5 Colo. Code Regs. § 1001-23-A-II

Current through Register Vol. 47, No. 24, December 25, 2024

Section 5 CCR 1001-23-A-II - Definitions

II.A. Incorporated Materials

Some documents may be noted in this Regulation Number 19, Part A as being incorporated by reference. Materials incorporated by reference are those in existence as of the dates indicated and do not include later amendments. The material incorporated by reference is available for public inspection during regular business hours at the Division's office, located at 4300 Cherry Creek Drive South, Denver, Colorado 80246, or may be examined at any state publications depository library. The material incorporated by reference is also available through the United States Government Printing Office, online at www.gpo.gov/fdsys.

II.B. Terms

Any terms that are not defined are given the same meaning as in the Air Quality Control Commission's Common Provisions Regulation.

II.B.1. Abatement means any measure or set of measures that will contain or permanently eliminate lead-based paint hazards or lead-based paint that might become a hazard. In contrast to interim controls, lead-based paint abatement refers to a group of measures that can be expected to eliminate or reduce exposures to lead hazards for at least 20 years under normal conditions. These measures include:

II.B.1.a. the removal of lead-based paint and lead-contaminated dust;

II.B.1.b. the permanent containment of lead-based paint;

II.B.1.c. the encapsulation of lead-based paint;

II.B.1.d. the replacement or enclosure of lead-painted surfaces or fixtures;

II.B.1.e. the removal or covering of lead-contaminated soil; and

II.B.1.f. all preparation, cleanup, disposal, monitoring, and clearance testing activities associated with the measures described in this Section II.B.1. of this Regulation Number 19, Part A.

II.B.2. Accredited training program means a training program that has been accredited by the Division pursuant to Section III. (Training and Certification Requirements) of this Regulation Number 19, Part A to provide training for individuals engaged in lead-based paint activities.

II.B.3. Adequate quality control means a plan or design that ensures the authenticity, integrity, and accuracy of samples, including dust, soil, and paint chip or paint film samples. Adequate quality control also includes provisions for representative sampling.

II.B.4. Arithmetic mean means the algebraic sum of data values divided by the number of data values (e.g., the sum of the concentration of lead in several soil samples divided by the number of samples).

II.B.5. Certified Lead Abatement Firm (LAF) means a company, partnership, corporation, sole proprietorship, association, or other business entity that performs or offers to perform, lead-based paint abatement activities as defined in this Section II. (Definitions) of this Regulation Number 19, Part A, and to which the Division has issued a certificate of approval pursuant to Section III. (Training and Certification Requirements) of this Regulation Number 19, Part A.

II.B.6. Certified Lead Evaluation Firm (LEF) means a company, partnership, corporation, sole proprietorship, association, or other business entity that performs or offers to perform, inspection and/or risk assessment activities as defined in this Section II. (Definitions) of this Regulation Number 19, Part A, and to which the Division has issued a certificate of approval pursuant to Section III. (Training and Certification Requirements) of this Regulation Number 19, Part A.

II.B.7. Certified inspector means an individual who has been trained and certified by the Division pursuant to Section III. (Training and Certification Requirements) of this Regulation Number 19, Part A to conduct inspections. A certified inspector also samples for the presence of lead in dust and soil for the purposes of abatement clearance testing. Certified Inspectors must work for a certified LEF.

II.B.8. Certified abatement worker means an individual who has been trained and certified by the Division pursuant to Section III. (Training and Certification Requirements) of this Regulation Number 19, Part A to perform abatement. Certified Workers must work for a certified LAF.

II.B.9. Certified project designer means an individual who has been trained, and certified by the Division pursuant to Section III. (Training and Certification Requirements) of this Regulation Number 19, Part A to prepare abatement project designs, occupant protection plans, and abatement reports. Certified Project Designers must work for a certified LEF or LAF.

II.B.10. Certified risk assessor means an individual who has been trained and certified by the Division pursuant to Section III. (Training and Certification Requirements) of this Regulation Number 19, Part A to conduct risk assessments. A risk assessor also samples for the presence of lead in dust and soil for the purposes of abatement clearance testing. Certified Risk Assessors must work for a certified LEF.

