Ala. Admin. Code r. 420-3-29-.03

Current through Register Vol. 43, No. 1, October 31, 2024

Section 420-3-29-.03 - Definitions

(1) Abatement - any measure or set of measures designed to permanently eliminate lead-based paint hazards included in Ala. Admin. Code, Chapter 420-3-27. Abatement includes, but is not limited to:

(a) 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, or the removal or covering of lead-contaminated soil; and

(b) All preparation, cleanups, disposal, and post-abatement clearance testing activities associated with such measures.

(c) Specifically, abatement includes, but is not limited to:

1. Projects for which there is a written contract or other documentation, which provides that an individual or firm certified in accordance with this rule, will be conducting activities in or to a residential dwelling or a child-occupied facility that are designed to or will permanently eliminate lead-based paint hazards.

2. Projects resulting in the permanent elimination of lead-based paint hazards conducted by firms or individuals certified in accordance with these rules, unless such projects are covered by paragraph (d) of this definition.

3. Projects resulting in the permanent elimination of lead-based paint hazards, conducted by certified firms or individuals who, through their company name or promotional literature, represent, advertise, or hold themselves out to be in the business of performing lead-based paint activities as identified and defined by this section unless such projects are covered by paragraph (d) of this definition.

4. Projects resulting in the permanent elimination of lead-based paint hazards, including lead-based paint and lead-contaminated dust or soil that are conducted in response to state or local abatement orders.

(d) Abatement does not include renovation, remodeling, landscaping, or other activities, when such activities are not designed to permanently eliminate lead-based paint hazards, but, instead, are designed to repair, restore, or remodel a given structure or dwelling, even though these activities may incidentally result in a reduction or elimination of lead-based paint hazards. Furthermore, abatement does not include interim controls, operations and maintenance activities, or other measures and activities designed to temporarily, but not permanently, reduce lead-based paint hazards.

(2) Accredited Individual - this is an individual who engages in renovation and/or abatement, who has successfully completed a Safe State accredited lead training course appropriate for the type or category of Renovation and/or Abatement to be provided, who meets all other personal accreditation requirements established by Safe State under these rules, and who holds a valid registration in the state accreditation registry maintained by Safe State for the relevant type or category of lead renovation and/or abatement. To perform any lead hazard reduction activities, an accredited individual shall be certified by the Department pursuant to Rule 420-3-29-.05 (Certification of Firms).

(3) Accredited Renovator - an individual who has successfully completed a renovator course accredited by Safe State, and is registered by Safe State, and who either performs or directs workers who perform renovations, and is certified by the Department pursuant to Rule 420-3-29-.05 (Certification of Firms) to perform renovations.

(4) Accredited Lead-Based Paint Inspector (accredited inspector) - an individual who has been trained by an accredited training program, as defined in this rule, and registered by Safe State to conduct inspections to identify lead-based paint. An accredited lead-based paint inspector also samples for the presence of lead in dust and soil for the purpose of abatement clearance testing. For the purpose of these rules, an accredited lead-based paint inspector means the same as a certified lead-based paint inspector as defined in 40 CFR § 745.223.

(5) Accredited Risk Assessor - an individual who has been trained by an accredited training program, as defined in this rule, and is registered by Safe State to conduct risk assessments, and certified by the Department pursuant to Rule 420-3-29-.05 (Certification of Firms) to perform risk assessments. A risk assessor also samples for the presence of lead in dust and soil for the purpose of identifying lead hazards and abatement clearance testing.

(6) Accredited Training Program - a training program that has been accredited either by Safe State or a state or tribe which Alabama has a written reciprocal agreement to provide training for individuals engaged in lead hazard reduction activities and renovation.

(7) Adequate Quality Control - a plan or design which ensures the authenticity, integrity, and accuracy of samples including dust, soil, and paint chips or paint film samples. Adequate quality control also includes provision for representative sampling.

