Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 48 - Lead Abatement › Section 902 KAR 48:010 - Definitions for 902 KAR Chapter 48

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				211.180, 211.900-211.905, 211.9061-211.9079,
				211.994,
				217.660,
				217.801,
				40 C.F.R. Part 745
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				211.9065(4) and
				211.9067
				authorize the Department for Public Health to promulgate administrative
				regulations relating to the training, certification of persons, and standards
				and procedures for activities related to conducting lead-hazard assessment and
				abatement activities in target housing or child-occupied facilities.
				KRS
				211.9071 requires the department to comply
				with the applicable rules and regulations of all federal agencies having
				jurisdiction over issues concerning lead-hazards. This administrative
				regulation establishes definitions for 902 KAR Chapter 48.
Section 1. Definitions.
(1) "Abatement permit" means a permit issued
			 by the department to a person who plans to conduct lead-hazard abatement in
			 target housing or child-occupied facilities.
(2) "Abatement permit holder" means a person
			 who:
(a) Is certified by the department to
			 conduct lead abatement activities; and
(b) Has been issued a permit by the
			 department to conduct specific lead abatement activities.
(3) "Abatement plan" means a detailed,
			 written description of proposed planned abatement activities for lead-hazard
			 abatement, environmental lead-hazard control, cleanup, and clearance.
(4) "Accredited training program" means a
			 program for training individuals engaged in lead-hazard detection and abatement
			 activities, conducted by a training provider accredited by the
			 department.
(5) "Adequate quality
			 control" is defined by
			 40
			 C.F.R. 745.223.
(6) "Approved course" means a training
			 course:
(a) Approved under the initial
			 accreditation requirement of a training program; and
(b) Conducted by a provider who has met the
			 notification and reporting requirements of
			 902
			 KAR 48:030, Section 12.
(7) "Certificate of accreditation" means the
			 document issued by the department to a training provider certifying that the
			 provider has been approved to provide training courses for individuals who
			 perform lead-hazard detection and abatement activities.
(8) "Chewable surface" is defined by
			 40
			 C.F.R. 745.63.
(9) "Child" means a person six (6) years of
			 age or younger.
(10)
			 "Child-occupied facility" is defined by
			 KRS
			 211.9061(1).
(11) "Clearance level" is defined by
			 40
			 C.F.R. 745.223.
(12) "Common area" is defined by
			 40
			 C.F.R. 745.223.
(13) "Composite dust sample" means a sample
			 of dust:
(a) Consisting of two (2) or more
			 subsamples;
(b) Representing each
			 component being tested; and
(c)
			 Containing a subsample from only one (1) type of component.
(14) "Containment" is defined by
			 40
			 C.F.R. 745.223.
(15) "Course test blue print" is defined by
			 40
			 C.F.R. 745.223.
(16) "Department" is defined at
			 KRS
			 211.9061(2).
(17) "Deteriorated paint" is defined by
			 40
			 C.F.R. 745.63.
(18) "Discipline" means a category of work
			 performed by one (1) of the following persons:
(a) Lead-hazard inspector;
(b) Lead-hazard risk assessor;
(c) Lead-hazard dust sampling
			 technician;
(d) Lead-hazard
			 abatement worker;
(e) Lead-hazard
			 abatement supervisor;
(f)
			 Lead-hazard project designer; or
(g) Lead-hazard abatement company.
(19) "Distinct painting history"
			 is defined by
			 40
			 C.F.R. 745.223.
(20) "Documented methodologies" is defined by
			 40
			 C.F.R. 745.223.
(21) "Dripline" is defined by
			 40
			 C.F.R. 745.63.
(22) "Dust-lead hazard" is defined by
			 40 C.F.R.
			 745.65(b).
(23) "Encapsulant" is defined by
			 40
			 C.F.R. 745.223.
(24) "Encapsulation" is defined by
			 40
			 C.F.R. 745.223.
(25) "Enclosure" is defined by
			 40
			 C.F.R. 745.223.
(26) "Equivalent method" means a method
			 demonstrated to the department by a certified person that:
(a) Is equally protective as documented
			 methodologies;
(b) Ensures adequate
			 quality control; and
(c) Protects
			 the environment.
(27)
			 "EPA" means the U.S. Environmental Protection Agency.
(28) "Friction surface" is defined by
			 40
			 C.F.R. 745.63.
(29) "Guest instructor" is defined by
			 40
			 C.F.R. 745.223.
(30) "Hands-on skills assessment" is defined
			 by 40 C.F.R.
			 745.223.
(31) "Impact surface" is defined by
			 40
			 C.F.R. 745.63.
(32) "Interim control" is defined by
			 40
			 C.F.R. 745.223.
(33) "Interior window sill" is defined by
			 40
			 C.F.R. 745.63.
(34) "Large-scale" means an abatement project
			 with ten (10) or more residential dwellings.
