Ala. Admin. Code r. 420-3-27-.03

Current through Register Vol. 43, No. 1, October 31, 2024

Section 420-3-27-.03 - Definitions

(1)Abatement - any measure or set of measures designed to permanently eliminate lead-based paint hazards. Abatement includes, but is not limited to:

(a) 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 or the removal or covering of lead-contaminated soil; and

(b) All preparation, cleanups, disposal and post-abatement clearance testing activities associated with such measures.

(c) Specifically, abatement includes, but is not limited to:

1. Projects for which there is a written contract or other documentation, which provides that an individual or firm certified in accordance with this rule, will be conducting activities in or to a residential dwelling or a child-occupied facility that are designed to or will permanently eliminate lead-based paint hazards.

2. Projects resulting in the permanent elimination of lead-based paint hazards conducted by firms or individuals certified in accordance with this rule, unless such projects are covered by paragraph (d) of this definition.

3. Projects resulting in the permanent elimination of lead-based paint hazards, conducted by firms or individuals who, through their company name or promotional literature, represent, advertise, or hold themselves out to be in the business of performing lead-based paint activities as identified and defined by this section, unless such projects are covered by paragraph (d) of this definition.

4. Projects resulting in the permanent elimination of lead-based paint hazards, including lead-based paint and lead-contaminated dust or soil, that are conducted in response to state or local abatement orders.

(d) 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 given structure or dwelling, even though these activities may incidentally result in a reduction or elimination of lead-based paint hazards. Furthermore, 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.

(e) Federally assisted housing and community development programs conducted in compliance with the U.S. Department of Housing and Urban Development Lead-Safe Final Rule 24 CFR Part 35 shall be considered to meet the requirements of this chapter.

(2)Accredited Abatement Worker - an individual who has been trained by an accredited training program, as defined in this section, and registered by Safe State to perform abatement.

(3)Accredited Individual - an individual who engages in lead hazard reduction activities, who has successfully completed a Safe State accredited lead training course appropriate for the type or category of lead hazard reduction activity to be provided, who meets all other personal accreditation requirements established by Safe State under this act, and who holds a valid registration in the state accreditation registry maintained by Safe State for the relevant type or category of lead hazard reduction activity. To perform any lead hazard reduction activities an accredited individual shall be certified by the Department pursuant to 420-3-27-.04 (Certification of Firms).

(4)Accredited Lead-Based Paint Inspector - an individual who has been trained by an accredited training program, as defined in this section, and registered by Safe State to conduct inspections to identify lead-based paint. An accredited lead-based paint, and certified by the Department pursuant to 420-3-27-.0 (Certification of Firms) to perform lead inspections. An accredited lead-based paint inspector also samples for the presence of lead in dust and soil for the purpose of abatement clearance testing.

(5)Accredited Project Designer - an individual who has been trained by an accredited training program, as defined in this section, and registered by Safe State to prepare abatement project designs, occupant protection plans, and post-abatement reports for lead abatement projects, and certified by the Department pursuant to 420-3-27-.04 (Certification of Firms) to perform abatement project designs.

(6)Accredited Risk Assessor - an individual who has been trained by an accredited training program, as defined in this section, and registered by Safe State to conduct risk assessments, and certified by the Department pursuant to 420-3-27-.04 (Certification of Firms) to perform risk assessments. A risk assessor also samples for the presence of lead in dust and soil for the purpose of identifying lead hazards and abatement clearance testing.

(7)Accredited Supervisor - an individual who has been trained by an accredited training program, as defined in this section, and registered by Safe State to supervise and conduct abatements, lead-based paint hazard control and to prepare occupant protection plans and post-abatement reports, and certified by the Department pursuant to 420-3-27-.04 (Certification of Firms) to perform abatements.

(8)Accredited Training Program - a training program that has been accredited either by Safe State or a state or tribe which Alabama has a written reciprocal agreement to provide training for individuals engaged in lead hazard reduction activities.

(9)Adequate Quality Control - a plan or design which ensures the authenticity, integrity, and accuracy of samples including dust, soil, and paint chip or paint fil samples. Adequate quality control also includes provision for representative sampling.

