Ala. Admin. Code r. 822-X-1-.03

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

Section 822-X-1-.03 - Definitions

(1)AACmeans the Alabama Administrative Code.

(2)Abatementmeans 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, and the removal or covering of lead-contaminated soil; and

(b) All preparation, cleanup, 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 the Department's rules promulgated in AAC Chapter 420-3-27 will be conducting activities in or to a residential dwelling or child-occupied facility that:

(i) Shall 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 paragraphs (a) and (b) of this definition.

2. Projects resulting in the permanent elimination of lead-based paint hazards, conducted by firms or individuals certified in accordance with the Department rules promulgated in AAC Chapter 420-3-27, 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 hazard reduction 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 involve lead hazard reduction activities as defined by this Section. 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.

(3)Accredited abatement workermeans an individual who has been trained by an accredited training program, as defined by this Section, and registered by Safe State pursuant to Section 822-X-1-.06 to perform abatements. For the purpose of this Chapter, an accredited abatement worker shall have the same meaning as a certified abatement worker as defined in 40 CFR 745.223.

(4)Accredited lead-based paint inspector means an individual who has been trained by an accredited training program, as defined by this Section, and registered by Safe State pursuant to Section 822-X-1-.06 to conduct lead-based paint inspections, sample for the presence of lead in dust and soil for the purpose of abatement clearance testing, and plan and approve the activities and sign reports of a sampling technician. For the purpose of this Chapter, an accredited lead-based paint inspector shall have the same meaning as a certified inspector as defined in 40 CFR 745.223.

(5)Accredited project designermeans an individual who has been trained by an accredited training program, as defined by this Section, and registered by Safe State pursuant to Section 822-X-1-.06 to prepare abatement project designs, occupant protection plans, and post-abatement reports for lead abatement projects. For the purpose of this Chapter, an accredited project designer shall have the same meaning as a certified project designer as defined in 40 CFR 745.223.

(6)Accredited risk assessormeans an individual who has been trained by an accredited training program, as defined by this Section, and registered by Safe State pursuant to Section 822-X-1-.06 to conduct risk assessments, sample for the presence of lead in dust and soil for the purpose of identifying lead hazards and abatement clearance testing, and plan and approve the activities and sign reports of a sampling technician. For the purpose of this Chapter, an accredited risk assessor shall have the same meaning as a certified risk assessor as defined in 40 CFR 745.223.

(7)Accredited supervisormeans an individual who has been trained by an accredited training program, as defined by this Section, and registered by Safe State pursuant to Section 822-X-1-.06 to supervise and conduct abatements and to prepare occupant protection plans and post-abatement reports. For the purpose of this Chapter, an accredited supervisor shall have the same meaning as a certified supervisor as defined in 40 CFR 745.223.

(8)Accredited renovatormeans an individual who has been trained by an accredited training program, as defined by this Section, and registered by Safe State pursuant to Section 822-X-1-.06 to perform or direct workers who perform renovations. For the purpose of this Chapter, an accredited renovator shall have the same meaning as a certified renovator as defined in 40 CFR 745.223.

(9)Accredited sampling technicianmeans an individual who has been trained by an accredited training program, as defined by this Section, and registered by Safe State pursuant to Section 822-X-1-.06 to conduct visual assessments of painted surfaces and perform dust sample collections following remodeling and renovation activities: and certain other visual assessments as required by HUD regulation 24 CFR 35 as amended. For the purpose of this Chapter, an accredited sampling technician shall have the same meaning as a "clearance technician" as defined in 24 CFR 35.1340. Also for the purposes of this Chapter, a "sampling technician" shall have the same meaning as a "dust sampling technician" as referenced in 40 CFR 745.90

(10)Accredited training programmeans a training program that has been accredited by either Safe State pursuant to 822-X-1-.04, or by a state or tribe with which Alabama has a written reciprocal agreement pursuant to this Chapter, to provide training for individuals engaged in lead hazard reduction activities.

(11)Administratormeans the Administrator of the United States Environmental Protection Agency.

(12)Certification examinationmeans a lead-based paint activity discipline-specific examination administered by or authorized by Safe State or a state or tribe with which Safe State has a written reciprocal agreement pursuant to Section 822-X-1-.04.

(13)CFRmeans Code of Federal Regulations

(14)Child-occupied facilitymeans a building, or portion of a building, constructed prior to 1978, visited regularly by the same child, six (6) years of age or under, on at least two different days within any week (Sunday through Saturday period), provided that 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 may include, but are not limited to, day-care centers, preschools, and kindergarten classrooms. Child-occupied facilities may be located in target housing, 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 6 only pass through such as hallways, stairways, and garages are not included. In addition, with respect to the exteriors of public or commercial buildings that contain child occupied facilities, the child occupied facility encompasses only the exterior sides of the building that are immediately adjacent to the child-occupied facility or the common areas routinely used by children under age 6.

