N.J. Admin. Code § 8:62-2.1

Current through Register Vol. 56, No. 9, May 6, 2024
Section 8:62-2.1 - Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

"Abatement" means any set of measures designed to permanently eliminate or mitigate lead-based paint hazards in accordance with rules adopted by the New Jersey Department of Community Affairs and includes, but is not limited to: the removal of lead-based paint and lead-contaminated dust; the containment or encapsulation of lead-based paint; the replacement of lead-painted surfaces or fixtures; the removal or covering of lead-contaminated soil; and all preparation, clean-up, disposal and post-abatement clearance testing activities associated with such measures.

"Applicant" means a person applying for certification as a lead abatement worker, a lead abatement supervisor, a lead inspector/risk assessor, a lead abatement planner/project designer, an agency seeking certification to conduct lead training, or an individual applying for approval as a training manager or course instructor.

"Approved" means acceptable to the Commissioner of Health, in accordance with the requirements of this chapter.

"Certificant" means any training agency or individual certified by the Department pursuant to N.J.A.C. 8:62.

"Commercial building" means any building used primarily for commercial or industrial activity, which is generally not open to the public, or occupied or visited by children, including but not limited to, warehouses, factories, storage facilities, aircraft hangers, garages, and wholesale distribution facilities.

"Commissioner" means the Commissioner of the Department of Health or his or her designee.

"Department" means the New Jersey Department of Health.

"Discipline" means the classification of a specific lead-based paint activity. For example, lead abatement worker for housing and public buildings is a discipline.

" Hands-on assessment" means an evaluation which tests a trainees' ability to satisfactorily perform specified work practices and procedures.

"Housing" means a single family dwelling, 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.

"Industrial hygienist" means a person certified by the American Board of Industrial Hygiene, or a person with at least a bachelor's degree in industrial hygiene or other cogent science with five years of professional experience in industrial hygiene.

"Interactive/participatory teaching methods" means instruction which consists of active participation of the trainees, such as, brainstorming, hands-on training, demonstration and practice, small group problem solving, discussions, risk mapping, field visits, walk-throughs, problem posing, group work assignments, question-and-answer periods, and role-playing sessions. Lecture is not considered an interactive/participatory teaching method.

"Instructor" means an individual who has the primary responsibility for organizing and delivering a particular course topic(s).

"Lead abatement planner/project designer" means any person who has completed a lead abatement planner/project designer training course approved by the Department and who has successfully passed the skills assessment for hands-on training and a written examination approved by the Department and who possesses a valid permit issued by the Department to plan and design abatement projects.

"Lead abatement supervisor for commercial buildings and superstructures" means any person who has completed a lead abatement supervisor for commercial buildings and superstructures training course approved by the Department and who has successfully passed a skills assessment for hands-on training and a written examination approved by the Department and who possesses a valid permit issued by the Department to supervise lead-based paint activities and to identify the presence of lead-based paint or other lead-based surface coatings on commercial buildings and superstructures. The supervisor is also responsible for the planning and oversight of lead-based paint activities associated with commercial buildings and superstructures.

"Lead abatement supervisor for housing and public buildings" means any person who has completed a lead abatement supervisor for housing and public buildings training course approved by the Department and who has successfully passed a skills assessment of the hands-on training and a written examination approved by the Department and who possesses a valid permit issued by the Department to supervise and conduct abatements in housing and public buildings.

"Lead abatement worker for commercial buildings and superstructures" means any person who has completed a lead abatement worker for commercial buildings and superstructures training course approved by the Department and who has successfully passed a skills assessment of the hands-on training and a written examination approved by the Department and who possesses a valid permit issued by the Department to perform abatement activities on commercial buildings and superstructures.

"Lead abatement worker for housing and public buildings" means any person who has completed a lead abatement worker for housing and public buildings training course approved by the Department and who has successfully passed a skills assessment of the hands-on training and a written examination approved by the Department and who possesses a valid permit issued by the Department to perform abatement activities in housing and public buildings.

"Lead inspector/risk assessor" means any person who has completed a lead inspector/risk assessor training course approved by the Department and who has successfully passed a skills assessment and a written examination approved by the Department and who possesses a valid inspector/risk assessor permit from the Department to perform inspections and conduct risk assessments.

" Lead-based paint" means paint or other surface coating material that contains lead in excess of 1.0 mg/cm[LESS THAN]2[GREATER THAN] or 0.5 percent by weight or such level as may be set under P.L. 102-550, Title X, the "Residential Lead-Based Paint Hazard Reduction Act of 1992", whichever is more stringent.

" Lead-based paint hazard" means any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, lead-containing paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as established by the Commissioner in these rules or by P.L. 102-550, Title X, the "Residential Lead-Based Paint Hazard Reduction Act of 1992", whichever is more stringent.

"Local health department" means the board of health of any region or municipality or the boards, body, or officers in such region or municipality lawfully exercising any of the powers of a local board of health under the laws governing such region or municipality.

"May" means that the action referred to is discretionary.

" N.J.A. C." means the New Jersey Administrative Code.

" N.J.D. C.A." means the New Jersey Department of Community Affairs.

" N.J.D. E.P." means the New Jersey Department of Environmental Protection.

" N.J.D. O.L." means the New Jersey Department of Labor.

" N.J.S. A." means the New Jersey Statutes Annotated.

"Public building" means any building or structure or part thereof, except housing, constructed prior to 1978 which is generally open to the public or occupied or visited by children, including but not limited to, museums, airports, hospitals, stores, public and private schools, daycare centers, and government facilities.

"Qualified health professional" means an individual who currently possesses a professional registration, license or certification in a health field or science.

"Shall" means that the action referred to is mandatory.

"Superstructure" means a large steel or other industrial structure, such as a bridge or water tower, which may contain lead-based paint.

"Trainee" means any person who is enrolled in a lead abatement worker, lead abatement supervisor, lead inspector/risk assessor, or lead abatement planner/project designer course approved by the Department.

"Training curriculum" means a list of knowledge and skills that need to be taught in a certified training program for a particular discipline.

"Training hours" means the number of training hours devoted to discussion, learning activities, small group/work/activities, demonstrations, evaluations, and/or hands-on experience exclusive of lunch and break times.

"Training manager" means the individual responsible for administering the training courses and monitoring the performance of the instructors.

"Train-the-trainer course" means a 40 hour or longer course of study which provides instruction in the planning and teaching of adult education courses.

" U.S.E. P.A." means the United States Environmental Protection Agency.

N.J. Admin. Code § 8:62-2.1

Amended by 51 N.J.R. 1358(a), effective 8/19/2019