Removal of Lead Based Paint from Exterior Surfaces (250-RICR-120-05-24)

Regulation Authority:

R.I. Gen. Laws § 42-17.1-2(19) and R.I. Gen. Laws Chapter 23-23

Purpose and Reason:

The proposed amendments are to rectify an error in the previous submission of this regulation that included the incorrect number for percent lead by weight for lead-based paint and substances. In the last submission of this regulation, the measurement of “or greater than or equal to one (1.0) mg/cm² by an X-ray fluorescence analyzer” was added, to mirror the RI Department of Health regulations. One (1.0) mg/cm² by an X-ray fluorescence analyzer is converted to 0.5 percent by weight. 

The proposed changes are: 

• 24.4.A.5. "Lead-based substance" means any paint or other surface coating material containing more than 0.5 percent lead by weight calculated as lead metal in the dried solid, or greater than or equal to one (1.0) mg/cm² by an X-ray fluorescence analyzer.

• 24.4.A.6. "Lead based paint" means any surface coating material that contains more than 0.5 percent lead by weight calculated as lead metal in the dried solid, or greater than or equal to one (1.0) mg/cm² by an X-ray fluorescence analyzer.

• 24.5-2. Removal of paint, that is not a lead based substance, from a surface shall be exempted from this Regulation. To qualify for this exemption, a representative sample of any paint, which is to be removed from any surface, must be tested prior to the initiation of paint removal and must contain no more than 0.5% lead by weight calculated as lead metal in the dried solid, or greater than or equal to one (1.0) mg/cm² by an X-ray fluorescence analyzer. The person performing the paint removal operation is responsible for determining if lead paint is present on the structure. Paint removal operations which are exempt from the requirements of this Regulation must comply with the requirements of Part 5 of this Subchapter (Fugitive Dust).