Minnesota Administrative Rules

7025.0030 TESTING.

Subpart 1.

Testing required.

A contractor shall test a coating for lead concentration, using the methods required by this part, before using abrasive blasting to remove a coating from the exterior of a residential, child care, or school building, or any building within 100 feet of a residential, child care, or school building, or a playground.

Subp. 2.

Paint samples.

The contractor shall test all layers of paint on the following exterior surfaces from which paint is to be removed:

A.

the paint on the original structure;

B.

the paint on any addition to the original structure;

C.

the paint on each separate structure; and

D.

if surfaces have been painted or repainted at different times or with different paints, the paint on each surface.

Subp. 3.

Analysis.

The contractor shall analyze each paint sample for lead concentration using one of the methods in items A to D.

A.

Acid extraction. If the contractor tests by acid extraction, the contractor shall analyze for total lead using paint samples that contain equal surface areas of all the paint coatings of the surface that is tested.

B.

X-ray fluorescence analyzer. If the contractor tests using a hand-held portable XRF analyzer, the lead concentration for each surface shall be the mean value of at least five separate measurements for that surface. If the contractor tests using a desktop laboratory XRF analyzer, each paint sample shall contain equal surface areas of all paint coatings of the surface that is tested.

C.

Sodium sulfide (Na₂S). If the contractor tests using sodium sulfide and obtains a negative test result for lead on any surface painted before 1978, the contractor shall confirm the absence of lead paint by testing a sample from that surface with either acid extraction or an XRF analyzer in the manner required in item A or B.

D.

Other analysis methods. The contractor may test for lead concentration using an analysis method not listed in items A to C only if the commissioner approves the analysis method in writing prior to its use. The commissioner shall approve an analysis method if the commissioner finds that the precision and accuracy of the method is comparable to the methods in item A or B.

Subp. 4.

Test results.

The contractor shall provide the test results to the building owner or administrator and the adult residents as part of the notice described in part 7025.0040, subpart 2, to the commissioner as part of the notice described in part 7025.0040, subpart 3, and shall retain the test results for a period not less than five years from the date of the test.

Subp. 5.

Waiver of testing.

A contractor may elect to conduct abrasive blasting of a residential, child care, or school building, or of any building within 100 feet of a residential, child care, or school building, or a playground, without testing to determine the presence and concentration of lead in paint if the contractor treats the paint as lead paint, so states in the notice of part 7025.0040, and otherwise complies with parts 7025.0010 to 7025.0080.

Statutory Authority:

MS s 116.07; 144.878

History:

16 SR 442; 18 SR 614

Published Electronically:

April 14, 2000