16 Del. Admin. Code § 4459-2.0
"Abatement" means any measure or set of measures designed to permanently eliminate lead-based paint hazards. Abatement includes, but is not limited to:
* 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
* All preparation, cleanup, disposal, and post-abatement clearance testing activities associated with such measures.
* Specifically, abatement includes, but is not limited to:
* Projects for which there is a written contract or other documentation, which provides that an individual or firm will be conducting activities in or to a residential dwelling or a child-occupied facility that:
* Shall result in the permanent elimination of lead-based paint hazards; or
* Are designed to permanently eliminate lead-based paint hazards and are described in the first and second bullets of this definition.
* Projects resulting in the permanent elimination of lead-based paint hazards, conducted by firms or individuals certified by the Secretary pursuant to Section 4.0 of these regulations, unless such projects are covered by the last bullet in this definition.
* 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 these regulations unless such projects are covered by the last bullet of this definition; or
* Projects resulting in the permanent elimination of lead-based paint hazard, that are conducted in response to State of Delaware 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 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, operation and maintenance activities, or other measures and activities designed to temporarily, but not permanently, reduce lead-based paint hazards.
"Accessible surface" means any interior or exterior surface, such as an interior windowsill, that a young child can mouth or chew.
"Accredited training program" means a training program that has been accredited by the Secretary, EPA, or a State or Tribal Program authorized by EPA to provide lead-based paint activities training.
"Accredited course" means a lead-based paint activities training course that has been accredited by the Secretary, EPA, or a State or Tribal Program authorized by EPA.
"Adequate quality control" means a plan or design which 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.
"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).
"Business day" means Monday through Friday with the exception of State of Delaware and Federal holidays.
"Certification examination" means a test administered by the Secretary that measures an individual's knowledge of lead-based paint activities in a specific category or discipline.
"Certified Abatement Worker" means an individual who has been certified by the Secretary to perform abatements pursuant to Section 4.0.
"Certified firm" means a company, partnership, corporation, sole proprietorship, association, or other business entity that performs lead-based paint activities to which the Secretary has issued a certificate of approval pursuant to Section 4.0.
"Certified Inspector" means an individual who has been certified by the Secretary to conduct inspections pursuant to Section 4.0. A certified inspector also samples for the presence of lead in dust and soil for the purpose of abatement clearance testing.
"Certified Project Designer" means an individual who has been certified by the Secretary, to prepare abatement project designs, occupant protection plans, and abatement reports pursuant to Section 4.0.
"Certified Risk Assessor" means an individual who has been certified by the Secretary to conduct risk assessments pursuant to Section 4.0.
"Certified Supervisor" means an individual who has been certified by the Secretary, to supervise and conduct abatements, and to prepare occupant protection plans and abatement reports pursuant to Section 4.0.
"Child-occupied facility" means 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 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-cares, preschools, and kindergarten classrooms.
"Clearance levels" are values that indicate the maximum amount of lead permitted in dust on a surface following completion of an abatement activity.
"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.
"Common Area Group" means a group of common areas that are similar in design, construction, and function.
"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 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, windows 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 down spouts, 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, windowsills or stools and troughs, casings, sashes, and wells and air conditioners.
"Concentration" means the relative content of a specific substance contained within a larger mass, such as the amount of lead (in micrograms per grams or parts per million by weight) in a sample of dust or soil.
"Containment" means a process to protect workers, building occupants and the environment by controlling exposure to the lead-contaminated dust and debris created during an abatement.
"Course agenda" means an outline of the key topics to be covered during a training course, including the time allotted to teach each topic.
"Course test" means an evaluation that measures the overall effectiveness of the training which shall test the trainees' knowledge and retention of the topics covered during the course.
"Course test blueprint" means written documentation identifying the proportion of course test questions devoted to each major topic in the course curriculum.
"Department" means the Department of Health & Social Services as defined in 29 Del.C. § 7904(a).
"Deteriorated paint" means any interior or exterior paint or other coating that is cracking, flaking, chipping, chalking, or peeling, or any paint or coating located on an interior or exterior surface or fixture that is otherwise damaged or separating from the substrate of a building component.
"Discipline" means one of the specific types or categories of lead-based paint activities identified in these regulations for which individuals may receive training from accredited programs and become certified by the Secretary. For example, "abatement worker" is a discipline.
"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.
"Documented methodologies" are methods or protocols used to sample for the presence of lead in paint, dust, and soil.
"Dripline" means the area within three feet surrounding the perimeter of a building.
"Dust 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 E 1792, "Standard Specification for Wipe Sampling Materials for Lead in Surface Dust."
"Elevated blood lead level" or "(EBLL)" means an excessive absorption of lead that is a concentration of lead in whole blood of 3.5 µg/dL (micrograms of lead per deciliter of whole blood) or higher for a single venous test.
"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 U.S. Environmental Protection Agency.
"Firm" means any business company or partnership, sole proprietorship or individual doing business, association, non-profit organization, or other business entity, whether or not incorporated.
"Friction surface" means any interior or exterior surface that is subject to abrasion or friction, including, but not limited to window, floor, and stair tread surfaces.
"Guest instructor" means an individual, who meets or exceeds the requirements in subsection 3.3.2, has submitted documentation of these qualifications as provided in subsections 3.3.4.1 through 3.3.4.3 to the training provider, and is designated by the training manager or principal instructor to provide instruction specific to the lecture, hands-on activities, or work practice components of a course.