(8) Administrative Procedure Act - The Alabama Administrative Procedure Act,§ 41-22-1, et seq., Code of Ala. 1975.

(9) American Society for Testing and Materials (ASTM) - an international standards organization that develops and publishes voluntary consensus technical standards for a wide range of materials, products, systems, and services.

(10) Available - being present at a work-site or reachable by telephone, pager, or answering service at all times when renovation activities are being conducted, and able to be present at the work site within 1 hour after notification.

(11) Board - the State Board of Health as defined in§ 22-2-1,et seq., Code of Ala. 1975.

(12) Certificate of Mailing - the United States Postal Service Certificate of Mailing is a service that provides a postmarked mailing receipt as evidence that an item was mailed.

(13) Certified Firm - a company, partnership, corporation, sole proprietorship or individual, association, or other business entity that has submitted documentation to the Department stating that its employees performing renovation have received training from an accredited training program and registered by Safe State; and has been issued a certificate from the Department.

(14) Chewable Surface - the interior or exterior surface painted with lead-based paint that a young child can mouth or chew. Hard metal substrates and other materials that cannot be dented by the bite of a young child are not considered chewable.

(15) Child-Occupied Facility - a building, or portion of a building constructed prior to 1978, visited regularly by the same child, under 6 years of age, on at least 2 different days within the same week (Sunday through Saturday period), provided each day's visit lasts at least 3 hours and the combined weekly visits last at least 6 hours, and the combined annual visits last at least 60 hours. Child-occupied facilities include, but are not limited to, day-care centers, preschools, and kindergarten classrooms. Child-occupied facilities may be located in target housing or in public or commercial buildings. With respect to common areas in public or commercial buildings that contain child-occupied facilities, the child-occupied facility encompasses only those common areas that are routinely used by children under age 6, such as restrooms and cafeterias. Common areas that children under age 6 only pass through, such as hallways, stairways, and garages are not included. In addition, with respect to exteriors of public or commercial buildings that contain child-occupied facilities, the child-occupied facility encompasses only the exterior of the building that are immediately adjacent to the child- occupied facility or the common areas routinely used by children under age 6 as defined in 40 CFR § 745.103 (Definitions).

(16) Cleaning Verification Card -a card developed and distributed, or otherwise approved, by EPA for the purpose of determining, through comparison of wet and dry disposable cleaning cloths with the card, whether post-renovation cleaning has been properly completed.

(17) Clearance Levels - values that indicate the maximum amount of lead permitted in soil or surface dust following completion of an abatement activity as identified by EPA, pursuant to 15 USC§ 2683.

(18) Clearance Sampling - a visual assessment and dust sample collection or soil sampling performed by an accredited lead-based paint inspector or risk assessor.

(19) Common Area - a portion of a building that is generally accessible to all occupants. Such an area may include, but is not limited to, hallways, stairways, laundry and recreational rooms, playgrounds, community centers, garages, boundary fences or outbuildings.

(20) Component or Building Component - specific design or structural elements or fixtures of a building, residential dwelling, or child-occupied facility that are distinguished from each other by form, function, and location. These include, but are not limited to, interior components such as: ceilings, crown molding, walls, chair rails, doors, door trim, floors, fireplaces, radiators and other heating units, shelves, shelf supports, stair treads, stair risers, stair stringers, newel posts, railing caps, balustrades, windows and trim (including sashes, window heads, jambs, sills, stools and troughs), built-in cabinets, columns, beams, bathroom vanities, counter tops, and air conditioners; and exterior components such as: painted roofing, chimneys, flashing, gutters and down spout, ceilings, soffits, fascias, rake boards, corner boards, bulkheads, doors and door trim, fences, floors, joists, lattice work, railings and railing caps, siding, handrails, stair risers and treads, stair stringers, columns, balustrades, window sills, casings, sashes, wells, and air conditioners.

(21) Containment - a process to protect workers, occupants and the environment by controlling exposures to the lead-contaminated dust and debris created during renovation.

