Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 69 - Renovation, Remodeling, and Repainting- Lead Hazard Notification Process › Rule 641-69.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Arithmetic mean"
means the algebraic sum of
				data values divided by the number of data values. For example, the sum of the
				concentration of lead in several soil samples divided by the number of samples
				is the arithmetic mean.
"Certificate of mailing"
means certified mail
				with return receipt or its equivalent.
"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, that is described by all of
				the following: (1) The building is visited on a regular basis by the same
				child, who is less than six years of age, on at least two different days within
				any week. For purposes of this chapter, a week is a Sunday through Saturday
				period. (2) Each day's visit by the child lasts at least 3 hours, and the
				combined annual visits total at least 60 hours. A child-occupied facility may
				include, but is not limited to, a child care center, preschool, or kindergarten
				classroom. A child-occupied facility also includes common areas that are
				routinely used by children who are less than six years of age, such as
				restrooms and cafeterias, and the exterior walls and adjoining space of the
				building that are immediately adjacent to the child-occupied facility or the
				common areas routinely used by children under the age of six years.
				"Child-occupied facility" also includes any building where lead-based paint
				activities are conducted immediately prior to or during the conversion of the
				building to a child-occupied facility.
"Common area"
means a portion of the building
				that is generally accessible to all occupants. This includes, but is not
				limited to, hallways, stairways, laundry and recreational rooms, playgrounds,
				community centers, garages, and boundary fences.
"Compensation"
means payment or reimbursement
				for services performed. Compensation is not limited to monetary considerations
				and includes payment of rent for rental units, receipt of a salary from the
				owner or manager of target housing, and receipt of a salary from the owner or
				operator of a child-occupied facility.
"Components"
means specific design or
				structural elements or fixtures of a building, residential dwelling, or
				child-occupied facility that are distinguished from each other by form,
				function, and location. These include, but are not limited to, interior
				components such as ceilings, crown moldings, walls, chair rails, doors, door
				trim, floors, fireplaces, radiators and other heating units, shelves, shelf
				supports, stair treads, stair risers, stair stringers, newel posts, railing
				caps, balustrades, windows and trim (including sashes, window heads, jambs,
				sills or stools and troughs), built-in cabinets, columns, beams, bathroom
				vanities, countertops, and air conditioners; and exterior components such as
				painted roofing, chimneys, flashing, gutters and downspouts, ceilings, soffits,
				fascias, rake boards, cornerboards, bulkheads, doors and door trim, fences,
				floors, joists, latticework, railings and railing caps, siding, handrails,
				stair risers and treads, stair stringers, columns, balustrades, windowsills or
				stools and troughs, casing, sashes and wells, and air conditioners.
"Department"
means the department of public
				health.
"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 equal to or exceeding 10 micrograms per
				square foot on floors, 100 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 equal to or greater
				than 10 micrograms per square foot on floors, 100 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 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.
"Dwelling unit"
means a single, unified
				combination of rooms designed for use as a dwelling by one family.
"Emergency renovation, remodeling, or
				repainting"
means renovation, remodeling, or repainting activities
				necessitated by nonroutine failures of equipment or a structure that were not
				planned but resulted from a sudden, unexpected event that, if not immediately
				attended to, presents a safety or public health hazard or threatens equipment
				or property with significant damage.
"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 any residential building or child-occupied facility.
"Housing for the elderly"
means retirement
				communities or similar types of housing reserved for households composed of one
				or more persons 62 years of age or older or an age recognized as elderly by a
				specific federal housing assistance program.
"Impact surface"
means an interior or exterior
				surface that is subject to damage by repeated sudden force such as certain
				parts of door frames.
"Lead-based paint"
means paint or other
				surface coatings that contain lead equal to or in excess of 1.0 milligram per
				square centimeter or more than 0.5 percent by weight.
"Lead-based paint hazard"
means hazardous
				lead-based paint, a dust-lead hazard, or a soil-lead hazard.
"Living area"
means any area of a residential
				dwelling used by at least one child six years of age or less including, but not
				limited to, living rooms, kitchen areas, dens, playrooms, and children's
				bedrooms.
"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.
"Multifamily dwelling"
means a structure that
				contains more than one separate residential dwelling unit, which is used or
				occupied, or is intended to be used or occupied, in whole or in part, as the
				home or residence of one or more persons.
"Person"
means individual, corporation,
				limited liability company, government or governmental subdivision or agency,
				business trust, estate, trust, partnership, or association, or any other legal
				entity.
"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.
"Regulated entity"
means any individual or
				company that is regulated by the department by virtue of these rules, the Iowa
				Code, or other official regulatory promulgation.
"Renovation, remodeling, repainting"
means
				modifying any existing structure or portion of a structure where painted
				surfaces are disturbed, unless the activity fits the criteria of lead abatement
				as defined in 641-70.2 (135) and is performed
				by a certified lead abatement contractor as defined in
				641-70.2 (135). This includes,
				but is not limited to, removing walls, ceilings, and other painted building
				components; window replacement; floor refinishing; and sanding, scraping,
				stripping, water blasting, or otherwise removing paint.
"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.
"Soil-lead hazard"
means bare soil on
				residential real property or on the property ofa child-occupied facility that
				contains total lead in excess of 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 equal to or greater than 400 parts per million.
"Target housing"
means housing constructed
				prior to 1978 with the exception of housing for the elderly or for persons with
				disabilities, unless at least one child under the age of six years resides or
				is expected to reside in the housing, and housing which does not contain a
				bedroom.