For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABATEMENT.
(1) Any set of measures designed to permanently eliminate lead-based paint or lead-based paint hazards (see definition of PERMANENT).
(2) ABATEMENT includes:
(a) The removal of lead-based paint and dust-lead hazards, the permanent enclosure or encapsulation of lead-based paint, the replacement of components or fixtures painted with lead-based paint and the removal or permanent covering of soil-lead hazards; and
(b) All preparation, cleanup, disposal and post abatement clearance testing activities associated with the measures.
CERTIFIED. Licensed or certified to perform activities as risk assessment, lead-based paint inspection, or abatement supervision by the United States Environmental Protection Agency (EPA) in accordance with 40 C.F.R. Part 745, Subpart L.
CERTIFIED LEAD-BASED PAINT INSPECTOR. An individual who has been trained by an accredited training program, as defined by 40 C.F.R. § 745.223, and certified by EPA pursuant to 40 C.F.R. § 745.226 to conduct lead-based paint inspections. A certified lead-based paint inspector also samples for the presence of lead in dust and soil for the purpose of clearance testing.
CERTIFIED RISK ASSESSOR. An individual who has been trained by an accredited training program, as defined by 40 C.F.R. § 745.223, and certified by EPA pursuant to 40 C.F.R. § 745.226 to conduct risk assessments. A CERTIFIED RISK ASSESSOR also samples for the presence of lead in dust and soil for the purposes of clearance testing.
CHEWABLE SURFACE. An interior or exterior surface painted with lead-based paint that a young child can chew. A CHEWABLE SURFACE is the same as an accessible surface as defined in 42 U.S.C. § 4851b(2). Hard metal substrates and other materials that cannot be dented by the bite of a young child are not considered chewable.
CLEARANCE EXAMINATION. An activity conducted following lead-based paint hazard reduction activities to determine that the hazard reduction activities are complete and that no soil-lead hazards or settled dust-lead hazards, as defined in this section, exist in the dwelling unit or worksite.
COMMON AREA. A portion of a residential property that is available for use by occupants of more than one dwelling unit. Such an area may include, but is not limited to, hallways, stairways, laundry and recreational rooms, playgrounds, community centers, on-site day care facilities, porches, basements, attics, garages and boundary fences.
COMPONENT. An architectural element of a dwelling unit or common area identified by type and location, such as a bedroom wall, an exterior window sill, a baseboard in a living room, a kitchen floor, an interior window sill in a bathroom, a porch floor, stair treads in a common stairwell or an exterior wall.
CONTAINMENT. The physical measure taken to ensure that dust and debris created or released during lead-based paint hazard reduction are not spread, blown or tracked from inside to outside the worksite.
DETERIORATED PAINT. Any interior or exterior paint or other coating that, through a visual assessment, is found to peel, chip, flake, chalk or crack, or any paint or coat located on an interior or exterior surface or fixture that is otherwise damaged or separated from the substrate, or a chewable surface that contains visual signs of chewing.
DRIPLINE. The area within three feet surrounding the perimeter of a building.
DRY SANDING. Sanding without moisture and includes both hand and machine sanding.
DUST-LEAD HAZARD. Surface dust that contains a dust-lead loading (area concentration of lead) at or exceeding levels promulgated by the EPA pursuant to § 403 of the Toxic Substances Control Act.
DWELLING UNIT.
(1) Single-family dwelling, including attached structures such as porches and stoops; or
(2) Housing unit in a structure that contains more than one separate housing unit, and in which each unit is used or occupied, or intended to be used or occupied, in whole or in part, as the home or separate living quarters of one or more persons.
ENCAPSULATION. The application of a cover or coat that serves as a barrier between the lead-based paint and environment and is dependent that relies for its durability on adhesion between the encapsulant and the painted surface, and on the integrity of the existing bonds between paint layers and between the paint and the substrate. ENCAPSULATION may be used as a method of abatement if it is designed and performed so as to be permanent.
ENCLOSURE. The use of rigid, durable construction materials that are mechanically fastened to the substrate in order to act as a barrier between lead-based paint and the environment. ENCLOSURE may be used as a method of abatement if it is designed to be permanent.
EVALUATION. Risk assessment, a lead hazard screen, a lead-based paint inspection, paint testing or a combination of these to determine the presence of lead-based paint hazards or lead-based paint.
FRICTION SURFACE. An interior or exterior surface subject to abrasion or friction, including, but not limited to, certain window, floor and stair surfaces.
g. Gram.
HAZARD REDUCTION. A measure designed to reduce or eliminate human exposure to lead-based paint hazards through methods including interim controls or abatement or a combination of the two.
HEPA VACUUM. A vacuum cleaner with a high-efficiency particulate air (HEPA) filter through which contaminated air flows. A HEPA filter is one that captures at least 99.97% of airborne particles of at least 0.3 micrometers in diameter.
IMPACT SURFACE. An interior or exterior surface subject to damage by repeated sudden force, such as certain parts of door frames.