II.B.11. Certified supervisor means an individual who has been trained and certified by the Division pursuant to Section III. (Training and Certifications Requirements) of this Regulation Number 19, Part A to supervise and conduct abatements, and to prepare occupant protection plans and abatement reports. Certified Supervisors must work for a certified LAF.

II.B.12. Chewable surface means an interior or exterior surface painted with lead-based paint that a young child can mouth or chew. A chewable surface is the same as an "accessible surface" as defined in 42 U.S.C. 4851b(2). Hard metal substrates and other materials that cannot be dented by the bite of a young child are not considered chewable.

II.B.13. Child-occupied facility

II.B.13.a. Child-occupied facility means a building or portion of a building that:

II.B.13.a.(i) was constructed prior to 1978;

II.B.13.a.(ii) is visited regularly by the same child who is under 7 years of age;

II.B.13.a.(iii) is visited by the same child on two or more days within any week, with each such visit totaling three or more hours; and

II.B.13.a.(iv) is visited by the same child a total of at least sixty hours in one year.

II.B.13.b. "Child-Occupied Facility" includes, but is not limited to, day-care centers, preschools, or kindergarten classrooms constructed prior to 1978.

II.B.14. Clearance levels are values that indicate the maximum amount of lead permitted in dust on a surface following completion of an abatement activity.

II.B.15. Commission means the Air Quality Control Commission as created by Section 25-7-104, C.R.S.

II.B.16. Common area means 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, and boundary fences.

II.B.17. Common area group means a group of common areas that are similar in design, construction, and function. Common area groups include, but are not limited to hallways, stairwells, and laundry rooms.

II.B.18. Component or building component means 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 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's, 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 or stools and troughs, casings, sashes and wells, and air conditioners.

II.B.19. Concentration means the relative content of a specific substance contained within a larger mass, such as the amount of lead (in micrograms per gram or parts per million by weight) in a sample of dust or soil.

II.B.20. Containment means a system of engineering controls designed to protect workers, the environment and the public by controlling exposures to the lead-contaminated dust and debris created during abatement.

II.B.21. Course agenda means an outline of the key topics to be covered during a training course, including the time allotted to teach each topic.

II.B.22. Course test means an evaluation of the overall effectiveness of the training that must test the trainees' knowledge and retention of the topics covered during the course.

II.B.23. Course test blueprint means written documentation identifying the proportion of course test questions devoted to each major topic in the course curriculum.

II.B.24. Deteriorated paint means any interior or exterior paint or other coating that is peeling, chipping, chalking or cracking, or any paint or coating located on an interior or exterior surface or fixture that is otherwise damaged or separated from the substrate.

II.B.25. Discipline means one of the specific types or categories of lead-based paint activities identified in this Regulation Number 19, Part A for which individuals may receive training from accredited programs and become certified by the Division. For example, "abatement worker" is a discipline.

II.B.26. Distinct painting history means the application history, as indicated by its visual appearance or a record of application, over time, of paint or other surface coatings to a component or room.

II.B.27. Disturb means:

II.B.27.a. In the case of paint, any activity that causes cracking, flaking, chipping, peeling, or separation of the paint from the substrate of a building component. Activities that disturb paint include, but are not limited to, scraping, grinding, sanding, abrasive blasting, drilling, sawing, or the application of chemical strippers; encapsulation and enclosure systems that are applied to surfaces where the paint is not deteriorated typically do not disturb the paint.

II.B.27.b. In the case of dust or soil, any activity that causes the movement of dust or soil, such as, but not limited to, sweeping, vacuuming, digging and sifting.

II.B.28. Division means the Air Pollution Control Division in the Department of Public Health and Environment.

II.B.29. Documented methodologies means Division recognized methods or protocols used to sample for the presence of lead in paint, dust, and soil. Documented methodologies include the U.S. Department of Housing and Urban Development (HUD) Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing (2012 Edition); the EPA Residential Sampling for Lead: Protocols for Dust and Soil Sampling (EPA report number 747-R-95-001, March 1995); and other methods and guidelines determined by the Division to be equivalent methods and guidelines.

