Minn. Stat. § 144.9501
Sections 144.9501 to 144.9512 may be cited as the "Lead Poisoning Prevention Act."
The definitions in this section apply to sections 144.9501 to 144.9512.
"Abatement" means any set of measures intended to eliminate known or presumed lead hazards. Abatement includes:
"Areas at high risk for toxic lead exposure" means a census tract in a city of the first class or a county or area within a county outside a city of the first class that has been determined to be at high risk for toxic lead exposure under section 144.9503.
"Assessing agency" means the commissioner or a community health board with authority and responsibility to conduct lead risk assessments in response to reports of children or pregnant women with elevated blood lead levels.
"Bare soil" means any visible soil that is at least an area of 36 contiguous square inches.
[Renumbered subd 7a]
"Child" means an individual up to 72 months of age.
"Clearance inspection" means a visual identification of deteriorated paint and bare soil and a resampling and analysis of interior dust lead concentrations in a residence to ensure that the lead standards established in rules adopted under section 144.9508 are not exceeded.
"Capillary blood sample" means a quantity of blood drawn from a capillary. The sample generally is collected by finger stick.
"Certified lead firm" means a person that employs individuals to perform regulated lead work, with the exception of renovation, and is certified by the commissioner under section 144.9505.
"Certified renovation firm" means a person that employs individuals to perform renovation and is certified by the commissioner under section 144.9505.
"Commissioner" means the commissioner of the Minnesota Department of Health.
[Renumbered subd 7b]
"Community health board" means an administrative authority established under section 145A.03.
"Contracting entity" means a public or private body, board, individual, corporation, partnership, proprietorship, joint venture, fund, authority, or similar entity that contracts with a person to do regulated lead work.
"Deteriorated paint" means paint that is chipped, peeled, or otherwise separated from its substrate or that is attached to damaged substrate.
"Disclosure pamphlet" means the EPA pamphlet titled "Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools" developed under section 406(a) of the Toxic Substance Control Act.
"Elevated blood lead level" means a diagnostic blood lead test with a result that is equal to or greater than 3.5 micrograms of lead per deciliter of whole blood in any person, unless the commissioner finds that a lower concentration is necessary to protect public health.
"Encapsulation" means covering a surface coated with paint that exceeds the standards under section 144.9508 with a liquid or solid material that adheres to the surface, rather than mechanically attaches to it; or covering bare soil that exceeds the standards under section 144.9508 with a permeable material such as vegetation, mulch, or soil that meets the standards under section 144.9508.
"Enclosure" means covering a surface coated with paint that exceeds the standards under section 144.9508 by mechanically fastening to the surface a durable, solid material; or covering bare soil that exceeds the standards under section 144.9508 with an impermeable material, such as asphalt or concrete.
[Repealed, 1998 c 407 art 2 s 109]
"Intact paint" means paint that is not chipped, peeled, or otherwise separated from its substrate or attached to damaged substrate. Painted surfaces which may generate dust but are not chipped, peeled, or otherwise separated from their substrate or attached to damaged substrate are considered to be intact paint.
"Interim controls" means a set of measures intended to temporarily reduce human exposure or likely exposure to known or presumed lead hazards, including specialized cleaning, repairs, maintenance, painting, temporary encapsulation, or enclosure.
[Repealed, 1998 c 407 art 2 s 109]
"Lead hazard" means a condition that causes exposure to lead from dust, bare soil, drinking water, or deteriorated paint that exceeds the standards adopted under section 144.9508.
[Repealed, 1998 c 407 art 2 s 109]
"Lead hazard screen" means a limited risk assessment activity that involves the visual identification of dust, paint, or bare soil and sampling and analysis of dust.
[Repealed, 2009 c 79 art 10 s 51]
"Lead inspection" means a surface by surface investigation to determine the presence of lead content of paint and a visual identification of the existence and location of bare soil.
"Lead inspector" means a person who is licensed by the commissioner to perform a lead inspection under section 144.9505.
"Lead project design" means site-specific written project specifications for a regulated lead work project. Lead project design includes written technical project specifications incorporated into bidding documents.
"Lead order" means a legal instrument to compel a property owner to engage in lead hazard reduction according to the specifications given by the assessing agency.
"Lead project designer" means an individual who is responsible for planning the site-specific performance of regulated lead work and who has been licensed by the commissioner under section 144.9505.
"Lead risk assessment" means an investigation to determine the existence, nature, severity, and location of lead hazards.
"Lead risk assessor" means an individual who performs lead risk assessments or lead inspections and who has been licensed by the commissioner under section 144.9505.
"Lead-safe" means a condition in which:
"Lead-safe practices" means methods for construction, renovation, remodeling, or maintenance activities that are not regulated lead work and that are performed so that they do not:
"Lead supervisor" means an individual who is responsible for the on-site performance of abatement or interim controls and who has been licensed by the commissioner under section 144.9505.
"Lead sampling technician" means an individual who performs clearance inspections for renovation sites and lead dust sampling for nonabatement sites.
"Lead worker" means an individual who performs abatement or interim control work and who has been licensed by the commissioner under section 144.9505.
"Person" has the meaning given in section 326.71, subdivision 8.
"Persons at high risk for elevated blood lead level" means:
"Play area" means any established area where children play, or on residential property, any established area where children play or bare soil is accessible to children.
"Primary prevention" means preventing toxic lead exposure before blood levels become elevated.
"Regulated lead work" means:
"Lead renovator" means an individual who directs individuals who perform renovations. A lead renovator also performs renovation, surface coating testing, and cleaning verification.
"Safe housing" means a residence that is lead-safe.
"Secondary prevention" means intervention to mitigate health effects on people with elevated blood lead levels.
"Standard" means a quantitative assessment of lead in any environmental media or consumer product.
"Swab team services" means activities that provide protection from lead hazards primarily through the use of interim controls, such as:
"Swab team worker" means an individual who performs swab team services and who has been licensed by the commissioner as a lead worker under section 144.9505.
"Venous blood sample" means a quantity of blood drawn from a vein.
[Repealed, 2001 c 205 art 1 s 43]
"Compensation" means money or other mutually agreed upon form of payment given or received for regulated lead work, including rental payments, rental income, or salaries derived from rental payments.
"Individual" means a natural person.
Minn. Stat. § 144.9501
1995 c 213 art 1 s 3; 1997 c 205 s 24, 25; 1998 c 407 art 2 s 34-49; 2001 c 205 art 1 s 1-25; 2007 c 147 art 16 s 20; 2009 c 79 art 10s 8-11; 2015 c 21 art 1 s 109; 2015 c 71 art 8 s 27-31