10- 144 C.M.R. ch. 292, § 3

Current through 2024-51, December 18, 2024

Section 144-292-3 - DEFINITIONS

A.Abate, Abatement or Lead Abatement means any measure or set of measures designed to permanently eliminate lead hazards. "Abate," "Abatement," or "Lead Abatement" includes, but is not limited to:

(1) 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

(2) All preparation, cleanup and post-abatement clearance testing activities associated with such measures.

"Abatement" does not include interim controls or renovation and remodeling as defined in The Department of Environmental Protection, Lead Management Regulations, 06-096 CMR Ch. 424. For purposes of this definition, "permanently" means for at least 20 years.

B.Blood Lead Analysis refers to the determination of the amount of lead found in the blood as determined by an analytical laboratory or a CLIA waived blood lead testing device

C.Blood Lead Draw refers to the drawing of blood from a patient through a capillary or vein to determine lead levels.

D.Blood Lead Testing includes the processing, analyzing and reporting of child blood lead samples.

E.Child means a person or persons up to 6 years of age.

F.Child-occupied facility means a 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.

G.CLIAs the Clinical Laboratory Improvements Amendments, administered by the U.S. Centers for Medicare and Medicaid Services.

H.Confirmed blood lead level is a blood lead test result based on a venous sample analysis as per Department guidance.

I.Department means the Department of Health and Human Services, Environmental & Occupational Health Program.

J.Environmental Lead Hazard is synonymous with the term "Lead Hazard."

K.Environmental Lead Investigation means a detailed and extensive inspection to determine the probable cause of a case of lead poisoning in a child. An Environmental Lead Investigation may evaluate more sources than a Risk Assessment as defined in DEP rules (06-096 CMR Ch. 424).

L.Health Care Facility means a facility, institution or entity licensed pursuant to Maine Statute, Title 22, that offers health care to persons in Maine, including a home health care provider, hospice program and a pharmacy licensed pursuant to Maine Statute, Title 32. For the purposes of this section, "health care facility" does not include a state mental health institute, the Elizabeth Levins on Center, the Aroostook Residential Center or Free port Towne Square.

M.Health Care Program refers to a program that provides services to children up to six years of age, and that provides guidance supporting well child care (such as but not limited to Head Start and clinics that dispense benefits of the Women, Infants and Children (WIC) Special Supplemental Food Program of the federal Child Nutrition Act of 1966)

N.Health Care Provider means a person licensed by this State to provide or otherwise lawfully providing health care or a partnership or corporation made up of those persons or an officer, employee, agent or contractor of that person acting in the course and scope of employment, agency or contract related to or supportive of the provision of health care to individuals.

O.In-Office means, for the purpose of blood lead testing, means a location where a patient can have his or her blood drawn, analyzed and receive testing results during the same scheduled visit, so that any necessary confirmation testing can be ordered at this time, to avoid potential transportation related barriers to blood lead testing.

P.Interim Controls means a set of measures designed to temporarily reduce exposure to lead-based paint hazards, including specialized cleaning, repairs, maintenance, painting stabilization, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards, and the establishment and operation of management and resident education programs.

R.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.

S.Lead-based Substance means any substance that contains lead at a level that constitutes or potentially constitutes an environmental lead hazard.

T.Lead-contaminated Dust means surface dust that contains a concentration of lead equal to or exceeding 10 micrograms per square foot (10 ug/ft²) on floors, 100 ug/ft² on interior window sills, or 400 ug/ft² on window troughs, based on wipe samples, or surface dust concentration levels defined in the Department of Environmental Protection rules cited in Section 3(A) above, whichever is lowest.

U.Lead-contaminated Soil means soil that contains an amount of lead that is equal to or exceeding 375 ppm in bare soil in play areas, or is equal to or exceeding 1,000 ppm in bare soil in building perimeter areas other than play areas, and no higher than levels defined in the Department of Environmental Protection rules cited in Section 3(A) above.

V.Lead-contaminated Water means water containing equal to, or exceeding, 15 ug/L (ppb) lead, and no higher than levels defined in the Department of Environmental Protection rules cited in Section 3(A) above.

