La. Admin. Code tit. 33 § III-2803
Abatement- any measure or set of measures designed to permanently eliminate lead-based paint hazards. Abatement includes, but is not limited to:
a. the removal of paint and dust, the permanent enclosure or encapsulation of lead-based paint, the replacement of painted surfaces or fixtures, or the removal or permanent covering of soil when lead-based paint hazards are present in such paint, dust, or soil ; and
b. all preparation, cleanup, disposal, and post-abatement clearance testing activities associated with such measures.
Accreditation Certificate- a document issued by the department affirming that the person has successfully completed the training and other requirements for lead-based paint activities.
Accredited Lead Inspector- an individual who has been trained by a recognized training provider and certified by the department to conduct inspections. An accredited inspector also samples for the presence of lead in dust and soil for the purposes of abatement clearance testing.
Accredited Lead Project Designer- an individual who has been trained by a recognized training provider and certified by the department to prepare abatement project designs, occupant and worker protection plans, and abatement reports. For the purposes of this Chapter, lead project designer is equivalent to lead hazard reduction planner in R.S. 30:2351.1.
Accredited Lead Project Supervisor- an individual who has been trained by a recognized training provider and certified by the department to supervise and conduct abatements and to prepare occupant and worker protection plans and abatement reports.
Accredited Lead Risk Assessor- an individual who has been trained by a recognized training provider and certified by the department to conduct risk assessments. A risk assessor also samples for the presence of lead in dust and soil for the purposes of abatement clearance testing.
Accredited Lead Worker- an individual who has been trained by a recognized training provider and certified by the department to perform abatements.
Adequate Quality Control- a plan or design to ensure the authenticity, integrity, and accuracy of lead-based paint samples, including dust, soil, and paint chip or paint film samples. Adequate quality control also includes provisions for representative sampling.
Arithmetic Mean -the algebraic sum of data values divided by the number of data values (e.g., the sum of the concentration of lead in several soil samples divided by the number of samples).
Bare Soil- any exposed earth not covered with grass, sod, or other vegetation.
Chewable Surface-an 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.
Child-Occupied Facility (COF)-a building or portion of a building or common area, other than the child's principal residence, constructed prior to 1978, that meets at least one of the following criteria.
a. A building qualifies as a COF when visited regularly by the same child, 6 years of age or younger, on at least two different days within any week, provided that each day's visit lasts at least three hours, with the combined weekly visit lasting at least six hours, and that the combined annual visits last at least 60 hours. Examples of child-occupied facilities/common areas include, but are not limited to, public and nonpublic schools, day care centers, parks, playgrounds, and community centers.
b. A building qualifies as a COF when it has been determined by the department, in conjunction with the state health officer, to be a significant risk because of its contribution to lead poisoning or lead exposure to children who are 6 years of age or younger.
c. A building qualifies as a COF when used as a child-occupied unit and common area in a multi-use building.
Clearance Levels-values that indicate the maximum amount of lead permitted in soil or dust on a surface following completion of an abatement activity. Clearance levels that are appropriate for the purposes of this Chapter are listed in LAC 33:III.2811.A.4. To achieve clearance when dust sampling is required, values below these levels must be achieved.
Common Area- a portion of a building generally accessible to all occupants/users including, but not limited to, hallways, stairways, laundry and recreational rooms, playgrounds, community centers, garages, and boundary fences.
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 or 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 downspouts, 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 or stools and troughs, casings, sashes and wells, and air conditioners.
Composite Sample-a collection of more than one sample of the same medium (such as dust, soil, or paint) from the same type surface (such as floor, interior window sill, or window trough), such that multiple samples can be analyzed as a single sample.
Concentration -the relative content of a specific substance contained within a larger mass, such as the amount of lead (in micrograms per gram or parts per million by weight) in a sample of dust or soil.
Containment- a barrier system to protect workers and the environment by controlling exposures to the lead-contaminated dust and debris created during an abatement.
Course Agenda- an outline of the key topics to be covered during a training course, including the time allotted to teaching each topic.
