Section 67-5.2 - Definitions
Effective Date
67-5.2 Definitions. As used in this Subpart, the following words and terms shall have the following meanings:
(a) “Abatement” means actions necessary to permanently discontinue a lead-based paint hazard such as removal or replacement of lead-based paint components.
(b) “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 its Environmental Laboratory Approval Program (ELAP).
(c) “Commissioner” means the State Commissioner of Health.
(d) “Community of Concern” means an area within the State which the New York State Department of Health has designated as having a disproportionately high prevalence of children with elevated blood lead levels, pursuant to the requirements of section 1370-a(3) of the Public Health Law.
(e) “Department” means the New York State Department of Health.
(f) “Designated representative” means the health commissioner or health officer of a city with a population of 50,000 or more, or the health commissioner or health officer of a county health district as described in section 351 of the Public Health Law, the State regional health director, State regional environmental health director or district director having jurisdiction, or any individual so designated by the commissioner pursuant to section 206(8) of the Public Health Law.
(g) “Dust-wipe sampling” is a method of collecting settled dust from surfaces like floors and windowsills to test for the presence of lead in a manner acceptable to the department.
(h) “Dwelling” means all buildings, structures, or portions thereof that are certified for occupancy and are or may be so occupied in whole or in part as the home, residence, abode, or domicile, for one or more human beings.
(i) “Encapsulation” is an alternative to paint film stabilization in which lead-based paint is covered by a specialized material expressly made to prevent the spread of lead-based paint 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.
(j) “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 people.
(k) “Inspector” means a person who is qualified to identify and assess lead-based paint and visual lead soil hazards and risks and is certified or trained in a manner acceptable to the department.
(l) “Interim controls” means a set of measures designed to temporarily reduce human exposure or likely exposure to lead-based paint 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.
(m) “Lead-based paint” is 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.
(n) “Lead-based paint hazard” is the presence of lead-based paint or other similar surface coating where peeling, cracking, blistering, flaking, chipping, or powdering of such paint or similar surface coating material occurs or is likely to occur, and/or the presence of lead dust hazards. The presence of lead-based paint is presumed based on the age and location of housing, therefore visual observation of damaged, decayed or otherwise defective paint will constitute prima facie evidence of a lead-based paint hazard.
(o) “Lead dust hazard” is the presence of dust which, when sampled in a manner acceptable to the department and analyzed by an approved laboratory, indicates the presence of lead in concentrations exceeding action levels established by the United States Environmental Protection Agency in 40 CFR 745.65, as published in 89 FR 89416, Nov. 12, 2024.
(p) “Lead hazard inspection” means an environmental investigation to identify lead-based paint hazards and visual lead soil hazards conducted by a qualified inspector.
(q) “Lead hazard inspection report” means a record of environmental lead-based paint hazards and visual lead soil hazards identified during a lead hazard inspection. To be accepted into the rental registry, a lead hazard inspection report must be submitted in a format or template approved by the department.
(r) “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.
(s) “Lead-safe work practices” are ways to perform lead-based paint-disturbing work so that occupants, workers, workers’ families and the environment are protected from exposure to, or contamination from, lead in dust, debris, and residue generated by such work.
(t) “Lead safety certification” is an attestation by a qualified inspector that a rental unit and all common interior and exterior areas of a dwelling have received a satisfactory lead hazard inspection result, and they do not pose a lead-based paint hazard or visual lead soil hazard to the occupants in the dwelling’s current condition. The lead safety certification must be received in a format approved by and in a manner acceptable to the department.
(u) “Owner” includes the owner or owners of the freehold of the premises or a lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, agent, or any other person, firm, organization or corporation directly or indirectly in control of a dwelling.
(v) “Paint film stabilization” means repairing deteriorated paint by safely removing loose fragments and applying a smooth surface coating to reduce the volume of new lead-based paint chips and lead dust.
(w) “Property class designation” means the property class code used to provide a statewide uniform classification system for assessment as designated by the Department of Taxation and Finance.
(x) “Remediation” includes actions necessary to discontinue lead-based paint hazards and visual lead soil hazards and may include paint film stabilization, encapsulation, enclosure, or abatement activities such as replacement or removal.
(y) “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.
(z) “Rental registry” is the central statewide data system managed by the department and used to identify residential dwellings built prior to 1980 with two or more units in communities of concern; generate notices to said owners; track lead hazard inspections, violations, and remediation of lead-based paint hazards and visual lead soil hazards; and facilitate the issuance of a lead safety certificate.
(aa) “Rental unit” is a residential dwelling or portion thereof, built prior to 1980, which by virtue of its property class designation is potentially eligible for rent, lease, let, or hiring out as an abode or domicile. For the purposes of inspection, remediation, and certification, the rental unit includes the tenant’s individual unit as well as all common interior and exterior areas of the dwelling that tenants can access.
(ab) “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.
(ac) “Third-party inspector” means a person or firm other than the department or its designated representative who is certified as an EPA Lead Risk Assessor. For the purposes of this Subpart, the owner may be the third-party inspector if certified as an EPA Lead Risk Assessor.
(ad) “Visual lead soil hazard” is any area of bare soil near the dwelling where a person is likely to spend time and may be subject to lead exposure.
(ae) “Workplan” means a plan intended to outline all lead-based paint hazards requiring remediation, as well as proposed actions to address the hazards, and a timeline in which the remediation will occur.