"Hands-on skills assessment" means an evaluation which tests the trainees' ability to satisfactorily perform the work practices and procedures identified in these regulations, as well as any other skill taught in a training course.
"Hazardous waste" means any waste subject to Delaware Department of Natural Resources and Environmental Control regulation as required in 7 Del.C. Ch. 63.
"HUD" means U.S. Department of Housing and Urban Development.
"Impact surface" means any interior or exterior surface such as surfaces on doors that is subject to damage by repeated impact or contact.
"Inspection" means a surface-by-surface investigation to determine the presence of lead-based paint and the provision of a written report, or electronic equivalent, 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.
"Interior windowsill" means the portion of the horizontal window ledge that protrudes into the interior of the room.
"Lead-based paint" means paint or other surface coatings that contain lead equal to or in excess of 1.0 milligrams per square centimeter or more than 0.5% by weight.
"Lead-based paint activities" means, in the case of target housing and child-occupied facilities, inspection, risk assessment and abatement, as defined in these regulations.
"Lead-based paint activities courses" means initial and refresher training courses (worker, supervisor, inspector, risk assessor, project designer) provided by accredited training programs.
"Lead-based paint hazard" means lead-contaminated dust, lead-contaminated soil, or lead-based paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that could result in adverse human health effects.
"Lead-contaminated dust" means surface dust in residential dwellings or child-occupied facilities that contains an area or mass concentration of lead at or in excess of levels identified by both the State of Delaware and the EPA.
"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 levels identified both by the State of Delaware and the EPA.
"Lead hazard screen" means a limited risk assessment activity that involves limited paint and dust sampling as described in subsection 5.3.
"Living area" means any area of residential dwelling used by 1 or more children aged 6 and under, including, but not limited to, living rooms, kitchen areas, dens, playrooms, and children's bedrooms.
"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.
"Local government" means a county, city, town, district, association, or other public body (including an agency comprised of 2 or more of the foregoing entities) created under State law.
"Multi-family dwelling" means a structure that contains more than 1 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.
"Non-profit" means any entity that has demonstrated to any branch of the Federal Government or to a State, municipal, tribal, or territorial government, that no part of its net earnings inures to the benefit of any private shareholder or individual.
"Paint in poor condition" means 10 square feet or more 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% of the total surface areas of the component is deteriorated on interior or exterior components with small surface areas (windowsills, baseboards, soffits, trim).
"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.
"Person" means any natural or judicial person including any individual, corporation, partnership, or association; any Indian Tribe, State, or political subdivision thereof; any interstate body; and any department, agency, or instrumentality of the Federal, State, or local government.
"Play area" means an area of frequent soil contact by children aged 6 and under 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.
"Principal instructor" means the individual who has the primary responsibility for organizing and teaching a particular course.
"Proficiency test" means an extensive written examination designed to validate a person's level of competence regarding lead abatement techniques and safety, to include: knowledge of health hazards related to human exposure to lead dust and lead painted surfaces; construction safety; application of lead safe work practices; and containments designed to reduce or minimize worker and building occupant exposure to lead hazards, specialized equipment designed to reduce lead exposures or hazards for workers and residence occupants, specialized lead-based paint removal using chemicals, hazardous waste management, and specialized work practices.
"Recognized laboratory" means an environmental laboratory recognized by the EPA as being capable of performing an analysis for lead compounds in paint, soil, and dust.
"Reduction" means measures designed to reduce or eliminate human exposure to lead-based paint hazards through methods including interim controls and abatement.
"Renovation" means 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 (e.g., 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. The term renovation does not include minor repair and maintenance activities, as defined by EPA regulations at 745.83.
"Residential building" means a building containing one or more residential dwellings.
"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 on-site investigation to determine the existence, nature, severity, and location of lead-based paint hazards, and the provision of a written report, or electronic equivalent, by the individual or the firm conducting the risk assessment, explaining the results of the investigation and options for reducing lead-based paint hazards.
"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. Movable 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.
"Secretary" means the Administrator of the Department of Health and Social Services (DHSS) of the State of Delaware or the Secretary's designee, who shall hereafter in this document be referred to as: Secretary; the Secretary; or, Secretary, DHSS.
"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.
"Start date" means the first day of any lead-based paint activities training course or lead-based paint abatement activity.
"Start date provided to the Secretary" means the start date included in the original notification or the most recent start date provided to the Secretary in an updated notification.
"State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, or any other territory or possession of the United States.
"Target housing" means any housing constructed prior to 1978 or constructed during or after 1978 and contains components with lead-based paint.
"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.
"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, if applicable, hands-on experience.
"Training manager" means the individual responsible for administering a training program and monitoring the performance of principal instructors and guest instructors.
"Training program" means lead training curriculum accredited by the Secretary and offered to the public by a training provider.
"Training provider" means a firm that has been approved by the Delaware Department of Health and Social Services to provide training in Delaware and accredited by the Secretary to conduct accredited lead-based paint activities training programs to individuals engaged in lead-based paint activities.
"Visual inspection for clearance testing" means 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.
"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.
"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 of 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 (four subsamples) containing 110 µg/ft² is 100 µg/ft². This result is based on the equation [60+(3*100)+(4*110)]/(1+3+4).
"Window trough" means, for a typical double-hung window, the portion of the exterior windowsill between the interior windowsill (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 as the window "well."
16 Del. Admin. Code § 4459-2.0
26 DE Reg. 697 (2/1/2023)
27 DE Reg. 766 (4/1/2024) (Final)