Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 28 - Lead-Based Paint Activities-Recognition, Accreditation, Licensure, and Standards for Conducting Lead-Based Paint Activities › Section III-2803 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The terms used
				in this Chapter are defined in LAC 33:III.111 of these regulations with the
				exception of those terms specifically defined in this Section as follows.
Abatement
- any measure or set of measures
				  designed to permanently eliminate lead-based paint hazards. Abatement includes,
				  but is not limited to:
a. the removal of paint and dust, the permanent enclosure or
				  encapsulation of lead-based paint, the replacement of painted surfaces or
				  fixtures, or the removal or permanent covering of soil when lead-based paint
				  hazards are present in such paint, dust, or soil ; and
b. all preparation, cleanup, disposal, and post-abatement
				  clearance testing activities associated with such measures.
Accreditation Certificate
- a document
				  issued by the department affirming that the person has successfully completed
				  the training and other requirements for lead-based paint activities.
Accredited Lead Inspector
- an individual
				  who has been trained by a recognized training provider and certified by the
				  department to conduct inspections. An accredited inspector also samples for the
				  presence of lead in dust and soil for the purposes of abatement clearance
				  testing.
Accredited Lead Project Designer
- an
				  individual who has been trained by a recognized training provider and certified
				  by the department to prepare abatement project designs, occupant and worker
				  protection plans, and abatement reports. For the purposes of this Chapter,
lead project designer
is equivalent to
lead hazard
				  reduction planner
in
				  R.S.
				  30:2351.1.
Accredited Lead Project Supervisor
- an
				  individual who has been trained by a recognized training provider and certified
				  by the department to supervise and conduct abatements and to prepare occupant
				  and worker protection plans and abatement reports.
Accredited Lead Risk Assessor
- an
				  individual who has been trained by a recognized training provider and certified
				  by the department to conduct risk assessments. A risk assessor also samples for
				  the presence of lead in dust and soil for the purposes of abatement clearance
				  testing.
Accredited Lead Worker
- an individual who
				  has been trained by a recognized training provider and certified by the
				  department to perform abatements.
Adequate Quality Control
- a plan or design
				  to ensure the authenticity, integrity, and accuracy of lead-based paint
				  samples, including dust, soil, and paint chip or paint film samples. Adequate
				  quality control also includes provisions for representative sampling.
Arithmetic Mean
-the algebraic sum of data
				  values divided by the number of data values (e.g., the sum of the concentration
				  of lead in several soil samples divided by the number of samples).
Bare Soil
- any exposed earth not covered
				  with grass, sod, or other vegetation.
Chewable Surface
-an interior or exterior
				  surface painted with lead-based paint that a young child can mouth or chew.
				  Hard metal substrates and other materials that cannot be dented by the bite of
				  a young child are not considered chewable.
Child-Occupied Facility (COF)
-a building or
				  portion of a building or common area, other than the child's principal
				  residence, constructed prior to 1978, that meets at least one of the following
				  criteria.
a. A building qualifies as a COF when visited regularly by
				  the same child, 6 years of age or younger, on at least two different days
				  within any week, provided that each day's visit lasts at least three hours,
				  with the combined weekly visit lasting at least six hours, and that the
				  combined annual visits last at least 60 hours. Examples of child-occupied
				  facilities/common areas include, but are not limited to, public and nonpublic
				  schools, day care centers, parks, playgrounds, and community centers.
b. A building qualifies as a COF when it has been determined
				  by the department, in conjunction with the state health officer, to be a
				  significant risk because of its contribution to lead poisoning or lead exposure
				  to children who are 6 years of age or younger.
c. A building qualifies as a COF when used as a
				  child-occupied unit and common area in a multi-use building.
Clearance Levels
-values that indicate the
				  maximum amount of lead permitted in soil or dust on a surface following
				  completion of an abatement activity. Clearance levels that are appropriate for
				  the purposes of this Chapter are listed in LAC 33:III.2811.A.4. To achieve
				  clearance when dust sampling is required, values below these levels must be
				  achieved.
