A. Section 54.1-500 of the Code of Virginia provides definitions of the following terms and phrases as used in this chapter:

"Accredited lead training program"

"Board"

"Lead-based paint"

"Lead-contaminated soil"

"Lead contractor"

"Lead project design"

"Lead risk assessment"

"Person"

B. The following words and terms when used in this chapter have the following meanings unless the context clearly indicates otherwise:

"Abatement" or "abatement project" means any measure or set of measures designed to permanently eliminate lead-based paint hazards, in the case of dust-lead hazards to below the action levels.

1. "Abatement" includes:

a. The removal of lead-based paint and lead-contaminated dust (in the case of dust-lead hazards to below the action levels), the permanent enclosure or encapsulation of lead-based paint, the replacement of painted surfaces or fixtures, or the removal or permanent covering of lead-contaminated soil, when lead-based paint hazards are present in such paint, dust, or soil;

b. All preparation, cleanup, disposal, and post-abatement clearance post-abatement testing activities associated with such measures;

c. Lead-based paint activities for which there is a written contract or other documentation that provides that an individual or firm will be conducting activities in or to a residential dwelling or child-occupied facility that:

(1) Will result in the permanent elimination of lead-based paint hazards, in the case of dust-lead hazards to below action levels; or

(2) Are designed to permanently eliminate lead-based paint hazards, in the case of dust-lead hazards to below action levels;

d. Lead-based paint activities resulting in the permanent elimination of lead-based paint hazards, in the case of dust-lead hazards to below action levels, unless such projects are covered by subdivision 2 of this definition; and

e. Lead-based paint activities resulting in the permanent elimination of lead-based paint hazards, in the case of dust-lead hazards to below action levels, that are conducted in response to state or local abatement orders.

2. Abatement does not include renovation, remodeling, landscaping, or other activities when such activities are not designed to permanently eliminate lead-based paint hazards, in the case of dust-lead hazards to below action levels, but instead are designed to repair, restore, or remodel a given structure or dwelling, even though these activities may incidentally result in a reduction or elimination of lead-based paint hazards. Abatement does not include interim controls, operations and maintenance activities, or other measures and activities designed to temporarily, but not permanently, reduce lead-based paint hazards, in the case of dust-lead hazards to below the action levels.

"Action levels" mean the values that indicate the amount of lead in dust on a surface following completion of an abatement activity. To complete abatement when dust sampling is required, values below these levels must be achieved.

"Applicant" means a person who submits an application to the board.

"Application" means a completed board-prescribed form submitted with the appropriate fee and other required documentation.

"Child-occupied facility" means a building or portion of a building constructed prior to 1978 that is visited regularly by the same child younger than six years of age or younger, on at least two different days within any week (Sunday through Saturday period), provided that each day's visit lasts at least three hours, the combined weekly visit lasts at least six hours, and the combined annual visits last at least 60 hours. Child-occupied facilities may include day care centers, preschools, and kindergarten classrooms.

"Clearance levels" means values that indicate the maximum amount of lead permitted in dust on a surface following completion of an abatement activity.

"Common area" means a portion of a building generally accessible to all occupants, including hallways, stairways, laundry and recreational rooms, playgrounds, community centers, garages, and boundary fences.

"Component or building component" means specific design or structural elements or fixtures of a building or residential dwelling or child-occupied facility that are distinguished from each other by form, function, and location. These include interior components such as ceilings, crown molding, walls, chair rails, doors, door trim, floors, fireplaces, radiators and other heating units, shelves, shelf supports, stair treads, stair risers, stair stringers, newel posts, railing caps, balustrades, windows and trim (including sashes, window heads, jambs, sills, stools, and troughs), built-in cabinets, columns, beams, bathroom vanities, counter tops, and air conditioners, and exterior components such as painted roofing, chimneys, flashing, gutters and downspouts, ceilings, soffits, facias, rake boards, corner boards, bulkheads, doors and door trim, fences, floors, joists, lattice work, railings and railing caps, siding, handrails, stair risers and treads, stair stringers, columns, balustrades, window sills or stools and troughs, casings, sashes, wells, and air conditioners.

