Ala. Code § 22-37A-2

Current through the 2024 Regular Session.

Section 22-37A-2 - Definitions

As used in this chapter, the following terms have the following meanings:

(1) ABATEMENT. Any set of measures designated to eliminate lead-based paint hazards in accordance with standards developed by the board, including both of the following:

a. Removal of lead-based paint or lead contaminated dust, the permanent containment or encapsulation of lead-based paint, the replacement of lead-painted surfaces or fixtures, and the removal or covering of lead contaminated soil.

b. All preparation, cleanup, disposal, and post-abatement clearance testing activities associated with measures described in paragraph a.

(2) ACCREDITED INDIVIDUAL. An individual who engages in lead hazard reduction activities, who has successfully completed a Safe State accredited lead training course appropriate for the type or category of lead hazard reduction activity to be provided, who meets all other personal accreditation requirements established by Safe State under this chapter, and who holds a valid registration in the state accreditation registry for the relevant type or category of lead hazard reduction activity.

(3) ACCREDITED LEAD TRAINING COURSE. A course of instruction which has been reviewed and accredited by Safe State as meeting or exceeding training requirements established under Title IV of the Federal Toxic Substances Control Act ( Public Law 99-519, 100 Stat. 2970, 15 U.S.C. § 2601 et seq., as amended).

(4) BOARD. The State Board of Health .

(5) INDOOR. The enclosed portions of buildings including public buildings, residences, and commercial buildings. The term shall include the exterior surfaces and all common areas of the structure including any attached or unattached structure located within the same lot line, including but not limited to, garages, play equipment, and fences.

(6) INSPECTION. A surface-by-surface investigation to determine the presence of lead-based paint and the provision of a report explaining the results of the investigation.

(7) LEAD-BASED PAINT ACTIVITIES. The inspection and assessment of lead-based paint hazards and the planning, implementation, and inspection of interim controls, renovation, and abatement activities at target housing and child-occupied facilities.

(8) LEAD HAZARD REDUCTION ACTIVITIES. Activities designed to reduce exposure to lead in residences or public buildings and may include inspections, risk assessments, repair, enclosure, encapsulation, or removal of lead-based paint or lead contamination, or both, and the design and planning of such activities, and other related activities as established in Title IV of Toxic Substances Control Act, Public Law 99-519, 100 Stat. 2970, 15 U.S.C. § 2601 et seq., as amended, which are to be performed in residences or public buildings.

(9) PERSON. An individual, firm, partnership, corporation, commission, state agency, county governmental body, municipal corporation, party, company, association, or any other public or private legal entity.

(10) PUBLIC BUILDING. A building designed for public access and maintained for the public benefit through the use of state or local government funds, including public housing, schools, day care centers, and government facilities, or any location at which Title IV of the Federal Toxic Substances Control Act, or regulations thereunder, require lead-based paint activities be performed by an accredited individual, as those terms are defined in that act, such as commercial buildings and bridges. This term does not apply to any of the following:

a. Business facilities where access is principally limited to employees.

b. Private clubs and residences.

c. Commercial buildings.

(11) RENOVATION. The modification of any target housing or child-occupied facility or portion thereof that results in the disturbance of painted surfaces unless that activity is performed as part of an abatement activity. The term includes, but is not limited to, the removal, modification, recoating, or repair of painted surfaces or painted components; the removal of building components; weatherization projects; and interim controls that disturb painted surfaces. The term also includes a renovation performed for the purpose of converting a building or part of a building into target housing or a child-occupied facility. The term does not include minor repair and maintenance activities.

(12) RISK ASSESSMENT. An on-site investigation to determine the existence, nature, severity, and location of lead-based paint hazards and the provision of a report by the person conducting the risk assessment explaining the results of the investigation and options for reducing lead-based paint hazards.

(13) SAFE STATE. The Safe State Program, a division of the University of Alabama.

(14) TARGET HOUSING. The term as defined in 40 C.F.R. § 745.103.

Ala. Code § 22-37A-2 (1975)

Amended by Act 2022-426,§ 1, eff. 7/1/2022.

Acts 1997, No. 97-553, p. 975, §2.