(22) Department - the Alabama Department of Public Health.

(23) Deteriorated Paint - any interior or exterior paint or other coating that is peeling, chipping, chalking, cracking, or otherwise separating from the substrate or a building component.

(24) Discipline - one of the specific types or categories of lead hazard reduction activities and renovation identified in these rules for which individuals may receive training from accredited programs and become registered by Safe State. This includes, but is not limited to, certified renovators, inspectors, and risk assessors.

(25) Dry Disposable Cleaning Cloth - a commercially available dry, electrostatically charged, white disposable cloth designed to be used for cleaning hard surfaces such as uncarpeted floors or counter tops.

(26) Dust Sample Collection - a procedure using wipe sampling to collect samples of dust from surfaces for the purpose of determining if the dust is contaminated with lead or lead-based paint.

(27) Elevated Blood Lead Level (EBLL) - a single blood lead test at or above the blood lead reference value established by the Centers for Disease Control and Prevention.

(28) EPA - the United States Environmental Protection Agency.

(29) Friction Surface - an interior or exterior surface that is subject to abrasion or friction, including, but not limited to, certain window, floor, and stair surfaces.

(30) Health Officer - the State Health Officer of the State of Alabama Department of Public Health or a County Health Officer as provided in Code of Ala. 1975, § 22-2-8 and 22-3-4, or his/her authorized representatives and any officer or agent or employee of the Department authorized to act for the Department with respect to the enforcement and administration of these rules.

(31) HEPA Vacuum - a vacuum cleaner which has been designed with a high-efficiency particulate air (HEPA) filter as the last filtration stage. A HEPA filter is a filter that is capable of capturing particles of 0.3 microns with 99.97 percent efficiency. The vacuum cleaner must be designed so that all the air drawn into the machine is expelled through the HEPA filter with none of the air leaking past it.

(32) HUD - the United States Department of Housing and Urban Development.

(33) Impact Surface - an interior or exterior surface that is subject to damage by repeated sudden force such as certain parts of door frames.

(34) Inspection - See Lead-Based Paint Inspection.

(35) Interim Control - a measure or set of measures designed to temporarily reduce human exposure or likely exposure to lead-based paint hazards. Interim controls include, but are not limited to, repairs, painting, temporary containment, specialized cleaning, ongoing lead-based paint maintenance activities, and the establishment and operation of management and resident education programs.

(36) Lead-Based Paint - paint or other surface coatings that contain lead equal to or in excess of 1.0 milligrams per square centimeter (1.0 mg/cm2) or 0.5 percent by weight unless other standards are established by the EPA, which will be adopted by reference.

(37) Lead-Based Paint Free - a status or designation for target housing or child-occupied facilities in which a written determination has been made by an accredited lead-based paint inspector or risk assessor that all components are free of paint or other surface coatings that contain lead equal to or in excess of 1.0 mg/cm2 or 0.5 percent by weight, or which shall be adopted by reference for the purpose of this definition more stringent criteria as set by EPA.

(38) Lead-Based Paint Hazard - any condition that causes exposure to lead from lead-contaminated dust, lead contaminated soil, or lead-contaminated paint that is deteriorated or subject to deterioration or damage or is present on chewable surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects identified by an accredited lead risk assessor pursuant to the Toxic Substances Control Act, (TSCA) §403, as amended and (40 CFR. §745.65).

(39) Lead-Based Paint 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.

(40) Lead-Contaminated Dust - surface dust in residential dwellings, or child-occupied facilities that contains an area or mass concentration of lead at or exceeding levels identified by an accredited lead risk assessor to follow EPA current guidelines.

(41) Lead-Contaminated Soil - bare soil on residential real estate property and on the property of a child-occupied facility that contains lead at, or exceeding levels identified by an accredited lead risk assessor to follow EPA current guidelines.