Course Test- an evaluation of the overall effectiveness of the training that shall test the trainees' knowledge and retention of the topics covered during the course.
Course Test Blue Print- written documentation identifying the proportion of course test questions devoted to each major topic in the course curriculum.
Deteriorated Paint-any interior or exterior paint or other coating that is chalking, cracking, flaking, chipping, peeling, or otherwise separating from the substrate of a building component.
Discipline- one of the specific types or categories of lead-based paint activities identified in this Chapter for which individuals may receive training from recognized providers and become accredited by the department. For example, lead worker is a discipline.
Distinct Painting History- the application history, as indicated by its visual appearance or a record of application, over time, of paint or other surface coatings to a component or room.
Documented Methodologies- methods or protocols used to sample for the presence of lead in paint, dust, and soil. Documented methodologies that are appropriate to use for target housing and child-occupied facilities may be found in the American Society of Testing and Materials procedures, ASTM E1727, E1728, and E1792; the U.S. Department of Housing and Urban Development (HUD) Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing (HUD-006700); the EPA Guidance on Identification of Lead-Based Paint Hazards; Notice (FR 47248, Volume 60, Number 175 ); the EPA Residential Sampling for Lead: Protocols for Dust and Soil Sampling (EPA report number 747-R-95-001); and other EPA or HUD guidance.
Dripline -the area within 3 feet surrounding the perimeter of a building.
Dry Sanding or Dry Scraping -sanding or scraping without moisture and includes both hand and machine sanding. These practices are prohibited when removing lead-based paint (see LAC 33:III.2811.E.6).
Dust-Lead Hazard-surface dust in a residential building or child-occupied facility, or their exteriors, that contains a mass-per-area concentration of lead equal to or exceeding 10 micrograms per square foot on floors or 100 micrograms per square foot on window sills based on wipe samples.
Elevated Blood Lead Level (EBL)- an excessive absorption of lead that is a confirmed concentration of lead in whole blood of 20 [MICRO] g/dl (micrograms of lead per deciliter of whole blood) for a single venous test or of 15-19 [MICRO] g/dl in two consecutive tests taken three to four months apart.
Encapsulant- a substance that forms a barrier between lead-based paint and the environment using a liquid-applied coating (with or without reinforcement materials) or an adhesively bonded covering material. For the purposes of this Chapter, only coatings or materials determined to be encapsulants by ASTM procedures are acceptable.
Enclosure- the use of rigid, durable construction materials that are mechanically fastened to the substrate in order to act as a barrier between lead-based paint and the environment.
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.
Guest Instructor- an individual with expertise in a specific field who is designated by the training provider manager or principal instructor to provide instruction specific to certain course topics.
Hands-On Skills Assessment- an evaluation that tests the trainees' ability to perform specified work practices and procedures satisfactorily.
Impact Surface -an interior or exterior surface that is subject to damage by repeated sudden force, such as certain parts of door frames.
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.
Interim Controls-a set of measures designed to temporarily prevent or reduce human exposure or likely exposure to lead-based paint hazards found in dust, paint, or soil, including specialized cleaning, repairs, maintenance, painting, temporary containment, temporary barriers for contaminated soils, the ongoing monitoring of lead-based paint hazards or potential hazards, and the establishment and operation of lead hazard management plans for buildings and grounds subject to the provisions of this Chapter and occupant education programs.
Lead Contractor- any person, including self-employed individuals, who bid and/or perform lead-based paint abatements.
Lead Hazard Notification (LHN)-the notification document required by the department to report lead hazards in accordance with LAC 33:III.2813.B.
Lead Hazard Screen- a limited risk assessment activity conducted by an accredited risk assessor in target housing and child-occupied facilities that involves limited paint and dust sampling to determine the absence of a lead-based paint hazard as described in LAC 33:III.2811.D.
Lead Project Notification (LPN)- the notification document required by the department to report lead abatement projects. For the purposes of this Chapter, a completed notification, approved by the department and returned to the lead contractor, serves as a permit to proceed with the abatement project.
Lead-Based Paint- paint or other surface coatings that contain lead equal to or in excess of 1.0 milligrams per square centimeter or more than 0.5 percent by weight.