(15)Clearance samplingmeans a visual assessment and dust sample collection or soil sampling following:

(a) Lead-based paint abatement that must be performed only by a Safe State registered lead-based paint inspector or risk assessor; or

(b) Lead contaminated soil abatement that must be performed only by a Safe State registered lead-based paint inspector or risk assessor; or

(c) Interim controls, renovation, and remodeling as required by HUD which may be performed by a sampling technician as well as a Safe State registered lead-based paint inspector or risk assessor;

(16)Common areameans 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.

(17)Course agendameans an outline of the key topics to be covered during a training course, and must include the starting time for each lecture, exercise, or hands-on section and the name of the instructor for each key topic.

(18)Course student rostermeans a list of names of every individual who attended the course, including those who did not complete all the requirements of the course.

(19)Course testmeans a closed-book evaluation of the overall effectiveness of the training which shall test the trainees' knowledge and retention of the topics covered during the course.

(20)Course test blue printmeans written documentation identifying the proportion of course test questions devoted to each major topic in the course curriculum.

(21)Departmentmeans the Alabama Department of Public Health.

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

(23)Disciplinemeans one of the specific types or categories of lead hazard reduction activities identified in this Chapter for which individuals may receive training from accredited training programs and become registered with Safe State. For example, "abatement worker" is a discipline.

(24)Electronic document submittalsmeans photographs, transcripts, application forms, rosters, notifications, or other supporting documentation required by this Chapter that is submitted via electronic means, i.e. internet forms, facsimile, or other forms of non-paper transmittal.

(25)EPAmeans the United States Environmental Protection Agency.

(26)Guest instructormeans an individual designated by the training program manager to provide instruction specific to the lecture, hands-on exercises, or work practice components of a course.

(27)Hands-on exercisemeans an activity which requires the student to practice performing a work task or procedure. An exercise or activity in which the instructor shows a student how to perform a task but without requiring the student to actually perform the task is a demonstration, rather than a hands-on exercise.

(28)Hands-on skills assessmentmeans an evaluation which tests the trainees' ability to satisfactorily perform the work practices and procedures identified in Section 822-X-1-.04(2)(b)1. -6. as well as any other skill taught in a training course.

(29)HUDmeans the United States Department of Housing and Urban Development.

(30)Inspectionshall have the same meaning as lead-based paint inspection.

(31)Inspectorshall have the same meaning as an accredited lead-based paint inspector.

(32)Interim controlsmeans a 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, on-going monitoring of lead-based paint hazards or potential hazards, and the establishment and operation of management and resident education programs.

(33)Lead-based paintmeans paint or other surface coating that contains lead equal to or in excess of 1.0 milligram per square centimeter (1.0 mg/cm ²) or 0.5% by weight, or such other levels set by the EPA which shall be adopted by reference for the purposes of this definition.

(34)Lead-based paint freemeans a designation for target housing or a child-occupied facility for which a written determination has been made by a Safe State registered lead-based paint inspector or risk assessor that all components are free of lead-based paint.

(35)Lead-based paint hazardmeans 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, chewable surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as identified by the EPA pursuant to TSCA, as amended.

(36)Lead-based paint hazard controlmeans any set of measures designed to temporarily reduce human exposure or likely exposure to 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, on chewable surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as identified by the Department pursuant to TSCA, as amended.

(37)Lead-based paint inspectionmeans 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.

(38)Lead-contaminated dustmeans surface dust in a residential dwelling or child-occupied facility that contains an area or mass concentration of lead at or exceeding levels as then in effect set by the Department pursuant to TSCA, as amended.

(39)Lead-contaminated soilmeans bare soil on the property of a residential dwelling and on the property of a child-occupied facility that contains lead at or exceeding levels as then in effect set by the Department pursuant to TSCA, as amended.

(40)Lead hazard reduction activitiesmean activities designed to reduce exposure to lead in residential dwellings or child occupied facilities and include lead-based paint inspections, risk assessments, renovations, 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 TSCA, as amended.

(41)Learning objectivemeans the knowledge, skills, abilities, and behaviors a student is expected to obtain from a given instruction activity.

(43)Personmeans an individual, firm, corporation, partnership, commission, state agency, county governmental body, municipal corporation, party, company, association, or any other private or public legal entity; any Indian tribe; any interstate body; the State of Alabama, its counties, districts and municipalities, and all subdivisions, districts, officers, agencies, departments, institutions, or instrumentalities thereof; and any department, agency, or instrumentality of the Federal government.

