06-096-151 Me. Code R. § 2

Current through 2024-51, December 18, 2024

Section 096-151-2 - Definitions

A.Adhesive. "Adhesive" means any chemical substance that is applied for the purpose of bonding two surfaces together other than by mechanical means.

B.Aerosol coating product. "Aerosol coating product" means a pressurized coating product containing pigments or resins that dispenses product ingredients by means of a propellant, and is packaged in a disposable can for hand-held application, or for use in specialized equipment for ground traffic/marking applications.

C.Antenna coating. "Antenna coating" means a coating labeled and formulated exclusively for application to equipment and associated structural appurtenances that are used to receive or transmit electromagnetic signals.

D.Antifouling coating. "Antifouling coating" means a coating labeled and formulated for application to submerged stationary structures and their appurtenances to prevent or reduce the attachment of marine or freshwater biological organisms. To qualify as an antifouling coating, the coating must be registered with both the EPA under the Federal Insecticide, Fungicide and Rodenticide Act ( 7 U.S.C. section 136et seq.) and with the State of Maine Board of Pesticides Control according to 7 MRSA §607.

E.Appurtenance. "Appurtenance" means any accessory to a stationary structure coated at the site of installation, whether installed or detached, including but not limited to: bathroom and kitchen fixtures; cabinets; concrete forms; doors; elevators; fences; hand railings; heating equipment, air conditioning equipment, and other fixed mechanical equipment or stationary tools; lampposts; partitions; pipes and piping systems; rain gutters and downspouts; stairways; fixed ladders; catwalks; fire escapes; and window screens.

F. Architectural coating. "Architectural coating" means a coating to be applied to stationary structures and their appurtenances at the site of installation, to portable buildings at the site of installation, to pavements, or to curbs. Coatings applied in shop applications or to non-stationary structures such as airplanes, ships, boats, railcars, and automobiles, and adhesives are not considered architectural coatings for the purposes of this rule.

G. ASTM. "ASTM" means the American Society for Testing and Materials.

H.BAAQMD. "BAAQMD" means the Bay Area Air Quality Management District, a part of the California Air Resources Board (CARB) which regulates air quality in the State of California.

I. Bitumens. "Bitumens" means black or brown materials including, but not limited to, asphalt, tar, pitch, and asphaltite that are soluble in carbon disulfide, consist mainly of hydrocarbons, and are obtained from natural deposits or as residues from the distillation of crude petroleum or coal.

J.Bituminous roof coating. "Bituminous roof coating" means a coating which incorporates bitumens that is labeled and formulated exclusively for roofing.

K. Bituminous roof primer. "Bituminous roof primer" means a primer which incorporates bitumens that is labeled and formulated exclusively for roofing.

L.Bond breaker. "Bond breaker" means a coating labeled and formulated for application between layers of concrete to prevent a freshly poured top layer of concrete from bonding to the layer over which it is poured.

M. Calcimine recoaters. "Calcimine recoaters" means flat solvent borne coatings formulated and recommended specifically for recoating calcimine-painted ceilings and other calcimine-painted substrates.

N.Clear brushing lacquers. "Clear brushing lacquers" means clear wood finishes, excluding clear lacquer sanding sealers, formulated with nitrocellulose or synthetic resins to dry by solvent evaporation without chemical reaction and to provide a solid, protective film, which are intended exclusively for application by brush and which are labeled as specified in section 4(E).

O. Clear wood coatings. "Clear wood coatings" means clear and semi-transparent coatings, including lacquers and varnishes, applied to wood substrates, to provide a transparent or translucent solid film.

P.Coating. "Coating" means a material applied onto or impregnated into a substrate for protective, decorative, or functional purposes. Such materials include, but are not limited to, paints, varnishes, sealers, and stains.

Q. Colorant. "Colorant" means a concentrated pigment dispersion in water, solvent, and/or binder that is added to an architectural coating after packaging in sale units to produce the desired color.

R.Concrete curing compound. "Concrete curing compound" means a coating labeled and formulated for application to freshly poured concrete to retard the evaporation of water.

S. Concrete surface retarders. "Concrete surface retarders" means a mixture of retarding ingredients such as extender pigments, primary pigments, resin, and solvent that interact chemically with the cement to prevent hardening on the surface where the retarder is applied, allowing the retarded mix or cement and sand at the surface to be washed away to create an exposed aggregate finish.