"Containment" means a process to protect workers and the environment by controlling exposures to the lead-contaminated dust and debris created during an abatement.

"Course agenda" means an outline of the key topics to be covered during a training course, including the time allotted to teach each topic.

"Course test" means an evaluation of the overall effectiveness of the training that will test the trainee's knowledge and retention of the topics covered during the course.

"Department" means the Department of Professional and Occupational Regulation.

"Deteriorated paint" means paint that is cracking, flaking, chipping, peeling, or otherwise separating from the substrate building component.

"Discipline" means one of the specific types or categories of lead-based paint activities established in this chapter for which individuals must receive training from accredited lead training providers and become licensed by the board.

"Distinct painting history" means application history, as indicated by visual appearance or a record of application, over time, of paint or other surface coatings to a component or room.

"Documented methodologies" means methods or protocols used to sample for the presence of lead in paint, dust, and soil.

"Encapsulant" means a substance that forms a barrier between lead-based paint and the environment using a liquid-applied coating (with or without reinforcement materials) or an adhesively bonded covering material.

"Encapsulation" means the application of an encapsulant.

"Enclosure" means the use of rigid, durable construction materials that are mechanically fastened to the substrate in order to act as a barrier between lead-based paint and the environment.

"Environmental remediation activity" means any activity planned or carried out for the purpose of reducing or eliminating any environmental hazard, including activities necessary to train individuals in the proper or lawful conduct of such activities, which are regulated by federal or state law or regulation.

"EPA" means the U.S. Environmental Protection Agency.

"Financial interest" means financial benefit accruing to an individual or to a member of the individual's immediate family. Such interest exists by reason of (i) ownership in a business if the ownership exceeds 3.0% of the total equity of the business; (ii) annual gross income that exceeds or may be reasonably anticipated to exceed $2,000 from ownership in real or personal property or a business; (iii) salary, other compensation, fringe benefits, or benefits from the use of property, or a combination thereof, paid or provided by a business that exceeds or may reasonably be expected to exceed $2,000 annually; or (iv) ownership of real or personal property if the interest exceeds $2,000 in value.

"Firm" means any company, partnership, corporation, sole proprietorship, association, or any other form of business organization recognized under the laws of the Commonwealth of Virginia.

"Guest instructor" means an individual designated by the training program manager or principal instructor to provide instruction specific to the lecture, hands-on activities, or work practice components of a course.

"Hands-on skills assessment" means an evaluation that tests the trainee's ability to satisfactorily perform the work practices and procedures identified in this chapter, as well as any other skills taught in a training course.

"Hazardous waste" means any waste as defined in 40 CFR 261.3.

"Housing for the elderly" means retirement communities or similar types of housing reserved for households composed of one or more persons 62 years of age or older at the time of initial occupancy.

"HUD" means the U.S. Department of Housing and Urban Development.

"Inspection" means a surface-by-surface investigation to determine the presence of lead-based paint and the provision of a report explaining the results of the investigation.

"Interim controls" means a set of measures designed to temporarily reduce human exposure or likely exposure to lead-based paint hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards, and the establishment and operation of management and resident education programs.

"Lead-based paint activities" means risk assessment, inspection, project design, and abatement as defined in this chapter that affects or relates to target housing and child-occupied facilities.

"Lead-based paint hazard" means any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, or lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as identified by EPA.

"Lead-contaminated dust" means surface dust that contains an area or mass concentration of lead at or in excess of levels identified by the EPA pursuant to § 403 of the Toxic Substances Control Act (15 USC § 2683).

"Lead-hazard screen" means a limited risk assessment activity that involves limited paint and dust sampling.

"Licensed lead abatement supervisor" or "lead supervisor" means an individual who has met the requirements of this chapter and has been licensed by the board to supervise and conduct abatements and to prepare occupant protection plans and abatement reports.

"Licensed lead abatement worker" or "lead worker" means an individual who has met the requirements of this chapter and has been licensed by the board to perform abatements under the supervision of a licensed lead supervisor.

"Licensed lead inspector" or "lead inspector" means an individual who has met the requirements of this chapter and has been licensed by the board to conduct lead inspections. A licensed inspector may also sample for the presence of lead in dust and soil for the purposes of abatement clearance abatement-related testing.

