Section 216-RICR-50-15-12.2 - DefinitionsA. Wherever used in this Part, the terms listed below shall be construed in the following manner: 1. "Abrasive blasting" means the procedure of removing paint from a surface by using mechanical force to apply an abrasive material (e.g. sand, grit, or other similar material) to the painted surface.2. "Act" means R.I. Gen. Laws Chapter 23-24.6, Lead Poisoning Prevention.3. "Certificate of Lead Conformance (Form LHM- 2-1) " means a certificate issued by a Lead Inspector or Lead Assessor which certifies that a single family house, dwelling unit and common areas, or premises has passed a Lead Hazard Mitigation (LHM) Inspection.4. "Child care facility" means any building and/or area whose primary purpose is or will be to educate or care for children younger than six (6) years of age, including but not limited to, child day care centers, nursery schools, preschools, Kindergarten classrooms, public and private elementary schools. Child care facilities located in public or commercial buildings encompass only those common areas that are routinely used by children, such as restrooms and cafeterias. Common areas that children only pass through, such as hallways, staircases, and garages are not included. The child care facility also encompasses the exterior sides of the building that are immediately adjacent to the child care facility and the exterior common areas or play areas routinely used by children.5. "Cleaning verification card" or "CV card" means 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.6. "Cleaning verification procedure" or "CV" means the EPA procedure for determining whether post-renovation cleaning has been properly completed through comparison of wet and dry disposable cleaning cloths with an EPA-approved cleaning verification card.7. "Clearance inspection" means a visual assessment and lead testing, as applicable, done at the conclusion of a renovation, repair, and painting (RRP), lead hazard control (LHC), or lead hazard reduction (LHR) project to determine compliance with § 5.8.4 of this Subchapter.8. "Common area(s)" means a portion of a residential property that is available for shared use by occupants of more than one (1) dwelling unit, such as hallways, stairways, lobbies, community rooms, recreational rooms, laundry rooms, garages, playgrounds, and boundary fences; in general, any area not kept locked.9. "Component or building component" means specific design or structural elements or fixtures of a building or residential dwelling 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 wells or 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 wells or troughs, casings, sashes, and air conditioners.10. "Conditional Lead-Safe Certificate (Form PBLC-15)" means a certificate issued by a Lead Inspector, typically at the conclusion of a lead hazard control (LHC)or lead hazard reduction (LHR) project, which certifies that a child care center, single-family house, dwelling unit and common areas, or premises had a Comprehensive Environmental Lead Inspection and meets the conditional lead safe standards for paint, dust, soil, and water in § 12.7 of this Part and § 5.8 of this Subchapter. Routine maintenance and renewal inspections every two (2) years are required to re-certify conditional compliance.11. "Conditionally lead safe" means intact lead-based paint and/or covered soil for which the lead concentrations are above the lead-safe thresholds in § 12.7 of this Part and § 5.8 of this Subchapter. See "lead safe".12. "Containment or containment barriers" means physical measures taken to ensure that a process for protecting workers, residents, and the environment by controlling lead exposures with a system of temporary barriers, typically plastic sheeting or other impenetrable material, used to isolate a work area so that no dust, paint chips, or other debris escapes while work that will disturb known or assumed lead-based paint is being performed.13. "DEM" means the Rhode Island Department of Environmental Management.14. "Demolition" means, for the purposes of this Part, the removal of any structural member, architectural component, or fixture by destruction, as distinguished from removing the component whole or piece by piece.15. "Department" means the Rhode Island Department of Health.16. "Director" means the Director of the Rhode Island Department of Health or his/her agents, subordinates to whom the Director has delegated the powers and duties vested in the Director by these Regulations.17. "DOT" means the Rhode Island Department of Transportation.18. "Dry disposable cleaning cloth" means a commercially available dry, electrostatically charged, white disposable cloth designed to be used for cleaning hard surfaces such as uncarpeted floors or counter tops.19. "Dust wipe sample" means a sample collected by wiping a representative