New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 17 - LEAD HAZARD EVALUATION AND ABATEMENT CODE › Subchapter 1 - GENERAL PROVISIONS › Section 5:17-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter, shall
				  have the following meanings, unless the context clearly indicates otherwise:
"ASTM" means the American Society for Testing and
				  Materials.
"Business firm" means and includes any corporation, company,
				  association, society, firm, partnership or joint stock company, or any sole
				  proprietor, engaged in, advertising, or holding itself out to be in the business of
				  lead evaluation or lead abatement.
"Child occupied facility" means a building, or a portion of a
				  building, constructed prior to 1978, that is visited regularly by the same child,
				  six years of age or under. Such facilities include, but are not limited to, day care
				  centers, preschools and kindergarten classrooms.
"Clearance technician" means a person with proof of having
				  completed a State certified or HUD approved training course as a clearance
				  technician. This person is qualified to take dust wipe samples in a limited area
				  undergoing renovation, remodeling, repair or maintenance work. A clearance
				  technician may also be referred to as a "dust wipe technician" or a "sampling
				  technician."
"Commercial building" means any building or portion thereof used
				  primarily for commercial or industrial activity, which is generally not open to the
				  public, or occupied or visited by children, including, but not limited to,
				  warehouses, factories, storage facilities, aircraft hangars, garages, and wholesale
				  distribution facilities. For purposes of applying these rules, commercial building
				  shall not include offices or other similar spaces within such buildings.
"Commissioner" means the Commissioner of the Department of
				  Community Affairs.
"Composite sampling" means an economical, but less specific,
				  method of sampling for lead-based paint hazards by analyzing dust from several
				  surfaces or soil from different locations together.
"Department" means the Department of Community Affairs.
"Encapsulant" means a coating or rigid material that relies on
				  adhesion to a lead-based painted surface and is not mechanically fastened to the
				  substrate.
"Encapsulation" means a process to make lead-based paint
				  inaccessible by providing a barrier between the lead-based paint and the
				  environment, where the primary means of attachment for the encapsulant is bonding of
				  the product used to the surface covered either by the product itself or through the
				  use of an adhesive.
"Enclosure" means the installation of a rigid, durable barrier
				  that is mechanically attached to building components, with all edges and seams
				  sealed with caulk or other sealant and having a design life of at least 20
				  years.
"HEPA" means high efficiency particulate air.
"HEPA sander" means an electric sander equipped with a specially
				  designed shroud or containment system where all exhaust air is passed through a HEPA
				  filter.
"HEPA vacuum blasting" means abrasive blasting with a shroud under
				  the vacuum that is attached to the blast head where all exhaust air is passed
				  through a HEPA filter.
"HEPA vacuum needle gun" means a needle gun that removes paint by
				  the force of metal needles rapidly pounding against the painted surface attached to
				  a vacuum where all exhaust air is passed through a HEPA filter.
"HUD Guidelines" means the most recent version of the "Guidelines
				  for the Evaluation and Control of Lead-Based Paint Hazards in Housing" prepared by
				  the United States Department of Housing and Urban Development, Office of Healthy
				  Homes and Lead Hazard Control and available from the U.S. Department of Housing and
				  Urban Development (HUD), 451 7th Street, S.W., Washington, DC 20410 or by calling
				  1-800-245-2691. Copies may also be obtained from the HUD website at
http://www.hud.gov/offices/lead/guidelines/hudguidelines/index.cfm
.
"Inspector/risk assessor" means a person certified by the New
				  Jersey Department of Health as such.
"Interim controls" means a set of measures designed to reduce
				  temporarily human exposure or likely exposure to lead-based paint hazards, including
				  specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing
				  monitoring of lead-based paint hazards or potential hazards, and the establishment
				  and operation of management and resident education programs, or as the term is
				  defined under
				  42 U.S.C.
				  §
										4851b.
"Lead abatement" means a set of measures designed to permanently
				  eliminate lead-based paint hazards in accordance with standards established by the
				  commissioner in compliance with standards promulgated by the appropriate Federal
				  agencies. Such term includes:
1. The
				removal of lead-based paint and lead-contaminated dust, the permanent containment or
				encapsulation of lead-based paint, the replacement of lead-painted surfaces or
				fixtures, and the removal or covering of lead-contaminated soil; and
2. All preparation, cleanup, disposal, and
				post-abatement clearance testing activities associated with such measures.
