A.Abatement. "Abatement" means any measure or set of measures designed to permanently eliminate lead-based paint hazards and lead hazards. Abatement includes, 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; when lead-based paint hazards and lead hazards are present in such paint, dust or soil; and "permanently" means for at least 20 years.(1) All preparation, cleanup, disposal, and post-abatement clearance testing activities associated with such measures;(2) Specifically, abatement includes: (a) 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 unit or child-occupied facility that: (i) Shall result in the permanent elimination of lead-based paint hazards and lead hazards; or(ii) Are designed to permanently eliminate lead-based paint hazards and lead hazards as described in paragraphs (1) and (2) of this definition.(b) Projects resulting in the permanent elimination of lead-based paint hazards and lead hazards, conducted by firms or individuals certified in accordance with these rules, unless such projects are covered by paragraph (3) of this definition;(c) Projects resulting in the permanent elimination of lead-based paint hazards and lead hazards, conducted by firms or individuals who, through their company name or promotional literature, represent, advertise, or hold themselves out to be in the business of performing lead-based paint activities as identified and defined by this section, unless such projects are covered by paragraph (3) of this definition; or(d) Projects resulting in the permanent elimination of lead-based paint hazards and lead hazards, that are conducted in response to State or local abatement orders.(3) Abatement does not include renovation, remodeling, landscaping or other activities, when such activities are not designed to permanently eliminate lead-based paint hazards and lead hazards, but, instead, are designed to repair, restore, or remodel a given structure or dwelling unit, even though these activities may incidentally result in a reduction or elimination of lead-based paint hazards and lead hazards. Furthermore, abatement does not include interim controls, operations and maintenance activities, or other measures and activities designed to temporarily, but not permanently, reduce lead-based paint hazards and lead hazards.B.Abrasive blasting. "Abrasive blasting" means the procedure of removing paint from a surface by using forcefully propelled abrasive material, such as sand, grit, or other similar material, to the painted surface.C.ASTM. "ASTM" means the American Society of Testing and Materials.D.Blue suit procedures. "Blue suit procedures" means a decontamination procedure whereby clean coveralls are left immediately outside the work area(s) when certified lead professionals first enter the work area wearing personal protective coveralls and respiratory protection and following abatement activities proceed to a remote decontamination unit by placing clean personal protective coveralls over the contaminated coveralls.E.Business entity. "Business entity" means a partnership, firm, association, corporation, sole proprietorship, or other business concern.F.Certificate. "Certificate" means a document issued to an individual by the Commissioner affirming that the individual has successfully completed the training and other requirements set forth in this Chapter to qualify as and engage in the activities of a lead professional.G.Certified renovator. "Certified renovator" means a person who either performs or directs workers who perform renovation and remodeling activities in residential and/or child-occupied facilities, and who has successfully completed a renovator course accredited by EPA and has completed the application process with the EPA to become a certified renovator as required by the EPA Lead-Based Paint, Renovation, Repair and Painting Rule (RRP). 40 C.F.R. Part 745, subpart E, as amended up to July 1, 2020.H.Child-occupied facility. "Child-occupied facility" means a pre-1978 building or portion of a building visited regularly by the same child, up to 6 years of age, on at least 2 different days within any week, provided that each day's visit lasts at least 3 hours, the combined weekly visit lasts 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. Note: Child-occupied facilities may be located in pre-1978 housing or in public or commercial buildings. With respect to common areas in public or commercial buildings that contain child-occupied facilities, the child-occupied facility encompasses only those common areas that are routinely used by children under age 6, such as restrooms and cafeterias. Common areas that children under age 6 only pass through, such as hallways, stairways, and garages are not included. In addition, with respect to exteriors of public or commercial buildings that contain child-occupied facilities, the child-occupied facility encompasses only the exterior sides of the building that are immediately adjacent to the child-occupied facility or the common areas routinely used by children under age 6.
