Lead-based paint inspection

HUD. 1997. Guidelines for the evaluation and control of lead-based paint hazards in housing. Chapter 7 Lead-based paint inspection. 1997 Revision. U.S. Department of Housing and Urban Development. 

Sellers and landlords of target housing must disclose to prospective purchasers or tenants details of any lead-based paint or lead-based paint hazards of which they are aware. They must give the prospective purchasers and tenants records of any lead testing, and a copy of the EPA/HUD pamphlet entitled Protect Your Family From Lead in Your Home or another pamphlet that has EPA approval. Prospective purchasers and tenants must receive the disclosure and a warning before the contract or lease becomes binding, and purchasers must be given ten days to conduct a risk assessment or inspection. ... 

Lead-based paint activities are defined as inspection, risk assessment or abatement in target housing or child-occupied facilities. Inspection is defined in turn as 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 risk assessment is defined as an on-site investigation... 

There are work practice standards that must be employed in all lead-based paint activity. For example, for inspections, the regulations detail the minimum requirements including where to select paint samples to test, how to sample, how to test, what records to keep, and reports that must be prepared. 

The term inspection means (A) a surface-by-surface investigation to determine the presence of lead-based paint, as provided in section 4822(c)... 

H) risk assessment and inspection methods for lead-based paint hazards and... 

There are 3 different approaches for checking out the lead paint hazards in your home—a screen risk assessment, a risk assessment, and a lead-based paint inspection— depending on your situation. 

If you do not have either a risk assessment or lead-based paint inspection, you must assume that all surfaces have lead-based paint and take precautions accordingly if you are doing any work that disrupts painted surfaces. Also, once the controls are completed, you will need to have a licensed assessor inspect for any other hazards before your home can be officially declared safe. ... 

In this Final Rule, U.S. HUD sets forth seven strategies for lead paint or paint hazard evaluation and hazard reduction, varying in relative stringency from least to most (1) safe work practices during rehabilitation (2) ongoing lead paint maintenance practices to assure continued intact surfaces (3) visual assessment and paint stabihzation (4) risk assessment and interim controls (as defined above) (5) combined risk assessment and lead paint inspection with interim controls (6) risk assessment and abatement of lead paint hazards and (7) lead-based paint inspection and abatement via removal of aU lead paint. 

Just knowing that a building has lead-based paint may not indicate the level of hazard. You can check buildings for lead content in a couple of ways. A paint inspection can reveal the lead content of every different type of painted surface in a building. However, it won t tell you whether the paint is a hazard or how you should deal with it. A risk assessment will determine if there are any sources of serious lead exposure (such as peeling paint and lead dust). It will also tell you what actions to take to address these hazards. 

This is only general guidance. Actual on-site conditions or r ulatory requirements may dictate another hazard evaluation method. A paint inspection by itself may not identify lead-based paint hazards. A risk assessment inspection combination is an option whenever an assessment or inspection is indicated. A risk assessment screen is appropriate for buildings in good condition. Some jurisdications may limit choices in some circumstances. 

According to the NAHB survey, an EPA-certified lead-based paint inspector confirmed the presence of lead-based paint in all of the properties considered for this survey. Previous inspection reports were consulted if the inspections conformed to the HUD guidelines for lead-based paint inspections. Properties used in this survey included a single-family home in Illinois, two singlefamily homes and a duplex in Connecticut, and an apartment above a storefront in Wisconsin. 

Some commenters expressed confusion over the mechanics of this exception. The certified inspector or risk assessor determines whether components contain lead-based paint, while the renovation firm is responsible for determining which components will be affected by the renovation. A renovation firm may rely on the report of a past inspection or risk assessment that addresses the components that will be disturbed by the renovation. 

However, most commenters did not favor the use of test kits. The most commonly cited reason for not supporting this approach was the potential conflict-of-interest present in having the certified renovator be the one to determine whether or not he or she mnst use the work practices required by the rule. EPA addressed potential conflicts of interest in its lead-based paint program in the preamble to the final Lead-Based Paint Activities Regulations. That discussion outUned two reasons for not requiring that inspections or risk assessments, abatements, and post-abatement clearance testing all be performed by different entities. 

Under the current Lead-Based Paint Activities Regulations at 40 CFR, Part 745, Subpart L, both individuals and firms that perform lead-based paint inspections, lead hazard screens, risk assessments, and abatements must be certified by the U.S. Environmental Protection Agency (EPA), EPA proposed a similar, but not identical, regulatory scheme for individuals and firms that perform renovations. 

Figure 9.2 Form for the review of previous lead-based paint inspections.

Table II shows that houses in the reference area contained significantly more lead paint than houses around either the RSR or Dixie site, while the RSR area contained more than the Dixie area. Based on a visual inspection, the paint on the walls and trim areas was Intact and was not peeling, flaking, or otherwise deteriorating.

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