Section 31-41-12 - DefinitionsAs used in this article, the term:
(1) "Confirmed lead poisoning" means a confirmed concentration of lead equal to or greater than 3.5 micrograms of lead per deciliter using a single venous blood test or two capillary blood tests taken within 12 weeks of each other.(2) "Day-care facility" means a structure or structures used as a school, nursery, child care center, clinic, treatment center, or other facility serving the needs of children under six years of age including the grounds, any outbuildings, or other structures appurtenant to the facility.(3) "Department" means the Department of Public Health.(4) "Dwelling," "dwelling unit," or "residential housing unit" means the interior or exterior of a structure, all or part of which is designed or used for human habitation.(5) "Elevated blood lead level" means a blood lead concentration of 3.5 micrograms per deciliter or greater in any test.(5.1) "Lead hazard abatement" means the removal and correction, in a manner no more strict than what is determined to be absolutely necessary, of a specifically identified hazard which causes a confirmed lead poisoning.(6) "Lead poisoning hazard" means the presence of readily accessible or mouthable lead-bearing substances measuring 1.0 milligram per square centimeter or greater by X-ray fluorescence or 0.5 percent or greater by chemical analysis; 10 micrograms per square foot or greater for dust on floors; 100 micrograms per square foot or greater for dust on window sills; or 400 parts per million in bare soil in outdoor areas of a dwelling, dwelling unit, school, or day-care facility used by children as play areas or an average of 1,200 parts per million in bare soil in other outdoor areas of the dwelling, dwelling unit, school, or day-care facility not used for children's play.(7) "Lead safe housing" is housing that was built since 1978 or that has been tested by a person who has been licensed or certified by the Board of Natural Resources to perform such testing and either found to have no lead-based paint hazards within the meaning of Title X of the Residential Lead-Based Paint Hazard Reduction Act of 1992, 14 U.S.C. Code Section 185(b)(15) or housing that has been found to meet the requirements of the maintenance standard.(8) "Maintenance standard" means the following:(A) Repairing and repainting areas of deteriorated paint inside a residential housing unit;(B) Cleaning the interior of the unit to a standard of cleaning which is at least customary in the local area at lease origination or as part of the abatement plan, whichever is first, to remove dust that constitutes a lead poisoning hazard;(C) Adjusting doors and windows to minimize friction or impact on surfaces;(D) Subject to the occupant's approval, appropriately cleaning any carpets at lease origination or as part of the abatement plan, whichever is first;(E) Taking such steps as are necessary to ensure that all interior surfaces on which dust might collect are readily cleanable; and(F) Providing the occupant or occupants all information required to be provided under the Residential Lead-Based Paint Hazard Reduction Act of 1992 and amendments thereto.(9) "Managing agent" means any person who has charge, care, or control of a building or part thereof in which dwelling units or rooming units are leased.(10) "Mouthable lead-bearing substance" means any substance on surfaces or fixtures five feet or less from the floor or ground that form a protruding corner or similar edge, protrude one-half inch or more from a flat wall surface, or are freestanding and contain lead contaminated dust at a level that constitutes a lead poisoning hazard. Mouthable surfaces or fixtures include vinyl miniblinds, doors, door jambs, stairs, stair rails, windows, window sills, and baseboards.(11) "Readily accessible lead-bearing substance" means any substance containing lead at a level that constitutes a lead poisoning hazard which can be ingested or inhaled by a child under six years of age. Readily accessible substances include deteriorated paint that is peeling, chipping, cracking, flaking, or blistering to the extent that the paint has separated from the substrate. Readily accessible substances also include paint that is chalking.(12) "Regularly visits" means presence at a dwelling, dwelling unit, school, or day-care facility for at least two days a week for more than three hours per day.(13) "Supplemental address" means a dwelling, dwelling unit, school, or day-care facility where a child with an elevated blood lead level or a confirmed lead poisoning regularly visits or attends. Supplemental address also means a dwelling, school, or day-care facility where a child resided, regularly visited, or attended within the six months immediately preceding the determination of an elevated blood lead level or a confirmed lead poisoning.Amended by 2022 Ga. Laws 776,§ 3, eff. 7/1/2022.Amended by 2011 Ga. Laws 244,§ 5-18, eff. 7/1/2011.Amended by 2008 Ga. Laws 719,§ 1, eff. 7/1/2008.2000 Ga. Laws 794, § 2, which enacted this act, provides: "The provisions of this Act relating to enforcement of recommendations for abatement or mitigation of a lead hazard shall become effective upon the receipt of funds by the Department of Public Health in the form of a grant for such specific purpose awarded by the Centers for Disease Control and Prevention."