§ 130A-131.7. Definitions. - North Carolina Statutes - USA Laws Searching

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§ 130A-131.7. Definitions.

§ 130A‑131.7. Definitions.

The following definitionsapply in this Part:

(1)        "Abatement"means undertaking any of the following measures to eliminate a lead‑basedpaint hazard:

a.         Removing lead‑basedpaint from a surface and repainting the surface.

b.         Removing acomponent, such as a windowsill, painted with lead‑based paint andreplacing the component.

c.         Enclosing a surfacepainted with lead‑based paint with paneling, vinyl siding, or anotherapproved material.

d.         Encapsulating asurface painted with lead‑based paint with a sealant.

e.         Any other measureapproved by the Commission.

(2)        "Child‑occupiedfacility" means a building, or portion of a building, constructed before1978, regularly visited by a child who is less than six years of age. Child‑occupiedfacilities may include, but are not limited to, child care facilities,preschools, nurseries, kindergarten classrooms, schools, clinics, or treatmentcenters including the common areas, the grounds, any outbuildings, or otherstructures appurtenant to the facility.

(3)        "Confirmed leadpoisoning" means a blood lead concentration of 20 micrograms per deciliteror greater determined by the lower of two consecutive blood tests within a six‑monthperiod.

(4)        "Department"means the Department of Environment and Natural Resources or its authorizedagent.

(5)        "Elevated bloodlead level" means a blood lead concentration of 10 micrograms perdeciliter or greater determined by the lower of two consecutive blood testswithin a six‑month period.

(6)        "Lead‑basedpaint hazard" means a condition that is likely to result in exposure tolead‑based paint or to soil or dust that contains lead at a concentrationthat constitutes a lead poisoning hazard.

(7)        "Lead poisoninghazard" means any of the following:

a.         Any lead‑basedpaint or other substance that contains lead in an amount equal to or greaterthan 1.0 milligrams lead per square centimeter as determined by X‑rayfluorescence or five‑tenths of a percent (0.5%) lead by weight asdetermined by chemical analysis: (i) on any readily accessible substance orchewable surface on which there is evidence of teeth marks or mouthing; or (ii)on any other deteriorated or otherwise damaged interior or exterior surface.

b.         Any substance thatcontains lead intended for use by children less than six years of age in anamount equal to or greater than 0.06 percent (0.06%) lead by weight asdetermined by chemical analysis.

c.         Any concentration oflead dust that is equal to or greater than 40 micrograms per square foot onfloors or 250 micrograms per square foot on interior windowsills, vinylminiblinds, bathtubs, kitchen sinks, or lavatories.

d.         Any lead‑basedpaint or other substance that contains lead on a friction or impact surfacethat is subject to abrasion, rubbing, binding, or damage by repeated contactand where the lead dust concentrations on the nearest horizontal surfaceunderneath the friction or impact surface are equal to or greater than 40micrograms per square foot on floors or 250 micrograms per square foot oninterior windowsills.

e.         Any concentration oflead in bare soil in play areas, gardens, pet sleeping areas, and areas withinthree feet of a residential housing unit or child‑occupied facility equalto or greater than 400 parts per million. Any concentration of lead in bare soilin other locations of the yard equal to or greater than 1,200 parts permillion.

f.          Any ceramic waregenerating equal to or greater than three micrograms of lead per milliliter ofleaching solution for flatware or 0.5 micrograms of lead per milliliter forcups, mugs, and pitchers as determined by Method 973.32 of the Association ofOfficial Analytical Chemists.

g.         Any concentration oflead in drinking water equal to or greater than 15 parts per billion.

(8)        "Lead‑safehousing" is housing that was built since 1978 or has been tested by aperson that has been certified to perform risk assessments and found to have nolead‑based paint hazard within the meaning of the Residential Lead‑BasedPaint Reduction Act of 1992, 42 U.S.C. § 4851b(15).

(9)        "Maintenancestandard" means the following:

a.         Using safe workpractices, repairing and repainting areas of deteriorated paint inside aresidential housing unit and for single‑family and duplex residentialdwelling built before 1950, repairing and repainting areas of deterioratedpaint on interior and exterior surfaces;

b.         Cleaning theinterior of the unit to remove dust that constitutes a lead poisoning hazard;

c.         Adjusting doors andwindows to minimize friction or impact on surfaces;

d.         Subject to theoccupant's approval, appropriately cleaning any carpets;

e.         Taking such steps asare necessary to ensure that all interior surfaces on which dust might collectare readily cleanable; and

f.          Providing theoccupant or occupants all information required to be provided under theResidential Lead‑Based Paint Hazard Reduction Act of 1992, and amendmentsthereto.

(10)      "Managingagent" means any person who has charge, care, or control of a building orpart thereof in which dwelling units or rooming units are leased.

(11), (12)     Repealedby Session Laws 2003‑150, s. 1, effective July 1, 2003.

(13)      "Readilyaccessible substance" means any substance that can be ingested or inhaledby a child less than six years of age. Readily accessible substances includedeteriorated paint that is peeling, chipping, cracking, flaking, or blisteringto the extent that the paint has separated from the substrate. Readilyaccessible substances also include soil, water, toys, vinyl miniblinds,bathtubs, lavatories, doors, door jambs, stairs, stair rails, windows, interiorwindowsills, baseboards, and paint that is chalking.

(14)      "Regularlyvisits" means the presence at a residential housing unit or child‑occupiedfacility on at least two different days within any week, provided that eachday's visit lasts at least three hours and the combined weekly visits last atleast six hours, and the combined annual visits last at least 60 hours.

(15)      "Remediation"means the elimination or control of lead poisoning hazards by methods approvedby the Department.

(16)      "Residentialhousing unit" means a dwelling, dwelling unit, or other structure, all orpart of which is designed or used for human habitation, including the commonareas, the grounds, any outbuildings, or other structures appurtenant to theresidential housing unit.

(17)      "Supplementaladdress" means a residential housing unit or child‑occupied facilitywhere a child with confirmed lead poisoning regularly visits or attends.Supplemental address also means a residential housing unit or child‑occupiedfacility where a child resided, regularly visited, or attended within the sixmonths immediately preceding the determination of confirmed lead poisoning. (1997‑443, ss. 11A.123,15.30(b); 1998‑209, s. 2; 2003‑150, s. 1.)