surface of a measured 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 an equivalent method approved in writing by the Department.20. "Dwelling" or "dwelling unit" means, as defined by R.I. Gen. Laws Chapter 42-128.1, an enclosed space used for living and sleeping by human occupants as a place of residence, including, but not limited to: a house, an apartment, or condominium, but for the purpose of this Chapter, shall not include hotels or temporary housing.21. "Encapsulation" means any covering or coating that acts as a barrier between lead-based paint and the environment which relies for its durability on adhesion between the encapsulant and the existing painted surface, and on the integrity of the bonds between the paint layers with each other and with the substrate. Encapsulation may be used as an abatement method only if it is designed and guaranteed to be "permanent."22. "Enclosure" means the use of rigid, durable construction materials which are mechanically fastened to the substrate, and sealed or caulked, in order to act as a barrier between lead-based paint and the environment. Enclosure may be used as an abatement method only if it is designed to be "permanent."23. "EPA" means the United States Environmental Protection Agency.24. "Feathering" means light sanding of interior surfaces, performed after damaged material has been removed by scraping, to soften abrupt transitions between bare substrate and remaining intact paint; or exposed layers of intact paint; or patching materials and the surrounding surface. Proper feathering will produce a surface which, after painting, has no edges that can be lifted with a fingernail.25. "First-draw water sample" means a sample of tap water collected after the household water has been unused for at least six (6) hours.26. "Flushed water sample" means a sample of tap water collected after the tap has been allowed to run at its maximum flow rate until cold, or at least one (1) minute, before the sample collection.27. "Friction surface" means a surface that is subject to abrasion, such as certain door, window, floor, and stair surfaces, that may generate dust from abrasion during normal use.28. "Full Lead-Safe Certificate (Form PBLC-21)" means a certificate issued by a Lead Inspector, typically at the conclusion of a lead hazard control (LHC) or lead hazard reduction (LHR) project, which certifies that a child care center, single-family house, dwelling unit and common areas, or premises had a Comprehensive Environmental Lead Inspection and meets the lead-safe standards for paint, dust, soil, and water in § 12.7 of this Part. A Full Lead-Safe Certificate does not expire.29. "HEPA filter" means a high-efficiency particulate air filter, used in respirators and vacuum systems, capable of capturing particles of 0.3 microns with 99.97% efficiency.30. "HEPA vacuum" means a vacuum cleaner which has been designed with a HEPA filter as the last filtration stage. 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. HEPA vacuums must be operated and maintained in accordance with the manufacturer's instructions.31. "Impact surface" means a surface that either moves or meets with a moveable surface and is subject to damage by repeated sudden force, impact, or contact, such as doors and windows with certain parts of their frames.32. "Interim controls" means a set of measures designed to temporarily reduce human exposure to lead hazards, including specialized cleaning, repairs, maintenance, painting, non-permanent encapsulation or enclosure, and ongoing monitoring of lead-based paint or potential lead hazards, and the establishment and operation of management and resident education programs.33. "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 Part 11 of this Subchapter, to conduct lead inspections within the purview of their employment.34. "Lead-based paint" means any paint or other surface coating that contains lead in excess of the Lead-Safe thresholds specified in § 5.8 of this Subchapter.35. "Lead contractor" means, any person or entity engage in lead hazard reduction as a business and licensed pursuant to Part 11 of this Subchapter.36. "Lead free" means paint below the Consumer Product Safety Commission (CPSC) limit on lead in paint (16 C.F.R. § 1303.1) and plumbing materials which meet the lead-free definition under the EPA Safe Drinking Water Act ( 40 C.F.R. Part 141 ).37. "Lead hazard" means a condition that presents a clear and significant health risk to occupants of a child care center, 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.38. "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 this Part.39. "Lead hazard control project" or "LHC project" means a project being done by a Lead Renovation Firm for the purpose of controlling lead hazards. An LHC Clearance Inspection is required at the conclusion of an LHC project.40. "Lead