Common Area
- a portion of a building
				  generally accessible to all occupants/users including, but not limited to,
				  hallways, stairways, laundry and recreational rooms, playgrounds, community
				  centers, garages, and boundary fences.
Component or Building Component
- 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 molding, 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, counter tops, and air conditioners; and exterior components such as:
				  painted roofing, chimneys, flashing, gutters and downspouts, ceilings, soffits,
				  fascias, rake boards, corner boards, bulkheads, doors and door trim, fences,
				  floors, joists, lattice work, railings and railing caps, siding, handrails,
				  stair risers and treads, stair stringers, columns, balustrades, window sills or
				  stools and troughs, casings, sashes and wells, and air conditioners.
Composite Sample
-a collection of more than
				  one sample of the same medium (such as dust, soil, or paint) from the same type
				  surface (such as floor, interior window sill, or window trough), such that
				  multiple samples can be analyzed as a single sample.
Concentration
-the relative content of a
				  specific substance contained within a larger mass, such as the amount of lead
				  (in micrograms per gram or parts per million by weight) in a sample of dust or
				  soil.
Containment
- a barrier system to protect
				  workers and the environment by controlling exposures to the lead-contaminated
				  dust and debris created during an abatement.
Course Agenda
- an outline of the key topics
				  to be covered during a training course, including the time allotted to teaching
				  each topic.
Course Test
- an evaluation of the overall
				  effectiveness of the training that shall test the trainees' knowledge and
				  retention of the topics covered during the course.
Course Test Blue Print
- written
				  documentation identifying the proportion of course test questions devoted to
				  each major topic in the course curriculum.
Deteriorated Paint
-any interior or exterior
				  paint or other coating that is chalking, cracking, flaking, chipping, peeling,
				  or otherwise separating from the substrate of a building component.
Discipline
- one of the specific types or
				  categories of lead-based paint activities identified in this Chapter for which
				  individuals may receive training from recognized providers and become
				  accredited by the department. For example,
lead worker
is a
				  discipline.
Distinct Painting History
- the application
				  history, as indicated by its visual appearance or a record of application, over
				  time, of paint or other surface coatings to a component or room.
Documented Methodologies
- methods or
				  protocols used to sample for the presence of lead in paint, dust, and soil.
				  Documented methodologies that are appropriate to use for target housing and
				  child-occupied facilities may be found in the
American Society of
				  Testing and Materials
procedures, ASTM E1727, E1728, and E1792; the
				  U.S. Department of Housing and Urban Development (HUD)
Guidelines for
				  the Evaluation and Control of Lead-Based Paint Hazards in Housing
(HUD-006700); the EPA
Guidance on Identification of Lead-Based Paint
				  Hazards; Notice (FR 47248
, Volume 60, Number 175
)
;
				  the EPA
Residential Sampling for Lead: Protocols for Dust and Soil
				  Sampling
(EPA report number 747-R-95-001); and other EPA or HUD
				  guidance.
Dripline
-the area within 3 feet
				  surrounding the perimeter of a building.
Dry Sanding
or
Dry
				  Scraping
-sanding or scraping without moisture and includes both hand
				  and machine sanding. These practices are prohibited when removing lead-based
				  paint (see LAC 33:III.2811.E.6).
Dust-Lead Hazard
-surface dust in a
				  residential building or child-occupied facility, or their exteriors, that
				  contains a mass-per-area concentration of lead equal to or exceeding 10
				  micrograms per square foot on floors or 100 micrograms per square foot on
				  window sills based on wipe samples.
Elevated Blood Lead Level (EBL)
- an
				  excessive absorption of lead that is a confirmed concentration of lead in whole
				  blood of 20
[MICRO]
g/dl (micrograms of lead per deciliter of
				  whole blood) for a single venous test or of 15-19
[MICRO]
g/dl in two consecutive tests taken three to four months apart.
Encapsulant
- a substance that forms a
				  barrier between lead-based paint and the environment using a liquid-applied
				  coating (with or without reinforcement materials) or an adhesively bonded
				  covering material. For the purposes of this Chapter, only coatings or materials
				  determined to be encapsulants by ASTM procedures are acceptable.
