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4761.2670 CLEARANCE INSPECTIONS.

Subpart 1.

General requirements.

A.

If lead hazard reduction was ordered by an assessing agency, the assessing agency's lead inspector or lead risk assessor must perform the final clearance inspection.

B.

A lead inspector or lead risk assessor who is not directly involved with the lead hazard reduction must conduct all nonordered clearance inspections.

C.

A lead sampling technician may do clearance inspections only as specified in Minnesota Statutes, section 144.9501, subdivision 22b.

D.

The lead hazard reduction is successfully completed when a clearance inspection is performed according to subparts 2 and 3 and analyses of samples according to subpart 4 demonstrates that the lead levels in part 4761.2510 are not exceeded.

E.

A clearance inspection consists of a visual inspection according to subpart 2 and clearance sampling according to subpart 3.

Subp. 2.

Visual inspection.

A.

A visual determination must be made to determine that no deteriorated paint remains in areas where interior or exterior lead hazard reduction was conducted.

B.

After interior lead hazard reduction is complete, all surfaces within the work area, the containment, adjacent areas, areas used as pathways, areas used to store equipment and waste materials, and any area within the affected property that was used for worker decontamination must be free of visible dust, paint chips, and debris. If visible dust and debris is observed, the person performing the lead hazard reduction must be notified that surfaces must be recleaned according to part 4761.2630, subpart 7, items B and C; 4761.2640, subpart 8, items C to F; or 4761.2645, subpart 9. Cleaning must be conducted until no visible dust or debris remains in work areas, containments, adjacent areas, pathways, storage areas, or worker decontamination areas.

C.

After exterior lead hazard reduction, the ground surface must be free of visible paint chips. All other above-grade horizontal building surfaces and any area within the affected property that was used for worker decontamination must also be free of visible dust and paint chips. If visible dust, paint chips, or debris is observed, the person performing the lead hazard reduction must be notified that surfaces must be recleaned as specified in part 4761.2650, subpart 9, items E and F.

Subp. 3.

Clearance sampling.

A.

All dust sampling for clearance purposes must follow documented methodologies.

B.

Interior clearance samples must be collected at least one hour after the cleaning procedures in part 4761.2630, subpart 7; 4761.2640, subpart 8; or 4761.2645, subpart 9, are completed.

C.

To perform clearance sampling in an affected property where work was conducted as specified in parts 4761.2630 and 4761.2640, dust samples must be collected in the following areas:

(1)

at least one dust sample must be collected from an interior window sill or window trough within five feet of where lead hazard reduction was conducted, if present. If the lead hazard reduction was conducted in more than one room, the sampling of sills and troughs must be alternated between rooms. Additional samples may be collected as single or composite samples;

(2)

at least one dust sample must be collected from the floor within five feet of where lead hazard reduction was conducted. Additional samples may be collected as single or composite samples; and

(3)

at least one dust sample must be collected from the floor immediately outside the entrance to the work area.

D.

To perform clearance sampling in a residence where the work was conducted according to part 4761.2645, the dust samples must be collected in the following areas:

(1)

one dust sample must be collected from one window sill, if present. Additional samples may be collected as single or composite samples;

(2)

one dust sample must be collected from one window trough, if present. Additional samples may be collected as single or composite samples;

(3)

single dust samples or a composite dust sample must be collected from the floors of at least four distinct rooms, which may include hallways and stairwells. If less than four rooms exist, single dust samples or a composite sample must be collected from all of the rooms, which may include hallways or stairwells; and

(4)

at least one dust sample must be collected from the floor immediately outside the entrance to the containment.

E.

To perform clearance sampling in a multifamily residence, school, or child-occupied facility where the work was conducted according to part 4761.2630, 4761.2640, or 4761.2645, the dust samples must be collected:

(1)

in the same locations described in item C or D, as appropriate;

(2)

from floors of pathways used by the lead hazard reduction workers; and

(3)

in areas used for waste or equipment storage or decontamination.

F.

To perform clearance sampling after exterior lead hazard reduction was conducted, a composite soil sample must be collected and analyzed from each area of bare soil:

(1)

if work was conducted according to part 4761.2650; or

(2)

within five feet of the affected work surface if work was conducted according to part 4761.2640.

Subp. 4.

Clearance results.

A.

Soil and single-surface dust sample results must be no greater than the lead levels for soil and dust under part 4761.2510, subparts 2 and 3.

B.

Composite dust sample results must be no greater than the dust lead level under part 4761.2510, subpart 2, which is divided by one-half of the number of subsamples that make up the composite sample.

C.

If sample results do not meet the standards according to items A and B, the building components or bare soil represented by the failed sample must be recleaned or additional soil removed and retested until clearance levels are met.

Statutory Authority:

MS s 144.9508

History:

29 SR 531

Published Electronically:

November 29, 2004

Official Publication of the State of Minnesota
Revisor of Statutes