W.Lead Hazard means any condition that may cause exposure to lead from lead-contaminated dust, lead-contaminated soil, lead-contaminated water or lead-based paint that is in poor condition as defined in the Department of Environmental Protection rules cited in Section 3(A) above. Chewable, friction and impact surfaces with lead-based paint may be identified as lead-hazards dependent upon the surface condition, location and other relevant factors. For example, chewable surfaces that evidence children's teeth marks, friction surfaces that are subject to abrasion and where the lead dust level on the nearest horizontal surface is equal to or greater than the lead dust hazard threshold defined in "Lead-contaminated dust" above, are lead hazards.

X.Lead Inspector means a person licensed by the Maine Department of Environmental Protection to perform lead inspections.

Y.Lead poisoned or lead poisoning means a confirmed blood lead level that is equal to, or exceeds, 5 micrograms of lead per deciliter of blood (5ug/dl).

Z.Lead-safe means a residential dwelling unit or child-occupied facility that contains no lead hazards. Note: Please note that proper building maintenance must be performed in order to remain lead-safe. Buildings with chipping or flaking lead- based paint do not meet the criteria of lead-safe.

AA.Occupant means a person who either resides in or regularly uses a dwelling or child-occupied facility for 6 or more hours per week.

BB.Order to Abate is the Department's identification of the existence of the environmental lead hazard and an order from the Department that the owner remove, replace or securely and permanently cover (abate) the lead based substances within 30 days of the Department's notice. It may also serve as the Department's Requirement to Relocate Tenant and a Notice of Penalty Assessment, as appropriate.

CC.Owner means any person who individually, jointly or in common with others:

(1) is the chief executive officer of the municipality, school administrative unit or state agency that controls the use of publicly owned property;

(2) is the mortgagee who has taken actual possession in accordance with applicable law. A mortgagee who has not taken actual possession is not the owner; or

(3) is characterized by the following:

(a) has legal title to any residential dwelling unit;

(b) has charge, care or control of any premises as owner or agent of the owner and has authority to expend money for compliance with the state sanitary code or as an executor, an administrator, a trustee or a guardian of the estate or the holder of legal title;

(c) is a real estate property manager or other entity that has the authority to fund capital or major property rehabilitation on the owner's behalf;

(d) is an estate or trust of which the premises is a part or the grantor or beneficiary of an estate or trust; or

(e) is the association of unit owners of a condominium or cooperative, which is considered as owner solely with respect to common areas and exterior surfaces and fixtures of that condominium or cooperative.

DD.Paint means any substance applied to a surface as a coating, including, but not limited to, household paints, varnishes and stains.

EE.Person means any individual, firm, corporation, association, partnership, the state, or any political subdivision of the state.

FF.Premises means a plotted lot or part of a plotted lot, an unplotted lot or parcel of land, including developed and undeveloped land and any structure that exists on the land, if children use the lot, parcel or structure.

GG.Previous residence means any residential dwelling occupied by a child prior to the primary residence, within 3 months of the identification of lead poisoning.

HH.Primary residence means the residential dwelling in which the child resided at the time case of lead poisoning is identified.

II.Residential dwelling means a structure, including common areas and appurtenant structures such as porches and stoops, 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.

JJ.Secondary premises means any residential dwellings that are not primary residences and/or child occupied facilities in which a child up to 6 years of age lives, visits, or is at 6 or more hours per week.

KK.Single-Family Residence means a residential dwelling consisting of only one dwelling unit.

LL.State Lead Investigator means a lead investigator who is currently licensed by the Department of Environmental Protection as a lead inspector or risk assessor, and is employed or authorized by the Department to conduct environmental lead investigations.

MM.Substitute dwelling unit means a dwelling unit of like or similar accommodation and in like or similar location that is lead safe, to which a family with a lead poisoned child may be moved to prevent further lead exposure of the child. The Department will determine whether a dwelling unit's accommodations are similar by evaluating measures such as, but not limited to, the number of bedrooms in the unit, presence in the same school district, similar access and commute distance to work for the tenant.

10- 144 C.M.R. ch. 292, § 3