N.J. Admin. Code § 7:27-23.2
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise.
"All other architectural coatings" means any architectural coating which does not meet any of the other architectural coating definitions contained within this section.
"Adhesive" means a chemical substance that is applied for the purpose of bonding two surfaces together other than by mechanical means.
"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.
"Antenna coating" means a coating formulated and recommended exclusively for application to equipment and associated structural appurtenances that are used to receive or transmit electromagnetic signals.
"Antifouling coating" means a coating formulated and recommended 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 as an antifouling coating under the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. §§ 136 et seq.
"Appurtenance" means an 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 and fire escapes; and window screens.
"Architectural coating" means a coating to be applied at the site of installation to the following: stationary structures or their appurtenances, portable buildings, pavements, or curbs. This term does not include adhesives and coatings applied in shop applications or to non-stationary structures such as airplanes, ships, boats, railcars, and automobiles.
"ASTM" means the American Society for Testing and Materials.
"BAAQMD" means the Bay Area Air Quality Management District, one of 35 air pollution control agencies in California, which regulate air quality in California by jurisdiction of the district, and are overseen by the California Air Resources Board (CARB).
"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.
"Bituminous coating" or "bituminous sealer" means a coating material, consisting mainly of hydrocarbons and soluble in carbon disulfide, that is obtained from natural deposits or as residue from the distillation of crude petroleum oils or of low grades of coal.
"Bituminous roof coating" means a coating that incorporates bitumens and that is formulated and recommended exclusively for roofing.
"Bituminous roof primer" means a primer that incorporates bitumens and that is formulated and recommended exclusively for roofing.
"Bond breaker" means a coating that is formulated and recommended 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.
"CARB" means the California Air Resources Board, which oversees all air pollution control efforts in California, including the activities of 35 independent local air districts. California state law vests CARB with direct authority to regulate pollution from motor vehicles, fuels, and consumer products.
"CARB SCM" means the California Air Resources Board Suggested Control Measure for Architectural Coatings, adopted June 22, 2000.
"CARB survey" means the California Air Resources Board's 1998 Architectural Coatings Survey Results Final Report, dated September 1999, or any subsequent CARB survey, which is incorporated by reference herein. A copy of this survey can be found on the CARB website at http://www.arb.ca.gov.
"Calcimine recoater" means a flat solvent-borne coating formulated and recommended on its label specifically for recoating calcimine painted ceilings and other calcimine painted substrates.
"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.
"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.
"Concrete curing compound" means a coating formulated and recommended for application to freshly poured concrete to retard the evaporation of water.
"Concrete surface retarder" 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 of cement and sand at the surface to be washed away to create an exposed aggregate finish.
"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-component product. Conversion varnishes produce a hard, durable, clear finish designed for professional application to wood flooring. The film formation is the result of an acid-catalyzed condensation reaction, affecting a transetherification at the reactive ethers of the amino resins.
"Department" means the New Jersey Department of Environmental Protection.
"Distributor" means a person to whom a product is sold or supplied for the purpose of resale or distribution in commerce, except that manufacturers, retailers, and consumers are not distributors.
"Dry fog coating" means a coating formulated and recommended only for spray application such that overspray droplets dry before subsequent contact with incidental surfaces in the vicinity of the surface coating activity.
"EPA" means the United States Environmental Protection Agency.
"Exempt compound" means a compound excluded under the definition of volatile organic compound (VOC) within this subchapter.
"Faux finishing coating" means a coating formulated and recommended 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.
"Fire-resistive coating" means an opaque coating formulated and recommended 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 119-00a, including any subsequent revisions, which is incorporated by reference at N.J.A.C. 7:27-23.4(e)2.
"Fire retardant coating" means a coating labeled and formulated to retard ignition and flame spread, that has been fire tested and rated by a testing agency and 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 84-01, including any subsequent revisions, which is incorporated by reference at N.J.A.C. 7:27-23.4(e)1.
"Flat coating" means a coating that is not defined under any other definition in this subchapter and that registers a gloss of 15 or less on a glossmeter held at an 85 degree angle to the coated surface or less than five on a glossmeter held at a 60 degree angle, according to ASTM Designation D 523-89 (1999), including any subsequent revisions, which is incorporated by reference at N.J.A.C. 7:27-23.4(e)3.
"Floor coating" means an opaque coating that is formulated and recommended for application to flooring, including, but not limited to, decks, porches, steps, and other horizontal surfaces, that may be subjected to foot traffic.