"Licensed lead project designer" or "lead project designer" means an individual who has met the requirements of this chapter and has been licensed by the board to prepare abatement project designs, occupant protection plans, and abatement reports.

"Licensed lead risk assessor" or "lead risk assessor" means an individual who has met the requirements of this chapter and has been licensed by the board to conduct lead inspections and risk assessments. A licensed risk assessor may also sample for the presence of lead in dust and soil for the purposes of abatement clearance abatement-related testing.

"Licensee" means any person who has been issued and holds a valid license as a lead abatement worker, lead abatement supervisor, lead inspector, lead risk assessor, lead project designer, or lead abatement contractor.

"Living area" means any area of a residential dwelling used by one or more children younger than six years of age and younger, including living rooms, kitchen areas, dens, play rooms, and children's bedrooms.

"Multi-family dwelling" means target housing that contains more than one separate residential dwelling unit, in which one or more units is used or occupied, or intended to be used or occupied, in whole or in part, as the home or residence of one or more persons.

"OSHA" means the U.S. Occupational Safety and Health Administration.

"Paint in poor condition" means more than 10 square feet of deteriorated paint on exterior components with large surface areas; more than two square feet of deteriorated paint on interior components with large surface areas (e.g., walls, ceilings, floors, doors); or more than 10% of the total surface area of the component is deteriorated on the interior or exterior components with small surface area (e.g., window sills, baseboards, soffits, trim).

"Permanently covered soil" means soil that has been separated from human contact by the placement of a barrier consisting of solid, relatively impermeable material, such as pavement or concrete. Grass, mulch, and other landscaping materials are not considered permanent covering.

"Principal instructor" means the individual who has the primary responsibility for organizing and teaching a particular course.

"Recognized laboratory" means any environmental laboratory recognized by EPA as being capable of performing an analysis for lead compounds in paint, soil, and dust.

"Reduction" means measures designed to reduce or eliminate human exposure to lead-based paint hazards through methods including interim controls and abatement.

"Reportable level" means the lowest analyte concentration, or amount, that does not contain a “less than” qualifier and that is reported with confidence for a specific method by a laboratory recognized by the EPA under the Toxic Substances Control Act (15 U.S.C. § 2685).

"Residential dwelling" means (i) target housing that is a detached single-family dwelling, including attached structures such as porches and stoops, or (ii) target housing that is a single-family dwelling unit in a structure that contains more than one separate residential dwelling unit, which is used or occupied, or intended to be used or occupied, in whole or in part, as the home or residence of one or more individuals.

"Target housing" means any housing constructed prior to 1978, except for housing for the elderly or persons with disabilities or any zero-bedroom dwelling (unless any one or more children child who is younger than six years of age or younger reside resides or is expected to reside in such housing for the elderly or persons with disabilities) or any zero-bedroom dwelling.

"Training curriculum" means an established set of course topics for instruction in an accredited lead training program for a particular discipline designed to provide specialized knowledge and skills.

"Training hour" means at least 50 minutes of actual instruction, including time devoted to lecture, learning activities, small group activities, demonstrations, evaluations, and hands-on experience.

"Training manager" means the individual responsible for administering a training program and monitoring the performance of the instructors.

"Visual inspection for clearance abatement-related testing" means the visual examination of a residential dwelling or a child-occupied facility following an abatement to determine whether the abatement has been successfully completed.

"Visual inspection for risk assessment" means the visual examination of a residential dwelling or a child-occupied facility to determine the existence of deteriorated lead-based paint or other potential sources of lead-based paint hazards.

"XRF" means x-ray fluorescence.

A. The lead abatement supervisor course must last a minimum of 32 hours with a minimum of eight hours devoted to hands-on training. The training course must address the following topics:

1. Role and responsibilities of an abatement supervisor.

2. Background information on lead and the adverse health effects.

3. Background information on federal, state, and local regulations and guidance that pertains to lead-based paint activities, including distribution and thorough review of this chapter.