INTERIM CONTROLS. A set of measures designed to reduce human exposure or likely exposure to lead-based paint hazards. INTERIM CONTROLS include, but are not limited to, repairs, painting, temporary containment, specialized cleaning, clearance, ongoing lead-based paint maintenance activities and the establishment and operation of management and resident education programs.
LEAD-BASED PAINT. Paint or other surface coatings that contain lead equal to or exceeding 1.0 milligram per square centimeter or 0.5% by weight or 5,000 parts per million (ppm) by weight.
LEAD-BASED PAINT HAZARD. Any condition that causes exposure to lead from dust-lead hazards, soil-lead hazards or lead-based paint that is deteriorated or present in chewable surfaces, friction surfaces or impact surfaces, and that would result in adverse human health effects.
LEAD-BASED PAINT INSPECTION. 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.
LEAD HAZARD INFORMATION PAMPHLET. The most recent publication of the developed by the EPA, the United States Department of Housing and Urban Development and the Consumer Product Safety Commission pursuant to § 403 of the Toxic Substances Control Act (15 U.S.C. § 2686), entitled Protect Your Family From Lead in Your Home.
mg. Milligram; thousandth of a gram.
OCCUPANT. A person who inhabits a dwelling unit.
OWNER. A person, firm, corporation, nonprofit organization, partnership, government, guardian, conservator, receiver, trustee, executor or other judicial officer, or other entity which, alone or with others, owns, holds or controls the freehold or leasehold title or part of the title to property, with or without actually possessing it. The definition includes a vendee who possesses title, but does not include a mortgagee or an owner of an opposing interest under a ground rent lease.
PAINT REMOVAL. A method of abatement that permanently eliminates lead-based paint from surfaces.
PAINT STABILIZATION. Repair any physical defect in the substrate of a physical defect painted surface that is causing paint deterioration, removing loose paint and other material from the surface to be treated, and applying a new protective coating or paint.
PAINTED SURFACE TO BE DISTURBED. A paint surface that is to be scraped, sanded, cut, penetrated or otherwise affected by rehabilitation work in a manner that could potentially creates a lead-based paint hazard by generating dust, fumes or paint chips.
PAINT TESTING. The process of determining, by a certified lead- based paint inspector or risk assessor, the presence or absence of lead-based paint on deteriorated paint surfaces or painted surfaces to be disturbed or replaced.
PERMANENT. An expected design life of at least 20 years.
PORCH, OPEN. An open structure projecting from the exterior wall of a building and having at least 70% of the total area of the vertical planes forming its perimeter unobstructed in any manner except by screen between floor and ceiling.
REDUCTION. Measures designed to reduce or eliminate human exposure to lead-based paint hazards through methods including interim controls and abatement.
REHABILITATION. The improvement of an existing structure through alterations, additions or enhancements. REHABILITATION includes repairs necessary to correct the results of deferred maintenance, replacement of fixtures and components, improvements to increase the efficient use of energy and installation of security devices.
REPLACEMENT. A strategy of abatement that entails removal of building components that have surfaces coated with lead-based paint and installation of new components free of lead-based paint.
RESIDENTIAL PROPERTY. A dwelling unit, common area, building exterior surface and any surrounding land, including outbuildings, fences and play equipment affixed to the land, belonging to an owner and available for use by residents, but not including land used for agricultural, commercial, industrial or other nonresidential purposes and not including paint on the pavement of parking lots, garages or roadways.
RISK ASSESSMENT.
(1) An on-site investigation to determine the existence, nature, severity and location of lead-based paint hazards; and
(2) Provision of a report by an individual or firm conducting risk assessment which explain results of the investigation and options for reducing lead-based paint hazards.
SOIL-LEAD HAZARD. Bare soil on residential property that contains lead equal to or exceeding levels promulgated by the United States Environmental Protection Agency pursuant to § 403 of the Toxic Substances Control Act.
TENANT. The individual named as the lessee in a lease, rental agreement or occupancy agreement for a dwelling unit.
ug. Microgram; millionth of a gram.
VISUAL ASSESSMENT. An examination for, as applicable:
(1) Deteriorated paint;
(2) Visible surface dust, debris and residue found as part of an inspection pursuant to § 95.005, a risk assessment or clearance examination;
(3) The completion or failure of a lead-based paint hazard reduction measure as part of a clearance examination.
WET SANDING or WET SCRAPING. A process to remove loose paint in which the painted surface to be sanded or scraped is kept wet to minimize dispersal of paint chips and airborne dust.
WINDOW TROUGH. An area between the interior window sill (stool) and the storm window frame. If there is no storm window, the window trough is the area that receives both the upper and lower window sashes when they are both lowered.
WIPE SAMPLE. A sample collected by wiping a representative surface of known area, as determined by ASTM E1728, Standard Practice for Field Collection of Settled Dust Samples Using Wipe Sampling Methods for Lead Determination by Atomic Spectrometry Techniques, or equivalent method, with an acceptable wipe material as defined in ASTM E 1792, Standard Specification for Wipe Sampling Materials for Lead in Surface Dust.
WORKSITE. An interior/exterior area where lead-based paint hazard reduction activity takes place. There may be more than one worksite in a dwelling unit or at a residential property.
(Ord. 2008-3, passed 3-11-2008)