Lead-Based Paint Activities- in the case of target housing and child-occupied facilities, inspection, lead hazard screen, risk assessment, and abatement as defined by this Chapter. For the purposes of this Chapter, lead-based paint activities is equivalent to lead hazard reduction activities as defined in R.S. 30. 2351.1.
Lead-Based Paint Hazard- paint-lead hazards, dust-lead hazards, or soil-lead hazards as defined in this Section. For the purposes of this Chapter, lead-basedpaint hazard is equivalent to lead hazard as defined in R.S. 30:2351.1.
Lead-Contaminated Dust- surface dust in residential dwellings or child-occupied facilities that contains an area or mass concentration of lead at or in excess of clearance levels established by this Chapter.
Lead-Contaminated Soil- bare soil on residential real property and on the property of a child-occupied facility that contains lead at or in excess of clearance levels as established by this Chapter.
Lead-Contaminated Waste- any discarded material resulting from an abatement activity that fails the toxicity characteristic (LAC 33:V.4903.E) due to the presence of lead or any material that is a mixture of discarded material resulting from an abatement activity and some other material.
Living Area- any area of a residential dwelling used by one or more children age 6 years and under including, but not limited to, living rooms, kitchen areas, dens, play rooms, and children's bedrooms.
Loading-the quantity of a specific substance present per unit of surface area, such as the amount of lead in micrograms contained in the dust collected from a certain surface area divided by the surface area in square feet or square meters.
Mid-Yard-an area of residential yard approximately midway between the dripline of a residential building and the nearest property boundary or between driplines of a residential building and another building on the same property.
Multi-Family Dwelling- a building that has more than one residential dwelling unit.
Owner/Operator- any person who owns, leases, operates, controls, or supervises the building where an abatement occurs, or any person who owns, leases, operates, controls, or supervises an abatement.
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 (window sills, baseboards, soffits, trim).
Paint-Lead Hazard -
a. any lead-based paint on a friction surface that is subject to abrasion and where the lead dust levels on the nearest horizontal surface underneath the friction surface (e.g., the window sill or floor) are equal to or greater than the dust-lead hazard levels identified in this Chapter;
b. any damaged or otherwise deteriorated lead-based paint on an impact surface that is caused by impact from a related building component (such as a door knob that knocks into a wall or a door that knocks against its door frame);
c. any chewable lead-based painted surface on which there is evidence of teeth marks; and
d. any other deteriorated lead-based paint in any residential building or child-occupied facility or on the exterior of any residential building or child-occupied facility.
Permanently Covered Soil- soil that has been separated from human contact by the placement of a barrier consisting of solid, relatively impermeable materials, such as asphalt, pavement, or concrete. Grass, mulch, and other landscaping materials that are permeable are not considered permanent covering.
Person- any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, political subdivision, governmental body, including the state and the federal government and its agencies, or any other legal entity or their legal representatives, agents, or assignees.
Personal Protection Equipment (PPE)- specialized clothing and equipment including, but not limited to, respirators, masks, and gloves designed to protect workers against chemical and physical hazards.
Play Area -an area of frequent soil contact by children 6 years of age or less as indicated by, but not limited to, such factors including the following: the presence of play equipment (e.g., sandboxes, swing sets, and sliding boards), toys, or other children's possessions, observations of play patterns, or information provided by parents, residents, care givers, or property owners.
Principal Instructor- the individual who has the primary responsibility for organizing and teaching a particular course.
Public Entity- the state, any of its political subdivisions, or any agency or instrumentality of either.
Recognized Laboratory-an environmental laboratory accredited by the Louisiana Environmental Laboratory Accreditation Program (LELAP) in accordance with LAC 33:I.Chapter 45 through 57, and accredited to perform an analysis of lead and lead compounds in paint, soil, and dust.
Recognized Training Provider- a person approved by the department, in accordance with this Chapter, to provide training in lead-based paint activities.
Reduction- measures designed to reduce or eliminate human exposure to lead-based paint hazards through methods including interim controls and abatement.