(10)Administrative Procedures Act - The Alabama Administrative Procedures Act, § 41-22-1, et seq., Code of Ala. 1975.

(11)Available - being present at a work-site or reachable by telephone, pager, or answering service at all times when abatement activities are being conducted, and able to be present at the work site within 1 hour after notification.

(12)Board - the State Board of Health as defined in § 22-2-1, et seq., Code of Ala. 1975.

(13)Certified Firm - a company, partnership, corporation, sole proprietorship, association, or other business entity that has submitted documentation to the Department stating that all its employees performing lead hazard reduction activities have received training from an accredited training program and registered by Safe State; and has been issued a certificate from the Department.

(14)Chewable Surface - means the interior or exterior surface painted with lead-based paint that a young 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.

(15)Child-Occupied Facility - a building, or portion of a building constructed prior to 1978, visited regularly by the same child, 6 years of age or under, on at least 2 different days within the same week (Sunday through Saturday period), provided each day's visit lasts at least 3 hours and the combined weekly visits last at least 6 hours, and the combined annual visits last at least 60 hours. Child-occupied facilities include, but are not limited to, day-care centers, preschools, and kindergarten classrooms. Child-occupied facilities may be located in target housing or in public or commercial buildings. With respect to common areas in public or commercial buildings that contain child-occupied facilities, the child- occupied facility encompasses only those common areas that are routinely used by children under age 6, such as restrooms and cafeterias. Common areas that children under age 6 only pass through, such as hallways, stairways, and garages are not included. In addition, with respect to exteriors of public or commercial buildings that contain child-occupied facilities, the child-occupied facility encompasses only the exterior of the building that are immediately adjacent to the child-occupied facility or the common areas routinely used by children under age 6 as defined in 40 CFR § 745.103 (Definitions).

(16)Clearance Levels - values that indicate the maximum amount of lead permitted in soil or surface dust following completion of an abatement activity as identified by EPA, pursuant to 15 USC § 2683.

(17)Clearance Sampling - a visual assessment and dust sample collection or soil sampling performed by an accredited lead-based paint inspector or risk assessor.

(18)Common Area - a portion of a building that is generally accessible to all occupants. Such an area may include, but is not limited to, hallways, stairways, laundry and recreational rooms, playgrounds, community centers, garages, boundary fences or outbuildings.

(19)Component or Building Component - specific design or structural elements or fixtures of a building, residential dwelling, or child-occupied facility that are distinguished from each other by form, function, and location. These include, but are not limited to, interior components such as: ceilings, crown molding, 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, sills, 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 down spout, ceilings, soffits, fascias, rake boards, corner boards, 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, casings, sashes, wells, and air conditioners.

(20)Containment - a process to protect workers, occupants and the environment by controlling exposures to the lead-contaminated dust and debris created during abatement activities.

(21)Department - the Alabama Department of Public Health.

(22)Deteriorated Paint - any interior or exterior paint or other coating that is peeling, chipping, chalking, cracking, or otherwise separating from the substrate of a building component.

(23)Discipline - one of the specific types or categories of lead hazard reduction activities identified in these rules for which individuals may receive training from accredited programs and become registered by Safe State. Includes, but not limited to supervisors, project designers, inspectors, risk assessors and abatement workers.

(24)Dust Sample Collection - a procedure using wipe sampling to collect samples of dust from surfaces for the purpose of determining if the dust is contaminated with lead or lead-based paint.

(25)Elevated Blood Lead Level (EBLL) - a single blood lead test at or above the blood lead reference value established by the Centers for Disease Control and Prevention.

(26)Encapsulation - the application of a liquid applied product (with or without reinforcement materials) or an adhesively bonded covering material which covers, seals, and forms a permanent barrier between lead-based paint and the environment in a manner which is designed to reduce human exposure to lead and is warranted by the manufacturer to perform for at least 20 years as a durable barrier.

(27)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.

(28)EPA - the United State Environmental Protection Agency.

(29)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.

