Section 216-RICR-50-15-11.2 - DefinitionsA. Wherever used in this Part, the terms listed below shall be construed in the following manner: 1. "Act" means R.I. Gen. Laws Chapter 23-24.6, Lead Poisoning Prevention.2. "Approved" means approved by the Department, State, or local authority having legal and administrative authority for such.3. "Department" means the Rhode Island Department of Health.4. "Director" means the Director of the Rhode Island Department of Health or his or her agents, subordinates to whom the Director has delegated the powers and duties vested in the Director by these Regulations.5. "Employ" means to use or engage the services of someone.6. "Environmental lead" means, for the purposes of this Part, inorganic lead contained in paint, dust, soil, and/or water.7. "EPA" means the United States Environmental Protection Agency.8. "Hands-on training or activities" means a training activity that involves active participation; applied, as opposed to theoretical, i.e. the hands-on portion of a lead training course which allows the student to practice specific techniques in a simulated or actual setting with equipment and supplies typically used in the profession. Hands-on training, by definition, must be completed in person.9. "HUD" means the United States Department of Housing and Urban Development.10. "Lead assessor" means a person, either authorized to act as an enforcing officer under the housing code or a designated employee of a federal, state or municipal agency with jurisdiction over housing, occupational health, child welfare and/or environmental standards who successfully completed a Lead Assessor training course and obtained a license, pursuant to this Part, to conduct lead inspections within the purview of their employment.11. "Lead contractor" means any person or entity engage in lead hazard reduction as a business and licensed pursuant to this Part.12. "Lead hazard" means a condition that presents a clear and significant health risk to occupants of a child care facility, single-family house, dwelling unit and common areas, or premises, particularly where children reside. Lead concentrations in damaged paint, interior dust, bare soil, and/or drinking water which exceed the lead-safe thresholds in § 5.8 of this Subchapter are an immediate lead exposure hazard requiring corrective action at a regulated facility.13. "Lead hazard control" or "LHC" means any window replacement and/or interim controls intended to correct lead hazards identified in a lead inspection report or standard treatments to remove lead-based paint and/or minimize lead exposure, which may include measures to reduce the concentration of lead in paint, dust, soil, and/or water using approved treatment methods specified in Part 12 of this Subchapter.14. "Lead hazard reduction" or "LHR" means, as defined by R.I. Gen. Laws § 23-24.6-4, any action or actions designated to reduce exposure to toxic levels of lead which impose an unacceptable risk or exposure in any dwelling or dwelling unit, where a child under the age of six (6) years, with environmental intervention blood lead level or greater resides, or on any premises and may include, but is not limited to: repair, enclosure, encapsulation, or removal of lead based paint and/or lead contaminated dust, soil, or drinking water; relocation of occupants; and cleanup measures or ongoing maintenance measures, which may include activities and/or measures that do not present an undue risk to children under age six (6).15. "Lead inspection" means any type of physical investigation of a child care facility single-family house, dwelling unit, or premises to identify the presence of environmental lead, lead hazards, or compliance with the cleaning requirements and lead standards in § 5.8 of this Subchapter for paint, dust, soil, and/or water.16. "Lead inspector" means an individual, who successfully completed a certified Lead Inspector training course, passed the Lead Inspector Department examination, completed a supervised field apprenticeship, and obtained a license, pursuant to this Part, to conduct lead inspections.17. "Lead inspector-in-training" means an individual who successfully completed a certified Lead Inspector training course, passed the Lead Inspector Department examination, and obtained a license, pursuant to this Part, to conduct a supervised apprenticeship to meet the requirements for a Lead Inspector license.18. "Lead professional" means an occupational grouping of individuals and organizations licensed or certified pursuant to this Part.19. "Lead renovation firm" means any person or organization engaged in renovation, repair, and painting (RRP) or lead hazard control (LHC) as a business and licensed pursuant to this Part.20. "Lead renovator" means an individual who successfully completed a certified Lead Renovator training course and obtained a valid training certificate, pursuant to this Part, to perform renovation, repair, and painting (RRP) and lead hazard control (LHC) work.21. "Lead