Section 216-RICR-50-15-5.2 - DefinitionsA. Wherever used in this Part, the terms listed below shall be construed in the following manner: 1. "Accessory structure" means a detached or ancillary structure (e.g., garage, shed, or gazebo) which is not used or intended to be used for living or sleeping by human occupants, and which is located on the same premises with a dwelling.2. "Act" means R.I. Gen. Laws Chapter 23-24.6, Lead Poisoning Prevention.3. "Approved" means approved by the Department, State, or local authority having legal and administrative authority for such.4. "Certificate of Lead Conformance" or "LHM- 2-1 " means a certificate issued by a Lead Inspector or Lead Assessor which documents that a single family house, dwelling unit and common areas, or premises meets the lead mitigation standards for paint and dust in § 5.8 of this Part. This certificate is valid for two (2) years from the inspection date.5. "Child or children" means, for the purposes of this Part, any individual younger than six (6) years of age.6. "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 care homes, child 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. 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 this Part.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. "Comprehensive environmental lead inspection" or "CELI" means a surface-by-surface investigation of a child care facility, single-family house, dwelling unit and common areas, or premises to determine the presence of lead in paint, dust, soil, and water in order to identify lead hazards or determine compliance with the lead-safe standards in § 5.8 of this Part.11. "Conditional Lead-Safe Certificate" or "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 § 5.8 of this Part for paint, dust, soil, and water. Routine maintenance and renewal inspections are required to re-certify conditional compliance.12. "Department" or "RIDOH" means the Rhode Island Department of Health.13. "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.14. "Dwelling" or "dwelling unit" means 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."15. "Environmental lead" means, for the purposes of this Part, inorganic lead contained in paint, dust, soil, and/or water.16. "EPA" means the United States Environmental Protection Agency.17. "Family child care home" means a licensed residence where the resident can provide child care for up to six (6) children, or up to eight (8) children with an assistant approved by the Department of Human Services. Family child care homes located in residential buildings encompass the entire single-family house, dwelling unit and common areas, or premises, as applicable.18. "Field blank" means a new, unused dust wipe that has been exposed to the on-site sampling conditions and analyzed to determine whether the sampling media is below the minimum reporting level of the analyzing laboratory.19. "First-draw water sample" means a sample of tap water collected after the household water has been unused for at least six (6) hours.20. "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.21. "Full Certificate of Lead Conformance" or "LHM- 2-3 " means a certificate issued by a Lead Inspector or Lead Assessor which documents that a single-family house, dwelling unit and common areas or premises meets the lead mitigation standards for interior and exterior paint and interior dust in § 5.8 of this Part. This certificate expires two (2) years from the interior dust wipe clearance specified in the Interior Certificate of Lead Conformance (Form LHM- 2-2).22. "Group family child care home" means a residence where the resident can provide child care for eight (8) to twelve (12) children with one (1) or two (2) approved assistants (dependent on enrollment details).23. "HUD" means the United States Department of Housing and Urban Development.24. "Interior Certificate of Lead Conformance" or "LHM- 2-2 " means a certificate issued by a Lead Inspector or Lead Assessor which documents that a single-family house, dwelling unit and common areas, or premises meets the lead mitigation standard for interior paint and interior dust in § 5.8 of this Part. This certificate is based on a weather variance issued between November 1st and March 31st and is valid until the following June 30th.25. "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.26. "Lead contractor" means any person or entity engage in lead hazard reduction as a business and licensed pursuant to this Part 11 of this Subchapter.27. "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 Part are an immediate lead exposure hazard requiring corrective action at a regulated facility.28. "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.29. "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 or LHM Clearance Inspection is required at the conclusion of an LHC project.30. "Lead hazard mitigation inspection" or "LHM inspection" means an inspection of a single-family house, dwelling unit and common areas, or premises by a Lead Inspector or Lead Assessor to determine compliance with the lead mitigation standards in § 5.8 of this Part, required at unit turnover or once in a twenty-four month (24) period, whichever period is the longer.31. "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 Inspection is required at the conclusion of an LHM project to obtain a Certificate of Lead Conformance (Form LHM- 2-1), required for non-exempt residential rental units.32. "Lead hazard reduction" means 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).33. "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.34. "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 Part for paint, dust, soil, and/or water.35. "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 this Part, 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.36. "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.37. "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 Part 11 of this Subchapter, to conduct a supervised apprenticeship to meet the requirements for a Lead Inspector license.38. "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.39. "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 under the authority of a Lead Renovation Firm license.40. "Lead Safe" means that a dwelling, dwelling unit, or premises has undergone sufficient, lead-hazard reduction to ensure that no significant, environment lead hazard is present and includes, but is not limited to, covering and encapsulation and is evidenced by a lead-safe certificate issued by the Department of Health.41. "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.42. "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.43. "Mitigation report" means the final lead hazard mitigation inspection report and laboratory report.44. "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.45. "Partial Lead-Safe Certificate" or "Form PBLC-27" is a temporary certificate to document that certain rooms/areas or media met the lead-safe standards in § 5.8 of this Part at the time of the inspection.46. "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.47. "Renewal inspection" means the combination of a visual assessment of painted surfaces and environmental lead sampling, when applicable, at premises where lead-based paint or lead-contaminated soil is still present, to determine if the dwelling, dwelling unit, or premises, including soil, has been maintained in a lead-safe condition for renewing the Conditional Lead-Safe Certificate (Form PBLC-15).48. "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.49. "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).50. "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 Part 11 of this Subchapter.51. "Visual assessment" means the visual examination of a residential dwelling or a child care facility following a lead hazard control (LHC) project or lead hazard reduction (LHR) project to determine whether the project has been successfully completed; or, the visual examination of a residential dwelling or a child care facility to determine the existence of deteriorated paint or other potential sources of environmental lead exposure as part of a Risk Assessment.52. "Visual inspection" means a visual inspection by an owner or designated person to determine that the lead mitigation standards in § 5.8 of this Part were maintained when the term of tenancy is two (2) years or more. A notarized Affidavit of Completion of Visual Inspection must be submitted to the Department every two (2) years until tenant turnover.53. "X-ray fluorescence analyzer" or "XRF analyzer" means a portable instrument that measures lead concentration using the principle of x-ray fluorescence.216 R.I. Code R. 216-RICR-50-15-5.2
Adopted effective 1/3/2022