hazard mitigation" or "LHM" means spot removal or minor repair and maintenance activities by a property owner or designated person at a residential rental unit intended to correct lead hazards, which may include measures to reduce friction, stabilize paint, and cover bare soil for the purpose of obtaining a Certificate of Lead Conformance (FormLHM- 2-1).41. "Lead hazard mitigation project" or "LHM Project" means a project being done by an owner or designated person for the purpose of mitigating lead hazards. An LHM Clearance Inspection is required at the conclusion of an LHM project to obtain a Certificate of Lead Conformance (FormLHM- 2-1), required for non-exempt residential rental units.42. "Lead hazard reduction" means, as defined by R.I. Gen. Laws § 23-24.6-4, any action or actions designed to reduce exposure to toxic levels of lead which impose an unacceptable risk of exposure in any dwelling or dwelling unit where a child under the age of six (6) years with environmental intervention blood lead levels 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 measure or ongoing maintenance measures which may include, activities and/or measures that do not present an undue risk to children under age six (6).43. "Lead hazard reduction project" or "LHR project" means a project being done by a Lead Contractor for the purpose of reducing lead hazards. An LHR Clearance Inspection is required at the conclusion of an LHR project.44. "Lead inspection" means any type of physical investigation of a child care center, 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.45. "Lead inspection report" means a written report, on forms provided or approved by the Department, which documents the results of a lead inspection, conducted pursuant to Part 5 of this Subchapter, and includes the visual assessment, field testing, sample analysis results, summary of findings, and, for regulated facilities and target housing, lead hazard reduction or lead hazard control requirements and site-specific recommendations, as applicable.46. "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 Part 11 of this Subchapter, to conduct lead inspections.47. "Lead professional" means an occupational grouping of individuals and organizations licensed or certified pursuant to Part 11 of this Subchapter.48. "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 Part 11 of this Subchapter.49. "Lead renovator" means an individual who successfully completed a certified Lead Renovator training course and obtained a valid training certificate, pursuant to Part 11 of this Subchapter, to perform renovation, repair, and painting (RRP) and lead hazard control (LHC) work.50. "Lead safe" means paint, dust, soil, and/or water for which the lead concentrations are below the lead safe thresholds in § 12.7 of this Part. A lead safe concentration does not require corrective action and would be expected to persist indefinitely unless additional lead is added. See "conditionally lead safe."51. "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 Part 11 of this Subchapter, to perform and/or supervise lead hazard reduction (LHR) work.52. "Lead worker" means an individual who successfully completed a certified Lead Worker training course and obtained a license, pursuant to Part 11 of this Subchapter, to perform lead hazard reduction work.53. "Mechanical paint removal" means the use of any mechanical force to remove paint from a surface, including, but not limited to, electrical or other power equipment or abrasive blasting.54. "Minor repair and maintenance" means work activities, including minor heating, ventilation, and air conditioning (HVAC) work, electrical work, or plumbing work that disturbs less than six square feet (6 ft2) of lead-based paint per room for interior activities or less than twenty square feet (20 ft2) of lead based-paint for exterior activities where none of the work practices prohibited or restricted by this Part are used and where the work does not involve window replacement or demolition of painted surfaces. For the purposes of this Part, the term minor repair and maintenance shall be synonymous with spot removal. See "Spot removal."55. "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.56. "OSHA" means the United States Occupational Safety and Health Administration.57. "Owner" means 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.58. "Paint" means any substance applied to a surface as a surface coating, including, but not limited to, household paints, varnishes and stains.59. "Paint removal" means a method of abatement that permanently eliminates lead-based paint from surfaces; or surface preparation by stripping, scraping or sanding, as part of paint stabilization, or prior to encapsulation.60. "Paint stabilization" means repairing any physical defects in the substrate of a painted surface that is