T. Conversion varnish. "Conversion varnish" means a clear acid curing coating with an alkyd or other resin blended with amino resins and supplied as a single component or two-compound product. Conversion varnishes produce a hard, durable, clear finish designed for professional application to wood flooring. This film formation is the result of an acid-catalyzed condensation reaction, affecting a transetherification at the reactive ethers of the amino resins.

U.Dry fog coating. "Dry fog coating" means a coating labeled and formulated only for spray application such that overspray droplets dry before subsequent contact with incidental surfaces in the vicinity of the surface coating activity.

V. Exempt compound. "Exempt compound" means a compound as defined in Chapter 100 of the Department's Regulations, as having negligible photochemical reactivity.

W. Faux finishing coating. "Faux finishing coating" means a coating labeled and formulated as a stain or a glaze to create artistic effects including, but not limited to, dirt, old age, smoke damage, and simulated marble and wood grain.

X. Fire-resistive coating. "Fire-resistive coating" means an opaque coating labeled and formulated to protect the structural integrity by increasing the fire endurance of interior or exterior steel and other structural materials, that has been fire tested and rated by a testing agency and approved by building code officials for use in bringing assemblies of structural materials into compliance with federal, state, and local building code requirements. The fire-resistive coating and the testing agency must be approved by building code officials. The fire-resistive coating shall be tested in accordance with ASTM Designation E 119-98, incorporated by reference in section 6(E)(2).

Y. Fire-retardant coating. "Fire-retardant coating" means a coating labeled and formulated to retard ignition and flame spread, that has been tested and rated by a testing agency approved by building code officials for use in bringing building and construction materials into compliance with federal, state, and local building code requirements. The fire-retardant coating and the testing agency must be approved by building code officials. The fire-retardant coating shall be tested in accordance with ASTM Designation E 84-99, incorporated by reference in section 6(E)(1).

Z. Flat coating. "Flat coating" means a coating that is not defined under any other definition in this rule and that registers gloss less than 15 on an 85-degree meter or less than 5 on a 60-degree meter according to ASTM Designation D 523-89 (1999), incorporated by reference in section 6(E)(3).

AA. Floor coating. "Floor coating" means an opaque coating that is labeled and formulated for application to flooring, including, but not limited to, decks, porches, steps, and other horizontal surfaces which may be subjected to foot traffic.

BB. Flow coating. "Flow coating" means a coating labeled and formulated exclusively for use to maintain the protective coating systems present on utility transformer units.

CC.. Form-release compound. "Form-release compound" means a coating labeled and formulated for application to a concrete form to prevent the freshly poured concrete from bonding to the form. The form may consist of wood, metal or some material other than concrete.

DD. Graphic arts coating or sign paint. "Graphic arts coating or sign paint" means a coating labeled and formulated for hand-application using brush or roller techniques to indoor and outdoor signs (excluding structural components) and murals including letter enamels, poster colors, copy blockers, and bulletin enamels.

EE. High temperature coating. "High temperature coating" means a high performance coating labeled and formulated for application to substrates exposed continuously or intermittently to temperatures above 204^OC (400^OF).

FF. Impacted immersion coating. "Impacted immersion coating" means a high performance maintenance coating formulated and recommended for application to steel structures subject to immersion in turbulent, debris-laden water. These coatings are specifically resistant to high-energy impact damage by floating ice or debris.

GG. Industrial maintenance coating. "Industrial maintenance coating" means a high performance architectural coating, including primers, sealers, undercoaters, intermediate coats, and topcoats, formulated for application to substrates exposed to one or more of the following extreme environmental conditions and labeled as specified in section 4(D):

(1) immersion in water, wastewater, or chemical solutions (aqueous and non-aqueous solutions), or chronic exposures of interior surfaces to moisture condensation;

(2) acute or chronic exposure to corrosive, caustic, or acidic agents, or to chemicals, chemical fumes, or chemical mixtures or solutions;

(3) repeated exposure to temperatures above 121^OC (250^OF);

(4) repeated (frequent) heavy abrasion, including mechanical wear and repeated (frequent) scrubbing with industrial solvents, cleansers, or scouring agents; or

(5) exterior exposure of metal structures and structural components.

HH.Interior wood clear and semitransparent stains. "Interior wood clear and semitransparent stains" means a clear or semi-transparent coating labeled and formulated for use on interior wood substrates and intended to change the appearance of a surface, but not conceal the grain pattern or texture.

II.Lacquer. "Lacquer" means a clear or opaque wood coating, including clear lacquer sanding sealers, formulated with cellulosic or synthetic resins to dry by evaporation without chemical reaction and to provide a solid, protective film.

