995). The guidelines are incorporated by reference under part 4761.2000, subpart 15, item H. Surfaces do not need to be tested if the lead risk assessor determines the building component was replaced after 1978 or does not contain lead-based paint. In lieu of testing under this item, the deteriorated paint may be assumed to be lead-based paint;
determine at least two dust sampling locations or assume the floor and window sill surfaces have lead-contaminated dust on them. If conducting dust sampling:
in a residence, at least two composite dust samples must be collected and analyzed. One sample must be from floors and the other from window sills. The floors and window sills tested must be in rooms, hallways, or stairwells where one or more children are most likely to come into contact with dust; or
in a multifamily residence, school, or child-occupied facility, at least two composite samples from common areas must be collected and analyzed in addition to the samples required under subitem (1). One sample must be from floors and the other from window sills. These composite samples shall be collected from surfaces where one or more children are most likely to come into contact with dust; and
visually identify the presence and location of bare soil if the ground is not covered by snow at the time of the lead hazard screen.
MS s 144.9508
29 SR 531
November 29, 2004
Official Publication of the State of Minnesota
Revisor of Statutes