Lead-Based Paint Definitions
23-001 SCOPE AND AUTHORITY: These regulations, standards and fees implement the provisions of the Residential Lead-based Paint Professions Certification Act, Neb. Rev. Stat.sections 71-6318 to 71-6331.01, and shall apply to the licensing of firms involved in lead-based paint activities in Nebraska; the accreditation of training courses for workers, supervisors, inspectors, elevated blood lead level inspectors, visual lead hazard assessors and project designers engaged in lead-based paint activities performed in Nebraska; and the certification of lead-based paint professions in Nebraska.
23-002 EXEMPTIONS: These regulations, standards and fees shall not apply in the following circumstances or to the following individuals: Persons who perform lead-based paint activities within residential dwellings that they own, unless the residential dwelling is occupied by a person or persons other than the owner or the owner's immediate family while these activities are being performed or unless a child residing in the building has been identified as having an elevated blood-lead level.
23-003 DEFINITIONS
Abatement or abatement project means any measure or set of measures designed to permanently eliminate lead-based paint hazards. Abatement includes, but is not limited to:
1. The removal of lead-based paint and lead-contaminated dust, the permanent enclosure or encapsulation of lead-based paint, the replacement of lead-painted surfaces or fixtures, and the removal or covering of lead-contaminated soil;
2. All preparation, cleanup,disposal, and post-abatement clearance testing activities associated with such measures; and 3. Projects for which there is a written contract or other documentation which provides that a firm or an individual will be conducting activities in or to a residential dwelling or child-occupied facility that (i) will result in the permanent elimination of lead-based paint hazards or (ii) are designed to permanently eliminate lead-based paint hazards and are described in 178 NAC 23-003 under abatement or abatement project;
4. Projects resulting in the permanent elimination of lead-based paint hazards conducted by firms or individuals certified in accordance with the Department unless such projects are excluded from the definition of abatement or abatement project under 178 NAC 23-003;
5. Projects resulting in the permanent elimination of lead-based paint hazards conducted by firms or individuals who or which,through company name or promotional literature, hold themselves out to be in the business of performing lead-based paint activities unless such projects are excluded from the definition of abatement or abatement project under 178 NAC 23-003; or
6. Projects resulting in the permanent elimination of lead-based paint hazards that are conducted in response to state or local abatement orders.Abatement does not include renovation,remodeling,landscaping, or other activities when such activities are not designed to permanently eliminate lead-based paint hazards but instead are designed to repair, restore, or remodel a structure or dwelling even if such activities may incidentally result in a reduction or elimination of lead-based paint hazards. Abatement does not include interim controls, operations, and maintenance activities or other measures and activities designed to temporarily but not permanently reduce lead-based paint hazards.
Accredited review course means a review course that has been accredited by the Department to provide review training for individuals engaged in lead-based paint activities.
Accredited training program means a training program that has been accredited by the Department to provide training for individuals engaged in lead-based paint activities.
Accredited training provider means a company, partnership, corporation, sole proprietorship, association, or other business entity that conducts an accredited training program or accredited review course.
Certificate of accreditation means a letter from the Department signed by the Director or the director’s designee allowing a training program to provide accredited training for the lead-based paint professions specified on the certificate.
Certification examination for elevated blood lead level investigator and visual lead hazard advisor means an examination written and administered by the Department or an authorized representative of the Department.
Certification examination for lead-based paint inspector, risk assessor, and abatement supervisor means the US Environmental Protection Agency National Certification Examination administered by the Department or an authorized representative of the Department.
Certified abatement worker means an individual who has been trained by an accredited training program and certified by the Department to perform abatement projects.
Certified elevated blood lead level investigator means an individual who has been trained by an accredited training program and certified by the Department to perform elevated blood lead level investigations.
Certified firm means a firm to which the Department has issued a certificate of approval.
Certified inspector means an individual who has been trained by an accredited training program and certified by the Department to conduct inspections and sample for the presence of lead in dust and soil for the purposes of abatement clearance testing.
Child-occupied facility means a building or portion of a building, constructed prior to 1978, visited regularly by the same child six years of age or under, on at least two different days within any seven-day period running from Sunday through Saturday, if each daily visit lasts at least three hours, the combined weekly visits last at least six hours, and the combined annual visits last at least sixty hours. Child-occupied facility may include, but is not limited to, a day-care center, a preschool, or a kindergarten classroom.
Clearance examination means 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 surface dust-lead hazards, exist in the dwelling unit or worksite. The clearance process includes a visual assessment and collection and analysis of environmental samples.
Clearance levels means the maximum allowable concentrations of lead on environmental surfaces. For post-abatement clearance the maximum level of lead in dust on horizontal surfaces are as follows: floors 100 micrograms per square foot, window sills 500 micrograms per square foot using dust wipe sampling methodology.
Common area means a portion of a building that is generally accessible to all occupants and may include, but is not limited to, a hallway, stairway, laundry or recreational room, playground, community center, garage, or boundary fence.
