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Instructor: John Henderson JT@grar.com
Module 1 Lesson 3 – Definitions of the Lead Based Paint law
A few important definitions to regarding lead-based paint policies:
1. Abatement: Any set of measures to eliminate the hazard which includes the removal of lead-based paint and lead-contaminated dust, the permanent containment or encapsulation of it, the replacement of lead-painted surfaces or fixtures, the removal or covering of lead contaminated soil, and all preparation, cleanup, disposal and post-abatement clearance testing activities associated with such measures.
2. Risk Assessment: An onsite evaluation to determine and report the existence, nature, severity and location of lead-based paint hazards including information gathering regarding the age and history of the housing and occupancy by children under age 6, visual inspection, limited wipe sampling or other environmental sampling techniques, other activity as may be appropriate; and provision of a report explaining the results of the investigation.
42 USC 4851b
For the purposes of this chapter, the following definitions shall apply:
(1) Abatement The term “abatement” means any set of measures designed to permanently eliminate lead-based paint hazards in accordance with standards established by appropriate Federal agencies. Such term includes—
(A) the removal of lead-based paint and lead-contaminated dust, the permanent containment or encapsulation oflead-based paint, the replacement of lead-painted surfaces or fixtures, and the removal or covering of lead contaminated soil; and
(B) all preparation, cleanup, disposal, and postabatement clearance testing activities associated with such measures.
(2) Accessible surface
The term “accessible surface” means an interior or exterior surface painted with lead-based paint that is accessible for a young child to mouth or chew.
(3) Certified contractor The term “certified contractor” means—
(A) a contractor, inspector, or supervisor who has completed a training program certified by the appropriate Federal agency and has met any other requirements for certification or licensure established by such agency or who has been certified by any State through a program which has been found by such Federal agency to be at least as rigorous as the Federal certification program; and
(B) Workers or designers who have fully met training requirements established by the appropriate Federal agency.
(4) Contract for the purchase and sale of residential real property
The term “contract for the purchase and sale of residential real property” means any contract or agreement in which one party agrees to purchase an interest in real property on which there is situated 1 or more residential dwellings used or occupied, or intended to be used or occupied, in whole or in part, as the home or residence of 1 or more persons.
(5) Deteriorated paint
The term “deteriorated paint” means any interior or exterior paint that is peeling, chipping, chalking or cracking or any paint located on an interior or exterior surface or fixture that is damaged or deteriorated.
The term “evaluation” means risk assessment, inspection, or risk assessment and inspection.
(7) Federally assisted housing The term “federally assisted housing” means residential dwellings receiving project-based assistance under programs including—
(A) section 1715l(d)(3) or 1715z–1 of title 12;
(B) section 1 of the Housing and Urban Development Act of 1965;
(C) section 1437f of this title; or
(D) sections 1472(a), 1474, 1484, 1485, 1486 and 1490m of this title.
(8) Federally owned housing
The term “federally owned housing” means residential dwellings owned or managed by a Federal agency, or for which aFederal agency is a trustee or conservator. For the purpose of this paragraph, the term “Federal agency” includes the Department of Housing and Urban Development, the Farmers Home Administration, the Resolution Trust Corporation,the Federal Deposit Insurance Corporation, the General Services Administration, the Department of Defense, the Department of Veterans Affairs, the Department of the Interior, the Department of Transportation, and any other Federal agency.
(9) Federally supported work
The term “federally supported work” means any lead hazard evaluation or reduction activities conducted in federally owned or assisted housing or funded in whole or in part through any financial assistance program of the Department of Housing and Urban Development, the Farmers Home Administration, or the Department of Veterans Affairs.
(10) Friction surface
The term “friction surface” means an interior or exterior surface that is subject to abrasion or friction, including certain window, floor, and stair surfaces.
(11) Impact surface
The term “impact surface” means an interior or exterior surface that is subject to damage by repeated impacts, for example, certain parts of door frames.
The term “inspection” means a surface-by-surface investigation to determine the presence of lead-based paint as provided in section 4822(c) of this title and the provision of a report explaining the results of the investigation.
(13) Interim controls
The term “interim controls” means a set of measures designed to reduce temporarily human exposure or likely exposure to lead-based paint hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment,ongoing monitoring of lead-based paint hazards or potential hazards, and the establishment and operation of management and resident education programs.
(14) Lead-based paint
The term “lead-based paint” means paint or other surface coatings that contain lead in excess of limits established under section 4822(c) of this title.
(15) Lead-based paint hazard
The term “lead-based paint hazard” means any condition that causes exposure to lead from lead-contaminated dust,lead-contaminated soil, lead-contaminated 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 appropriate Federal agency.
(16) Lead-contaminated dust
The term “lead-contaminated dust” means surface dust in residential dwellings that contains an area or mass concentration of lead in excess of levels determined by the appropriate Federal agency to pose a threat of adverse health effects in pregnant women or young children.
(17) Lead-contaminated soil
The term “lead-contaminated soil” means bare soil on residential real property that contains lead at or in excess of the levels determined to be hazardous to human health by the appropriate Federal agency.
(18) Mortgage loan The term “mortgage loan” includes any loan (other than temporary financing such as a construction loan) that—
(A) is secured by a first lien on any interest in residential real property; and
is insured, guaranteed, made, or assisted by the Department of Housing and Urban Development, the Department of Veterans Affairs, or the Farmers Home Administration, or by any other agency of the Federal Government; or
is intended to be sold by each originating mortgage institution to any federally chartered secondary mortgage market institution.
(19) Originating mortgage institution
The term “originating mortgage institution” means a lender that provides mortgage loans.
(20) Priority housing
The term “priority housing” means target housing that qualifies as affordable housing under section 12745 of this title, including housing that receives assistance under subsection (b) or (o) of section 1437f of this title.
(21) Public housing
The term “public housing” has the same meaning given the term in section 1437a(b) of this title.
The term “reduction” means measures designed to reduce or eliminate human exposure to lead-based paint hazardsthrough methods including interim controls and abatement.
(23) Residential dwelling The term “residential dwelling” means—
(A) a single-family dwelling, including attached structures such as porches and stoops; or
(B) a single-family dwelling unit in a structure that contains more than 1 separate residential dwelling unit, and in which each such unit is used or occupied, or intended to be used or occupied, in whole or in part, as the home or residence of 1 or more persons.
(24) Residential real property
The term “residential real property” means real property on which there is situated 1 or more residential dwellings used or occupied, or intended to be used or occupied, in whole or in part, as the home or residence of 1 or more persons.
(25) Risk assessment The term “risk assessment” means an on-site investigation to determine and report the existence, nature, severity and location of lead-based paint hazards in residential dwellings, including—
(A) information gathering regarding the age and history of the housing and occupancy by children under age 6;
(B) visual inspection;
(C) limited wipe sampling or other environmental sampling techniques;
(D) other activity as may be appropriate; and
(E) provision of a report explaining the results of the investigation.
The term “Secretary” means the Secretary of Housing and Urban Development.
(27) Target housing
The term “target housing” means any housing constructed prior to 1978, except housing for the elderly or persons with disabilities or any 0-bedroom dwelling (unless any child who is less than 6 years of age resides or is expected to reside in such housing). In the case of jurisdictions which banned the sale or use of lead-based paint prior to 1978, theSecretary, at the Secretary’s discretion, may designate an earlier date.