I.Clean room. "Clean room" means the section of the decontamination unit that is connected to the hand/face wash station or shower room where clean clothes and clean personal protective coveralls are kept. Clean room shall be of sufficient size for their intended use but shall be at a minimum of three (3) by three (3) feet.J.Clearance examination. "Clearance examination" means the process whereby a lead risk assessor or inspector documents that all lead abatement methods were properly completed as specified in abatement documents such as a project design, work plan or risk assessment report. It also includes a visual assessment of the work area to document that the work area is visually free of dust and debris so that clearance sampling can be initiated.K.Clearance sampling. "Clearance sampling" means dust sampling, soil sampling and/or water sampling for the purpose of ascertaining that no lead-based paint hazard or lead hazards exist at the conclusion of a lead abatement project. Note: In projects where both lead abatement and interim control measures are being used in the same work area, the more stringent lead abatement clearance standards apply to the entire work area. In lead projects where there are specific work areas where only interim control measures are being used, then the clearance protocols of the EPA RRP rule or HUD's "Lead-Based Paint Poisoning Prevention in Certain Residential Structures," 24 C.F.R. Part 35, as amended up to July 1, 2020, apply as applicable, unless required otherwise by contract.
L.Commissioner. "Commissioner" means the Commissioner of the Department of Environmental Protection.M.Component or building component. "Component" or "building component" means specific design or structural elements or fixtures of a residential dwelling unit 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, door units, floors, fireplaces, radiators and other heating units, shelves, shelf supports, stair treads, stair risers, stair stringers, newel posts, railing caps, balustrades, window units, built in cabinets, columns, beams, bathroom fixtures, plumbing, counter tops, and air conditioners; and exterior components such as: painted roofing, chimneys, flashing, gutters and downspouts, ceilings, soffits, facias, rake boards, corner boards, bulkheads, door units, fences, floors, joists, lattice work, railings and railing caps, siding, handrails, stair risers and treads, stair stringers, columns, balustrades, window units, and air conditioners.N.Conditions of paint. "Conditions of paint" means one of the three classifications as described below as applied to lead-based paint on each individual component or side of a building or room: O.Containment. "Containment" means the physical measures taken to ensure that dust and debris created or released during lead-based paint hazard reduction are not spread, blown, or tracked from inside to outside of the work area.P.Containment area. "Containment area" means a specific area that include measures designated for lead abatement activities. Activities that have been implemented to control the release of the lead-contaminated dust and debris created during an abatement and to limit personnel access to the area.Q.Decontamination unit. "Decontamination unit" means a 6-mil poly self-contained area between the work area and outside clean area that is used for decontamination of personnel, and a clean room for changing. The decontamination unit is adjacent and connected to the work area and its design and operation prevents personnel clothing and equipment that has become contaminated with lead in the work area from contaminating areas beyond the decontamination unit. Note: A shower facility, where feasible, is required by OSHA 29 C.F.R. § 1926.62, as amended up to July 1, 2020, whenever the OSHA permissible exposure level (PEL) is exceeded.
R.Department. "Department" means the Department of Environmental Protection.S.Design consultant. "Design consultant" means an individual who prepares abatement project designs, occupant protection plans and abatement reports. These activities include advising owners, contractors, inspectors, risk assessors and project supervisors regarding lead abatement activities such as abatement project designs and occupant protection plans.T.Deteriorated. "Deteriorated" means any paint coating on a damaged surface or fixture, or any interior or exterior lead-based paint that is peeling, chipping, blistering, flaking, worn, or alligator-like cracking, or otherwise becoming separated from the substrate.U.Discipline. "Discipline" means a specific area of professional expertise certifiable under the provisions of Chapter 424, including lead abatement worker, project supervisor, lead inspector, risk assessor, and design consultant.V.Door unit. "Door unit" means a door and associated trim. A door unit is comprised of some or all of the following parts: door (includes the door stiles, panels, and edge); door jamb (includes frame and stops); door casing and door threshold.W.Employee. "Employee" means an individual who may