26.16.07.05

.05 Waivers.

A. The Department, in consultation with MSDE, may grant a waiver from the testing required under this regulation if a school submits a written request for a waiver, using a form generated by the Department, along with the required documentation that:

(1) The following two conditions have been met:

(a) All drinking water outlets in the school building were tested, no more than 5 years before the effective date of this regulation, for the presence of lead in a manner that complies with this chapter, including analysis by a certified laboratory; and

(b) All test results are at a level of 5 ppb or lower in all drinking water outlet samples;

(2) The following two conditions have been met:

(a) Students in the building do not have access to water from any drinking water outlet; and

(b) Bottled water is the only source of water for drinking water and food preparation in the school building; or

(3) A school demonstrates that the school building meets the following:

(a) The service line and all plumbing connecting the school to the water main are lead-free;

(b) All interior plumbing in the school building is lead-free; and

(c) Certification of lead-free status shall be documented on a form developed by the Department.

B. Schools are subject to all requirements of this regulation until they receive written approval from the Department granting the waiver.

C. Substantive plumbing upgrades or renovations to the school, or changes in the corrosivity of the public water supplied to the school may invalidate a waiver.

D. The school shall notify the Department within 30 days if it no longer meets the conditions of the waiver or if the conditions in §C of this regulation are met.

E. If a school notifies the Department that it no longer meets the conditions of the waiver, it is then subject to all requirements of this regulation. The school may reapply in the future if it satisfies §A of this regulation.