(42) Lead Hazard Reduction Activities - activities designed to reduce exposure to lead in residences or child occupied facilities to include lead-based paint inspections, risk assessments, renovation, abatement (enclosure, encapsulation, component removal, or removal of lead-based paint or lead contamination, or both), clearance sampling following abatement or renovation, the design and planning of such activities, and other related activities as established in Title IV of the Toxic Substances control Act, as amended.

(43) Lead Hazard Screen - a limited risk assessment activity that involves limited paint and dust sampling as described in Ala. Admin. Code, Rule 420-3-27-.10(7).

(44) Living Area - areas of a residential dwelling used by one or more children under 6 years of age, including, but not limited to, living rooms, kitchen areas, dens, play rooms, and children's bedrooms.

(45) Minor repair and maintenance activities -include minor heating, ventilation or air conditioning work, electrical work, and plumbing that disrupt 6 square feet or less of painted surface per room for interior activities or 20 square feet or less of painted surface for exterior activities where none of the work practices prohibited or restricted by Rule 420-3-29-.10(1)(c) are used and where the work does not involve window replacement or demolition of painted surface areas. When removing painted components, or portions of painted components, the entire surface area removed is the amount of painted surface disturbed. Jobs, other than emergency renovations, performed in the same room within the same 30 days must be considered the same job for the purpose of determining whether the job is a minor repair and maintenance activity.

(46) Multi-Family Dwelling - a structure that has more than one separate residential dwelling unit, 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.

(47) Paint In Poor Condition - more than 10 square feet of deteriorated paint on exterior components with large surface areas; or more than 2 square feet of deteriorated paint on interior components with large surface areas (e.g., walls, ceilings, floors, doors); or more than 10 percent of the total surface area of the component is deteriorated on interior or exterior components with small surface areas (e.g., window sills, baseboards, soffits, trims).

(48) Pamphlet - the EPA pamphlet titled "Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools" developed under TSCA §406(a) for use in complying with TSCA §406(b), or any state or tribal pamphlet approved by EPA pursuant to 40 CFR § 745.326 that is developed for the same purpose. This includes reproductions of the pamphlet when copied in full and without revision or deletion of material from the pamphlet (except for the addition or revision of state or local sources of information).

(49) Person - individuals, firms, corporations, partnerships, commissions, state agencies, county governmental bodies, municipalities, parties, companies, associations, or any other private or public legal entities; any interstate body; any department, agency, or instrumentality of the federal government.

(50) Project - for the purpose of this rule, a project is a renovation disturbing lead-based paint from one or more single family residential dwelling units, multi-family residential dwelling units, (including attached structures and outbuildings), child occupied facilities, or any combination thereof located within the same local government jurisdiction.

(51) Recognized Test Kit - a commercially available kit recognized by EPA as being capable of allowing a user to determine the presence of lead at levels equal to or in excess of 1.0 milligrams per square centimeter, or more than 0.5 percent lead by weight, in a paint chip, paint powder, or painted surface.

(52) Registered Individual -an accredited individual who is currently registered with Safe State.

(53) Registry - the Alabama statewide "Registry of Lead Hazard Reduction and Renovation Training Courses and Individuals" maintained by Safe State.

(54) Renovation - the modification of any existing structure, or portion thereof, that results in the disturbance of painted surfaces, unless that activity is performed as part of an abatement as defined by Rule 420-3-29-.03(1). The term renovation includes (but is not limited to): the removal, modification or repair of painted surfaces or painted components (e.g., modification of painted doors, surface restoration, window repair, surface preparation activity [such as sanding, scraping, or other such activities that may generate paint dust]); the removal of building components (e.g., walls, ceilings, plumbing, windows); weatherization projects (e.g., cutting holes in painted surfaces to install blown-in insulation or to gain access to attics, planning thresholds to install weather-stripping); and interim controls that disturb painted surfaces. A renovation performed for the purpose of converting a building, or part of a building, into target housing or a child-occupied facility is a renovation under this subpart. The term renovation does not include minor repair and maintenance activities.