(44)Principal instructormeans the individual who has the primary responsibility for organizing and teaching a particular course.

(45)Projectmeans for the purposes of this Chapter, an abatement of lead-based paint from one or more residential dwellings (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.

(46)Project designmeans a written or graphic plan which is included as part of an abatement contract, prepared by a Safe State registered project designer specifying how an abatement project is to be conducted that 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, requirement for clearance sampling or testing, waste disposal, integration of lead hazard reduction activities with modernization and rehabilitation projects, and the project designer's signature and accreditation number.

(47)Registered individualmeans a person such as an accredited abatement worker, lead-based paint inspector, project designer, risk assessor, supervisor, or other individual involved in lead hazard reduction activities who has been accredited by an accredited training program and who is entered in the Registry.

(48)Registered training coursemeans any lead hazard reduction activities training course which is accredited by Safe State or by a state or tribe with which Alabama has a written reciprocal agreement, that is entered in the Registry.

(49)Registrymeans the Alabama state-wide "Registry of Lead Hazard Reduction Activities Training Courses and Individuals" maintained by Safe State.

(50)Renovation/remodelingmeans the modification of any existing structure, or portion thereof, that results in the disturbance of painted surfaces, unless that activity is performed as part of an abatement as defined by this part. The term renovation includes (but is not limited to): The removal, modification or repair of painted surfaces or painted components (e.g., modification of painted doors, surface restoration, window repair, surface preparation activity (such as sanding, scraping, or other such activities that may generate paint dust)); the removal of building components (e.g., walls, ceilings, plumbing, windows); weatherization projects (e.g., cutting holes in painted surfaces to install blown-in insulation or to gain access to attics, planing thresholds to install weather-stripping), and interim controls that disturb painted surfaces. A renovation performed for the purpose of converting a building, or part of a building, into target housing or a child-occupied facility is a renovation under this subpart. The term renovation does not include minor repair and maintenance activities.

(51)Residential dwellingmeans 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; or

(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.

(52)Risk assessmentmeans

(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.

(53)Safe Statemeans the Safe State Program, a division of the University of Alabama, designated by statute as the state accreditation agency for lead hazard training.

(54)State and tribal programsmeans any lead-based paint activities or lead hazard reduction programs for target housing and child-occupied facilities established by 40 CFR Part 745, Subpart Q.

(55)Target housingmeans any residential dwelling constructed prior to 1978, except housing for the elderly or persons with disabilities (unless one or more children age six (6) years or under resides or is expected to reside in such housing for the elderly or persons with disabilities) or any 0-bedroom dwelling.

(56)Training coursemeans a course of instruction designed to develop specialized knowledge and skills in lead hazard reduction activities such as inspector, risk assessor, supervisor, project designer, abatement worker, sampling technician, renovator, or other disciplines as provided in Title IV of TSCA, as amended. For the purposes of this Chapter, the term "training course" shall include refresher training courses unless the context clearly indicates otherwise.

(57)Training curriculummeans an established set of course topics for instruction in a training course for a particular discipline designed to provide specialized knowledge and skills.

(58)Training hourmeans at least 50 minutes of actual instruction, including, but not limited to, time devoted to lecture, learning activities, small group activities, demonstrations, evaluations, or hands-on exercises, or any combination of lecture, activity, demonstration, evaluation, or hands-on exercise. Training hours do not include time spent on registration, breaks, and lunches.

(59)Training managermeans the individual responsible for administering a training program, monitoring the performance of principal instructors and guest instructors, and ensuring that the training program complies at all times with Section 822-X-1-.04.

(60)Training programmeans an individual or organization that provides training for individuals engaged in lead hazard reduction activities, that has not been accredited by either Safe State pursuant to 822-X-1-.04, or by a state or tribe with which Alabama has a written reciprocal agreement pursuant to this Chapter.

(61)TSCAmeans the Toxic Substances Control Act, 15 U.S.C. §§ 2601 et seq., as amended.

(62)Visual inspection for risk assessmentmeans 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)Week daymeans either Monday, Tuesday, Wednesday, Thursday, or Friday, except for holidays.

Ala. Admin. Code r. 822-X-1-.03

New Rule: Filed June 19, 1998; effective July 24, 1998. Amended: Filed December 4, 2003; effective January 8, 2004. Amended: Filed November 3, 2009; effective December 8, 2009.

Authors: John Sikes, Gayle Howell, Kim Whitehurst, Charles Markin, Jason Brasfield

Statutory Authority: Act No. 97-553.