Title 31, Chapter 41, Section 3
As used in this chapter, the term:
(1) "Abatement" means any set of measures designed to eliminate
lead-based paint hazards, in accordance with standards developed
by the board, including:
(A) Removal of lead-based paint and lead contaminated dust, the
permanent containment or encapsulation of lead-based paint, the
replacement of lead-painted surfaces or fixtures, and the
removal or covering of lead contaminated soil; and
(B) All preparation, cleanup, disposal, and postabatement
clearance testing activities associated with such measures.
(2) "Accessible surface" means an interior or exterior surface
painted with lead-based paint that is accessible for a young child
to mouth or chew.
(2.1) "Board" means the Board of Natural Resources of the State of
(3) "Department" means the Department of Natural Resources.
(4) "Friction surface" means an interior or exterior surface that
is subject to abrasion or friction, including certain window,
floor, and stair surfaces.
(5) "Impact surface" means an interior or exterior surface or
fixture that is subject to damage by repeated impacts, for
example, certain parts of door frames.
(6) "Inspection" means a surface by surface investigation to
determine the presence of lead-based paint and the provision of a
report explaining the results of the investigation.
(7) "Interim controls" means a measure or set of measures as
specified by the board taken by the owner of a structure that are
designed to control temporarily human exposure or likely exposure
to lead-based paint hazards.
(8) "Lead-based paint" means paint or other surface coatings that
contain lead in excess of limits established by board regulation.
(9) "Lead-based paint activities" means the inspection and
assessment of lead hazards and the planning, implementation, and
inspection of interim controls and abatement activities as
determined by the department.
(10) "Lead-based paint hazard" means any condition that causes
exposure to lead from lead contaminated dust, lead contaminated
soil, or lead contaminated paint that is deteriorated or present
in accessible surfaces, friction surfaces, or impact surfaces that
would result in adverse human health effects as established
pursuant to Section 403 of the Toxic Substances Control Act.
(11) "Lead contaminated dust" means surface dust in residential
dwellings or in other facilities occupied or regularly used by
children that contains an area or mass concentration of lead in
excess of levels determined pursuant to Section 403 of the Toxic
Substances Control Act.
(12) "Lead contaminated soil" means bare soil on residential real
property or on other sites frequented by children that contains
lead at or in excess of levels determined to be hazardous to human
health pursuant to Section 403 of the Toxic Substances Control
(13) "Lead contaminated waste" means any discarded material
resulting from an abatement activity that fails the toxicity
characteristics determined by the department.
(14) "Lead firm" means a company, partnership, corporation, sole
proprietorship, association, or other business entity that employs
or contracts with persons to perform lead-based paint activities.
(15) "Lead inspector" means a person who conducts inspections to
determine the presence of lead-based paint or lead-based paint
(16) "Lead project designer" means a person who plans or designs
abatement activities and interim controls.
(17) "Lead risk assessor" means a person who conducts on-site risk
assessments of lead hazards.
(18) "Lead supervisor" means a person who supervises and conducts
abatement of lead-based paint hazards.
(19) "Lead worker" means any person performing lead hazard
(20) "Risk assessment" means an on-site investigation to determine
and report the existence, nature, severity, and location of
lead-based paint hazards in or on any structure or site,
(A) Information gathering regarding the age and history of the
structure and the occupancy or other use by young children;
(B) Visual inspection;
(C) Limited wipe sampling or other environmental sampling
(D) Other activity as may be appropriate; and
(E) Provision of a report explaining the results of the