Enclosure
- the use of rigid, durable
				  construction materials that are mechanically fastened to the substrate in order
				  to act as a barrier between lead-based paint and the environment.
Friction Surface
-an interior or exterior
				  surface that is subject to abrasion or friction including, but not limited to,
				  certain window, floor, and stair surfaces.
Guest Instructor
- an individual with
				  expertise in a specific field who is designated by the training provider
				  manager or principal instructor to provide instruction specific to certain
				  course topics.
Hands-On Skills Assessment
- an evaluation
				  that tests the trainees' ability to perform specified work practices and
				  procedures satisfactorily.
Impact Surface
-an interior or exterior
				  surface that is subject to damage by repeated sudden force, such as certain
				  parts of door frames.
Inspection
- 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.
Interim Controls
-a set of measures designed
				  to temporarily prevent or reduce human exposure or likely exposure to
				  lead-based paint hazards found in dust, paint, or soil, including specialized
				  cleaning, repairs, maintenance, painting, temporary containment, temporary
				  barriers for contaminated soils, the ongoing monitoring of lead-based paint
				  hazards or potential hazards, and the establishment and operation of lead
				  hazard management plans for buildings and grounds subject to the provisions of
				  this Chapter and occupant education programs.
Lead Contractor
- any person, including
				  self-employed individuals, who bid and/or perform lead-based paint
				  abatements.
Lead Hazard Notification (LHN
)-the
				  notification document required by the department to report lead hazards in
				  accordance with LAC 33:III.2813.B.
Lead Hazard Screen
- a limited risk
				  assessment activity conducted by an accredited risk assessor in target housing
				  and child-occupied facilities that involves limited paint and dust sampling to
				  determine the absence of a lead-based paint hazard as described in LAC
				  33:III.2811.D.
Lead Project Notification (LPN)
- the
				  notification document required by the department to report lead abatement
				  projects. For the purposes of this Chapter, a completed notification, approved
				  by the department and returned to the lead contractor, serves as a permit to
				  proceed with the abatement project.
Lead-Based Paint
- paint or other surface
				  coatings that contain lead equal to or in excess of 1.0 milligrams per square
				  centimeter or more than 0.5 percent by weight.
Lead-Based Paint Activities
- in the case of
				  target housing and child-occupied facilities, inspection, lead hazard screen,
				  risk assessment, and abatement as defined by this Chapter. For the purposes of
				  this Chapter,
lead-based paint activities
is equivalent to
lead hazard reduction activities
as defined in R.S. 30.
				  2351.1.
Lead-Based Paint Hazard
- paint-lead
				  hazards, dust-lead hazards, or soil-lead hazards as defined in this Section.
				  For the purposes of this Chapter,
lead-based
paint
				  hazard
is equivalent to lead hazard as defined in
				  R.S.
				  30:2351.1.
Lead-Contaminated Dust
- surface dust in
				  residential dwellings or child-occupied facilities that contains an area or
				  mass concentration of lead at or in excess of clearance levels established by
				  this Chapter.
Lead-Contaminated Soil
- bare soil on
				  residential real property and on the property of a child-occupied facility that
				  contains lead at or in excess of clearance levels as established by this
				  Chapter.
Lead-Contaminated Waste
- any discarded
				  material resulting from an abatement activity that fails the toxicity
				  characteristic (LAC 33:V.4903.E) due to the presence of lead or any material
				  that is a mixture of discarded material resulting from an abatement activity
				  and some other material.
Living Area
- any area of a residential
				  dwelling used by one or more children age 6 years and under including, but not
				  limited to, living rooms, kitchen areas, dens, play rooms, and children's
				  bedrooms.
Loading
-the quantity of a specific
				  substance present per unit of surface area, such as the amount of lead in
				  micrograms contained in the dust collected from a certain surface area divided
				  by the surface area in square feet or square meters.
