For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CERTIFIED LEAD-HAZARD RISK ASSESSOR. As defined by 902 KAR 48.020.
CHEWABLE SURFACE. An interior or exterior accessible painted surface that a child can mouth or chew. Hard metal substrates and other materials that cannot be dented by the bite of a young child are not considered chewable.
CHILD TENANT. An occupant of a rental housing unit that is less than 72 months of age.
THE DEPARTMENT. For the purposes of this chapter, the Louisville Metro Department of Codes and Regulations and the Louisville Metro Department of Public Health and Wellness will be referred collectively as the Department. Both Departments shall be responsible for the administration and enforcement of this chapter unless otherwise specified.
ELEVATED BLOOD LEAD LEVEL (EBLL). Means a blood lead level greater than or equal to the currently approved Blood Lead Reference Value established by the Centers for Disease Control and Prevention.
ENCAPSULANT. Means a substance that forms a barrier between lead-based paint and the environment using a liquid-applied coating (with or without reinforcement materials) or an adhesively bonded covering material.
ENCAPSULATION. Means the application of an encapsulant.
FRICTION SURFACE. An interior or exterior surface that is subject to abrasion or friction, including, but not limited to, certain window, floor, and stair surfaces.
IMPACT SURFACE. An interior or exterior surface that is subject to damage by repeated sudden force, such as certain parts of door frames.
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.
LEAD-BASED HAZARD. As defined by 40 C.F.R. § 745.65.
LEAD-HAZARD ABATEMENT. As defined by KRS 211.9061.
LEAD-HAZARD CONTROL. Means the effectuation of interim controls and/or lead-hazard abatement so as to temporarily or permanently eliminate lead-based hazards.
LEAD-HAZARD CONTROL REPORT. Following the completion of a Lead-Hazard Evaluation or, if necessary, effectuation of lead-hazard control, a Lead-Hazard Control Report shall be completed by a Certified Lead-Hazard Risk Assessor. Such Report shall be completed by utilizing a standardized lead-hazard control form created by the Department.
The report shall require the following information be included and certified by the Assessor:
(1) That there are no lead-based hazards.
(2) Locations where future lead-based hazards may arise.
(3) Name of the certified risk assessor completing the report.
(4) Address of property.
(5) Date of evaluation.
(6) Results of visual assessment and dust wipe sample analysis.
(7) Name and address of laboratory used.
(8) Lead-hazard control methods used.
LEAD-HAZARD RISK ASSESSMENT. As defined by 902 KAR 48.040-Section 4.
MULTI-UNIT RENTAL HOUSING FACILITY. Any structure containing more than one rental housing unit.
OWNER. A person, association, corporation, partnership, and/or other legal entity having a legal or equitable title in real property.
RENTAL HOUSING UNIT. Any individual housing unit, whether a standalone unit or an individual unit within a larger multi-unit complex, that is or may be available for rent or is occupied or rented by a tenant or subtenant in exchange for consideration in any form. Housing unit means a building or portion thereof, designed for occupancy for residential purposes and having cooking and sanitary facilities. Any individual housing unit located within a larger structure, such as, but not limited to, a duplex house or apartment building, shall be considered its own rental housing unit.
A rental housing unit shall not include any of the following:
(1) A short-term rental unit as defined in § 115.515;
(2) Hotels, motels, inns, bed and breakfasts, or similar accommodations that provide lodging for transient guests;
(3) Hospitals, hospice facilities, assisted living facilities, nursing homes, and residential care facilities meeting the definition of KRS 100.982;
(4) Convents, monasteries, or other facilities occupied exclusively by religious order or congregation;
(5) Transitional housing, homeless shelters, rehabilitation homes, and other emergency or temporary shelters;
(6) Housing units owned, operated, or managed by a major educational or medical institution or by a third party for the institution;
(7) Housing units that a governmental entity or housing authority owns, operates, or manages, or those exempted by federal, state, or local law.
VISUAL ASSESSMENT. A visual examination for possible lead-based hazards, with specific attention paid to chewable surfaces, friction surfaces, impact surfaces, areas of deteriorated, chipping and/or peeling paint, and/or to areas likely to be frequented by children.
(Lou. Metro Ord. No. 183-2022, approved 12-7-2022)