The remedy available shall require that a clearance examination be completed for a property upon which a deteriorated paint violation has been cited in accordance with the following requirements.
(A) Qualified personnel. Certification of clearance shall be issued by:
(1) A certified risk assessor; or
(2) A certified lead-based paint inspector.
(B) Required activities.
(1) A clearance examination shall include a visual assessment, dust sampling, submission of samples for analysis for lead, interpretation of sampling results and preparation of a report. Examinations shall be performed in dwelling units, common areas and exterior areas in accordance with this section and the steps set forth at 40 C.F.R. § 745.227(e)(8) and (9).
(2) A visual assessment shall be performed to determine if deteriorated paint surfaces and/or visible amounts of dust, debris, paint chips or other residue are present. Both exterior and interior painted surfaces shall be examined for the presence of deteriorated paint. If deteriorated paint and visible dust, debris or residue are present in areas subject to dust sampling, they must be eliminated prior to the continuation of the clearance examination. If exterior painted surfaces have been disturbed by the hazard reduction, maintenance or rehabilitation activity, the visual assessment shall include an inspection of the ground and any outdoor living areas close to the affected exterior painted surfaces. Visible dust or debris in outdoor living areas shall be cleaned up and visible paint chips on the ground shall be removed.
(3) Dust samples shall be wipe samples and shall be taken on floors, including/excluding open porches and, where practicable, interior windowsills and window troughs. Dust samples shall be collected and analyzed in accordance with 40 C.F.R. § 745.227(f) and (g).
(C) Report. The clearance examiner shall ensure that an examination report is prepared that provides documentation of the examination.
(1) The report shall include the following information:
(a) The address of the residential property and, if only part of a multi-family property is affected, the specific dwelling units and common areas affected;
(b) The date(s) of the examination;
(c) The name, address and signature of each person performing the examination, including their EPA certification number;
(d) The results of the visual assessment for the presence of deteriorated paint and visible dust, debris, residue or paint chips;
(e) The results of the analysis of dust samples, in ug/square foot, by location of sample; and
(f) The name and address of each laboratory that conducted the analysis of dust samples, including the identification number for each laboratory recognized by EPA under § 405(b) of the Toxic Substances Control Act (15 U.S.C. § 2685(b)).
(2) When abatement is performed, the report shall be an abatement report in accordance with 40 C.F.R. § 745.227(e)(10).
(D) Clearance standards. Where a deteriorated paint or dust-lead hazard violation has been cited, the dust-lead standards in 40 C.F.R. § 745.65(b) shall be met before a certificate of occupancy may be issued or a violation removed. With respect to porches, the standard required for clearance shall be 400 ug/square foot, provided however, that if a porch is found to contain more than 40 ug/square foot, the inspector or assessor shall advise the occupants of the premises that the porch constitutes a potential lead-based paint hazard that requires continued caution and that the occupants should read and follow closely the information in the lead hazard information pamphlet regarding lead safe maintenance practices such as frequent washing and that pamphlet shall be provided to the occupants.
(E) Requirement to avoid conflict of interest regarding clearance inspection. All examinations shall be performed by persons or entities independent of those performing hazard reduction or maintenance activities.
(Ord. 2008-3, passed 3-11-2008) Penalty, see § 95.999