Lead Abatement Work Practice Standards Enforcement Manual

Significant noncompliance violations will result in the issuance of a written notice, warning letter and/or a Notice of Violation. In addition, dependent upon the harm or potential harm the significant noncompliance violation has or may have caused, the extent of deviation from the appropriate regulations and laws and the violator’s previous compliance record the department can assess administrative penalties and pursue the option of restricting, suspending, denying and/or revoking the licensed lead professional’s license(s).

Administrative Penalties: Significant violations shall result in a notice of violation with no administrative penalty for the first identified offense, a notice of violation and administrative penalties ranging from one hundred ($100) to two hundred fifty ($250) dollars imposed against the regulated entity or individual for the second identified offense, a notice of violation and an administrative penalty of two hundred ($200) to five hundred ($500) dollars for the third identified offense, and a notice of violation and an administrative penalty of five hundred ($500) dollars for each additional identified offense within the calendar year.

General Abatement Violations

Violation: Failure to use poly at least six (6) mil in thickness. 

Violation: Failure to establish a regulated area using fencing, barrier tape or other appropriate barriers to prevent unlicensed and/or unauthorized personnel from approaching closer than twenty (20’) feet from the replacement, enclosure, encapsulation or removal operation.

Violation: Failure to post signs at all entrances to the regulated area stating, “Warning: Lead Area, Poison - No Smoking Or Eating” in bold lettering not smaller than two (2”) inches tall with additional language that prohibits entrance to the regulated area by unauthorized personnel.

Violation: Failure to shut down any heating and cooling systems within the regulated area or failure to seal any vents with six (6)-mil poly to prevent lead dust accumulation within the system.

Violation: Failure to clean all items within the regulated area by High Efficiency Particulate Air (HEPA) vacuuming and/or wet wiping with a cleaning solution and/or failure to then remove those items from the area or to cover those items with six (6)-mil poly and seal with duct tape.

Violation: Failure to place, at least, two layers of six (6)-mil poly on the floor at the base of the component and failure to extend at least ten (10’) feet beyond the perimeter of the component to be scraped, sanded or stripped.

Supervisor Violation

Violation: Failure to have a licensed lead abatement supervisor on the job site at all times, including but not limited to, work site preparation, abatement activities, and post-abatement cleanup of work areas.

Component Replacement Violations

Violation: Failure to wrap or bag the component completely in six (6)-mil poly and seal with duct tape to prevent loss of debris or dust. 

Violation: Failure to clean by HEPA vacuuming the area of replacement prior to installing a new component.

Violation: After replacement, failure to clean the regulated area by HEPA vacuuming and wiping down all surfaces with a cleaning solution, rinsing all surfaces, and then HEPA vacuuming the area again.

Interior Window Component Replacement 

Violation: Failure to establish a critical barrier containment that covers the window on the exterior. 

Violation: Failure to establish a five (5’) foot perimeter extending from the base of the interior window to be replaced. 

Violation: Failure to remove items within the perimeter or failure to cover those items to large to remove with poly sheeting and seal with duct tape. 

Violation: Failure to place, at least, one layer of six (6)-mil poly, or thicker, on the ground that extends five (5’) feet out from the base of the window.

Exterior Window Component Replacement 

Violation: Failure to establish a critical barrier containment that covers the window on the interior.

Violation: Failure to establish a five (5’) foot perimeter extending from the base of the exterior window to be replaced. 

Violation: Failure to remove items within the perimeter or failure to cover those items to large to remove with poly sheeting and seal with duct tape. 

Violation: Failure to place, at least, one layer of six (6)-mil poly, or thicker, on the ground that extends five (5’) feet out from the base of the window ensuring that all ground plants and shrubs in the perimeter are covered.

Violation: Failure to thoroughly clean all equipment in the regulated area with a cleaning solution and/or vacuumed with a HEPA vacuum prior to removal from the regulated area.

Soil Abatement Violations

Violation: Failure to replace removed soil with fill material containing no more than one hundred parts per million (100) ppm of total lead.

Violation: Failure to till soil in to a depth which results in no more than four hundred (400) ppm total lead of the homogenized soil in child-accessible areas or to a concentration approved by the department.

Violation: If covering the soil, failure to use a use a permanent soil covering, such as pavement or concrete that separates the soil from human contact.

Violation: Failure to conduct soil abatement work practice standards in a manner that prevents lead contaminated soil from being blown from the site and/or from being carried away by water run-off or through percolation to groundwater.

Enclosure Violations

Violation: Failure to place, at least, one layer of six (6)-mil poly on the floor at the base of the component and failure to extend at least ten (10’) feet beyond the perimeter of the component to be enclosed or encapsulated or the non-window component to be replaced.

Violation: Failure to label the surface to be enclosed (behind the enclosure), vertically and horizontally, approximately every two (2’) feet with a warning, “Danger: Lead-based paint,” in permanent ink.

Violation: Failure to apply the enclosure material directly onto the painted surface; or failure to apply a frame, onto the painted surface, constructed of wood or metal by use of nails, staples or screws.

Violation: Failure to use materials for the enclosure barrier that are solid and rigid enough to provide adequate protection.

Violation: Failure to use closure systems and adhesives designed to last at least twenty (20) years.

