Interpretive Guidance Issues

1. Interpretive Guidance Issues Jay Wagar Certification and Compliance Officer

2. A-35. Question: Can a limited or “partial” Inspection be performed for lead abatement purposes? Response: Last year we said yes, but now we are saying no, when dealing with lead abatement projects

3. A-36. Question: Can a partial or limited lead paint inspection be done for RRP renovation projects? Response: The 2012 Revised HUD Guidelines allow for “Selective Testing” (Page 5-13), but it indicates it is only allowable for “Rehabilitation or other renovation or maintenance activities.” The State of Michigan does not have authority to regulate renovation projects, but the State does have the authority to regulate lead inspectors and risk assessors that do the testing. • continued

4. The State also regulates what constitutes a lead inspection. The Michigan Lead Abatement Act 333.5457(4) defines an inspection as: “a surface-by-surface investigation to determine the presence of lead-based paint in target housing or child-occupied facility, and the provision of a report explaining the results of the investigation.” To perform a limited lead paint inspection in Michigan the certified lead identification

5. professional must apply to the section in writing (which may be mailed, faxed or emailed), for a waiver of normal rules to conduct a limited scope inspection of a dwelling to accommodate the individual needs of a client for a renovation project. The smallest unit of a dwelling for which an application may be made is one room.The applicant must provide information deemed necessary by the department when making the application and must justify the circumstances necessitating a limited scope identification activity. The limitations of the inspection must be made clear in the resulting report and the

6. homeowner urged not to generalize any information contained therein past the specific areas tested.

7. Highlights of Policy • Limited scope paint testing will be granted for Renovation projects only. • Limited scope paint testing will not be granted for real estate transaction purposes, financial lending purposes or insurance purposes. • We will develop a form for the information we want concerning limited scope paint testing.

8. Require inspectors to include a prominent and clear disclaimer that the limited paint testing cannot be used to characterize any part of the home other than the tested components. • Limited scope paint testing can be for no more than half of the rooms in the house. This is not to be confused with needing to test only half of a room which they are concerned with. All painted components must be tested within a room.

9. The only exception to number “5” above would be if only windows were being done. Each window and any surfaces to be disturbed would need to be tested. • If an inspector/risk assessor is being hired to do a limited scope inspection for renovation purposes then he must use an XRF or take a paint chip. • Anyone hired to do a limited scope lead inspection for renovation purposes must be certified as lead inspector or risk assessor by MDCH.

10. Where We Go From Here • HHS will accept comments written or oral, but written are better • HHS will finalize and publish policy by October 2014 • HHS will develop a Limited Paint Testing form

11. Other Issues • Using XRF to Shoot Through Carpets • Risk Assessment vs. Risk Assessment Plus vs. Lead Inspection/Risk Assessment Combination

12. Contact Information • Jay A. Wagar – Certification and Compliance Officer • Ph: 517-335-8466 • Email: wagarj@michigan.gov