causing paint deterioration, removing loose paint and other material from the surface to be treated, and applying a new protective coating or paint to achieve intact status.61. "Paint stripper" means any chemical and/or caustic substance applied to a surface for the purpose of removing paint.62. "Painted surface" means a component surface covered in whole or in part with paint or other surface coatings.63. "Painted surface to be disturbed" means a painted surface that is to be stripped, scraped, sanded, cut, penetrated or otherwise affected by renovation or rehabilitation work in a manner that could potentially create a lead hazard by generating dust, fumes, or paint chips.64. "Permanent" means an expected design life of at least twenty (20) years.65. "Personal protective equipment" or "PPE" means any equipment such as disposable gloves, eye, face, foot or hair coverings, respirators, as well as outerwear which is either disposable or which must be laundered separately, worn to protect workers from lead exposure.66. "Premises" means, as defined by R.I. Gen. Laws § 23-24.6-4, a platted lot or part thereof or unplatted lot or parcel of land, occupied by a dwelling or structure and includes any building, accessory structure or other structure thereon which is or will be frequently used by children under the age of six (6) years.67. "Regulated facility" means any child care facility, single-family house, dwelling unit and common areas, or premises, as specified in § 3.2.2 of this Subchapter, which is subject to the requirements of this Part.68. "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.69. "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 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).70. "Sample" means an individual sample collected at one (1) time and in one (1) place, such as a "grab" sample of soil or a single-surface dust wipe.71. "Spot removal or de minimis" means minor repair and maintenance activities, which do not involve window replacement or demolition of painted surface areas, and disturb less than six square feet (6 ft2) of interior lead-based paint per room or less than twenty square feet (20 ft2) of exterior lead-based paint, and provided that no prohibited work practices are used. When removing painted components, or portions of painted components the entire surface area removed is the amount of lead-based paint being disturbed. Any additional work which disturbs lead based paint, performed in the same room or area within the same thirty (30) day period of an RRP project must be considered the same RRP project and not spot removal.72. "Standard treatments" means a series of lead hazard control or lead hazard reduction measures designed to correct assumed lead hazards without the benefit of a lead inspection. See "treatments."73. "Substrate" means the material directly beneath the painted surface out of which the components are constructed. The underlying surface which remains after paint is removed. Examples of substrates include wood, plaster, sheetrock, concrete, and metal.74. "Target housing" means any pre-1978 residential dwelling, except housing for the elderly or persons with disabilities or zero (0) bedroom units in which no child resides.75. "Temporary lead hazard control measures" means a set of measures designed to temporarily reduce human exposure or likely exposure to lead hazards, including but not limited to, specialized cleaning, temporary containment (e.g. plastic sheeting and/or duct tape), ongoing monitoring, and the establishment and operation of lead management and resident education programs.76. "Tenant" means any person, other than the owner, who enters into an agreement to rent, lease, or sublease a single-family house, dwelling unit, or premises.77. "Treatments" means any methods designed to control or reduce lead exposure hazards. Treatments include lead abatement, interim controls, or a combination of both. See "standard treatments."78. "Vertical containment" means a vertical barrier consisting of plastic sheeting or other impenetrable material over scaffolding or a rigid frame, or an equivalent system of containing the work area. Vertical containment is required for some exterior renovations, but it may be used on any renovation.79. "Wet cleaning" means a process of eliminating lead contamination from surfaces and objects by using water or detergent solutions and rinsing with clean water.80. "Wet disposable cleaning cloth" means a commercially available, premoistened white disposable cloth designed to be used for cleaning hard surfaces such as uncarpeted floors or counter tops.81. "Work area" means the area established by an appropriately licensed or certified lead professional to contain the dust and debris generated by activities that disturb painted surfaces.216 R.I. Code R. 216-RICR-50-15-12.2
Adopted effective 1/2/2022