Definitions.

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As used in this part 11, unless the context otherwise requires:

(1) "Abatement" means any measure or set of measures that will contain or permanently eliminate lead-based paint hazards, including:

  1. The removal of lead-based paint and lead-contaminated dust;

  2. The permanent containment of lead-based paint;

  3. The encapsulation of lead-based paint;

  4. The replacement or enclosure of lead-painted surfaces or fixtures;

  5. The removal or covering of lead-contaminated soil; and

  6. All preparation, cleanup, disposal, monitoring, and clearance testing activities associated with the measures described in this subsection (1).

(2) (a) "Child-occupied facility" means a building or portion of a building that:

  1. Was constructed prior to 1978;

  2. Is visited regularly by the same child who is under seven years of age;

  3. Is visited by such child on two or more days within any week, consisting of theperiod from Sunday through the following Saturday, with each such visit totaling six or more hours; and

  4. Is visited by such child a total of at least sixty hours in one year.

(b) "Child-occupied facility" includes, but is not limited to, any day-care center, preschool, or kindergarten classroom constructed prior to 1978.

  1. "Commission" means the air quality control commission created by section 25-7104.

  2. "Division" means the air pollution control division in the department of public healthand environment.

  3. "Lead-based paint" means any paint containing more than six one-hundredths of oneper cent by wet weight of lead metal, more than five-tenths of one percent by dry weight of lead metal, or more than one milligram per square centimeter of lead metal.

  4. "Lead-based paint hazard" means any condition that causes exposure to lead fromlead-contaminated dust, lead-contaminated soil, or lead-based paint.

  5. "Target housing" means housing constructed prior to 1978 other than any zerobedroom dwelling or any housing for the elderly or a person with a disability; except that "target housing" includes housing for the elderly or a person with a disability if a child under seven years of age resides or is expected to reside in the housing.

Source: L. 97: Entire part added, p. 1086, § 2, effective July 1.


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