Violation: Failure to ensure that the substrate or building structure, to which the enclosure is fastened, is structurally sufficient to support the enclosure barrier for at least twenty (20) years.

Violation: Failure to seal seams, edges, and fastener holes with caulk or other sealant, providing a dust-tight system.

Violation: Failure to thoroughly clean all equipment in the regulated area with a cleaning solution and/or vacuumed with a HEPA vacuum prior to removal from the regulated area.

Violation: Failure to clean the installed enclosure and surrounding regulated area by HEPA vacuuming, wiping down all surfaces with a cleaning solution, rinsing all surfaces, and then HEPA vacuuming the area.

Violation: Failure to begin cleaning at the end of the work area farthest from the main entrance to the area and from the top to the bottom of the regulated area.

Encapsulation Violations

Violation: Use of an encapsulation work practice standard for lead abatement on any of the following surfaces and/or components: friction surfaces, deteriorated components, impact surfaces and deteriorated surface coatings that the adhesion or cohesion of the surface coating is uncertain/indeterminable or incompatible coatings.

Violation: Failure to select an encapsulant that is warrantied by the manufacturer to last for at least (20) years and comply with fire, health and environmental regulations. Use of an encapsulant on surfaces that are not structurally sound, such as loose, chipping, peeling or chalking paint, or on surfaces that have not been cleaned and have dust accumulation.

Violation: Failure to prepare and/or apply an encapsulant according to manufacturer’s recommendations.

Violation: Failure to conduct a test to determine the adhesive and cohesive properties of the encapsulant to the surface to be encapsulated prior to the general application.

Violation: Failure of a licensed lead abatement supervisor or a licensed project designer to inspect the entire encapsulated surface after the recommended curing time.

Violation: Failure to evaluate any unacceptable areas to determine if a complete failure of the encapsulation system is indicated or whether the system can be patched and repaired.

Violation: Failure to clean the regulated area by HEPA vacuuming, wiping down all surfaces with a cleaning solution, rinsing all surfaces, and then HEPA vacuuming the area once the encapsulation is completed.

Violation: Failure to thoroughly clean all equipment in the regulated area with a cleaning solution and/or vacuumed with a HEPA vacuum prior to removal from the regulated area.

Interior Removal

Violation: Failure to close all windows within and below the regulated area.

Violation: Failure to construct a critical barrier containment.

Violation: Failure to use poly at least six (6) mil in thickness.

Violation: Failure to thoroughly clean all equipment in the regulated area with a cleaning solution and/or vacuumed with a HEPA vacuum prior to removal from the regulated area.

Violation: Failure to remove and use the top layer of six (6)-mil poly to wrap and contain the debris generated by the shift at the end of each work shift.

Violation: Failure to seal the six (6) -mil poly with duct tape and keep in a secured area until final disposal.

Violation: Failure to HEPA vacuum the remaining layer of six (6)- mil poly and add another layer of six (6)- mil poly on the remaining layer before abatement resumes.

Violation: Failure to clean the regulated area by HEPA vacuuming, wiping down all surfaces with a cleaning solution, rinsing all surfaces, and then HEPA vacuuming the area once the encapsulation is completed.

Exterior Removal

Violation: Failure to use poly at least six (6) mil in thickness.

Violation: Failure to move all movable items twenty (20’) feet from working surfaces; or failure to cover items that are not readily movable with six (6)- mil poly and seal with duct tape.

Violation: Failure to place, at least, one layer of six (6)-mil poly, or thicker, on the ground that extends ten (10’) feet from the abated surface plus another five (5’) feet out for each addition ten (10’) feet in surface height over twenty (20’) feet.

Violation: Failure to ensure the poly is securely attached to the side of the building with cover provided to all ground plants and shrubs in the regulated area; protected from tearing and perforating; can contain water, including rainfall, which may accumulate during abatement; and be weighted down to prevent disruption by wind gusts.

Violation: Failure to close all windows in the regulated area and all windows within and below twenty (20’) feet of working surfaces.

Violation: Failure to cease work if constant wind speeds are greater than ten (10) miles per hour.

Violation: Failure to cease work and clean up if it begins to rain.

Violation: Failure to thoroughly clean all equipment in the regulated area with a cleaning solution and/or vacuumed with a HEPA vacuum prior to removal from the regulated area.

Violation: Failure to HEPA vacuum and clean the regulated area of lead-based paint chips, poly and other debris generated by the abatement project work at the end of each workday.

Violation: Failure to keep debris in a secured area until final disposal.

Post-abatement Clearance Violations

Violation: Failure of a licensed lead inspector or licensed risk assessor to perform a visual inspection to determine if deteriorated lead-based painted surfaces and/or visible amounts of dust, debris or residue are still present following abatement and/or failure to eliminate these conditions if found prior to the continuation of the clearance procedures.

Violation: Failure of a licensed lead inspector or licensed risk assessor to conduct clearance sampling for lead-contaminated dust and/or soil following the visual inspection and any post-abatement cleanup.

Violation: Failure of a licensed lead abatement contractor, if lead levels in a clearance dust sample exceed the clearance levels, to re-clean and test all the components represented by the failed dust sample until clearance levels are met.