Mid-Yard
-an area of residential yard
				  approximately midway between the dripline of a residential building and the
				  nearest property boundary or between driplines of a residential building and
				  another building on the same property
.
Multi-Family Dwelling
- a building that has
				  more than one residential dwelling unit.
Owner/Operator
- any person who owns,
				  leases, operates, controls, or supervises the building where an abatement
				  occurs, or any person who owns, leases, operates, controls, or supervises an
				  abatement.
Paint in Poor Condition
- more than 10
				  square feet of deteriorated paint on exterior components with large surface
				  areas; or more than 2 square feet of deteriorated paint on interior components
				  with large surface areas (e.g., walls, ceilings, floors, doors); or more than
				  10 percent of the total surface area of the component is deteriorated on
				  interior or exterior components with small surface areas (window sills,
				  baseboards, soffits, trim).
Paint-Lead Hazard
-
a. any lead-based paint on a friction surface that is subject
				  to abrasion and where the lead dust levels on the nearest horizontal surface
				  underneath the friction surface (e.g., the window sill or floor) are equal to
				  or greater than the dust-lead hazard levels identified in this Chapter;
b. any damaged or otherwise deteriorated lead-based paint on
				  an impact surface that is caused by impact from a related building component
				  (such as a door knob that knocks into a wall or a door that knocks against its
				  door frame);
c. any chewable lead-based painted surface on which there is
				  evidence of teeth marks; and
d. 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.
Permanently Covered Soil
- soil that has
				  been separated from human contact by the placement of a barrier consisting of
				  solid, relatively impermeable materials, such as asphalt, pavement, or
				  concrete. Grass, mulch, and other landscaping materials that are permeable are
				  not considered permanent covering.
Person
- any individual, partnership,
				  copartnership, firm, company, corporation, association, joint stock company,
				  trust, estate, political subdivision, governmental body, including the state
				  and the federal government and its agencies, or any other legal entity or their
				  legal representatives, agents, or assignees.
Personal Protection Equipment (PPE)
-
				  specialized clothing and equipment including, but not limited to, respirators,
				  masks, and gloves designed to protect workers against chemical and physical
				  hazards.
Play Area
-an area of frequent soil contact
				  by children 6 years of age or less as indicated by, but not limited to, such
				  factors including the following: the presence of play equipment (e.g.,
				  sandboxes, swing sets, and sliding boards), toys, or other children's
				  possessions, observations of play patterns, or information provided by parents,
				  residents, care givers, or property owners.
Principal Instructor
- the individual who
				  has the primary responsibility for organizing and teaching a particular
				  course.
Public Entity
- the state, any of its
				  political subdivisions, or any agency or instrumentality of either.
Recognized Laboratory
-an environmental
				  laboratory accredited by the Louisiana Environmental Laboratory Accreditation
				  Program (LELAP) in accordance with LAC 33:I.Chapter 45 through 57, and
				  accredited to perform an analysis of lead and lead compounds in paint, soil,
				  and dust.
Recognized Training Provider
- a person
				  approved by the department, in accordance with this Chapter, to provide
				  training in lead-based paint activities.
Reduction
- measures designed to reduce or
				  eliminate human exposure to lead-based paint hazards through methods including
				  interim controls and abatement.
Residential Building
- a building containing
				  one or more residential dwellings.
Residential Dwelling
- 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
				  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
- an on-site investigation
				  conducted by an accredited risk assessor to determine the existence, nature,
				  severity, and location of lead-based paint hazards and the provision of a
				  report explaining the results of the investigation and providing options for
				  reducing lead-based paint hazards.
Room
-a separate part of the inside of a
				  building, such as a bedroom, living room, dining room, kitchen, bathroom,
				  laundry room, or utility room. To be considered a separate room, the room must
				  be separated from adjoining rooms by built-in walls or archways that extend at
				  least 6 inches from an intersecting wall. Half walls or bookcases count as room
				  separators if built-in. Movable or collapsible partitions or partitions
				  consisting solely of shelves or cabinets are not considered built-in walls. A
				  screened in porch that is used as a living area is a room.