JJ. Low solids coating. "Low solids coating" means a coating containing 0.12 kilogram or less of solids per liter (one pound or less of solids per gallon) of coating material.

KK. Magnesite cement coating. "Magnesite cement coating" means a coating labeled and formulated for application to magnesite cement decking to protect the magnesite cement substrate from erosion by water.

LL. Mastic texture coating. "Mastic texture coating" means a coating labeled and formulated to cover holes and minor cracks and conceal surface irregularities, which is applied in a single coat of at least 10 mils (0.010 inch) dry film thickness.

MM. Metallic pigmented coating. "Metallic pigmented coating" means a coating containing at least 48 grams of elemental metallic pigment per liter of coating as applied (0.4 pounds per gallon), when tested in accordance with South Coast Air Quality Management District Method 318-95, incorporated by reference in section 6(E)(4).

NN.Multi-color coating. "Multi-color coating" means a coating that is packaged in a single container and exhibits more than one color when applied in a single coat.

OO.Nonflat coating. "Nonflat coating" means a coating that is not defined under any other definition in this rule and registers a gloss of 15 or greater on an 85-degree meter and 5 or greater on a 60-degree meter according to ASTM Designation D 523-89 (1999), incorporated by reference in section 6(E)(3).

PP.Nonflat-high gloss coating. "Nonflat-high gloss coating" means a nonflat coating that registers a gloss of 70 or above on a 60-degree meter according to ASTM Designation D 523-89 (1999), incorporated by reference in section 6(E)(3).

QQ.Nonindustrial use. "Nonindustrial use" means any use of architectural coatings except in the construction or maintenance of any of the following: facilities used in the manufacturing of goods and commodities; transportation infrastructure, including highways, bridges, airports and railroads; facilities used in mining activities, including petroleum extraction; and utilities infrastructure, including power generation and distribution, and water treatment and distribution systems.

RR. Post-consumer coating. "Post-consumer coating" means a finished coating that would have been disposed of in a landfill, having completed its usefulness to a consumer, and does not include manufacturing wastes.

SS. Pre-treatment wash primer. "Pre-treatment wash primer" means a primer that contains a minimum of 0.5 acid, by weight, when tested in accordance with ASTM Designation D 1613-96 (1999), incorporated by reference in section 6(E)(5), that is labeled and formulated for application directly to bare metal surfaces to provide corrosion resistance and to promote adhesion of subsequent topcoats.

TT. Primer. "Primer" means a coating labeled and formulated for application to a substrate to provide a firm bond between the substrate and subsequent coats.

UU. Quick-dry enamel. "Quick-dry enamel" means a nonflat coating that is labeled as specified in section 4(H) and that is formulated to have the following characteristics: is capable of being applied directly from the container under normal conditions with ambient temperatures between 16^O and 27^OC (60^O and 80^OF); when tested in accordance with ASTM Designation D 1640-95 (1999), incorporated by reference in section 6(E)(6), sets to touch in two hours or less, is tack free in four hours or less, and dries hard in eight hours or less by the mechanical test methods; and has a dried film gloss of 70 or above on a 60-degree meter.

VV. Quick-dry primer sealer and undercoater. "Quick-dry primer sealer and undercoater" means a primer sealer or undercoater that is dry to the touch in 30 minutes and can be re-coated in two hours when tested in accordance with ASTM Designation D 1640-95 (1999), incorporated by reference in section 6(E)(6).

WW. Recycled coating. "Recycled coating" means an architectural coating formulated such that not less than 50 percent of the weight consists of secondary and post-consumer coating, with not less than 10 percent of the total weight consisting of post-consumer coating.

XX. Roof coating. "Roof coating" means a non-bituminous coating labeled and formulated exclusively for application to roofs for the primary purpose of preventing penetration of the substrate by water or reflecting heat and ultraviolet radiation. Metallic pigmented roof coatings, which qualify as metallic pigmented coatings, shall not be considered in this category, but shall be considered to be in the metallic pigmented coatings category.

YY. Rust preventive coating. "Rust preventive coating" means a coating formulated exclusively for nonindustrial use to prevent the corrosion of metal surfaces and labeled as specified in section 4(F).

ZZ. Sanding sealer. "Sanding sealer" means a clear or semi-transparent wood coating labeled and formulated for application to bare wood to seal the wood and to provide a coat that can be abraded to create a smooth surface for subsequent applications of coatings. A sanding sealer that also meets the definition of a laquer is not included in this category, but it is included in the lacquer category.