"Flow coating" means a coating that is used by electric power companies or their subcontractors to maintain the protective coating systems present on utility transformer units.
"Form-release compound" means a coating formulated and recommended 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.
"Formulation data" means a list of the materials used to create a coating based on information from the coating manufacturer, rather than on information from a coating test method used after the product is manufactured. Manufacturer's formulation data may include, but is not limited to, information on density, VOC content, and coating solids content.
"High performance coating" means an architectural coating formulated for and exposed to harsh environmental conditions including, but not limited to: outside weather conditions all the time, or temperatures consistently above 95 degrees Centigrade or below zero degrees Centigrade; or solvents, detergents, abrasives or scouring agents; or corrosive atmospheres or fluids.
"High temperature coating" means a high performance coating formulated and recommended for application to substrates exposed continuously or intermittently to temperatures above 204 degrees Centigrade (400 degrees Fahrenheit).
"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 caused by floating ice or debris.
"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 N.J.A.C. 7:27-23.5(b)3:
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 degrees Centigrade (250 degrees Fahrenheit);
4. Repeated (frequent) heavy abrasion, including mechanical wear and repeated (frequent) scrubbing with industrial solvents, cleansers, or scouring agents; and/or
5. Exterior exposure of metal structures and structural components.
"Label" means anything functioning as a means of identification, such as any paper, plastic or printed inscription, placed on the container of a product.
"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.
"Lacquer, clear brushing" means a clear wood finish, excluding clear lacquer sanding sealers, that is formulated with nitrocellulose or synthetic resins to dry by solvent evaporation without chemical reaction and to provide a solid, protective film; intended exclusively for application by brush; and labeled as specified in N.J.A.C. 7:27-23.5(b)4.
"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.
"Magnesite cement coating" means a coating formulated and recommended for application to magnesite cement decking to protect the magnesite cement substrate from erosion by water.
"Manufacturer" means a person who manufactures, imports, assembles, processes, produces, packages, repackages, or relabels a product. Manufacturer also includes any person for whom the product is manufactured, or by whom the product is distributed, if that person is identified as such on the product label. Manufacturer also includes any person that hires another person to manufacture a product for compensation.
"Manufacturers maximum recommendation" means the maximum recommendation for thinning that is indicated on the label or lid of the coating container.
"Mastic texture coating" means a coating, except waterproof mastic coatings, that is formulated and recommended to cover holes and minor cracks and to conceal surface irregularities, and is applied in a single coat of at least 10 mils (0.010 inch) dry film thickness.
"Metallic pigmented coating" means a coating containing at least 48 grams per liter (0.4 pounds per gallon) as applied of elemental metallic pigment, mica particles or any combination of metallic pigments and mica particles, when tested in accordance with SCAQMD Method 318-95, including any subsequent revisions, which is incorporated by reference at N.J.A.C. 7:27-23.4(d)4.
"Multicolored coating" means a coating that exhibits more than one color when applied in a single coat and that is packaged in a single container.
"Non-flat coating" means a coating that is not defined under any other definition in this subchapter that registers a gloss of 15 or greater on a glossmeter held at an 85 degree angle to the coated surface or five or greater on a glossmeter held at a 60 degree angle, according to ASTM Designation D 523-89 (1999), including any subsequent revisions, which is incorporated by reference at N.J.A.C. 7:27-23.4(d)3.
"Non-flat high gloss coating" means a non-flat coating that registers a gloss of 70 or above on a 60 degree meter according to ASTM Designation D 523-89 (1999), including any subsequent revisions, which is incorporated by reference at N.J.A.C. 7:27-24.4(e)3.
"Non-industrial 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 systems, and water treatment and distribution systems.
"Nuclear coating" means a protective coating formulated and recommended to seal porous surfaces such as steel (or concrete) that otherwise would be subject to intrusion by radioactive materials. These coatings must be resistant to long-term (service life) cumulative radiation exposure (ASTM Method D 4082 02, Standard Test Method for Effects of Gamma Radiation on Coatings for Use in Light-Water Nuclear Power Plants, including any subsequent revisions, which is incorporated by reference at N.J.A.C. 7:27-23.4(e)8 ); relatively easy to decontaminate; and resistant to various chemicals to which the coatings are likely to be exposed (ASTM Method D 3912 95 (2001), Standard Test Method for Chemical Resistance of Coatings Used in Light-Water Nuclear Power Plants, including any subsequent revisions, which is incorporated by reference at N.J.A.C. 7:27-23.4(e)9 ).