(30)Health Officer - the State Health Officer of the State of Alabama Department of Public Health or a County Health Officer as provided in Code of Ala. 1975, § 22-2-8 and 22-3-4; or his/her authorized representatives and any officer or agent or employee of the Department authorized to act for the Department with respect to the enforcement and administration of these rules.

(31)HUD - the United State Department of Housing and Urban Development.

(32)Impact Surface - an interior or exterior surface that is subject to damage by repeated sudden force such as certain parts of door frames.

(33)Inspection - See Lead-Based Paint Inspection.

(34)Interim Control - a measure or set of measures designed to temporarily 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, ongoing lead-based paint maintenance activities, and the establishment and operation of management and resident education programs.

(35)Large-Scale Abatement Project - is a project consisting of five or more dwelling units under the same contractor with the abatement cost totaling $10,000 or more. A design prepared by a project designer employed by an Alabama certified firm is required for all large-scale abatement projects.

(36)Lead-Based Paint - paint or other surface coatings that contain lead equal to or in excess of 1.0 milligrams per square centimeter (1.0 mg/cm²) or 0.5 percent by weight unless other standards are established by the EPA, which will be adopted by reference.

(37)Lead-Based Paint Free - means a status or designation for target housing or child-occupied facilities in which a written determination has been made by an accredited lead-based paint inspector or risk assessor that all components are free of paint or other surface coatings that contain lead equal to or in excess of 1.0 mg/cm² or 0.5 percent by weight, or more stringent criteria as set by EPA which shall be adopted by reference for the purpose of this definition.

(38)Lead-Based Paint Hazard - any condition that causes exposure to lead from lead-contaminated dust, lead contaminated soil, or lead-contaminated paint that is deteriorated or subject to deterioration or damage or is present on accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects identified by an accredited lead risk assessor pursuant to the Toxic Substances Control Act, (TSCA) §403, as amended and 40 CFR.745.65.

(39)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.

(40)Lead-Contaminated Dust - surface dust in residential dwellings, or child-occupied facilities that contains an area or mass concentration of lead at or exceeding levels identified by the Department to follow EPA current guidelines.

(41)Lead-Contaminated Soil - bare soil on residential real estate property and on the property of a child-occupied facility that contains lead at or exceeding levels identified by the Department to follow EPA current guidelines.

(42)Lead Hazard Reduction Contractor - any person operating as a firm that employs individuals to perform lead hazard reduction activities. Firms include consultants who design, perform, oversee, or evaluate lead hazard reduction projects as well as self-employed individuals who engage in lead-hazard reduction activities.

(43)Lead Hazard Reduction Activities - activities designed to reduce human exposure to lead in residences or child occupied facilities and include lead-based paint inspections, risk assessments, enclosure, encapsulation, component removal, or removal of lead-based paint or lead contamination, or both, clearance sampling following abatement, the design and planning of such activities, and other related activities as established in Title IV of the Toxic Substances Control Act, as amended.

(44)Lead Hazard Screen - a limited risk assessment activity that involves limited paint and dust sampling as described in Section 420-3-27-.10(7).

(45)Living Area - areas of a residential dwelling used by one or more children 6 years of age or under, including, but not limited to, living rooms, kitchen areas, dens, play rooms, and children's bedrooms.

(46)Multi-Family Dwelling - a structure that has 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.

(47)Paint In Poor Condition - more than 10 square feet of deteriorated paint on exterior components with large surface areas; or more than 2 square feet of deteriorated paint on interior components with large surface areas (e.g., walls, ceilings, floors, doors); or more than 10 percent of the total surface area of the component is deteriorated on interior or exterior components with small surface areas (e.g., window sills, baseboards, soffits, trim).

(48)Permanently Covered Soil - soil which has been separated from human contact by the placement of a barrier consisting of solid, relatively impermeable materials, such as pavement or concrete. Grass, mulch, and other landscaping materials are not considered permanent covering.

(49)Person - individuals, firms, corporations, partnerships, commissions, state agencies, county governmental bodies, municipalities, parties, companies, associations, or any other private or public legal entities; any Indian Tribe; any interstate body; any department, agency, or instrumentality of the federal government.