be permitted, required, or directed by an employer, in consideration of direct or indirect gain or profit, to engage in any activity.X.Encapsulation. "Encapsulation" means the application of any covering or coating specifically formulated for use on lead-based paint that acts as a barrier between the lead-based paint and the environment and that relies, for its durability, on adhesion between the encapsulant and the painted surface, and on the integrity of the existing bonds between paint layers, and between the paint and the substrate.Y.Enclosure. "Enclosure" or "enclosure system" mean the use of rigid durable construction materials, such as laminate or vinyl siding mechanically fastened to the substrate, which act as a barrier between the lead-based paint and the environment.Z.EPA. "EPA" means the United States Environmental Protection Agency.AA.Essential maintenance practices. "Essential maintenance practices" means a prescribed program of routine maintenance activities, including worker training and lead-safe work practice designed to prevent the creation or development of lead-based paint hazards or lead hazards.BB.Fair condition. "Fair condition" means deteriorated paint in amounts that do not exceed 20 square feet on exterior surfaces, 2 square feet in any one interior room or space, or 10 percent of the total surface area on an interior or exterior component type with a small surface area (such as window sills, baseboards, or trim). Paint in fair condition may also be referred to as "Deteriorated paint in de minimis amounts." Note: "Deteriorated paint in de minimis amounts" refer to specific thresholds in HUD and EPA regulations that dictate how control or repair must be performed. According to HUD, all deteriorated lead-based paint must be controlled or abated, regardless of the amount of paint present. Amounts of paint below the de minimis threshold do not require the use of trained or certified workers, lead-safe work practices, including occupant protection, clearance and notice to residents (if required). However, HUD does recommend that lead-safe work practices, including occupant protection, clearance and notice to residents be implemented whenever known or presumed lead-based paint in de-minimis amounts is disturbed.
CC.First-draw sample. "First-draw sample" means a sample of tap water that has been standing undisturbed in the plumbing pipes at least 6 hours and is collected without prior flushing of the pipes.DD.Friction surface. "Friction surface" means a surface that is subject to abrasion or rubbing including, window, door, floor, and stair surfaces.EE.Flushed sample. "Flushed sample" means a sample of tap water collected after the tap has been allowed to run at its maximum flow rate for a minimum of 5 minutes before the sample is collected.FF.Hand/face wash station or shower facility. "Hand/face wash station" means the section of the decontamination unit that is connected to the work area and to the clean room and is used for personal decontamination whenever persons exit from the work area. Note: A shower facility, where feasible, is required by OSHA 29 C.F.R. § 1926.62, as amended up to July 1, 2020 whenever the OSHA permissible exposure level (PEL) is exceeded.
GG.HEPA filtration. "HEPA filtration" means high-efficiency particulate air filtration used in respirators and vacuum systems, capable of removing all particles as measured at 0.3 microns in diameter or greater from the air with 99.97% efficiency or greater.HH.HEPA vacuum. "HEPA vacuum" means a vacuum cleaner equipped with HEPA filtration.II.Household hazardous waste. "Household hazardous waste" means any household waste material excluded from identification as a hazardous waste by 06-096 C.M.R. Chapter 850 § 3(A)(4)(a) (vii).JJ.HUD. "HUD" means the United States Department of Housing and Urban Development.KK.Impact surface. "Impact surface" means a surface that is subject to damage by repeated sudden force, such as certain parts of door frames.LL.Intact. "Intact" means paint that is entirely undamaged and undisturbed.MM.Interim controls. "Interim controls" means a set of non-abatement measures designed to temporarily reduce human exposure or likely exposure to lead-based paint hazards or lead hazards, including specialized cleaning, repairs, maintenance, paint stabilization, temporary containment, ongoing monitoring of potential lead-based paint hazards or lead hazards and the establishment and operation of management and resident education programs. Interim controls also include shrubbery or bushes that are sufficiently dense to prevent ready access to lead contaminated soil. Note: All interim controls in residential dwelling unit or child-occupied facilities subject to the EPA Lead-Based Paint, Renovation, Repair and Painting Rule (RRP), 40 C.F.R. Part 745, subpart E, as amended up to July 1, 2020, or HUD's rule, "Lead-Based Paint Poisoning Prevention in Certain Residential Structures," 24 C.F.R. Part 35, as amended up to July 1, 2020 must be conducted in accordance with the applicable federal regulations.
