Section 67-2.2 - Definitions
Effective Date
67-2.2 Definitions. As used in this Subpart, the following words and terms shall have the stated meaning:
(a) Abatement means all actions necessary to permanently discontinue a condition conducive to lead poisoning such as replacement or removal of lead-based paint components.
(b) Accessible mouthable surfaces are those surfaces located within five feet of the floor or ground that form a protruding corner or similar edge, or protrude one-half inch or more from a flat wall surface, or are located so that a child may place their mouth on such protruding surface.
(c) Area of high risk means an area designated as such by the commissioner or their designated representative and may consist of one or more dwellings in which a condition conducive to lead poisoning of children exists.
(d) Approved laboratory means the New York State Department of Health's Wadsworth Center or a laboratory certified by the New York State Department of Health pursuant to the department's Environmental Laboratory Approval Program.
(e) Child care facility means any facility licensed by the New York State Office of Children and Family Services to offer or provide day care services or child care and any public or private schools attended by children six years of age or younger.
(f) Commissioner means the State Commissioner of Health.
(g) Condition conducive to lead poisoning means:
(1) the presence of lead-based paint or other similar surface coating on any accessible mouthable surface or any other surface in a condition accessible for ingestion or inhalation, where peeling, cracking, blistering, flaking, chipping or powdering of such paint or similar surface coating material occurs or is likely to occur; or
(2) the presence of other environmental conditions which may result in lead exposure.
(h) Designated representative means the health commissioner or public health officer of a city of 50,000 population or more, or the health commissioner or public health officer of a county or part-county health district, a State regional health director, a State regional environmental health director, a district director having jurisdiction, any county health director having all the powers and duties prescribed in section 352 of the Public Health Law, or any individual so designated by the commissioner pursuant to section 206(8) of the Public Health Law.
(i) Dwelling means all buildings or structures or portions thereof that are on or appurtenant to a deeded property, which are occupied in whole or in part as the home, residence, sleeping place or site of supervised care of one or more human beings, including childcare facilities for children under six years of age, kindergartens and nursery schools.
(j) Encapsulation means an alternative to paint film stabilization in which lead-based paint is covered by a specialized material explicitly made to prevent the spread of lead chips or particles in an affected space. Encapsulants must be applied by appropriately certified individuals. Encapsulation is intended to address lead hazards for at least 10 years, and shall not be regarded as a permanent abatement method.
(k) Enclosure means covering surfaces with durable rigid materials permanently affixed to the surface and sealed or caulked to prevent lead-based paint or any other material containing lead on such surfaces from becoming accessible to children.
(l) High efficiency particulate air (HEPA) filter means a filter capable of filtering at least 99.97% by weight of particles 0.3 microns or greater in diameter from air passed through the filter.
(m) Interim controls means a set of measures designed to temporarily reduce human exposure or likely exposure to lead hazards. Interim controls include, but are not limited to, temporary containment, specialized cleaning, ongoing lead-based paint maintenance activities, and the establishment and operation of management and resident education programs.
(n) Lead-based paint means paint, plaster or other surface coating material containing more than one half of one percent of metallic lead based on the total weight of the contained solids or dried film of the paint or plaster or other similar surface coating material or which exceeds 1.0 milligram per square centimeter of lead.
(o) Lead paint analyzer means any instrument approved by the United States Department of Housing and Urban Development to measure lead concentrations in milligrams per square centimeter either by emission of x-ray photons or other means of measurement.
(p) Paint film stabilization means repairing deteriorated paint by safely removing loose fragments and applying a smooth surface coating to reduce lead-based paint chips and lead dust.
(q) Remediation means taking actions necessary to discontinue any condition(s) conducive to lead poisoning and may include paint film stabilization, encapsulation, enclosure, or abatement activities such as replacement or removal.
(r) Removal means a method of abatement that results in the dislocation, stripping or scraping of paint or plaster or other coating material from a surface.
(s) Replacement means a method of abatement that involves removing components such as doors, windows and trim that contain lead-based paint and installing new or de-leaded components.
(t) Workplan means a plan which outlines all conditions conducive to lead poisoning requiring remediation on or within a subject property, as well as proposed actions to eliminate the condition(s), and a timeline in which the remediation will occur.
(u) ug/dL means micrograms per deciliter.