II.B.30. Dripline means the area within 3 feet surrounding the perimeter of a building.

II.B.31. Elevated blood lead level (EBL) means an excessive absorption of lead that is a confirmed concentration of lead in whole blood >= 5µg/dL (micrograms of lead per deciliter of whole blood) for a single venous test or two consecutive capillary tests taken within 90 days.

II.B.32. 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. The list of Division approved lead encapsulants can be found on the Division's lead web page.

II.B.33. Encapsulation means the application of an encapsulant. Painting for purposes other than controlling lead is not considered encapsulation.

II.B.34. 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.

II.B.35. Exterior windowsill means the portion of the horizontal window ledge that protrudes from the exterior of the room.

II.B.36. Friction surface means an interior or exterior surface that is subject to abrasion or friction, including, but not limited to, certain window, floor, and stair surfaces.

II.B.37. 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.

II.B.38. Hands-on skills assessment means an evaluation that tests the trainees' ability to satisfactorily perform the work practices and procedures identified in Section III.A.4. (Minimum Training Curriculum Requirements) of this Regulation Number 19, Part A, as well as any other skill taught in a training course.

II.B.39. Hazardous waste means any waste as defined in 40 CFR Section 261.3.

II.B.40. HEPA means high efficiency particulate air. A HEPA filtration system is capable of trapping and retaining at least 99.97 percent of all monodispersed particles 0.3 microns in diameter or larger.

II.B.41. High contact play area means any location on residential real property and on the property of a child-occupied facility or target housing where children under 7 years of age might commonly play. This term includes, but is not limited to, sandboxes, gardens, and swing sets.

II.B.42. [Reserved]

II.B.43. Impact surface means an interior or exterior surface that is subject to damage by repeated sudden force such as certain parts of doorframes.

II.B.44. Inspection means a surface-by-surface investigation to determine the presence of lead-based paint and the provision of a written report explaining the results of the investigation. Lead inspections may only be conducted by a certified inspector or risk assessor.

II.B.45. Interim control 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.

II.B.46. Interior windowsill means the portion of the horizontal window ledge that protrudes into the interior of the room.

II.B.47. Lead-based paint means any paint containing more than six one-hundredths of one per cent by wet weight of lead metal, more than five-tenths of one percent by dry weight of lead metal, or more than one milligram per square centimeter of lead metal.

II.B.48. Lead-based paint activities mean in the case of target housing and child-occupied facilities, inspection, hazard screen, risk assessment, and abatement, as defined in this Section II. (Definitions) of this Regulation Number 19, Part A.

II.B.49. Lead-based paint hazard means any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, or lead-based paint. Lead-based paint hazard also means hazardous lead-based paint, dust-lead hazard or soil-lead hazard as identified.

II.B.49.a. Paint-lead hazard. A paint-lead hazard is any of the following:

II.B.49.a.(i) Any lead-based paint on a friction surface that is subject to abrasion and where the lead dust levels on the nearest horizontal surface underneath the friction surface (e.g., window sill, or floor) are equal to or greater than the dust-lead hazard levels identified in this section.

II.B.49.a.(ii) Any damaged or otherwise deteriorated lead-based paint on an impact surface that is caused by impact from a related building component (such as a door knob that knocks into a wall or a door that knocks against its door frame).

II.B.49.a.(iii) Any chewable lead-based painted surface on which there is evidence of teeth marks.

II.B.49.a.(iv) Any other deteriorated lead-based paint in any residential building or child-occupied facility or on the exterior of any residential building or child-occupied facility.

II.B.49.b. Dust-lead hazard. A dust-lead hazard is surface dust in a residential dwelling or child-occupied facility that contains a mass-per-area concentration of lead equal to or exceeding 10 µg/ft2 on floors or 100 µg/ ft2 on interior window sills based on wipe samples.