4. Liability and insurance issues relating to lead-based paint abatement.

5. Risk assessment and inspection report interpretation.

6. Development and implementation of an occupant protection plan and abatement report.

7. Lead-based paint hazard recognition and control methods.

8. Lead-based paint abatement or lead hazard reduction methods, including restricted work practices.

9. Interior dust abatement or cleanup or lead hazard reduction.

10. Soil and exterior dust abatement or lead hazard reduction.

11. Clearance standards Action levels and testing.

12. Clean-up and waste disposal.

13. Recordkeeping.

14. Examination.

B. The topics in subdivisions A 5, A 7, A 8, A 9, and A 10 of this section must include hands-on training.

A. The lead inspector course must last a minimum of 24 hours with a minimum of eight hours devoted to hands-on training. The training course must address the following topics:

1. Background information on lead.

2. Health effects of lead.

3. Background information on federal, state, and local regulations and guidance that pertains to lead-based paint activities, including distribution and thorough review of this chapter.

4. Roles and responsibilities of the lead-based paint inspector.

5. Lead-based paint inspection methods, including selection of rooms and components for sampling or testing.

6. Paint, dust, and soil sampling methodologies.

7. Preparation of the final inspection report.

8. Clearance standards Action levels and testing, including random sampling.

9. Recordkeeping.

10. Examination.

B. The topics in subdivisions A 5, A 6, A 7, and A 8 of this section must include hands-on training.

The lead project designer course must last a minimum of eight hours and must address the following topics:

1. Role and responsibilities of a project designer.

2. Development and implementation of an occupant protection plan for large scale abatement projects.

3. Lead-based paint abatement and lead-based paint hazard reduction methods for large scale abatement projects.

4. Interior dust abatement or cleanup or lead hazard control and reduction methods for large scale abatement projects.

5. Clearance standards Action levels and testing for large scale abatement projects.

6. Integration of lead-based paint abatement methods with modernization and rehabilitation projects for large scale abatement projects.

7. Examination.

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

B. Notification must 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.

C. No lead contractor may 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 contractor unless the contractor provides the building owner with a "Virginia Lead Consumer Information and Disclosure Sheet," which is available from the board.

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 the building owner's 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 must be kept on the lead abatement project site and available for review.

E. Persons licensed to perform post-abatement clearance procedures must be independent of and have no financial interest in or employer-employee relationship with the licensed lead abatement contractor.

F. 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. The following documented methodologies that are appropriate for this chapter are incorporated by reference:

1. U.S. Department of Housing and Urban Development (HUD) Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing, Second Edition, July 2012.

2. 40 CFR Part 745, Subpart D (January 6, 2020 November 12, 2024, update).

3. EPA Guidance on Residential Lead-Based Paint, Lead-Contaminated Dust and Lead-Contaminated Soil (60 FR 47248-47257, September 11, 1995).

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

G. Any lead-based paint activities, as described in this chapter, must 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 must be maintained by the licensed firm or individual who prepared the report for at least three years. The licensed firm or individual also must provide copies of these reports to the building owner or person who contracted for its services.

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 in 40 CFR 745.65(b);

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 Dust-lead hazards and dust-lead action levels are identified for residential dwelling or dwellings and child-occupied facility facilities as follows:

1. In A dust-lead hazard is present in a residential dwelling or child-occupied facility on floors and interior window sills when the weighted arithmetic mean lead loading for all any single surface or composite samples of floors and interior window sills are is equal to or greater than the amount identified in 40 CFR 745.227(h)(3) any reportable level of dust-lead for floors and interior window sills; for projects where post-abatement dust-lead testing is required or otherwise performed, levels of lead in dust must be below the amounts identified in 40 CFR 745.227(h)(3);

2. On A dust-lead hazard is present 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; for projects where post-abatement dust-lead testing is required or otherwise performed, levels of lead in dust must be below the amounts identified in 40 CFR 745.227(h)(3); and

3. On A dust-lead hazard is present 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; for projects where post-abatement dust-lead testing is required or otherwise performed, levels of lead in dust must be below the amounts identified in 40 CFR 745.227(h)(3).

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 the amount identified in 40 CFR 45.227(h)(4); 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 the amount identified in 40 CFR 745.227(h)(4).

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

B. If conducted, a lead hazard screen must 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 younger than six years of age and younger must be collected.