Residential Building- a building containing one or more residential dwellings.
Residential Dwelling- a detached single family dwelling unit, including attached structures such as porches and stoops, or a single family dwelling unit in a structure that contains 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.
Risk Assessment- an on-site investigation conducted by an accredited risk assessor to determine the existence, nature, severity, and location of lead-based paint hazards and the provision of a report explaining the results of the investigation and providing options for reducing lead-based paint hazards.
Room-a separate part of the inside of a building, such as a bedroom, living room, dining room, kitchen, bathroom, laundry room, or utility room. To be considered a separate room, the room must be separated from adjoining rooms by built-in walls or archways that extend at least 6 inches from an intersecting wall. Half walls or bookcases count as room separators if built-in. Movable or collapsible partitions or partitions consisting solely of shelves or cabinets are not considered built-in walls. A screened in porch that is used as a living area is a room.
Soil-Lead Hazard-bare soil on residential real property or on the property of a child-occupied facility that contains total lead equal to or exceeding 400 parts per million (micrograms per gram) in a play area or average of 1,200 parts per million of bare soil in the rest of the yard based on soil samples.
Soil Sample-a sample collected in a representative location using ASTM E1727, Standard Practice for Field Collection of Soil Samples for Lead Determination by Atomic Spectrometry Techniques, or equivalent method.
Substrate-the material directly beneath the painted surface out of which the components are constructed, including wood, drywall, plaster, brick, concrete, and metal.
Target Housing- any housing constructed prior to 1978, except housing for the elderly or persons with disabilities, unless any child who is 6 years of age or under resides or is expected to reside in such housing for the elderly or persons with disabilities, or any zero-bedroom dwelling.
Training Curriculum- an established set of course topics for instruction in a recognized training program for a particular discipline designed to provide specialized knowledge and skills.
Training Hour- at least 50 minutes of actual teaching including, but not limited to, time devoted to lecture, learning activities, small group activities, demonstrations, evaluations, and/or hands-on experience.
Training Manager- the individual responsible for administering a training program and monitoring the performance of the principal instructors and guest instructors.
Visual Inspection for Clearance Testing- the visual examination of the abatement site following an abatement action by an accredited inspector or accredited risk assessor for evidence that the abatement has been successfully completed, as indicated by the absence of visible residue, dust, and debris.
Visual Inspection for Risk Assessment- the visual examination by an accredited risk assessor to determine the existence of deteriorated lead-based paint or other potential sources of lead-based paint hazards.
Weighted Arithmetic Mean -the arithmetic mean of sample results weighted by the number of subsamples in each sample. Its purpose is to give influence to a sample relative to the surface area it represents. A single surface sample is comprised of a single subsample. A composite sample may contain from two to four subsamples of the same area as each other and of each single surface sample in the composite. The weighted arithmetic mean is obtained by summing, for all samples, the product of the sample's result multiplied by the number of subsamples in the sample and dividing the sum by the total number of subsamples contained in all samples. For example, the weighted arithmetic mean of a single surface sample containing 60 micrograms per square foot, a composite sample (three subsamples) containing 100 micrograms per square foot, and a composite sample (4 subsamples) containing 110 micrograms per square foot is 100 micrograms per square foot. This result is based on the equation [60+(3*100)+(4*110)]/(1+3+4).
Wet Sanding or Wet Scraping -a process to remove loose paint in which the painted surface to be sanded or scraped is kept wet to minimize the dispersal of paint chips and airborne dust.
Window Sill- the portion of the horizontal window ledge that protrudes into the interior of the room, adjacent to the window sash when the window is closed.
Window Trough- the portion of the horizontal window sill that receives the window sash when the window is closed, often located between the storm window and the interior window sash (sometimes called the window well). If there is no storm window, the window trough is the portion of horizontal window trim that receives both the upper and lower window sash when the sashes are closed.
Wipe Sample-a sample collected by wiping a representative surface of known area, 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 method.
XRF Analyzer- an instrument that determines the amount of lead in a given area using the principle of x-ray fluorescence.
La. Admin. Code tit. 33, § III-2803