(55) Residential Dwelling - target housing that is:

(a) A detached single-family dwelling unit, including any attached or unattached structures located within the same lot line such as porches and stoops, garages, play equipment, and fences.

(b) A single-family dwelling unit in a structure that contains more than one separate residential dwelling unit, including common areas, 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.

(56) Risk Assessment -

(a) An on-site investigation to determine the existence, nature, severity, and location of lead-based paint hazards.

(b) The provision of a report by the individual or the firm conducting the risk assessment, explaining the results of the investigation and options for reducing lead-based paint hazards.

(57) Renovation Contractor - any person operating as a firm that employs individuals to perform renovation. Firms include renovators who design, plan, perform, oversee, train workers, or evaluate renovation projects as well as self-employed individuals who engage in renovation.

(58) Safe State - the Safe State Program, a division of the University of Alabama, designated by statute to accredit lead training providers and individual lead-based paint abatement and renovation professionals performing lead hazard reduction activities.

(59) Target Housing - any residential dwelling constructed prior to 1978, except housing for the elderly or persons with disabilities (unless one or more children under 6 years of age resides or is expected to reside in such housing for the elderly or person with disabilities) or any zero-bedroom dwelling. Any attached or unattached structure built or added after 1978 located within the same lot lines are not included.

(60) Training Hour - at least 50 minutes of actual learning, including, but not limited to, time devoted to lecture, learning activities, small group activities, demonstrations, evaluations, and hands-on experience.

(61) TSCA - the Toxic Substances Control Act, 15 U.S.C. § 2601, et al., as amended.

(62) Unit -the measurement equivalent to one single target housing.

(63) Visual Assessment - a procedure to determine the presence of visible dust, paint chips, painted debris, and/or deteriorated paint.

(64) Visual Inspection For Clearance Testing - the visual examination of a residential dwelling or a child-occupied facility following a renovation to determine whether or not the renovation has been successfully completed.

(65) Visual Inspection For Risk Assessment -the visual examination of a residential dwelling or a child-occupied facility to determine the existence of deteriorated lead-based paint or other potential sources of lead-based paint hazards.

(66) Wet Disposable Cleaning Cloth - a commercially available, pre-moistened white disposable cloth designed to be used for cleaning hard surfaces such as uncarpeted floors or counter tops.

(67) Wet Mopping System - a device with the following characteristics: a long handle, a mop head designed to be used with disposable absorbent cleaning pads, a reservoir for cleaning solution, and a built-in mechanism for distributing or spraying the cleaning solution onto a floor, or a method of equivalent efficacy.

(68) Wipe Sample - a sample collected by wiping a representative surface of a known area(s), as determined by ASTM E1728, "Standard Practice for Field Collection of Settled Dust Samples Using Wipe Sampling Methods for Lead Determination by Atomic Spectrometry Techniques," or equivalent method, with an acceptable wipe material as defined in ASTM E1792, "Standard Specification for Wipe Sampling Materials for Lead in Surface Dust," or equivalent.

(69) Wipe Sampling - a procedure to determine the presence of lead in dust following established wipe protocol as stated in the wipe sample definition, sample proposal as specified in 40 CFR § 745.63.

(70) Work Area - the area that the certified renovator establishes to contain the dust and debris generated by a renovation.

(71) Zero-Bedroom Dwelling - any residential dwelling in which the living areas are not separated from the sleeping area. The term includes efficiencies, studio apartments, dormitory or single room occupancy housing, military barracks, and rentals of individual rooms in residential dwellings.

Ala. Admin. Code r. 420-3-29-.03

New Rule: Filed July 27, 2010; effective August 31, 2010.

Amended by Alabama Administrative Monthly Volume XL, Issue No. 04, January 31, 2022, eff. 3/17/2022.

Authors: Salvador Gray, Charles Brookins, James Daughtry, Daniel Wysmulek, Steven McDaniel

Statutory Authority:Code of Ala.1975, §§ 22-37A-1, et seq.