2. A visual inspection of the residential dwelling or child-occupied facility must 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 that is determined to be in poor condition by using documented methodologies and to have a distinct painting history must be tested for the presence of lead.

4. In residential dwellings, two composite dust samples must be collected, one from the floors and the other from the windows, in rooms, hallways, or stairwells where one or more children younger than six years of age and younger 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 must also collect composite dust samples from common areas where children younger than six years of age and younger are most likely to come into contact with dust.

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

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

2. All dust samples must 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.

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

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

1. A visual inspection for risk assessment of the residential dwelling or child-occupied facility must 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 younger than six years of age and younger must be collected.

3. The following surfaces that are determined, using documented methodologies, to have a distinct painting history must 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 any interior window sill and floor must be collected and analyzed for lead concentration in living areas where one or more children younger than six years of age and younger are most likely to come into contact with dust.

5. For multi-family dwellings and child-occupied facilities, the samples required in subdivision 3 of this subsection must be taken. In addition, interior window sill and floor dust samples (either composite or single-surface samples) must 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 younger than six years of age and younger 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) must be collected and analyzed for lead concentration in each room, hallway, or stairwell utilized by one or more children younger than six years of age and younger and in other common areas in the child-occupied facility where one or more children younger than six years of age and younger are likely to come into contact with dust.

7. Soil samples must 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 or foundation areas where bare soil is present.

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

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

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

B. A licensed lead abatement supervisor is required for each abatement project and must 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 must 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 lead contractor employing the supervisor must 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 must be developed for all abatement projects and must be prepared according to the following procedures:

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

E. The following work practices must 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% 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 than 20 square feet on exterior surfaces.

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

F. If the soil is removed:

1. The soil must 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 must not be used as topsoil at another residential property or child-occupied facility.

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

G. An abatement report must be prepared by a licensed lead abatement supervisor or lead project designer. The abatement report must 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 post-abatement sampling and the date of clearance testing sampling.

5. The results of clearance post-abatement dust-lead testing and all soil analyses, if applicable, the name of each recognized laboratory that conducted the analysis analyses, 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.

7. On or after January 12, 2026, when post-abatement dust-lead testing results are below the dust-lead action levels and at or above the dust-lead reportable levels, a dust-lead hazard statement with the language identified in 40 CFR 745.227(e)(10) must be included.

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

1. Following an abatement, a visual inspection must 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 post-abatement testing procedures.

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

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

4. The following post-abatement clearance testing activities must 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 must be taken from one interior window sill and from one window trough (if present) and one dust sample must 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 must be taken from the floor outside the containment area. If there are fewer than four rooms, hallways, or stairwells within the containment area, then all rooms, hallways, and stairwells must be sampled.

b. After conducting an abatement with no containment, two dust samples must be taken from each of no less than four rooms, hallways, or stairwells in the residential dwelling or child-occupied facility. One dust sample must be taken from one interior window sill and window trough (if present), and one dust sample must be taken from the floor of each room, hallway, or stairwell selected. If there are fewer than four rooms, hallways, or stairwells within the residential dwelling or child-occupied facility, then all rooms, hallways, and stairwells must be sampled.

c. Following an exterior paint abatement, a visual inspection must be conducted. All horizontal surfaces in the outdoor living area closest to the abated surfaces must be found to be cleaned of visible dust and debris. In addition, a visual inspection must 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 must be selected according to documented methodologies.

6. The licensed inspector or licensed risk assessor must compare the residual lead level (as determined by the laboratory analysis) from each single surface dust sample with the clearance action levels, as established in 40 CFR 745.227(e)(8), for lead in dust on floors, interior window sills, and window troughs or from each composite dust sample with the applicable clearance action 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 action level or if the residual lead level in a composite dust sample equals or exceeds the applicable clearance action level divided by half the number of subsamples in the composite sample, the components represented by the failed sample must be recleaned and retested.

7. In multi-family dwellings with similarly constructed and maintained residential dwellings, random sampling for the purpose of clearance post-abatement testing 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 action levels.

c. The randomly selected residential dwellings must be sampled and evaluated for clearance according to the post-abatement testing procedures found in this chapter.