(50)Project - for the purpose of this rule, a project is an abatement of lead-based paint from one or more single family residential dwelling units, multi-family residential dwelling units, (including attached structures and outbuildings), child occupied facilities, or any combination located within the same local government jurisdiction and submitted under a common project notification.

(51)Project Design - a written or graphic plan, to be included as part of an abatement contract, prepared by a Safe State registered project designer specifying how an abatement project is to be conducted. The design must include, at a minimum, the scope of work, cost allocation or similar document, technical specifications, lead-based paint hazard control methods, interior dust abatement and cleanup methods, requirements for clearance sampling or testing, waste disposal, and integration of lead hazard reduction activities with modernization and rehabilitation projects. The registered project designer's signature and accreditation number shall be on all such lead abatement designs.

(52)Registered Individual - a person such as an accredited abatement worker, supervisor, lead-based paint inspector, risk assessor, project designer, or other individual involved in lead hazard reduction activities who has been accredited by Safe State or by a state or tribe with which Alabama has entered into a written reciprocal agreement and who is registered in the Registry.

(53)Registry - the Alabama statewide "Registry of Lead Hazard Reduction Activities Training Courses and Individuals" maintained by Safe State.

(54)Renovation/Remodeling - modification of all or part of any existing structure in housing that disturbs a painted surface, including:

(a) Modification of painted surfaces, components, or structures;

(b) Surface preparation activities (sanding, scraping, or other activities that may create dust); or

(c) Any other activities that disturb painted surfaces unless those surfaces have been found to be lead-based paint free by a Safe State registered lead based-paint inspector or risk assessor.

(55)Residential Dwelling - target housing that is:

(a) A detached single-family dwelling unit, including any attached or unattached structures located within the same lot line such as porches and stoops, garages, play equipment, and fences.

(b) A single family dwelling unit in a structure that contains more than one separate residential dwelling unit, including common areas, 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.

(56)Risk Assessment Is:

(a) An on-site investigation to determine the existence, nature, severity, and location of lead-based paint hazards, and

(b) 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.

(57)Safe State - the Safe State Program, is a division of the University of Alabama, designated by statute to accredit lead training providers and individual abatement professionals performing lead hazard reduction activities.

(58)Target Housing - any housing constructed prior to 1978, except housing for the elderly or persons with disabilities (unless one or more children age 6 years or under resides or is expected to reside in such housing for the elderly or person with disabilities) or any zero-bedroom dwelling. Any attached or unattached structure build or added after 1978 located within the same lot lines are not included.

(59)TSCA - the Toxic Substances Control Act, 15 U.S.C. § 2601et seq. as amended.

(60)Visual assessment - a procedure to determine the presence of visible dust, paint chips, painted debris, and/or deteriorated paint.

(61)Visual inspection for clearance testing - the visual examination of a residential dwelling or a child-occupied facility following an abatement to determine whether or not the abatement has been successfully completed.

(62)Visual inspection for risk assessment - the visual examination of a residential dwelling or a child-occupied facility to determine the existence of deteriorated lead-based paint or other potential sources of lead-based paint hazards.

(63)Wipe Sample - a sample collected by wiping a representative surface of a known area(s), as determined by ASTM E 1728, "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," or equivalent.

(64)Wipe Sampling - a procedure to determine the presence of lead in dust following established wipe protocol as specified in ASTM as stated in the wipe sample definition, sample proposal as specified in 40 CFR § 745.63.

Ala. Admin. Code r. 420-3-27-.03

New Rule: Filed July 20, 1998; effective August 24, 1998. Amended: Filed June 25, 2003; effective July 30, 2003.

Amended by Alabama Administrative Monthly Volume XL, Issue No. 03, December 30, 2021, eff. 2/13/2022.

Authors: Phyllis Mardis, Salvador Gray, Charles Brookins, Gary Jones, Michael Cassidy, Steven McDaniel

Statutory Authority:Code of Ala 1975, § 22-37A-1, et seq.