AAA. SCAQMD. "SCAQMD" means the South Coast Air Quality Management District, a part of the California Air Resources Board (CARB), which is responsible for regulation of air quality in the State of California.

BBB. Sealer. "Sealer" means a coating labeled and formulated for application to a substrate for one or more of the following purposes: to prevent subsequent coatings from being absorbed by the substrate, or to prevent harm to subsequent coatings by materials in the substrate.

CCC. Secondary coating (rework). "Secondary coating (rework)" means a fragment of a finished coating or a finished coating from a manufacturing process that has converted resources into a commodity of real economic value, but does not include excess virgin resources of the manufacturing process.

DDD. Shellac. "Shellac" means a clear or opaque coating formulated solely with the resinous secretions of the lac beetle (Laciffer lacca), thinned with alcohol, and formulated to dry by evaporation without a chemical reaction.

EEE. Shop application. "Shop application" means the application of a coating to a product or a component of a product in or on the premises of a factory or a shop as part of a manufacturing, production, or repairing process (e.g., original equipment manufacturing coatings).

FFF.Solicit. "Solicit" means to require for use or to specify by written or oral contract.

GGG.Specialty primer, sealer and undercoater. "Specialty primer, sealer and undercoater" means a coating labeled as specified in section 4(G) and that is formulated for application to a substrate to seal fire, smoke or water damage, to condition excessively chalky surfaces, or to block stains. An excessively chalky surface is one that is defined as having a chalk rating of four or less as determined by ASTM Designation D 4214-98, incorporated by reference in section 6(E)(7).

HHH.Stain. "Stain" means a clear, semi-transparent or opaque coating labeled and formulated to change the color of a surface, but not conceal the grain pattern or texture. This definition excludes stains meeting the definition of interior clear and semitransparent stains.

III.Swimming pool coating. "Swimming pool coating" means a coating labeled and formulated to coat the interior of swimming pools and resist swimming pool chemicals.

JJJ. Swimming pool repair and maintenance coating. "Swimming pool repair and maintenance coating" means a rubber-based coating labeled and formulated to be used over existing rubber-based coatings for the repair and maintenance of swimming pools.

KKK.Temperature-indicator safety coating. "Temperature-indicator safety coating" means a coating labeled and formulated as a color-changing indicator coating for the purpose of monitoring the temperature and safety of the substrate, underlying piping, or underlying equipment, and for application to substrates exposed continuously or intermittently to temperatures above 204^OC (400^OF).

LLL.Thermoplastic rubber coating and mastic. "Thermoplastic rubber coating and mastic" means a coating or mastic formulated and recommended for application to roofing or other structural surfaces and that incorporates no less than 40 percent by weight of thermoplastic rubbers in the total resin solids and may also contain other ingredients including, but not limited to, fillers, pigments, and modifying resins.

MMM.Tint base. "Tint base" means an architectural coating to which colorant is added, after packaging in sale units, to produce a desired color.

NNN. Traffic marking coating. "Traffic marking coating" means a coating labeled and formulated for marking and striping streets, highways, or other traffic surfaces including, but not limited to, curbs, berms, driveways, parking lots, sidewalks and airport runways.

OOO.Undercoater. "Undercoater" means a coating labeled and formulated to provide a smooth surface for subsequent coatings.

PPP.Varnish. "Varnish" means a clear or semi-transparent wood coating, excluding lacquers and shellacs, formulated to dry by chemical reaction. Varnishes may contain small amounts of pigment to color a surface, or to control the final sheen or gloss of the finish.

QQQ.VOC content. "VOC content" means the weight of VOC per volume of coating, calculated according to the procedures specified in section 6(A).

RRR.Waterproofing sealer. "Waterproofing sealer" means a coating labeled and formulated for application to a porous substrate for the primary purpose of preventing the penetration of water.

SSS.Waterproofing concrete/masonry sealer. "Waterproofing concrete/masonry sealer" means a clear or pigmented film-forming coating that is labeled and formulated for sealing concrete and masonry to provide resistance against water, alkalis, acids, ultraviolet light, and staining.

TTT.Wood preservative. "Wood preservative" means a coating labeled and formulated to protect exposed wood from decay or insect attack, that is registered under the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. section 136, et. seq.) and with the State of Maine Board of Pesticides Control according to 7 MRSA §607.

06-096 C.M.R. ch. 151, § 2