Connecticut Administrative Code › Title 19a - Public Health and Well-being › 111 - Lead Poisoning Prevention and Control › Section 19a-111-1 - Definitions

Current through July 10, 2024
(1) "Abatement" means any set of measures
			 designed to eliminate lead hazards in accordance with standards established
			 pursuant to Sections
			 20-474
			 through
			 20-482 and
			 subsections (e) and (f) of Section
			 19a-88
			 of the Connecticut General Statutes and regulations of Connecticut State
			 Agencies sections
			 19a-111-1 through
			 19a-111-11 and
			 20-478-1
			 and
			 20-478-2
			 including, but not limited to, the encapsulation, replacement, removal,
			 enclosure or covering of paint, plaster, soil or other material containing
			 toxic levels of lead and all preparation, clean-up, disposal and reoccupancy
			 clearance testing.
(2) "Abatement
			 area" means a room or area isolated with containment in accordance with
			 subdivision
			 19a-111-4(c)(2)
			 of the regulations of Connecticut State Agencies where lead abatement is
			 occurring.
(3) "Accessible surface"
			 means any surface which is below five (5) feet in height or is exposed in such
			 a way that a child can come in contact with the surface.
(4) "Apparent lead concentration" (ALC) means
			 the average of at least three displayed lead concentration readings taken using
			 a direct reading type x-ray fluorescence analyzer.
(5) "Approved training course" or "approved
			 refresher training course" means a training course or a refresher training
			 course, respectively, approved by the department pursuant to Section
			 20-477
			 of the Connecticut General Statutes.
(6) "Atomic absorption spectrophotometer"
			 (AAS) means an instrument which measures the lead content in parts per million
			 (ppm) using a lead source lamp, a flame capable of measuring the absorbed
			 energy and converting it to concentration.
(7) "Biological monitoring" means the
			 analysis of a person's blood and/or urine, to determine the level of lead
			 contamination in the body.
(8)
			 "Certificate" means a document issued by the department indicating successful
			 completion of an approved training course.
(9) "Certified historic property" means any
			 building, structure, or site which has been determined historic by the
			 Connecticut Historical Commission. Historic properties must be included in or
			 eligible for inclusion in the national or state registers of historic
			 places.
(10) "Certified industrial
			 hygienist" means a person possessing a certificate from the American Board of
			 Industrial Hygiene which indicates that they have specific academic
			 credentials, five years professional experience in industrial hygiene, and have
			 passed an examination given by the American Board of Industrial
			 Hygiene.
(11) "Certified lead
			 inspector risk assessor" means any lead consultant who completes an appropriate
			 approved training course and obtains a certificate as a lead inspector risk
			 assessor from the department. A certified lead inspector risk assessor conducts
			 inspections and collects and interprets information to assess the level of risk
			 from lead hazards.
(12) "Certified
			 lead abatement supervisor" means any person who completes an appropriate
			 approved training course and obtains a certificate as a lead abatement
			 supervisor from the department. A lead abatement supervisor oversees lead
			 abatement activities.
(13)
			 "Certified lead abatement worker" means any person who completes an appropriate
			 approved training course and obtains a certificate as a lead abatement worker
			 from the department. A lead abatement worker performs lead abatement
			 activities.
(14) "Certified lead
			 inspector" means any lead consultant who completes an appropriate approved
			 training course and obtains a certificate as a lead inspector from the
			 department. A certified lead inspector conducts inspections to determine the
			 presence of lead in paint, other surface coverings and various environmental
			 media. The terms "lead inspector" and "inspector" mean "certified lead
			 inspector" or "code enforcement official" as defined in subsection (20) of this
			 section unless specifically noted otherwise.
(15) "Certified lead planner-project
			 designer" means any lead consultant who completes an appropriate approved
			 training course and obtains a certificate as a lead planner-project designer
			 from the department. A certified lead planner-project designer designs lead
			 abatement and management activities.
(16) "Chewable surface" means any projection
			 one half (0.50) inch or greater from an interior or exterior surface up to five
			 (5) feet in height that can be mouthed by a child. The chewable surface
			 includes window sills, door frames, stair rails and stairs, two (2) inches back
			 from any edge, and any other exterior and interior surface that may be readily
			 chewed by children. Baseboards with an exposed horizontal edge may have quarter
			 round molding applied to the top so that only vertical edges forming outside
			 corners, if present, constitute a chewable surface.
(17) "Child" means a person under the age of
			 six (6).
(18) "Child day care
			 services" means a program of supplementary care in accordance with section
			 19a-77(a)
			 of the Connecticut General Statutes.
(19) "Child day care center" means a program
			 of supplementary care in accordance with section
			 19a-77(a)(1)
			 of Connecticut General Statutes.
(20) "Code enforcement agency" means the
			 local health department responsible for enforcing the public health code or the
			 local housing agency responsible for enforcing housing code regulations or any
			 other agency designated by the appropriate authority to enforce either the
			 public health code or housing code regulations.
