Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 68 - Control of Lead-based Paint Hazards › Rule 641-68.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Certified elevated blood lead (EBL) inspector/risk
				assessor"
means a person who has met the requirements of Iowa
				Administrative Code
				641-70.5
				(135) for certification or interim certification and who has been certified by
				the department.
"Chewable surface "
means an interior or
				exterior surface painted with lead-based paint that a young child can mouth or
				chew.
"Child-occupied facility"
means a building, or
				portion of a building, constructed prior to 1978, visited by the same child
				under the age of six years on at least two different days within any week
				(Sunday through Saturday period, provided that each day's visit lasts at least
				three hours and the combined weekly visits last at least six hours).
				Child-occupied facilities may include, but are not limited to, day care
				centers, preschools and kindergarten classrooms.
"Clearance testing"
means an activity
				conducted following interim controls, lead abatement, paint stabilization,
				standard treatments, ongoing lead-based paint maintenance, or rehabilitation to
				determine that the hazard reduction activities are complete. Clearance testing
				includes a visual assessment, the collection and analysis of environmental
				samples, the interpretation of sampling results, and the preparation of a
				report.
"Department"
means the Iowa department of
				public health.
"Deterioratedpaint"
means any interior or
				exterior paint or other coating that is cracking, flaking, chipping, peeling,
				or chalking, or any paint or coating located on an interior or exterior surface
				that is otherwise damaged or separated from the substrate of a building
				component.
"Dripline "
means the area within three feet
				surrounding the perimeter of a building.
"Dust-lead hazard"
means surface dust in
				residential dwellings or child-occupied facilities that contains a
				mass-per-area concentration of lead greater than or equal to 40 micrograms per
				square foot on floors, 250 micrograms per square foot on interior windowsills,
				and 400 micrograms per square foot on window troughs based on wipe samples. A
				dust-lead hazard is present in a residential dwelling or child-occupied
				facility when the weighted arithmetic mean lead loading for all single-surface
				or composite samples of floors and interior windowsills is greater than or
				equal to 40 micrograms per square foot on floors, 250 micrograms per square
				foot on interior windowsills, and 400 micrograms per square foot on widow
				troughs based on wipe samples. A dust-lead hazard is present on floors,
				interior windowsills, or window troughs in an unsampled residential dwelling in
				a multifamily dwelling if a dust-lead hazard is present on floors, interior
				windowsills, or window troughs, respectively, in at least one sampled
				residential unit on the property. A dust-lead hazard is present on floors,
				interior windowsills, or window troughs in an unsampled common area in a
				multifamily dwelling if a dust-lead hazard is present on floors, interior
				windowsills, or window troughs, respectively, in at least one sampled common
				area in the same common area group on the property. If dust samples are not
				taken, it may be assumed that surfaces in rooms with hazardous lead-based paint
				or where renovation, remodeling, or repainting has occurred recently are
				dust-lead hazards.
"Elevated blood lead (EBL) child"
means any
				child who has had one venous blood lead level greater than or equal to 20
				micrograms per deciliter or at least two venous blood lead levels of 15 to 19
				micrograms per deciliter.
"Elevated blood lead (EBL) inspection "
means
				an inspection to determine the sources of lead exposure for an elevated blood
				lead (EBL) child and the provision within ten working days of a written report
				explaining the results of the investigation to the property owner and occupant
				of the residential dwelling or child-occupied facility being inspected and to
				the parents of the elevated blood lead (EBL) child. A certified elevated blood
				lead (EBL) inspector/risk assessor shall not determine that a residential
				dwelling is free of lead-based paint as a result of an elevated blood lead
				(EBL) inspection.
"Friction surface"
means an interior or
				exterior surface that is subject to abrasion or friction including, but not
				limited to, certain window, floor, and stair surfaces.
"Hazardous lead-based paint"
means lead-based
				paint that is present on a friction surface where there is evidence of abrasion
				or where the dust-lead level on the nearest horizontal surface underneath the
				friction surface (e.g., the windowsill or floor) is equal to or greater than
				the dust-lead hazard level, lead-based paint that is present on an impact
				surface that is damaged or otherwise deteriorated from
impact, lead-based paint that is present on a chewable surface,
				or any other deteriorated lead-based paint in any residential building or
				child-occupied facility or on the exterior of a residential building or
				child-occupied facility.
"Impact surface "
means an interior or
				exterior surface that is subject to damage by repeated sudden force such as
				certain parts of doorframes.
"Lead-basedpaint"
means any paint or other
				surface coatings that contain lead equal to or in excess of 1.0 milligram of
				lead per square centimeter or more than 0.5 percent by weight. Lead-based paint
				is present on any surface that is tested and found to contain lead equal to or
				in excess of 1.0 milligram per square centimeter or more than 0.5 percent by
				weight and on any surface like a surface tested in the same room equivalent
				that has a similar painting history and that is found to be lead-based
				paint.
"Lead-basedpaint hazard"
means hazardous
				lead-based paint, a dust-lead hazard, or a soil-lead hazard.
"Local board"
means the local board of health
				as authorized by Iowa Code chapter 137.
"Mid-yard"
means an area of a residential yard
				approximately midway between the dripline of a residential building and the
				nearest property boundary or between the driplines of a residential building
				and another building on the same property.
"Occupant"
means any person living, sleeping,
				cooking or eating in, or having any actual possession of, a dwelling or
				dwelling unit.
"Owner "
means any person who, alone or
				jointly with others:
(1) has legal
			 title to any dwelling, with or without accompanying actual possession thereof,
			 or
(2) has charge, care or control
			 of any dwelling by acting as the agent of the owner or as the executor,
			 administrator, trustee, or guardian of the estate of the owner.
"Paint-lead hazard"
means the presence of
				hazardous lead-based paint in a residential dwelling or a child-occupied
				facility.
"Play area"
means an area of frequent soil
				contact by children of less than six years of age as indicated by, but not
				limited to, factors including the following: the presence of play equipment
				(sandboxes, swing sets, and sliding boards), toys, or other children's
				possessions; observations of play patterns; or information provided by parents,
				residents, caregivers, or property owners.
"Residential building"
means a building
				containing one or more residential dwellings.
"Residential dwelling"
means (1) a detached
				single-family dwelling unit, including the surrounding yard, attached
				structures such as porches and stoops, and detached buildings and structures
				including, but not limited to, garages, farm buildings, and fences; or (2) a
				single-family dwelling unit in a structure that contains more than one separate
				residential dwelling unit, which is used or occupied, or intended to be used or
				occupied, in whole or part, as the home or residence of one or more
				persons.
"Retaliation "
means harassment, termination
				of the tenancy, discontinuation of utilities or other services, and any other
				action taken against the lessee.
"Soil-leadhazard"
means bare soil on
				residential real property or on the property of a child-occupied facility that
				contains total lead greater than or equal to 400 parts per million for the
				dripline, mid-yard, and play areas. A soil-lead hazard is present in a
				dripline, mid-yard, or play area when the soil-lead concentration from a
				composite sample of bare soil is greater than or equal to 400 parts per
				million. If soil samples are not taken, it may be assumed that bare soil within
				three feet of the foundation of a garage or other structure built prior to 1978
				is a soil-lead hazard.