§ 23-24.6-4 - Definitions.
SECTION 23-24.6-4
§ 23-24.6-4 Definitions. – For the purposes of this chapter:
(1) "Childhood lead poisoning" means a confirmed venous bloodlead level, measured in micrograms of lead per deciliter of whole blood,established by rule by the Rhode Island department of health based on the bestavailable information about the effects of elevated blood lead levels.
(2) "Comprehensive environmental lead inspection" means theinspection of any structure or premises for the presence of lead in variousmedia and includes sampling as may be necessary or expedient in order todetermine compliance in the structure or premises with standards for being leadsafe or lead free.
(3) "Department" means the state department of health.
(4) "Director" means the director of health.
(5) "Dwelling" means any enclosed space which is wholly orpartly used or intended to be used for living or sleeping by human occupants.
(6) "Dwelling unit" means any room or group of rooms locatedwithin a dwelling and forming a single habitable unit with facilities which areused or intended to be used for living, sleeping, cooking, and eating.
(7) "Environment intervention blood lead level" means aconfirmed concentration, in a person under six (6) years of age, of lead inwhole blood of greater than or equal to twenty (20) micrograms per deciliterfor a single test or for fifteen (15) to nineteen (19) micrograms per deciliterfor two (2) tests taken at least three (3) months apart or as defined by thedepartment consistent with regulations adopted by the U.S. Department ofHousing and Urban Development.
(8) "Environmental lead hazard reduction" means activitiesundertaken by or on behalf of a property owner in order to achieve lead free orlead safe status pursuant to the requirements of this chapter.
(9) "Inspection" means the inspection, other than acomprehensive environmental lead inspection, of any structure or premisesundertaken to determine compliance with the requirements of this chapter orwith orders issued pursuant to this chapter.
(10) "Insurer" means every medical service corporation,hospital service corporation, health maintenance organization, or otherinsurance company offering and/or insuring health services; the term includesany entity defined as an insurer under § 42-62-4.
(11) "Lead contractor" means any person or entity engaged inlead hazard reduction as a business and includes consultants who design,perform, oversee, or evaluate lead hazard reduction projects undertakenpursuant to the requirements of this chapter.
(12) "Lead exposure hazard" means a condition that presents aclear and significant health risk to occupants of the dwelling, dwelling unit,or premises, particularly where there are children under the age of six (6)years.
(13) "Lead free" means that a dwelling, dwelling unit, orpremises either contains no lead or contains lead in amounts less than themaximum acceptable environmental lead levels established by department ofhealth regulations.
(14) "Lead hazard reduction" means any action or actionsdesigned to reduce exposure to toxic levels of lead which impose anunacceptable risk of exposure in any dwelling or dwelling unit, where a childunder the age of six (6) years, with environmental intervention blood leadlevel or greater resides, or on any premises and may include, but is notlimited to: repair, enclosure, encapsulation, or removal of lead based paintand/or lead contaminated dust, soil or drinking water; relocation of occupants;and cleanup measures or ongoing maintenance measures, which may includeactivities and/or measures that do not present an undue risk to children underage six (6) and can be performed by, or on behalf of, the property owner,without the person performing such activities being licensed or certified.
(15) "Lead safe" means that a dwelling, dwelling unit, orpremises has undergone sufficient lead hazard reduction to ensure that nosignificant environmental lead hazard is present and includes but is notlimited to covering and encapsulation.
(16) "Occupant" means any person who legally resides in, orregularly uses, a dwelling, dwelling unit, or structure; provided, however,that a guest of any age shall not be considered an occupant for the purposes ofthis chapter.
(17) "Owner" means any person who, alone or jointly orseverally with others:
(i) Shall have legal title to any dwelling or dwelling unitwith or without accompanying actual possession of it, or
(ii) Shall have charge, care, or control of any dwelling ordwelling unit as owner or agent of the owner, or an executor, administrator,trustee, or guardian of the estate of the owner. Any person representing theactual owner shall be bound to comply with the provisions of this chapter andwith rules and regulations adopted pursuant to this chapter to the same extentas if that person were the owner. An agent of the owner excludes real estateand property management functions where the agent is only responsible for theproperty management and does not have authority to fund capital and/or majorproperty rehabilitation on behalf of the owner.
(iii) For purposes of publicly owned property only, the ownershall be defined to be the chief executive officer of the municipal or stateagency which owns, leases, or controls the use of the property.
(18) "Person" means any individual, firm, corporation,association, or partnership and includes municipal and state agencies.
(19) "Premises" means a platted lot or part thereof orunplatted lot or parcel of land, or plot of land, occupied by a dwelling orstructure and includes any building, accessory structure, or other structurethereon which is or will be frequently used by children under the age of six(6) years.
(20) "Program" means the comprehensive environmental leadprogram established by this chapter.
(21) "State inspector" means the director, his or herdesignee, or any inspector employed by the department of health who isauthorized by the director to conduct comprehensive environmental leadinspections and/or other inspections for the department.