II.B.49.c. Soil-lead hazard. A soil-lead hazard is bare soil on residential real property or on the property of a child-occupied facility that contains total lead equal to or exceeding 400 parts per million (µg/g) in a play area or average of 1,200 parts per millions of bare soil in the rest of the yard based on soil samples.

II.B.50. Lead-contaminated dust means surface dust in residential dwellings or child-occupied facilities that contains an area or mass concentration of lead equal to or in excess of 10 µg/ ft2 on interior floors, 100 µg/ ft2 on interior window sills, 400 µg/ ft2 in window troughs, 500 µg/ ft2 on exterior window sills, and 800 µg/ ft2 on exterior surfaces (e.g. patios, porches, sidewalks).

II.B.51. Lead-contaminated soil means bare soil on residential real property and on the property of a child-occupied facility that contains lead equal to or in excess of 400 µg/g in a play area or in excess of 1,200 µg/g averaged in the rest of the yard (non-play areas).

II.B.52. Lead-contaminated waste means any waste generated as a result of lead-based paint activities or the deterioration of lead-based paint in a pre-1978 residential dwelling or child-occupied facility. This term includes, but is not limited to, lead-based paint chips, lead-contaminated dust, lead-contaminated soil, abatement control devices, disposable equipment and clothing, bags and other similar packaging contaminated with lead, waste water, architectural components, and chemical stripper sludge.

II.B.53. Lead-hazard screen means a limited risk assessment activity that involves limited paint and dust sampling as described in Section IV.B. (Lead Hazard Screen) of this Regulation Number 19, Part A. A lead-hazard screen must be conducted by a certified risk assessor.

II.B.54. Living area means any area of a residential dwelling used by one or more children under 7 years of age, including, but not limited to, living rooms, kitchen areas, dens, play rooms, and children's bedrooms.

II.B.55. Loading means the quantity of a specific substance present per unit of surface area, such as the amount of lead in micrograms contained in the dust collected from a certain surface area divided by the surface area in square feet or square meters.

II.B.56. Mid-yard means an area of a residential yard approximately midway between the dripline of a residential building and the nearest property boundary or between the driplines of a residential building and another building on the same property.

II.B.57. Movable objects" means pieces of free-standing equipment or furniture, not mounted or attached in the work area which can be readily removed from the work area. Movable objects remaining in the work area which cannot be readily removed from the area must be protected pursuant to Sections V.C.2.d, V.C.3.e., V.D.2.b.(iv). and V.D.2.c.(iv), Protection of Objects, and must be able to be moved in the work area to clean under such items and to facilitate final clearance.

II.B.58. Multi-family dwelling means 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.

II.B.59. Paint means a liquid mixture, usually of a solid pigment in a liquid vehicle, used as a decorative or protective coating. This term includes, but is not limited to, primer, lacquer, polyurethane, and wood stain.

II.B.60. Paint in poor condition means more than two square feet of deteriorated paint per room or equivalent, twenty square feet of deteriorated paint on the exterior building, or ten percent of the total surface area of deteriorated paint on an interior or exterior type of component with a small surface area.

II.B.61. Permanently covered soil means soil that 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.

II.B.62. Person means any individual, public or private corporation, partnership, association, firm, trust, estate, the United States or the state or any department, institution, or agency thereof, any municipal corporation, county, city and county, or other political subdivision of the state, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.

II.B.63. Play area means an area of frequent soil contact by children of less than 7 years of age as indicated by, but not limited to, such factors including the following; the presence of play equipment (e.g., sandboxes, swing sets and sliding boards), toys, or other children's possessions, observations of play patterns, or information provided by parents, residents, care givers, or property owners.

II.B.64. Principal instructor means the individual who has the primary responsibility for organizing and teaching a particular course.

II.B.65. Recognized laboratory means an environmental laboratory recognized by the EPA as a member of the National Lead Laboratory Accreditation Program pursuant to the Toxic Substances Control Act Section 405(b) as being capable of performing an analysis for lead compounds in paint, soil, and dust.

II.B.66. Reduction means measures designed to reduce or eliminate human exposure to lead-based paint hazards through methods including interim controls and abatement.