supervisor" means an individual who successfully completed a certified Lead Supervisor training course, passed the Lead Supervisor Department examination, and obtained a license, pursuant to this Part, to perform and/or supervise lead hazard reduction (LHR) work.22. "Lead training course" or "LTC" means a lead training course certified by the Department to meet the training prerequisite of a specific lead professional license issued by the Department or the certification requirement of a Lead Renovator.23. "Lead worker" means an individual who successfully completed a certified Lead Worker training course and obtained a license, pursuant to this Part, to perform lead hazard reduction work.24. "License" means an authorization granted by the Department to engage in a business or occupation that is subject to regulation by the Department. For the purposes of this Part, a registration, certification, permit or similar authorization issued by the Department is also considered to be a license.25. "Occupant" means, as defined by R.I. Gen. Laws § 23-24.6-4, any person who legally resides in, or regularly uses, a dwelling, dwelling unit, or structure; provided, however, that a guest of any age shall not be considered an occupant for the purposes of this Chapter.26. "Owner" means, as defined by R.I. Gen. Laws § 23-24.6-4, any person who, alone or jointly or severally with others:a. Shall have legal title to any dwelling or dwelling unit with or without accompanying actual possession of it; orb. Shall have charge, care, or control of any dwelling or dwelling unit as owner or agent of the owner or an executor, administrator, trustee, or guardian of the estate of the owner. Any person representing the actual owner shall be bound to comply with the provisions of this Chapter and with Rules and Regulations adopted pursuant to this Chapter to the same extent as if that person were the owner. An agent of the owner excludes real estate and property management functions where the agent is only responsible for the property management and does not have authority to fund capital and/or major property rehabilitation on behalf of the owner.c. For purposes of publicly owned property only, the owner shall be defined to be the Chief Executive Officer of the municipal or State agency which owns, leases or controls the use of the property.27. "Person" means any individual, partnership, firm, corporation, association, or organization, including municipal and State agencies.28. "Renovation" means the modification of any existing structure, or portion thereof that results in the disturbance of lead-painted surfaces, unless that activity is performed as part of a lead hazard control (LHC) or lead hazard reduction (LHR) project. 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 activities such as sanding, scraping, or other such activities which 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 lead-painted surfaces. A renovation performed for converting a building, or part of a building, into target housing or child care facilities is a renovation under this Part. The term renovation does not include minor repair and maintenance activities.29. "Renovation, repair, and painting project" or "RRP project" means a project which is being done by a Lead Renovation Firm for purposes other than removing lead-based paint or correcting lead hazards (although it may result in this). The purpose of an RRP project is to ensure that that renovations performed at a regulated facility or for compensation at target housing are done safely and prevent lead exposure to owners, occupants and neighbors of the property where the work is performed. Any additional work which disturbs lead-based paint, other than emergency renovation operations, performed in the same room or area within the same thirty (30) day period must be considered the same RRP project for the purpose of determining whether the work is spot removal or renovation, repair, and painting (RRP).30. "Supervised lead inspector-in-training" means a Lead Inspector-in-Training who is performing a field apprenticeship under the direct on-site supervision of a Department-approved Lead Inspector for the purpose of meeting the Lead Inspector licensing requirements of this Part.31. "Temporary training facility" or "temporary training location" means a nonpermanent training location approved by the Department for a lead training course certified pursuant to this Part.32. "Training hour" means at least fifty (50) minutes of actual learning, including, but not limited to, time devoted to lecture, learning activities, demonstrations, evaluations, and hands-on experience.33. "Training provider" means a person offering or conducting a lead training course certified pursuant to this Part.34. "Treatments" means any methods designed to control or reduce lead exposure hazards. Treatments include lead abatement, interim controls, or a combination of both.216 R.I. Code R. 216-RICR-50-15-11.2
Adopted effective 1/2/2022