(35) "Lead-hazard" means a hazard due to
			 excessive amounts of lead in:
(a)
			 Paint;
(b) Dust; or
(c) Soil.
(36) "Lead-hazard abatement" is defined by
			 KRS
			 211.9061(4).
(37) "Lead-hazard abatement worker" means a
			 person certified by the department to perform physical lead-hazard abatement
			 activities.
(38) "Lead-hazard
			 company" means a firm certified by the department to perform lead-hazard
			 assessment and abatement activities in target housing and child-occupied
			 facilities.
(39) "Lead-hazard
			 detection" is defined by
			 KRS
			 211.9061(3).
(40) "Lead-hazard dust sampling technician"
			 means person who performs clearance evaluation and sampling for nonabatement
			 activities that may create a lead dust hazard.
(41) "Lead-hazard inspection" means an
			 examination of painted surfaces within the interior or exterior of a
			 residential structure or child-occupied facility, to determine if hazardous
			 levels of lead are present.
(42)
			 "Lead-hazard inspector" means a person certified by the department to conduct:
(a) Lead-hazard inspections;
(b) Sample collection; and
(c) Lead-hazard dust clearance.
(43) "Lead-hazard project
			 designer" means a person certified by the department to prepare the following
			 items for a lead-hazard abatement project, in accordance with
			 902
			 KAR 48:040, Section 7:
(a) Abatement project plans;
(b) Abatement reports; and
(c) Occupant protection plans.
(44) "Lead-hazard risk assessment"
			 means an on-site investigation to determine the existence, nature, severity,
			 location of lead hazards.
(45)
			 "Lead-hazard risk assessor" means a person certified by the department to
			 conduct:
(a) Lead-hazard
			 inspections;
(b) Risk
			 assessments;
(c) Lead-hazard
			 screens;
(d) Sample collection;
			 and
(e) Lead-hazard dust
			 clearance.
(46)
			 "Lead-hazard screen" means a risk-assessment activity requiring reduced
			 sampling.
(47) "Lead-hazard
			 supervisor" means a person certified by the department to:
(a) Supervise lead-hazard abatement
			 activities; and
(b) Prepare, in
			 accordance with
			 902
			 KAR 48:040, Section 7:
1. Abatement plans;
2. Abatement reports; and
3. Occupant protection plans.
(48) "Living area" is
			 defined by
			 40
			 C.F.R. 745.223.
(49) "Permanently covered soil" is defined by
			 40
			 C.F.R. 745.223.
(50) "Person" is defined at
			 KRS
			 217.660(3).
(51) "Play area" is defined by
			 40
			 C.F.R. 745.63.
(52) "Post-abatement report" means a report
			 prepared at the conclusion of an abatement project, after clearance has been
			 achieved, in accordance with
			 902
			 KAR 48:040, Section 16.
(53) "Quality assurance inspection" means an
			 inspection conducted by the department to determine whether a lead abatement
			 activity complies with:
(a) Certification
			 requirements;
(b) Work practices;
			 and
(c) Performance
			 standards.
(54) "Quality
			 control plan" means a written plan prepared by the training manager describing
			 in-house controls to assure that the program meets the requirements in
			 902
			 KAR 48:030, Section 5.
(55) "Recognized laboratory" is defined by
			 40
			 C.F.R. 745.223.
(56) "Reduction" is defined by
			 40
			 C.F.R. 745.223.
(57) "Related work experience" means
			 experience in a profession associated with lead, asbestos, or environmental
			 remediation work; building renovation and remodeling; or building
			 construction.
(58) "Residential
			 dwelling" is defined by
			 40
			 C.F.R. 745.223.
(59) "Room" is defined by
			 40
			 C.F.R. 745.63.
(60) "Small-scale" means an abatement project
			 with less than ten (10) residential dwellings.
(61) "Soil-lead hazard" is defined by
			 40 C.F.R.
			 745.65(c).
(62) "Soil sample" means a sample collected
			 in a representative location using:
(a) ASTM
			 E 1727 "Standards Practice for Field Collection of Soil Samples for Lead
			 Determination by Atomic Spectroscopy Techniques";
(b) A documented methodology; or
(c) An equivalent method.
(63) "Target housing" is defined
			 by
			 KRS
			 211.9061(5).
(64) "Third-party examination" means a
			 written test approved and administered by the department or its designated
			 agent.
(65) "Training day" means
			 eight (8) training hours.
(66)
			 "Training hour" is defined by
			 40
			 C.F.R. 745.223.
(67) "Training manager" is defined by
			 40
			 C.F.R. 745.223.
(68) "Window trough" is defined by
			 40
			 C.F.R. 745.63.
(69) "Wipe sample" is defined by
			 40
			 C.F.R. 745.63.
(70) "XRF" means an x-ray fluorescence device
			 that indicates the lead levels of paint on a painted surface.