38 §1291. Definitions
Title 38: WATERS AND NAVIGATION
Chapter 12-B: LEAD ABATEMENT HEADING: PL 1997, C. 375, §14 (NEW)
§1291. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [1997, c. 375, §14 (NEW).]
1. Abatement. "Abatement" means any measure or set of measures designed to permanently eliminate lead-based paint hazards. "Abatement" includes, but is not limited to:
A. The removal of lead-based paint and lead-contaminated dust, the permanent enclosure or encapsulation of lead-based paint, the replacement of lead-painted surfaces or fixtures and the removal or covering of lead-contaminated soil; and [1997, c. 375, §14 (NEW).]
B. All preparation, cleanup and post-abatement clearance testing activities associated with such measures. [1997, c. 375, §14 (NEW).]
"Abatement" does not include renovation and remodeling as defined in subsection 26.
For the purpose of this subsection, "permanently" means for at least 20 years.
[ 1997, c. 375, §14 (NEW) .]
2. Accredited training program. "Accredited training program" means a training program that has been accredited by the State pursuant to rules adopted in accordance with this chapter.
[ 1997, c. 375, §14 (NEW) .]
3. Business entity. "Business entity" means a partnership, firm, association, corporation, sole proprietorship or other business concern.
[ 1997, c. 375, §14 (NEW) .]
4. Certificate. "Certificate" means a document issued to an individual by the commissioner affirming that the individual has successfully completed the training and other requirements set forth in this chapter to qualify as a lead professional.
[ 1997, c. 375, §14 (NEW) .]
5. Commercial building. "Commercial building" means any building used primarily for commercial or industrial activity that is generally not open to the public or occupied or visited by children, including, but not limited to, warehouses, factories, storage facilities, aircraft hangars, garages and wholesale distribution facilities.
[ 1997, c. 375, §14 (NEW) .]
6. Commissioner. "Commissioner" means the Commissioner of Environmental Protection.
[ 1997, c. 375, §14 (NEW) .]
7. Department. "Department" means the Department of Environmental Protection.
[ 1997, c. 375, §14 (NEW) .]
8. Design consultant. "Design consultant" means an individual engaged in preparing and supervising the implementation of plans for the removal or abatement of lead-based paint. These activities include, but are not limited to, design, inspection or monitoring of lead abatement activities; and advising building owners, contractors and project supervisors regarding lead abatement activities.
[ 1997, c. 375, §14 (NEW) .]
9. Employee. "Employee" means an individual who may be permitted, required or directed by an employer, in consideration of direct or indirect gain or profit, to engage in any employment.
[ 1997, c. 375, §14 (NEW) .]
10. In-house lead abatement unit. "In-house lead abatement unit" means the unit of a business or public entity that engages in or intends to engage in lead abatement activities or projects solely within the confines of property owned or leased by the entity and that employs one or more lead abatement supervisors for lead abatement activities.
[ 1997, c. 375, §14 (NEW) .]
11. Inspection.
[ 1997, c. 624, §9 (RP) .]
12. Interim controls. "Interim controls" means a set of measures designed to temporarily reduce human exposure or likely exposure to lead-based paint hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards and the establishment and operation of management and resident education programs.
[ 1997, c. 375, §14 (NEW) .]
13. Lead abatement contractor. "Lead abatement contractor" means a business entity that engages in or intends to engage in lead abatement activities as a business service and that employs or involves one or more project supervisors for lead abatement activities.
[ 1997, c. 375, §14 (NEW) .]
14. Lead abatement professional. "Lead abatement professional" means an individual certified by the commissioner to engage in lead-based paint activities, including, but not limited to, a lead abatement worker, a lead abatement project supervisor, a lead inspector, a lead abatement design consultant and a lead risk assessor.
[ 1997, c. 375, §14 (NEW) .]
15. Lead abatement worker. "Lead abatement worker" means an individual engaging in any lead abatement activity for any employer.
[ 1997, c. 375, §14 (NEW) .]
16. Lead-based paint. "Lead-based paint" means paint or other surface coatings that contain lead equal to or in excess of 1.0 milligrams per square centimeter or more than 0.5% by weight.
[ 1997, c. 375, §14 (NEW) .]
17. Lead-based paint activities. "Lead-based paint activities" means inspection, risk assessment, lead abatement design, lead abatement and services related to lead-based paint such as lead screening, lead determination and deleading.
[ 1997, c. 624, §10 (AMD) .]
17-A. Lead determination. "Lead determination" means an inspection of a limited portion of a building for the purpose of identifying the presence of lead-based paint.
[ 1997, c. 624, §11 (NEW) .]
17-B. Lead hazard. "Lead hazard" means any condition that may cause exposure to lead from lead-contaminated dust, lead-contaminated soil, lead-contaminated water or lead-based paint that is in poor condition.
[ 1997, c. 624, §11 (NEW) .]
17-C. Lead inspection. "Lead inspection" means a surface-by-surface assessment to determine the presence of lead-based paint.
[ 1999, c. 334, §9 (AMD) .]
18. Lead inspector. "Lead inspector" means an individual who conducts lead inspections and lead determinations.
[ 1997, c. 624, §12 (AMD) .]