NN.Lead abatement activities. "Lead abatement activities" means the act of paint removal, encapsulating lead-based paint, enclosing lead-based paint, component removal of lead-based paint hazards or lead hazards, the removal of contaminated lead-based paint hazards or lead hazards and the removal or capping of lead contaminated soil.OO.Lead consultant. "Lead consultant" means a business entity licensed by the Department that engages in or intends to engage in lead paint activities for lead inspection, lead risk assessment, design consulting, lead determinations and lead screening as a business service and employs the appropriately certified individuals to conduct the services provided as applicable.PP.Lead abatement contractor. "Lead abatement contractor" means a business entity that engages in or intends to engage in lead abatement activities as a business service and employs or involves one or more project supervisors for lead abatement activities.QQ.Lead abatement worker. "Lead abatement worker" means an individual engaging in any lead abatement activity for a licensed lead abatement contractor.RR.Lead-based paint. "Lead-based paint" means paint or other surface coatings that contain lead equal to or in excess of 1.0 milligram per square centimeter or equal to or in excess of 0.5% by weight or 5,000 ppm.SS.Lead-based paint activities. "Lead-based paint activities" means lead inspection, risk assessment, lead abatement design, lead abatement and services related to lead-based paint such as lead-based paint hazard screens, lead determinations, and providing lead abatement training.TT.Lead-based paint waste. "Lead-based paint waste" means any waste, debris, or material containing lead-based paint that is intended for disposal, including, chips, dust, soil, sludges, concentrated lead wastes, architectural components, and disposable equipment and clothing used during abatement, rehabilitation, renovation or remodeling activities.UU.Lead-contaminated dust. "Lead-contaminated dust" means surface dust that contains a mass per area concentration of lead equal to or exceeding 10ug/ft2 on floors and carpets, 100 ug/ft2 on interior windowsills, or 100 ug/ft2 for window wells based on wipe samples.VV.Lead-contaminated soil. "Lead-contaminated soil" means soil that contains an amount of lead that is equal to or exceeding 100 ppm in bare soil in play areas or is equal to or exceeding 900 ppm from bare soil in building perimeters areas that are not play areas.WW.Lead-contaminated water. "Lead-contaminated water" means water containing measurable amounts of lead. Lead-contaminated water containing equal to or greater than 15 ppb lead is a lead hazard. Note: Contact the Maine Center for Disease Control and Prevention, Division of Environmental Health, Drinking Water Program (207-287-2070) for assistance with lead-contaminated water including a listing of water quality professionals familiar with options for mitigating lead-contaminated water.
XX.Lead determination. "Lead determination" means an assessment of a residential dwelling unit or child-occupied facility, or a limited portion of these, for the purpose of identifying the presence of lead-based paint hazards and lead hazards. YY.Lead hazard. "Lead hazard" means conditions that may cause exposure to lead-contaminated dust attributed to lead-contaminated paint, lead-contaminated soil, and lead-contaminated water. Lead hazards include: drinking water containing equal to or greater than 15 ppb lead, bare soil in play areas containing greater than or equal to 100 ppm lead; bare soil in building perimeter areas other than play areas containing greater than or equal to 900 ppm lead.ZZ.Lead-based paint hazard. "Lead-based paint hazard" means lead-based paint that is in poor condition. AAA.Lead hazard screen. "Lead hazard screen" means a limited risk assessment conducted only in dwelling units where the paint is in intact condition and where the probability of finding lead-based paint hazards and lead hazards is low.BBB.Lead inspection. "Lead inspection" means a surface-by-surface assessment to determine the presence and condition of lead-based paint and lead dust, lead-contaminated soil, and lead-contaminated drinking water and the provision of a written report.CCC.Lead inspector. "Lead inspector" means an individual who conducts lead inspections, lead determinations, clearance examinations and lead-safe evaluations.DDD.Lead poisoned. "Lead poisoned" means having a confirmed elevated level of blood lead that is injurious, as defined in Rules Relating to the Lead Poisoning Control Act, 10-144 C.M.R. Chapter 292.EEE.Lead professional. "Lead professional" means an individual who performs lead-based paint activities including a lead abatement worker, a project supervisor, a lead inspector, a risk assessor, or a design consultant.FFF.Lead-safe. "Lead-safe" means a premises that contains no lead-based paint hazards or lead hazards. A