(21) "Code enforcement official" means the
			 director of health or a person authorized by him to act on his behalf, the
			 local housing code official or a person authorized by him to act on his behalf,
			 or an agent of the commissioner.
(22) "Commissioner" means the commissioner of
			 public health.
(23) "Common area"
			 means a room or area that is accessible to all tenants in a building (e.g.
			 hallway, boiler room).
(24)
			 "Containment" means a process for protecting workers, residents, and the
			 environment by controlling exposures to lead dust and debris created during
			 abatement.
(25) "Confirmatory
			 testing" means analysis using atomic absorption spectrophotometry (AAS),
			 graphite furnace atomic absorption spectrophotometry (GFAAS), inductively
			 coupled plasma atomic emission spectrophotometry (ICP-AES), or x-ray
			 fluorescence spectrum analysis spectrometry with a 240 second spectrum analyzer
			 test.
(26) "Corrected lead
			 concentration" (CLC) means the difference between the average displayed lead
			 concentration readings (using a direct reading type x-ray fluorescence
			 analyzer) taken on a painted surface and the average of three readings taken on
			 a bare substrate (substrate contribution).
(27) "Department" means the department of
			 public health.
(28) "Defective
			 surface" means peeling, flaking, chalking, scaling or chipping paint; paint
			 over crumbling, cracking or falling plaster, or plaster with holes in it; paint
			 over a defective or deteriorating substrate; or paint that is damaged in any
			 manner such that a child can get paint from the damaged area.
(29) "Director" means the director of the
			 state program for childhood lead poisoning prevention.
(30) "Dwelling" means every building or
			 shelter used or intended for human habitation, including exterior surfaces and
			 all common areas thereof, and the exterior of any other structure located
			 within the same lot, even if not used for human habitation.
(31) "Dwelling unit" means a room or group of
			 rooms within a dwelling arranged for use as a single household by one or more
			 individuals living together who share living and sleeping facilities.
(32) "Elevated blood lead level" means a
			 blood lead concentration equal to or greater than twenty (20) micrograms per
			 deciliter (ug/dl) or as defined by Connecticut General Statutes section
			 19a-111.
(33) "Encapsulation" means resurfacing or
			 covering surfaces, and sealing or caulking with durable materials, so as to
			 prevent or control chalking, flaking substances containing toxic levels of lead
			 from becoming part of house dust or accessible to children.
(34) "Entity" means any person, partnership,
			 firm, association, corporation, sole proprietorship or any other business
			 concern, state or local government agency or political subdivision or authority
			 thereof, or any religious, social or union organization, whether operated for
			 profit or otherwise.
(35)
			 "Epidemiological investigation" means an examination and evaluation to
			 determine the cause of elevated blood lead levels. An epidemiological
			 investigation will include an inspection conducted by a lead inspector to
			 detect lead-based paint and report of findings. This investigation must also
			 include evaluation of other sources such as soil, dust, pottery, gasoline,
			 toys, or occupational exposures, to determine the cause of elevated blood lead
			 levels. The investigation may also include isotopic analysis of lead-containing
			 items.
(36) "Family day care home"
			 means a program of supplementary care in accordance with section
			 19a-77(a)(3)
			 of Connecticut General Statutes.
(37) "Graphite furnace atomic absorption
			 spectrophotometer" (GFAAS) means an instrument that functions the same as an
			 AAS, with one exception, i.e., the flame is replaced by an electrically heated
			 chamber, a graphite tube, into which the sample is deposited.
(38) "Group day care home" means a program of
			 supplementary care in accordance with section
			 19a-77(a)(2)
			 of Connecticut General Statutes.
(39) "High efficiency particulate air" (HEPA)
			 means a type of filtering system capable of filtering out particles of 0.3
			 microns or greater diameter from a body of air at 99.97% efficiency or
			 greater.
(40) "High phosphate
			 detergent" is detergent which contains at least five (5%) percent tri-sodium
			 phosphate (TSP).
(41) "Inductively
			 coupled plasma-atomic emission spectrophotometer" (ICP-AES) is an instrument
			 which measures lead in ppm using a heat source (plasma torch) to dissociate and
			 ionize lead atoms thereby emitting energy. This emission energy is measured and
			 converted to concentration by the detector.
(42) "Intact surface" means a defect-free
			 surface with no loose, peeling, chipping or flaking paint. Painted surfaces
			 must be free from crumbling, cracking or falling plaster and must not have
			 holes in them. Intact surfaces must not be damaged in any way such that a child
			 can get paint from the damaged area.
(43) "Isotopic analysis" means a
			 physicochemical method which differentiates between chemical elements having
			 different atomic weight and electrical charge.
(44) "Lead-based" refers to paints, glazes,
			 and other surface coverings, containing a toxic level of lead.
