MS Code § 49-17-505 (2020)
2020 Mississippi Code|Title 49 - Conservation and Ecology|Chapter 17 - Pollution of Waters, Streams, and Air|Lead-Based Paint Activity Accreditation and Certification Act|§ 49-17-505. Definitions

 For purposes of Sections 49-17-501 through 49-17-531, the following terms shall have the meaning ascribed herein unless the context clearly indicates otherwise:   "Abatement" means any measure or set of measures designed to permanently eliminate lead-based paint hazards consistent with 745 CFR Section 223. The term includes, but is not limited to, the removal of lead-based paint and lead-contaminated dust, the permanent enclosure or encapsulation of lead-based paint, the replacement of lead-painted surfaces or fixtures, and the removal or covering of lead-contaminated soil and all preparation, cleanup, disposal, and postabatement clearance testing activities associated with those measures. The term does not include renovation, remodeling, landscaping or other activities not designed to permanently eliminate lead-based paint hazards and interim controls, operations and maintenance activities or other activities and measures designed to temporarily, but not permanently reduce lead-based paint hazards.   "Accredited training program" means a training program that has been accredited by the commission, United States Environmental Protection Agency (EPA) or EPA-approved lead-based paint program in a state with reciprocity agreements with Mississippi to provide training for individuals engaged in lead-based paint activities.   "Certificate" means a document authorizing a person to perform lead-based paint activities as described in Sections 49-17-501 through 49-17-531.   "Child-occupied facility," as this term applies to abatement activities, means a building, or portion of a building, constructed before 1978, visited regularly by the same child, six (6) years of age or under, on at least two (2) different days within any calendar week, if each day's visit lasts at least three (3) hours, the combined weekly visit lasts at least six (6) hours, and the combined annual visits last at least sixty (60) hours. Child-occupied facilities include, but are not limited to, day care centers, preschools and kindergarten classrooms.   "Child-occupied facility," as this term applies to renovation activities, means a building, or portion of a building, constructed prior to 1978, visited regularly by the same child, under six (6) years of age, on at least two (2) different days within any week, if each day's visit lasts at least three (3) hours and the combined weekly visits last at least six (6) hours, and the combined annual visits last at least sixty (60) hours.Child-occupied facilities may include, but are not limited to, day care centers, preschools and kindergarten classrooms.Child-occupied facilities may be located in target housing or in public or commercial buildings.With respect to common areas in public or commercial buildings that contain child-occupied facilities, the child-occupied facility encompasses only those common areas that are routinely used by children under age six (6), such as restrooms and cafeterias.Common areas that children under age six (6) only pass through, such as hallways, stairways, and garages are not included.In addition, with respect to exteriors of public or commercial buildings that contain child-occupied facilities, the child-occupied facility encompasses only the exterior sides of the building that are immediately adjacent to the child-occupied facility or the common areas routinely used by children under age six (6).   "Clearance levels" means the maximum amount of lead permitted in dust on a surface following completion of an abatement activity.   "Commission" means the Mississippi Commission on Environmental Quality.   "Department" means the Mississippi Department of Environmental Quality.   "Dust sampling technician" means an individual employed to perform dust clearance sampling.   "Executive director" means the Executive Director of the Mississippi Department of Environmental Quality.   "Firm" means a company, partnership, corporation, sole proprietorship, association, or other business entity or individual doing business that performs or offers to perform lead-based paint activities. This term also includes a federal, state, tribal, or local government agency, or a nonprofit organization that performs or offers to perform lead-based paint activities.   "Inspection" means a surface-by-surface investigation to determine the presence of lead-based paint and the provision of a report explaining the results of the investigation.   "Inspector" means an individual employed to inspect or reinspect for the presence of lead-based paint, to collect samples for the presence of lead in dust and soil for the purposes of abatement or renovation clearance testing and to prepare inspection reports.   "Lead-based paint" means paint or other surface coatings that contain lead equal to or in excess of one (1) milligram per square centimeter or more than one-half of one percent (0.5%) by weight.   "Lead-based paint activities" means inspection, risk assessment, abatement or renovation of target housing or child-occupied facilities.   "Lead-based paint hazard" means any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, or 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 identified by the Administrator of the United States Environmental Protection Agency.   "Minor repair and maintenance activities" means activities, including minor heating, ventilation or air conditioning work, electrical work, and plumbing, that disrupt six (6) square feet or less of painted surface per room for interior activities or twenty (20) square feet or less of painted surface for exterior activities where none of the work practices prohibited or restricted by 40 CFR Section 745.85(a)(3) are used and where the work does not involve window replacement or demolition of painted surface areas. When removing painted components, or portions of painted components, the entire surface area removed is the amount of painted surface disturbed.Jobs, other than emergency renovations, performed in the same room within the same thirty (30) days must be considered the same job for the purpose of determining whether the job is a minor repair and maintenance activity.   "Person" means the state or other agency or institution thereof, any municipality, political subdivision, public or private corporation, individual, partnership, firm, association, independent contractor or other entity, and includes any officer or governing or managing body of any municipality, political subdivision, or public or private corporation, or the United States or any officer or employee thereof.   "Project designer" means an individual employed to prepare abatement project designs, occupant protection plans and abatement project reports.   "Renovation" means the modification of any existing structure, or portion thereof, that results in the disturbance of painted surfaces, unless that activity is performed as part of an abatement.The term ‘renovation‘ includes, but is not limited to:the removal, modification or repair of painted surfaces or painted components (e.g., modification of painted doors, surface restoration, window repair, surface preparation activity, sanding, scraping or other activities that may generate paint dust); the removal of building components (e.g., walls, ceilings, plumbing, windows); weatherization projects (e.g., cutting holes in painted surfaces to install blown-in insulation or to gain access to attics, planning thresholds to install weather-stripping); and interim controls that disturb painted surfaces.A renovation performed for the purpose of converting a building, or part of a building, into target housing or a child-occupied facility is a renovation. The term renovation does not include minor repair and maintenance activities.   "Renovator" means an individual who either performs or directs or supervises workers who perform renovations.A "certified renovator‘ is a renovator who has successfully completed a renovator course accredited by EPA or an EPA-authorized state or tribal program, and has been certified to perform renovations in the State of Mississippi.   "Residential dwelling" means a detached single family dwelling unit, including attached structures such as porches and stoops or a single family dwelling unit in a structure that contains more than one (1) separate residential dwelling unit, which is used or occupied, or intended to be used or occupied, in whole or in part, as the home or residence of one or more persons.   "Risk assessment" means an on-site investigation to determine the existence, nature, severity, and location of lead-based paint hazards and the provision of a report by the person conducting the risk assessment, explaining the results of the investigation and options for reducing lead-based paint hazards.   "Risk assessor" means an individual employed to conduct risk assessments and lead hazard screens, to prepare inspection reports and to collect samples for the presence of lead in dust and soil for the purposes of abatement and renovation clearance testing.   "Supervisor" means an individual designated by a contractor or certified firm to be responsible for the direction and conduct of lead-based paint abatement activities and to prepare occupant protection plans and abatement reports.   "Target housing," as this term refers to abatements, means any housing constructed before 1978, except housing for the elderly or persons with disabilities [unless any one or more children aged six (6) years or under resides or is expected to reside in that housing for the elderly or persons with disabilities] or any zero-bedroom dwelling.   "Target housing," as this term refers to renovations, means any housing constructed before 1978, except housing for the elderly or persons with disabilities (unless any one or more children under the age of six (6) years resides or is expected to reside in that housing for the elderly or persons with disabilities) or any zero-bedroom dwelling.   "Worker" means any individual who works on abatements or renovations.