II.B.67. Residential building means a building containing one or more residential dwellings.

II.B.68. Residential dwelling means

(1) a detached single family dwelling unit, including attached structures such as porches and stoops; or

(2) 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.

II.B.69. Risk assessment means

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

(2) 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. A risk assessment must be conducted by a certified risk assessor.

II.B.70. Room means a separate part of the inside of a building, such as a bedroom, living room, dining room, kitchen, bathroom, laundry room, or utility room. To be considered a separate room, the room must be separated from adjoining rooms by built-in walls or archways that extend at least 6 inches from an intersecting wall. Half walls or bookcases count as room separators if built-in. Moveable or collapsible partitions or partitions consisting solely of shelves or cabinets are not considered built-in walls. A screened in porch that is used as a living area is a room.

II.B.71. Soil sample means a sample collected in a representative location using ASTM E1727, "Standard Practice for Field Collection of Soil Samples for Lead Determination by Atomic Spectrometry Techniques," or equivalent method.

II.B.72. Target housing means housing constructed prior to 1978 other than any zero-bedroom dwelling or any housing for the elderly or a person with a disability; except that "target housing" includes housing for the elderly or a person with a disability if a child under 7 years of age resides or is expected to reside in the housing.

II.B.73. Training curriculum means an established set of course topics for instruction in an accredited training program for a particular discipline designed to provide specialized knowledge and skills.

II.B.74. Training hour means at least 50 minutes of actual learning, including, but not limited to, time devoted to lecture, learning activities, small group activities, demonstrations, evaluations, and/or hands-on experience.

II.B.75. Training manager means the individual responsible for administering a training program and monitoring the performance of principal instructors and guest instructor.

II.B.76. Visible emissions mean any emissions that are visually detectable without the aid of instruments, coming from lead-based paint or lead-contaminated waste material.

II.B.77. Visual inspection for clearance testing means the visual examination of a residential dwelling or a child-occupied facility following abatement to determine whether or not the abatement has been successfully completed.

II.B.78. Visual inspection for risk assessment means 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.

II.B.79. Weighted arithmetic mean means the arithmetic mean of sample results weighted by the number of subsamples in each sample. Its purpose is to give influence to a sample relative to the surface area it represents. A single surface sample is comprised of a single subsample. A composite sample may contain from two to four subsamples of the same area as each other and of each single surface sample in the composite. The weighted arithmetic mean is obtained by summing, for all samples, the product of the sample's result multiplied by the number of subsamples in the sample, and dividing the sum by the total number of subsamples contained in all samples. For example, the weighted arithmetic mean of a single surface sample containing 60 µg/ ft2, a composite sample (three subsamples) containing 100 µg/ ft2, and a composite sample (4 subsamples) containing 110 µg/ ft2 is 100 µg/ ft2. This result is based upon the equation (60+(3*100) +(4*110))/ (1+3+4).

II.B.80. Window trough means, for a typical double-hung window, the portion of the exterior window sill between the interior window sill (or stool) and the frame of the storm window. If there is no storm window, the window trough is the area that receives both the upper and lower window sashes when they are both lowered. The window trough is sometimes referred to as the window well.

II.B.81. Wipe sample means a sample collected by wiping a representative surface of known area, as determined by ASTM E1728, "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 E1792, "Standard Specification for Wipe Sampling Materials for Lead in Surface Dust."

II.B.82. Work area means an area covered or contained by polyethylene sheeting to prevent the spread of lead contamination; and an area within which concentrations of lead, exceed, or may exceed, clearance levels.

II.B.83. Working day means Monday through Friday and includes holidays that fall on any of the days Monday through Friday.

II.B.84. Zero-bedroom dwelling means any residential dwelling in which the living areas are not separated from the sleeping area. The term includes efficiencies, studio apartments, dormitory or single-room occupancy housing, military barracks, and rentals of individual rooms in residential dwellings

5 CCR 1001-23-A-II

44 CR 24, December 25, 2021, effective 1/14/2022