Soil-Lead Hazard
-bare soil on residential
				  real property or on the property of a child-occupied facility that contains
				  total lead equal to or exceeding 400 parts per million (micrograms per gram) in
				  a play area or average of 1,200 parts per million of bare soil in the rest of
				  the yard based on soil samples.
Soil Sample
-a sample collected in a
				  representative location using ASTM E1727,
Standard Practice for Field
				  Collection of Soil Samples for Lead Determination by Atomic Spectrometry
				  Techniques
, or equivalent method.
Substrate
-the material directly beneath the
				  painted surface out of which the components are constructed, including wood,
				  drywall, plaster, brick, concrete, and metal.
Target Housing
- any housing constructed
				  prior to 1978, except housing for the elderly or persons with disabilities,
				  unless any child who is 6 years of age or under resides or is expected to
				  reside in such housing for the elderly or persons with disabilities, or any
				  zero-bedroom dwelling.
Training Curriculum
- an established set of
				  course topics for instruction in a recognized training program for a particular
				  discipline designed to provide specialized knowledge and skills.
Training Hour
- at least 50 minutes of
				  actual teaching including, but not limited to, time devoted to lecture,
				  learning activities, small group activities, demonstrations, evaluations,
				  and/or hands-on experience.
Training Manager
- the individual
				  responsible for administering a training program and monitoring the performance
				  of the principal instructors and guest instructors.
Visual Inspection for Clearance Testing
-
				  the visual examination of the abatement site following an abatement action by
				  an accredited inspector or accredited risk assessor for evidence that the
				  abatement has been successfully completed, as indicated by the absence of
				  visible residue, dust, and debris.
Visual Inspection for Risk Assessment
- the
				  visual examination by an accredited risk assessor to determine the existence of
				  deteriorated lead-based paint or other potential sources of lead-based paint
				  hazards.
Weighted Arithmetic Mean
-the arithmetic
				  mean of sample results weighted by the number of subsamples in each sample. Its
				  purpose is to give influence to a sample relative to the surface area it
				  represents. A single surface sample is comprised of a single subsample. A
				  composite sample may contain from two to four subsamples of the same area as
				  each other and of each single surface sample in the composite. The weighted
				  arithmetic mean is obtained by summing, for all samples, the product of the
				  sample's result multiplied by the number of subsamples in the sample and
				  dividing the sum by the total number of subsamples contained in all samples.
				  For example, the weighted arithmetic mean of a single surface sample containing
				  60 micrograms per square foot, a composite sample (three subsamples) containing
				  100 micrograms per square foot, and a composite sample (4 subsamples)
				  containing 110 micrograms per square foot is 100 micrograms per square foot.
				  This result is based on the equation [60+(3*100)+(4*110)]/(1+3+4).
Wet Sanding
or
Wet
				  Scraping
-a process to remove loose paint in which the painted surface
				  to be sanded or scraped is kept wet to minimize the dispersal of paint chips
				  and airborne dust.
Window Sill
- the portion of the horizontal
				  window ledge that protrudes into the interior of the room, adjacent to the
				  window sash when the window is closed.
Window Trough
- the portion of the
				  horizontal window sill that receives the window sash when the window is closed,
				  often located between the storm window and the interior window sash (sometimes
				  called the window well). If there is no storm window, the window trough is the
				  portion of horizontal window trim that receives both the upper and lower window
				  sash when the sashes are closed.
Wipe Sample
-a sample collected by wiping a
				  representative surface of known area, as determined by ASTM E1728,
Standard Practice for Field Collection of Settled Dust Samples Using
				  Wipe Sampling Methods for Lead Determination by Atomic Spectrometry
				  Techniques
, or equivalent method, with an acceptable wipe material as
				  defined in ASTM E1792,
Standard Specification for Wipe Sampling
				  Materials for Lead in Surface Dust
, or equivalent method.
XRF Analyzer
- an instrument that determines
				  the amount of lead in a given area using the principle of x-ray
				  fluorescence.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2054 and 2351 et
				  seq.