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:
The removal of lead-based paint and lead-contaminated dust;
The permanent containment of lead-based paint;
The encapsulation of lead-based paint;
The replacement or enclosure of lead-painted surfaces or fixtures;
The removal or covering of lead-contaminated soil; and
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:
Was constructed prior to 1978;
Is visited regularly by the same child who is under seven years of age;
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
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.
"Commission" means the air quality control commission created by section 25-7104.
"Division" means the air pollution control division in the department of public healthand environment.
"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.
"Lead-based paint hazard" means any condition that causes exposure to lead fromlead-contaminated dust, lead-contaminated soil, or lead-based paint.
"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.