19. Lead-poisoned. "Lead-poisoned" means having a confirmed elevated level of blood lead that is injurious, as defined in rules adopted by the Department of Health and Human Services.
[ 1997, c. 375, §14 (NEW); 2003, c. 689, Pt. B, §6 (REV) .]
19-A. Lead-safe. "Lead-safe" means premises do not contain lead at a level or in a condition that constitutes an environmental hazard, according to rules adopted pursuant to section 1295.
[ 2007, c. 628, Pt. B, §1 (NEW) .]
20. License. "License" means a document issued by the commissioner to a business entity or public entity, including, but not limited to, a lead abatement contractor, an in-house lead abatement unit or a lead training provider, affirming that the entity has met the requirements set forth in this chapter to engage in lead-based paint activities.
[ 1997, c. 375, §14 (NEW) .]
21. Owner or operator. "Owner" or "operator" means a person who owns, leases, operates, controls or supervises a lead abatement activity within a building, structure or facility.
[ 1997, c. 375, §14 (NEW) .]
22. Person. "Person" means any individual, business entity, governmental body or other public or private entity.
[ 1997, c. 375, §14 (NEW) .]
23. Project supervisor. "Project supervisor" means an individual with responsibility for the supervision of lead abatement activities. "Project supervisor" includes, but is not limited to, an abatement project supervisor employed by a contractor or by an in-house lead abatement unit.
[ 1997, c. 375, §14 (NEW) .]
23-A. Property owner. "Property owner" means a person, firm, corporation, guardian, conservator, trustee, executor, legal representative or registered agent who alone or jointly and severally with others owns, holds or controls the whole or any part of the freehold or leasehold interest to any property, with or without actual possession.
[ 2007, c. 628, Pt. B, §2 (NEW) .]
24. Public building. "Public building" means any building constructed before 1978, except residences and child care facilities, that is generally open to the public or occupied or visited by children, including, but not limited to, schools, day care centers, museums, airport terminals, hospitals, stores, restaurants, office buildings, convention centers and government buildings.
[ 1997, c. 375, §14 (NEW) .]
25. Public entity. "Public entity" means the State, any of its political subdivisions or any agency or instrumentality of either.
[ 1997, c. 375, §14 (NEW) .]
26. Renovation and remodeling. "Renovation and remodeling" means the replacement or reconstruction of any part of a residence in which the primary intent is to repair, restore or remodel a given structure, which may incidentally result in the reduction of lead-based paint hazards.
[ 1997, c. 375, §14 (NEW) .]
26-A. Residential dwelling. "Residential dwelling" means a room or group of rooms that form a single independent habitable unit for permanent occupation by one or more individuals that has facilities with permanent provisions for living, sleeping, eating, cooking and sanitation, including common areas and appurtenant structures. "Residential dwelling" does not include:
A. An area not used for living, sleeping, eating, cooking or sanitation, such as an unfinished basement, that is not readily accessible to children under 6 years of age; [2007, c. 628, Pt. B, §3 (NEW).]
B. A unit within a hotel, motel or seasonal or temporary lodging facility unless the unit is occupied by one or more children under 6 years of age for a period exceeding 30 days; [2007, c. 628, Pt. B, §3 (NEW).]
C. An area that is secured and inaccessible to occupants; [2007, c. 628, Pt. B, §3 (NEW).]
D. Housing for the elderly, or a dwelling unit designated exclusively for adults with disabilities. This exemption does not apply if a child under 6 years of age resides or is expected to reside in the dwelling unit or visit the dwelling unit on a regular basis; or [2007, c. 628, Pt. B, §3 (NEW).]
E. An unoccupied dwelling unit that is to be demolished, as long as the dwelling unit remains unoccupied until demolition. [2007, c. 628, Pt. B, §3 (NEW).]
[ 2007, c. 628, Pt. B, §3 (NEW) .]
27. Risk assessment. "Risk assessment" means the on-site assessment to determine the existence, nature, severity and location of lead hazards and the provision of a written report explaining the results of the assessment and the options for reducing lead hazards.
[ 1997, c. 624, §13 (AMD) .]
28. Risk assessor. "Risk assessor" means an individual who has been trained to conduct risk assessments as well as lead inspections.
[ 1997, c. 375, §14 (NEW) .]
29. Superstructure. "Superstructure" means a large steel or other industrial structure, including, but not limited to bridges or water towers.
[ 1997, c. 375, §14 (NEW) .]
30. Training manager. "Training manager" means the individual responsible for administering a training program and monitoring the performance of principal instructors and guest instructors.
[ 1997, c. 375, §14 (NEW) .]
31. Training provider. "Training provider" means a person providing training that is necessary to fulfill certification or licensing requirements under this chapter.
[ 1997, c. 375, §14 (NEW) .]
SECTION HISTORY
1997, c. 375, §14 (NEW). 1997, c. 624, §§9-13 (AMD). 1999, c. 334, §9 (AMD). 2003, c. 689, §B6 (REV). 2007, c. 628, Pt. B, §§1-3 (AMD).