Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 460.000 - Lead Poisoning Prevention And Control › DEFINITIONS › Section 460.020 - Meaning of Terms

Current through Register 1525, July 5, 2024
Terms shall have the meanings set forth in 105 CMR 460.020
				  when used in
				  105 CMR 460.000, unless the
				  context or subject matter clearly requires a different interpretation.
Abatement
means the removal of
				  paint, plaster or other accessible structural material containing dangerous
				  levels of lead or the replacement of the architectural fixture or element
				  containing paint or other accessible structural material containing dangerous
				  levels of lead.
Accessible, Mouthable Surfaces
mean
				  windowsills five feet or less from the floor, stair tread, or ground;
				  handrails; and railing caps.
Approved Coverings
mean rigid or
				  flexible materials approved by the Director to cover surfaces to contain lead
				  hazards. Approved Coverings include, but are not limited to, wood, sheet metal,
				  vinyl, Plexiglass, rubber mats, durable carpet, vinyl-backed wallpaper,
				  laminate, linoleum, gypsum board, Sheetrock, blueboard, acrylic sheets,
				  paneling, and tile.
A.S.T.M.
means
American
				  Society for Testing and Materials
.
A.S.T.M. Standard Method C 738
means the
Standard Method of Test for Lead and Cadmium Extracted from
				  Glazed Ceramic Surfaces
.
A.S.T.M. Standard Method E 1796-03
means the
Standard Guide for Selection and Use of Liquid Coating
				  Encapsulation Products for Leaded Paint in Buildings
as published by
				  A.S.T.M.
A.S.T.M. Standard Method E 1797
means the
Standard Specification for Reinforced Liquid Coating
				  Encapsulation Products for Leaded Paint in Buildings
as published by
				  A.S.T.M.
A.S.T.M. Standard Method E 1975-04
means the
Standard Specification for Non-reinforced Liquid Coating
				  Encapsulation Products for Leaded Paint in Buildings
as published by
				  A.S.T.M.
Authorized Person
means a person who
				  may legally perform an abatement or containment activity for which he or she
				  has received the required training or course of instruction and, as necessary,
				  a license, all in accordance with the requirements of
				  105 CMR 460.000,
				  454 CMR 22.00:
Deleading and Lead-safe Renovation Regulations
and the
				  training materials approved by the Director.
Blood Lead Level of Concern
means a
				  concentration of lead in whole venous blood from 5 to less than 10 micrograms
				  per deciliter in a child younger than six years old.
Blood Lead
				  Level of Concern
shall be used for surveillance and outreach for
				  children at risk of lead poisoning.
Code Enforcement Agency
means the
				  State Lead Poisoning Prevention Program or its agent, or the local board of
				  health or other agency responsible for enforcing the State Sanitary Code or
				  sections thereof, adopted pursuant to M.G.L. c. 111, § 127A, and
				  responsible, pursuant to M.G.L. c. 111, § 198, for enforcing M.G.L. c.
				  111, §§ 194, 194A, 196 and 197.
Commissioner
means the Commissioner
				  of Public Health appointed pursuant to M.G.L. c. 17, § 2.
Common Area
means a hallway,
				  stairway, passageway, or other interior or exterior space shared by occupants
				  of a multi-unit residential premises. Common areas do not include rooms or
				  spaces to which a child has no possible access, as determined in accordance
				  with policies and inspector training materials approved by the Director.
Containment
means the encapsulation,
				  covering or enclosing by means authorized by the Director, of paint, plaster or
				  other accessible structural material containing dangerous levels of
				  lead.
Dangerous Levels of Lead
means the
				  level of lead in paint, other coating, plaster or putty which materially
				  endangers the health of children or adults by producing a substantial and
				  serious danger of lead poisoning.
(1)
				When present in paint or coatings offered for sale, a dangerous level of lead
				shall be deemed to be 90 parts per million or greater as measured by atomic
				absorption spectrophotometry.
(2)
				When present in a dried film including, but not limited to, paint, glaze,
				stain, varnish or other substance on any toy, furniture or other articles, or
				when present in paint, other coating, plaster or putty on residential surfaces,
				a dangerous level of lead shall be deemed to be the following:
(a) a positive reaction with a 6% to 8%
				sodium sulfide solution, indicative of 0.5% or more lead by dry weight;
				or
(b) equal to or more than 1.0
				milligram of lead per square centimeter (mg/cm2) of
				surface as measured on site by a mobile X-ray fluorescence analyzer;
				or
(c) equal to or more than 5,000
				parts per million (ppm) or equal to or more than 0.5% by dry weight, as
				measured by atomic absorption spectrophotometry.