"Person" means and includes corporations, companies, associations, societies, firms, partnerships and joint stock companies, as well as individuals, and shall also include all political subdivisions of this State or any agencies or instrumentalities thereof.
"Post-consumer coating" means a finished coating that would have been disposed of, having completed its usefulness to a consumer, and does not include manufacturing wastes.
"Pre-treatment wash primer" means a primer that contains a minimum of 0.5 percent acid, by weight, when tested in accordance with ASTM Designation D 1613-02, including any subsequent revisions, which is incorporated by reference at N.J.A.C. 7:27-23.4(e)5, that is formulated and recommended for application directly to bare metal surfaces to provide corrosion resistance and to promote adhesion of subsequent topcoats.
"Primer" means a coating formulated and recommended for application to a substrate to provide a firm bond between the substrate and subsequent coats.
"Quick-dry enamel" means a non-flat coating that is labeled as specified in N.J.A.C. 7:27-23.5(b)7 and that is formulated to have the following characteristics:
1. It is capable of being applied directly from the container under normal conditions with ambient temperatures between 16 and 27 degrees Centigrade (60 and 80 degrees Fahrenheit);
2. When tested in accordance with ASTM Designation D 1640-95 (1999), including any subsequent revisions, which is incorporated by reference at N.J.A.C. 7:27-23.4(e)6, it 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 method; and
3. Has a dried film gloss of 70 or above on a 60 degree meter, in accordance with ASTM Designation D 523-89(1999), including any subsequent revisions, which is incorporated by reference at N.J.A.C. 7:27-23.4(e)3.
"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), including any subsequent revisions, which is incorporated by reference at N.J.A.C. 7:27-23.4(e)6.
"Recommended" means, for coatings manufactured before January 1, 2005, recommended by the manufacturer either on the container label, in literature describing the product or on the manufacturer's website, and for coatings manufactured on or after January 1, 2005, recommended by the manufacturer on the coating container's label only.
"Recycled coating" means an architectural coating formulated such that not less than 50 percent of the total weight consists of secondary and post-consumer coating, with not less than 10 percent of the total weight consisting of post-consumer coating.
"Residence" means an area where people reside, dwell or lodge, including, but not limited to, single and multiple family dwellings, condominiums, townhomes, mobile homes, apartment complexes, motels, and hotels.
"Retailer" means any person who owns, leases, operates, controls, or supervises a retail outlet.
"Retail outlet" means any establishment at which products are sold, supplied, or offered for sale directly to consumers.
"Roof coating" means a non-bituminous coating formulated and recommended 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, that meet the definition of metallic pigmented coatings, shall not be considered roof coatings, but shall be considered metallic pigmented coatings.
"Rust preventive coating" means a coating formulated exclusively for non-industrial use to prevent the corrosion of metal surfaces and labeled as specified in N.J.A.C. 7:27-23.5(b)5. The coating may be used for industrial use, if the coating complies with the industrial maintenance coating VOC limit specified at N.J.A.C. 7:27-23.3(i) Table 1.
"Sanding sealer" means a clear or semi-transparent wood coating formulated and recommended 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 lacquer, shall not be considered a sanding sealer, but shall be considered a lacquer.
"SCAQMD" means the South Coast Air Quality Management District, one of 35 air pollution control agencies in California, which regulate air quality in California by jurisdiction of the district, and are overseen by the California Air Resources Board (CARB).
"Sealer" means a coating formulated and recommended 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.
"Secondary coating (rework)" means a finished coating or a fragment of a finished coating from a manufacturing process that cannot be sold for the intended purpose and would otherwise be disposed of as a manufacturing waste.
"Shellac" means a clear or pigmented coating formulated solely with the resinous secretions of the lac beetle (laccifier lacca), thinned with alcohol, and dried by evaporation without a chemical reaction.
"Shop application" means 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 (for example, original equipment manufacturing coatings).
"Sign paint or graphic arts coating" means a coating formulated and recommended for hand-application by artists, 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.
"Specialty primer, sealer and undercoater" means a coating that is formulated for application to a substrate to seal fire, smoke or water damage; to condition excessively chalky surfaces; or to block stains, and is labeled as specified in N.J.A.C. 7:27-23.5(b)6. 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, including any subsequent revisions, which is incorporated by reference at N.J.A.C. 7:27-23.4(d)7.
