§ 203.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings:
Abatement—A set of measures designed to eliminate or reduce lead-based paint hazards in accordance with standards established by the EPA.(i) The term includes the following:
(A) The 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.
(B) The preparation, cleanup, disposal and post-abatement, clearance-testing activities associated with these measures.
(C) Less-than-full abatement whereby the sources of lead contamination are reduced sufficiently to create a ‘‘lead-safe’’ environment rather than a ‘‘lead-free’’ environment.
(ii) The term does not include renovation and remodeling or landscaping activities by contractors whose primary intent is not to permanently eliminate or reduce lead-based paint hazards, but is instead to repair, restore or remodel a given structure or dwelling.
(iii) The term does not include renovation and remodeling activities conducted by homeowners in their homes.
Accessible surface—An interior or exterior surface painted with lead-based paint that is accessible for a child to mouth or chew.
Accreditation—A certificate issued by the Department permitting a person to conduct lead-based paint occupation training courses.
Act—The Lead Certification Act (35 P. S. § 5901—5916).
CDC—The United States Centers for Disease Control and Prevention.
Certification—A certificate issued by the Department permitting a person to work in a lead-based paint occupation and which contains a recent photograph of that person.
Certified contractor—A person, firm, company or institution which has been approved by the Department to perform lead-based paint activities in this Commonwealth. This term includes a ‘‘certified firm’’ as defined by the EPA’s regulation at 40 CFR 745.223 (relating to definitions).
Children—Individuals who are under 6 years of age.
Commercial building—A building constructed for the purpose of commercial or industrial activity and not primarily intended for use by the general public, including office complexes, industrial buildings, warehouses, factories and storage facilities.
Deleading—Activities conducted by a person who offers to eliminate or reduce lead-based paint or lead-based paint hazards or to plan these activities.
Demolition—Pulling down or completely destroying a building or structure or substantial removal of building elements.
Department—The Department of Labor and Industry of the Commonwealth.
Discipline—A classification for a specific lead-hazard activity.
EPA—The Environmental Protection Agency.
Friction surface—An interior or exterior surface that is subject to abrasion or friction. The term includes certain window, floor and stair surfaces.
Hazard activities—Any set of measures designed to eliminate or reduce lead hazards in accordance with standards established by the EPA and other Federal agencies.
Hazardous condition—A condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil or a 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 by the administrator of the EPA under section 403 of the Toxic Substance Control Act (15 U.S.C.A. § 2683).
HUD—The Department of Housing and Urban Development.
Impact surface—An interior or exterior surface that is subject to damage by repeated impacts; for example, certain parts of door frames.
Inspection—(i) A surface-by-surface investigation to determine the presence of lead-based paint, as provided in section 302(c) of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C.A. § 4822(c)).
(ii) The provision of a written report explaining the results of the investigation.
Inspector-risk assessor—A person trained and certified to perform all activities of the inspector-technician as well as to identify the presence of lead-based paint and to collect additional information designed to assess the level of risk to residents of target housing. The term includes a ‘‘certified risk-assessor’’ as defined by the EPA’s regulation in 40 CFR 745.223.
Inspector-technician—A person trained and certified to perform inspections solely for the purpose of determining the presence of lead-based paint through the use of onsite testing, such as XRF analysis, and the collection of samples for laboratory analysis. The term includes a ‘‘certified inspector’’ as defined by the EPA’s regulation in 40 CFR 745.223.
Lead-based paint—Paint or other surface coatings that contain lead in excess of the most current HUD standards, or in the case of paint or other surface coatings on target housing, such lower level as may be established by the Secretary of HUD under section 302(c) of the Lead-Based Paint Poisoning Prevention Act.
Lead-based paint activities—The term includes the following:(i) With respect to target housing, the term includes risk assessment, inspection and abatement.
(ii) With respect to a public building constructed before 1978, or a commercial building, bridge or other structure or superstructure, the term includes identification of lead-based paint and materials containing lead-based paint, deleading and removal of lead from bridges and demolition.
Lead-based-paint hazard—A 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, which exposure would result in adverse human health effects as established by the Department.
Nonprofit training provider—A training provider organized for a purpose not involving pecuniary profit, incidental or otherwise, to its members.
Occupations—Occupations include worker, supervisor, inspector, risk-assessor, inspector-technician, project designer and all other occupations covered by EPA and OSHA rules, regulations and guidelines on lead-based paint activities.
OSHA—The Occupational Safety and Health Administration.
Person—Any of the following:(i) An individual.
(ii) A corporation, partnership or association.
(iii) The Commonwealth, including an agency and instrumentality of the Commonwealth.
(iv) A political subdivision, including an agency or instrumentally of a political subdivision.
Planner-project designer—A person trained and certified to plan and design lead-based-paint activities. The term includes a ’’certified project designer‘‘ as defined by the EPA’s regulation in 40 CFR 745.223.
Public building—A building constructed prior to 1978 which is generally open to the public or occupied or visited by children. The term includes schools, day-care centers, museums, airport terminals, hospitals, stores, restaurants, office building, convention centers and government buildings. The term excludes target housing.
Renovation and remodeling activities—Activities whose primary intent is not to permanently eliminate or reduce lead-based-paint hazards, but is instead to repair, restore or remodel a given structure or dwelling.
Residential dwelling—The term includes the following:(i) A single-family dwelling including attached structures such as porches and stoops.
(ii) A single-family dwelling unit in a structure that contains more than one separate residential dwelling 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 residence of one or more individuals.
Risk assessment—Onsite investigation to determine and report the existence, nature, severity and location of lead hazards in residential dwellings, including the following:(i) Information gathering regarding the age and history of the housing and occupancy by children under 6 years of age.
(ii) Visual inspection.
(iii) Wipe sampling or other environmental testing and sampling techniques.
(iv) Other activity as may be appropriate.
(v) Provision of a report explaining the results of the investigation.
Secretary—The Secretary of Labor and Industry of the Commonwealth.
Superstructure—A large steel or other industrial structure, such as a bridge or water tower which might contain lead-based materials.
Supervisor—A person trained and certified to oversee lead-based paint activities on target housing and public and commercial building job sites. The term includes a ‘‘certified supervisor’’ as defined in the EPA’s regulation in 40 CFR 745.223.
Target housing—Housing constructed prior to 1978, or any zero-bedroom dwelling. The term excludes housing for the elderly or persons with disabilities unless a child who is under 6 years of age resides or is expected to reside in the housing.
XRF analyzer—A machine that utilizes X-Ray Fluorescence (XRF) to test for the presence of lead-based paint.
Worker—A person who has been trained by an accredited training program and certified under the act and this chapter to perform lead-based paint abatement activities. The term includes ‘‘certified abatement worker’’ as defined by the EPA’s regulation in 40 CFR 745.223.
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