lead-safe condition may persist provided no additional lead-based substances are introduced into the residential dwelling unit or child-occupied facility or the condition of the existing lead-based substances does not deteriorate.GGG.Lead training provider. "Lead training provider" means a business entity that offers accredited lead training courses in the State of Maine.HHH.License. "License" means a document issued by the Commissioner to a business entity or public entity, including a lead abatement contractor, a lead consulting entity or a lead training provider, affirming that the business entity has met the requirements set forth in this Chapter to engage in lead-based paint activities.III.Limited lead-safe certificate. "Limited lead-safe certificate" means a certificate issued to an owner when a lead inspector or risk assessor has determined that no lead-based paint, lead dust hazards, lead-contaminated soil, or lead-contaminated drinking water exists at a residential or child-occupied facility or portion thereof.JJJ.Mini-enclosure system. "Mini-enclosure system" means a small lead dust containment system constructed around a component. Constructed with wood or other rigid framing, covered with 6-mil poly sheeting on the walls (typically 2 to 3 sides, ceiling, and floor) with an air-flap entry. The entire system must effectively contain lead dust and debris. The mini-enclosure must be affixed securely to the wall such that there are no gaps between the mini-enclosure and the wall. The mini enclosure defines the work area. The mini enclosure must remain in place until clearances are achieved.KKK.Minor maintenance activity. "Minor maintenance activity" means an interim control measure in residential and child-occupied facilities that is not subject to the requirements of the EPA Lead-Based Paint, Renovation, Repair and Painting Rule, 40 C.F.R. Part 745, subpart E, as amended up to July 1, 2020, or the HUD rule, "Lead-Based Paint Poisoning Prevention in Certain Residential Structures," 24 C.F.R. Part 35, as amended up to July 1, 2020.LLL.NIOSH. "NIOSH" means the National Institute for Occupational Safety and Health.MMM.NLLAP. "NLLAP" means the National Lead Laboratory Accreditation Program.NNN.Occupant. "Occupant" means a person who resides in a residential dwelling unit or resides in or uses a child-occupied facility.OOO.Operator. "Operator" means a person who leases, operates, controls, or supervises a lead abatement activity within a building, structure, or facility.PPP.OSHA. "OSHA" means the Occupational Safety and Health Administration of the United States Department of Labor.QQQ.Property owner. "Property owner" means a person, firm, corporation, guardian, conservator, trustee legal representative or registered agent who alone or jointly and severally with others owns, holds or controls the whole or any part of the freehold or leasehold interest to any property, with or without actual possession.RRR.Paint. "Paint" means any substance applied to a surface as a coating, including household paints, varnishes, and stains.SSS.Paint removal. "Paint removal" means an abatement method where all lead-based paint is removed from a building component. Removing paint from only the friction or impact surfaces of a component does not constitute abatement.TTT.Person. "Person" means any individual, business entity, governmental body or other public or private organization.UUU.Polyethylene (6 mil). "6-mil poly" means a plastic film made of polyethylene that is at least 6/1000 (.006) of an inch thick.VVV.Play area. "Play area" means an area of frequent soil contact by children of less than 6 years of age, as indicated by the presence of play equipment (e.g., sandboxes, swing sets, sliding boards) or toys or other children's possessions, observations of play patterns, or information provided by parents, residents or property owners.WWW.Poor condition. "Poor condition" means all deteriorated paint that is not identified as paint in Fair or Intact condition. Paint in poor condition may be referred to as deteriorated paint.XXX.Project. "Project" means lead abatement activities that occur at a location during a discrete and finite time period and with a lapse in abatement activity of no more than 10 working days.YYY.Project design. "Project design" means a project-specific abatement plan or any related set of directions, work orders, bid documents or specifications developed by a design consultant for the removal, enclosure or encapsulation of any lead-based paint or lead-based paint hazards or lead hazards in accordance with Section 6(C).ZZZ.Project supervisor. "Project supervisor" means an individual with responsibility for lead abatement project activities for a licensed lead abatement contractor. This includes preparing occupant protection plans, selecting abatement work practices and work site preparation activities.AAAA.Remote decontamination unit. "Remote decontamination