860 R.I. Code R. 860-RICR-00-00-2.4

Current through December 3, 2024

Section 860-RICR-00-00-2.4 - Definitions

A. "At risk occupant" means a person under six (6) years of age, or a pregnant woman, who has been a legal inhabitant in a dwelling unit for at least thirty (30) days; provided, however, that a guest of any age shall not be considered an occupant.

B. "Designated person" means either:

1. A property owner, or the agent of the property owner, who has completed an HRC-approved lead hazard awareness seminar; or

2. A Licensed Lead Professional.

C. "Damaged or deteriorated paint" means any paint or coating on a damaged or deteriorated component, or any surface which has loose, delaminating, flaking, peeling, chipping, chalking, blistering, or paint that is otherwise becoming separated from the substrate, or paint which is abraded by friction or impact, shows evidence of teeth marks, or is damaged by water. For the purposes of this Part, painted surfaces are not considered damaged if the paint is adhered to the substrate and the surface contains only minor impact damage (e.g. a nail hole), minor stress fractures, or other minor damage which is not related to Deteriorated Paint or substrate.

D. "HRC" means the Housing Resources Commission.

E. "Lead hazard" means any of the following:

1. Deteriorated paint assumed to be lead-based paint;

2. Visible lead dust, paint chips or debris; or

3. Damaged paint, interior dust, bare soil, or drinking water above the lead safe thresholds established by RIDOH in 216-RICR- 50-15-3.7.

F. "Lead hazard control" means any window replacement or interim controls performed to correct lead hazards by a Lead Renovation Firm licensed by RIDOH in accordance with 216-RICR- 50-15-3.11.

G. "Lead hazard mitigation" means spot removal or minor repair and maintenance activities performed to correct lead hazards and/or maintain lead safe compliance by an Owner or Designated Person who completed an HRC-approved lead hazard awareness seminar.

H. "Lead hazard reduction" means lead abatement, interim controls, or a combination of both, performed to correct lead hazards by a Lead Contractor licensed by RIDOH in accordance with 216-RICR- 50-15-3.12.

I. "Lead mitigation standard" means:

1. All lead-based paint, including pre-1978 surfaces required to be assumed to contain lead-based paint, must be intact with no paint or coating on a damaged or deteriorated component; no surface which has loose, delaminating, flaking, peeling, chipping, chalking, or blistering paint; no paint that is otherwise becoming separated from the substrate; no paint which is abraded by friction or impact, shows evidence of teeth marks, or is damaged by water;

2. All surfaces must be clean and free of lead dust, paint chips or debris; and

3. All horizontal surfaces except ceilings (e.g. floors, stairs, window sills, window wells) must be covered with a smooth, cleanable covering or coating.

J. "Lead safe compliance" means:

1. Compliance with the HRC Lead Mitigation Standard as evidenced by a Certificate of Conformance; or

2. Compliance with the RIDOH Lead Safe Standards as evidenced by a Conditional Lead Safe Certificate or Full Lead Safe Certificate.

K. "Lead safe standards" means:

1. Lead in paint, dust and/or soil below the lead safe thresholds ranges established by RIDOH in 216-RICR- 50-15-3.7; or

2. Intact paint and/or covered soil above the lead safe threshold established by RIDOH in 216-RICR- 50-15-3.7.

L. "Licensed lead inspector" means anyone who is licensed by RIDOH as a Lead Inspector or Lead Assessor.

M. "Licensed lead professional" means anyone who is licensed or certified by RIDOH in accordance with to 216-RICR- 50-15-3 as a:

1. Lead Inspector or Lead Assessor licensed to perform lead inspections;

2. Lead Renovation Firm or Lead Renovator licensed or certified to perform lead hazard control; or

3. Lead Contractor, Lead Supervisor, or Lead Worker licensed to perform lead hazard reduction.

N. "Mitigation report" means the final independent clearance inspection report, laboratory report, copy of lead hazard awareness seminar completion certificate or RIDOH lead professional license and weather variance, as applicable.

O. "Owner" means the person who owns a pre-1978 rental dwelling.

P. "RIDOH" means Rhode Island Department of Health.

Q. "Substrate" means the material directly beneath the painted surface out of which the components are constructed. The underlying surface which remains after paint is removed. Examples of substrates include wood, plaster, sheetrock, concrete, and metal.

R. "Tenant" means any person, other than the owner, who enters into an agreement to rent, lease, or sublease a single-family house, dwelling unit, or premises.

S. "Turnover" means the time at which all existing occupants vacate a unit and all new occupants move into the unit.

860 R.I. Code R. 860-RICR-00-00-2.4

Amended effective 1/2/2019