(45) "Lead abatement plan" means a written
			 plan that identifies the location of intact and defective lead-based paint and
			 describes how defective lead-based surfaces will be abated and how the
			 environment, health, and safety will be protected. The plan also identifies the
			 location of soil containing lead and describes sampling protocol used and
			 abatement options.
(46) "Lead
			 consultant" means any person who performs lead detection, risk assessment,
			 abatement design or related services in disciplines including, but not
			 necessarily limited to, inspector, inspector risk assessor and planner-project
			 designer.
(47) "Lead management
			 plan" means a written plan that describes how an intact surface with lead-based
			 paint will be monitored to ensure that defective paint surfaces will be
			 identified and abated.
(48)
			 "Licensed lead abatement contractor" means any entity that contracts to perform
			 lead hazard reduction by means of abatement including, but not limited to, the
			 encapsulation, replacement, removal, enclosure or covering of paint, plaster,
			 soil or other material containing toxic levels of lead and obtains a license
			 from the department to conduct such abatement work. The contractor utilizes
			 certified lead abatement supervisors to oversee such lead abatement activities
			 and certified lead abatement workers to perform such abatement activities. The
			 terms "lead abatement contractor" and "abatement contractor" mean "licensed
			 lead abatement contractor" unless specifically noted otherwise.
(49) "Licensed lead consultant contractor"
			 means any entity that contracts to perform lead hazard reduction consultation
			 work utilizing an inspector, inspector risk assessor and/or planner-project
			 designer and obtains a license from the department to conduct such consultation
			 work. The terms "lead consultant contractor" and "consultant contractor" mean
			 "licensed lead consultant contractor" unless specifically noted
			 otherwise.
(50) "Owner" means any
			 person, partnership, firm, association, corporation, sole proprietorship or any
			 other business concern, state or local government agency or political
			 subdivision or authority thereof, or any religious, social or union
			 organization, whether operated for profit or otherwise, who, alone or jointly
			 with others owns, holds, or controls the whole or any part of the deed or title
			 to any property. No holder of an easement, mortgagee, bank or lender holding
			 the mortgage, shall be considered an owner except when the holder of an
			 easement, mortgagee, banker, or lender takes physical possession of the
			 property.
(51) "Paint removal"
			 means a strategy of abatement which entails stripping lead paint from
			 surfaces.
(52) "Replacement" means
			 a strategy of abatement which entails the removal of components such as
			 windows, doors and trim that contain toxic levels of lead and installing new
			 components which are lead free.
(53) "Secretary of Interior's Standards for
			 Rehabilitation and Guidelines for Rehabilitating Historic Buildings" means the
			 guidelines and methods approved by the state and federal governments for
			 alterations to historic properties (36 CFR section 67).
(54) "State laboratory for lead and lead
			 poisoning detection" means the laboratory established by the commissioner, for
			 the purpose of analyzing blood specimens from persons for the presence of lead;
			 and analyzing samples of paint, plaster, soil and other materials, within the
			 laboratory or on site with mobile units, for toxic levels of lead.
(55) "State program" means the childhood lead
			 poisoning prevention program established by the department.
(56) "Substrate" means the underlying surface
			 which remains after paint is removed.
(57) "Substrate equivalent lead" (SEL) means
			 the average of at least three displayed lead concentration readings with a
			 direct reading type x-ray fluorescence analyzer after paint is removed from the
			 substrate.
(58) "Target housing"
			 means any housing constructed prior to 1978, except any zero-bedroom dwelling
			 unit or any housing for the elderly or persons with disabilities unless a child
			 resides or is expected to reside in such dwelling unit or housing.
(59) "Toxic level of lead" means a level of
			 lead that:
(A) when present in paint offered
			 for sale for use on or in a residential dwelling contains greater than 0.06
			 percent lead by weight as measured by atomic absorption spectrophotometry
			 (AAS), graphite furnace atomic absorption spectrophotometry (GFAAS),
			 inductively coupled plasma-atomic emission spectrophotometry (ICP-AES) or
			 another accurate and precise testing method that has been approved by the
			 commissioner, by a laboratory approved by the department for lead
			 analysis.
(B) when present in a
			 dried paint, plaster or other accessible surface on or in a residential
			 dwelling contains equal to or greater than 0.50 percent lead by dry weight as
			 measured by atomic absorption spectrophotometry (AAS), graphite furnace atomic
			 absorption spectrophotometry (GFAAS), inductively coupled plasma-atomic
			 emission spectrophotometry (ICP-AES) or another accurate and precise testing
			 method that has been approved by the commissioner, by a laboratory approved by
			 the department for lead analysis, or equal to or greater than 1.0 milligrams
			 lead per square centimeter of surface as measured on site by an X-ray
			 fluorescence analyzer or another accurate and precise testing method that has
			 been approved by the commissioner.