unit" means a decontamination unit that is not contiguous with the work area.BBBB.Renovation and remodeling. "Renovation and remodeling" means the replacement or reconstruction of any part of a residence or residential dwelling unit in which the primary intent is not to abate lead, but rather to repair, restore, or remodel a given structure, which may incidentally result in the reduction of lead-based paint.CCCC.Residential dwelling unit. "Residential dwelling unit" means a room or group of rooms that form a single independent habitable unit for occupation by one or more individuals that has facilities with permanent provisions for living, sleeping, eating, cooking and sanitation, including common areas and appurtenant structures, 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, including children's homes as defined in 22 M.R.S. §8101.DDDD.Risk assessment. "Risk assessment" means an on-site assessment to determine the existence, nature, severity, and location of lead-based paint hazards and lead hazards, and a written report by an individual or firm conducting the risk assessment explaining the results of the assessment and the options for reducing lead-based paint hazards and lead hazards.EEEE.Risk assessor. "Risk assessor" means an individual who has been trained to conduct risk assessments as well as lead inspections, lead determinations, clearance examinations and lead-safe evaluations.FFFF.Room equivalent. "Room equivalent" means an identifiable part of a residential dwelling unit or child-occupied facility that has the same renovation and painting history such as a room, a house exterior, a foyer, staircase, hallway or an exterior area (exterior areas contain items such as play areas). Closets or other similar areas adjoining rooms are not considered as separate room equivalents unless they are obviously dissimilar from the adjoining room equivalent. An individual side of an exterior is not considered to be a separate room equivalent unless there is visual or other evidence that its paint history is different from that of the other sides. All sides of a building are treated as a single room equivalent if the paint history appears to be similar. For multi-family developments or apartment buildings, common areas and exterior sites are treated as separate types of dwelling unit not as room equivalents.GGGG.State investigator. "State investigator" means a certified risk assessor who is employed or authorized by the Maine Department of Health and Human Services to conduct environmental lead investigations.HHHH.Substrate. "Substrate" means the material underneath the paint that is classified into one of six types: brick, concrete, drywall, metal, plaster, or wood.IIII.Targeted risk assessment. "Targeted risk assessment" means an on-site risk assessment of a limited portion of a residential dwelling unit or child-occupied facility, to determine the existence, nature, severity, and location of lead-based paint hazards and lead hazards in that portion of the building, and the written report explaining the results of the assessment and the options for reducing or eliminating the lead-based paint hazards or lead hazards in the targeted area.JJJJ.TCLP. "TCLP" means the "Toxicity Characteristic Leaching Procedure" as described in EPA SW-846.KKKK.Testing combination. "Testing combination" means a unique combination of room equivalent, building component type, and substrate.LLLL.Training manager. "Training manager" means the individual responsible for administering a training program and monitoring the performance of principal instructors and guest instructors.MMMM.Training provider. "Training provider" means a person providing training that is necessary to fulfill certification or licensing requirements under this Chapter.NNNN.Wet cleaning. "Wet cleaning" means a process of eliminating lead contamination from surfaces and objects, including, floors, walls, windows, and window wells by washing with a solution of water and a lead-specific cleaning agent or an all-purpose household cleaner and rinsing with clean water.OOOO.Wet vacuuming. "Wet vacuuming" means a process of cleaning using a vacuum cleaner that entraps debris in a liquid medium.PPPP.Window unit. "Window unit" means a window and associated trim. A window unit is comprised of the following parts: window sash (includes mullions); window casing (includes header and apron); windowsill; window jamb (includes parting bead and stops); and window well (also called trough).QQQQ.Work area. "Work area" means an interior or exterior area where a lead abatement activity takes place. There may be more than one work area within a residential dwelling unit or child-occupied facility or within individual rooms. When used, a mini enclosure system constitutes the work area.RRRR.XRF. "XRF" means an x-ray fluorescence direct read or spectrum analyzer used to determine lead concentration in paint.06-096 C.M.R. ch. 424, § 1