"Lead abatement clearance certificate" means the certificate
				  issued by the construction official pursuant to
				  5:23-2.23(p)  at the
				  end of a lead abatement project.
"Lead evaluation" means 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.
"Lead hazard control work" means work to make housing lead-safe,
				  or to mitigate through the use of interim controls as permitted under Federal law
				  and as defined in
				  42 U.S.C.
				  §
											4851b, or to eliminate permanently
				  lead-based hazards by abatement on a premises by a person certified to perform lead
				  abatement work pursuant to sections 1 through 12 of P.L. 1993, c.288 and sections 14
				  through 24 of P.L. 1993, c.288.
"Lead screening" means an abbreviated lead-based paint hazard
				  evaluation performed in accordance with the requirements established by this chapter
				  for such testing, including N.J.A.C. 5:17-3 Appendices 3-A and 3-B.
"Lead-based paint" means paint or other surface coating material
				  that contains lead equal to or in excess of 1.0 milligrams per centimeter squared or
				  in excess of 0.5 percent by weight, or such other level as may be established by
				  Federal law.
"Lead-based paint hazard" means any condition that causes exposure
				  to lead from lead-contaminated dust or soil or lead-contaminated paint that is
				  deteriorated or present in surfaces that would result in adverse human health
				  effects.
"Lead-free" means having no lead-based paint on any surface within
				  a dwelling unit, common area or building.
"Lead-free interior" means having no lead-based paint on any
				  interior surface within a dwelling unit, common area or building. For the purpose of
				  this definition, interior surface shall include any part of a door or window system
				  that is accessible from the inside of the building while the window or door is in
				  the closed position. Door thresholds shall be considered interior components. Window
				  wells shall be considered exterior components and shall be smooth and
				  cleanable.
"Lead-hazard free" means the absence of any condition that causes
				  exposure to lead from lead-contaminated dust, lead-contaminated soil, or
				  lead-contaminated paint that is deteriorated or present in accessible surfaces,
				  friction surfaces, or impact surfaces that would result in adverse human health
				  effects.
"Lead-hazard free certificate" means a certificate that is issued
				  by a certified firm upon completion of a risk assessment to confirm that housing is
				  lead hazard free.
"[micro]g" means micrograms of lead per.
"N.J.A.C." means the New Jersey Administrative Code.
"N.L.L.A.P." means the U.S. Environmental Protection Agency
				  National Lead Laboratory Accreditation Program.
"Owner" means building owner or his agent. In the case of
				  evaluation and testing services, "owner" shall include the client of the evaluation
				  firm if other than the owner.
"Patch test" means a field test procedure in which a small area of
				  the existing lead-based paint film is prepared and the encapsulant product is
				  applied or installed and cured in the manner intended for the large-scale job and
				  then tested to determine adhesion and surface integrity.
"Plastic sheeting" means a minimum of six mil thick polyethylene
				  (plastic) sheeting unless the text specifies otherwise.
"Superstructure" means a large steel or other industrial
				  structure, such as a bridge or water tower, which contains no habitable space. It is
				  synonymous with "industrial steel structure."
"Surface" means an area such as an interior or exterior wall,
				  ceiling, floor, door, door frame, window sill, window frame, porch, stair, handrail
				  and spindle, or other abradable surface, soil, furniture, a carpet, a radiator or a
				  water pipe.
"UCC" means the New Jersey Uniform Construction Code, N.J.A.C.
				  5:23.
"Window" means the entire window system, including the sash, the
				  stop and parting beads, and the window jambs.
"Window well" means the window trough. It is also synonymous with
				  window stool, defined in ASTM Standards E1605-94 as flat, horizontal molding fitted
				  over the sill, on the window interior, between jambs, that comes in contact with the
				  bottom rail of the (lower) operating sash and the window sill.
"XRF" means x-ray fluorescence, a radiological method of in-place
				  testing for the presence of lead-based paint on surfaces.