Component or building component means a specific design or structural element or a fixture of a building, residential dwelling, or child-occupied facility that is distinguished from others by form, function, and location and may include, but is not limited to, interior components such as ceilings, crown moldings, walls, chair rails, doors, door trim, floors, fireplaces, radiators and other heating units, shelves, shelf supports, stair treads, stair risers, stair stringers, newel posts, railing caps, balustrades, windows and trim including sashes, window heads, jambs, or sills or stools and troughs, built-in cabinets, columns, beams, bathroom vanities, counter tops, and air conditioners and exterior components such as painted roofing, chimneys, flashing, gutters and downspouts, ceilings, soffits, fascia, rake boards, cornerboards, bulkheads, doors and door trim, fences, floors, joists, lattice work, railings and railing caps, siding, handrails, stair risers and treads, stair stringers, columns, balustrades, window sills or stools and troughs, casings, sashes, and wells, and air conditioners.
Containment means a process to protect workers and the environment by controlling exposure to the lead-contaminated dust and debris created during an abatement project.
Course test blueprint means a written document identifying the proportion of the course test questions devoted to each major topic in the course curriculum.
Department means the Department of Health and Human Services Regulation and Licensure.
Deteriorated paint means paint that is cracking, flaking, chipping, peeling, or otherwise separating from the substrate of a building component.
Director means the Director of Regulation and Licensure or his or her designee.
Elevated blood-lead level means a confirmed concentration of lead in whole blood of twenty micrograms of lead per deciliter of whole blood for a single venous test or of fifteen to nineteen micrograms of lead per deciliter of whole blood in two consecutive tests taken three to four months apart.
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.
Enclosure means 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.
EPA means the United States Environmental Protection Agency.
Firm means a company, partnership, corporation, sole proprietorship, association, or other business entity that conducts lead-based paint abatement or abatement projects.
Guest instructor means an individual designated by the training program manager or principal instructor to provide instruction specific to the lecture, hands-on activities, or work practice components of a course.
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.
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 paint means paint or other surface coatings that contain lead equal to or in excess of one milligram per square centimeter or more than five-tenths of one percent by weight in a residential dwelling or child-occupied facilities.
Lead-based paint activities means, in the case of target housing and child-occupied facilities, inspection, risk assessment, and abatement.
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 paint or is present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as identified by the Director.
Lead-based paint profession means one of the specific types or categories of lead-based paint activities identified in the Residential Lead-Based Paint Professions Certification Act for which individuals may receive training from an accredited training program and become certified by the Department.
Lead-contaminated dust means surface dust in a residential dwelling or child-occupied facility that contains an area or mass concentration of lead at or in excess of 100 micrograms per square foot.
Lead-contaminated soil means bare soil on residential real property or on the property of a child-occupied facility that contains lead at or in excess of 400 parts per million (400 milligrams per kilogram).
Person means any natural or judicial person, including any individual, corporation, partnership, or association, any state, or political subdivision thereof, any interstate body, and any Department, agency, or instrumentality of the United States Government.
Principal instructor means the individual who has the primary responsibility for organizing and teaching a particular course.
Reduction means measures designed to reduce or eliminate human exposure to lead-based paint hazards through methods including interim controls and abatement.
Residential dwelling means a detached single-family dwelling unit, including attached structures such as porches and stoops, or a single-family dwelling unit in a structure that contains more than one separate residential dwelling unit which is used or occupied or intended to be used or occupied, in whole or in part, as the home or residence of one or more persons.
Risk assessment means an onsite investigation to determine the existence, nature, severity, and location of lead-based paint hazards and the provision of a report by the individual or the firm conducting the risk assessment, explaining the results of the investigation and options for reducing lead-based paint hazards.
Successfully pass means answering correctly seventy percent of the exam questions on either the certification examination or the end of course examination.
Target housing means any housing constructed prior to 1978, except housing for the elderly or persons with disabilities unless one or more children six years of age or under resides or is expected to reside in such housing for the elderly or persons with disabilities or any zero-bedroom dwelling.
Training curriculum means an established set of course topics for instruction in an accredited training program for a particular lead-based paint profession designed to provide specialized knowledge and skills.
Training program manager means the individual responsible for administering an accredited training program and monitoring the performance of principal instructors and guest instructors.
Visual assessment means looking for, as applicable: deteriorated paint, visible surface dust, debris and residue as part of a clearance examination.
Visual lead-hazard screen means a visual assessment to determine the presence of deteriorated paint or other potential sources of lead-based paint hazards in a residential dwelling or child-occupied facility. Visual lead-hazard screen includes a written report explaining the results and limitations of the assessment. The written report will be provided to the person requesting the inspection, the residents of the dwelling, and the owner of the dwelling or child-occupied facility. A certified visual lead-hazard advisor shall retain a copy of the report in his or her files for three years.
Nebraska Department of Health & Human Services
Asbestos /Lead-Based Paint Program
301Centennial Mall South P.O. Box 95026
Lincoln, Nebraska 68509-5026
Lead-Based Paint Hot Line: 888-242-1100 ext 1 in Nebraska only
Phone: (402) 471-0386 Fax: (402) 471-8833
E-mail: bobbie.mills@dhhs.ne.gov
© 2007 Nebraska Department of Health & Human Services
301 Centennial Mall South, Lincoln, Nebraska 68509 (402) 471-3121
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