"Stain" means a clear, semi-transparent, or opaque coating formulated to change the color of a surface, but not conceal the grain pattern or texture.
"Substrate" means a material to which an architectural coating is applied.
"Swimming pool coating" means a coating formulated and recommended to coat the interior of swimming pools and to resist swimming pool chemicals.
"Swimming pool repair and maintenance coating" means a rubber-based coating formulated and recommended to be used over existing rubber-based coatings for the repair and maintenance of swimming pools.
"Temperature-indicator safety coating" means a coating formulated and recommended as a color-changing indicator coating for the purpose of monitoring the temperature and safety of a substrate, underlying piping, or underlying equipment, and for application to substrates exposed continuously or intermittently to temperatures above 204 degrees Centigrade (400 degrees Fahrenheit).
"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.
"Tile-like glaze coating" means a coating that is formulated to provide a tough, extra durable coating system, applied as a continuous (seamless) high-build film, and that cures to a hard glaze finish.
"Tint base" means an architectural coating to which colorant is added after packaging in sale units to produce a desired color.
"Toxic substance" or "TXS" means a substance listed in Table 1 of N.J.A.C. 7:27-17.
"Traffic marking coating" means a coating formulated and recommended for marking and striping streets, highways, or other surfaces, including, but not limited to, curbs, berms, driveways, sidewalks, airport runways and parking lots.
"Undercoater" means a coating formulated and recommended to provide a smooth surface for subsequent coatings.
"Varnish" means a clear or semi-transparent wood coating, excluding lacquers and shellacs, formulated to dry, by chemical reaction, on exposure to air. Varnishes may contain small amounts of pigment to color a surface, or to control the final sheen or gloss of the finish.
"Volatile organic compound" or "VOC" means a volatile organic compound as that term is defined by the EPA at 40 CFR 51.100(s), as supplemented or amended, which is incorporated by reference herein.
"VOC content" means the weight of VOC per volume of coating, calculated according to the procedures specified in N.J.A.C. 7:27-23.4.
"Waterproof mastic coating" means a weatherproof or waterproof coating formulated to cover holes and minor cracks and to conceal surface irregularities that is applied in thicknesses of at least 15 mils.
"Waterproofing concrete/masonry sealer" means a clear or pigmented film-forming coating that is formulated and recommended for sealing concrete and masonry to provide resistance against water, alkalis, acids, ultraviolet light, and staining.
"Waterproofing sealer" means a coating formulated and recommended for application to a porous substrate for the primary purpose of preventing the penetration of water.
"Wood preservative coating" means a coating formulated and recommended to protect exposed wood from decay or insect attack, that is registered under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. §§ 136 et seq.
N.J. Admin. Code § 7:27-23.2
See: 21 N.J.R. 1055(a), 21 N.J.R. 3488(a).
Definitions added for "all others", "flat architectural coating", "high heat resistant coating", "opaque stain", "quick-dry primer, sealer and undercoater", "semitransparent stain" and "waterproofing sealer".
Amended by R.1990 d.342, effective 7/16/1990.
See: 21 N.J.R. 3360(a), 22 N.J.R. 2145(b).
Definitions for all other architectural coatings, label, shellac, volatile organic substance and wood preservative coating amended.
Amended by R.1992 d.102, effective 3/2/1992 (operative March 28, 1992).
See: 23 N.J.R. 1858(b), 24 N.J.R. 792(a).
Definitions for "Volatile organic substances (VOS)" replaced by "volatile organic compound (VOC)" and new definition "ASTM" added; others amended for consistency with preceding subchapters' definitions.
Amended by R.1994 d.313, effective 6/20/1994 (operative July 26, 1994).
See: 25 N.J.R. 3339(a), 26 N.J.R. 2600(a).
Administrative Correction.
See: 27 N.J.R. 1406(a).
Administrative change.
See: 31 N.J.R. 639(b).
Amended by R.2004 d.236, effective 6/21/2004 (operative July 20, 2004).
See: 35 N.J.R. 2983(a), 35 N.J.R. 4241(a), 36 N.J.R. 3078(a).
Rewrote the section.
Amended by R.2008 d.366, effective 12/1/2008 (operative December 29, 2008).
See: 39 N.J.R. 4492(a), 40 N.J.R. 6769(a).
Rewrote definition "Volatile organic compound".