New Jersey Administrative Code › Title 8 - HEALTH › Chapter 51 - CHILDHOOD ELEVATED BLOOD LEAD LEVELS › Subchapter 1 - GENERAL PROVISIONS › Section 8:51-1.4 - 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:
"Abatement" means any set of measures or processes designed to
				  permanently eliminate lead-based paint or any other lead-related hazards on a
				  premises and includes, but is not limited to: the removal of lead-based paint and/or
				  lead-contaminated dust; the enclosure or encapsulation of lead-based paint; the
				  replacement or removal of lead-painted surfaces, fixtures, furniture, toys or
				  objects; the removal, treatment or covering of lead-contaminated soil; and all
				  preparation, clean-up, disposal and post-abatement clearance testing activities
				  associated with such measures.
"Advisory Committee on Childhood Lead Poisoning Prevention" means
				  a chartered body that advises and guides the Secretary and Assistant Secretary of
				  the U.S. Department of Health and Human Services and the Director of the Centers for
				  Disease Control and Prevention, regarding new scientific knowledge and technical
				  developments and their practical implications for childhood lead exposure prevention
				  efforts. The charter expired on October 31, 2013.
"Ambient source of lead" means lead contamination from salvage,
				  recycling or industrial discharges or from known contaminated sites.
"Case management" means a public health nurse's coordination,
				  oversight, and/or provision of the services required to identify lead sources,
				  eliminate a child's lead exposure, and reduce the child's blood lead level below
				  five micrograms per deciliter (g/dL).
"Case management assessments" means assessments that identify the
				  wellness of the child and family, consisting of the following:
1. Childhood Lead Poisoning Prevention Home Visit Assessment,
				  available at N.J.A.C. 8:51 Appendix G;
2. Universal Child Health Record, available at N.J.A.C. 8:51
				  Appendix H; and
3. A nutritional assessment, available at N.J.A.C. 8:51 Appendix
				  I.
"Case manager" means a public health nurse who is responsible for
				  coordinating care, ensuring communication, monitoring medical oversight and ensuring
				  follow-up on all referrals for services.
"Causative factor" means any housing condition that contributes to
				  the deterioration of paint or the significant accumulation of household dust, such
				  as, but not limited to, the failure of a system designed to prevent moisture
				  infiltration for example, roof, siding or windows; leaks or other deficiencies in
				  household plumbing or heating; and horizontal surfaces that are damaged, worn and/or
				  not washable, for example, floors, window wells or stair treads).
"CDC recommendations" means the recommendations made by the United
				  States Centers for Disease Control and Prevention, as specified in its policy
				  statements: "Managing Elevated Blood Lead Levels Among Young Children,
				  Recommendations from the Advisory Committee on Childhood Lead Poisoning Prevention,"
				  published March 2002 and "Preventing Lead Poisoning in Young Children," published
				  August 2005, by the U.S. Department of Health and Human Services, Public Health
				  Service, Centers for Disease Control and Prevention, 1600 Clifton Road, Atlanta, GA
				  30333.
"Chewable surface" means any projection from an interior or
				  exterior surface that offers a biting surface or that can be mouthed by a child.
				  Chewable surfaces may include, but are not limited to: window sills, window casings,
				  doors, door casings, stair railings, stair treads, balusters, toys, parts of certain
				  furniture or any other surface that may be readily mouthed by children.
"Child" means a person less than 17 years of age.
"Commissioner" means the Commissioner of the New Jersey Department
				  of Health, or his or her designee.
"Common area" means any portion of a premises that is generally
				  accessible to occupants and may include, but is not limited to, entryways, hallways,
				  stairways, lobbies, laundry and recreational rooms, playgrounds, porches, patios,
				  community centers, garages, yard areas and boundary fences.
"Confirmed blood lead level" means a blood lead level obtained
				  from a venous blood sample.
"Defective paint" means any paint located on any interior or
				  exterior surface or object that is damaged, deteriorated, loose, cracked, peeling,
				  chipped, blistered, chalking or flaking.
"Department" means the New Jersey Department of Health and Senior
				  Services.
"Dwelling" means any building or structure or portion thereof
				  which is occupied in whole or in part as the home, residence, or sleeping quarters
				  of one or more persons, and includes any dwelling unit, rooming house or rooming
				  unit, and any facility occupied or used by children.
"Elevated blood lead level" means a blood lead test result, from
				  either a venous or capillary sample, equal to or greater than five micrograms per
				  deciliter (g/dL) of whole blood.
"Environmental intervention" means actions taken by the local
				  board of health with jurisdiction to:
1. Identify lead hazards present in the child's
				  environment;
2. Order the abatement of those hazards or interim controls, which
				  are only applicable for hazards on exterior surfaces; and
3. Educate the family of the child identified with lead poisoning.
"Friction surface" means an interior or exterior surface that is
				  subject to abrasion or friction, including certain stair surfaces and moving parts
				  or contact surfaces of doors and windows.
"Hazard assessment" means conducting all of the following
				  activities:
1. Collection of background information regarding physical
				  characteristics and residential use patterns including:
i. The age of the structure and any additions;
ii. Copies of any previous lead hazard inspections or
				  assessments;
iii. A diagram of the dwelling showing each room and its
				  use;
iv. The number of children under 72 months of age and pregnant
				  women residing in the dwelling upon notification of a confirmed blood level of two
				  results five to nine g/dL or a single result of 10 g/dL or higher; and
v. Potential sources of lead exposure in the neighborhood;
2. Administration, to a parent, guardian or responsible adult, of
				  the Hazard Assessment Questionnaire, available at N.J.A.C. 8:51 Appendix A;
3. A visual inspection of the dwelling to determine the condition
				  of all interior and exterior painted surfaces and to detect any evidence of chewing
				  on painted surfaces;
4. Testing of defective paint, using an XRF instrument, on the
				  interior surfaces of the dwelling, other buildings on the premises, furniture, toys
				  and play structures;
5. Testing of intact paint, using an XRF instrument, on friction
				  surfaces;
6. Testing of intact paint, using an XRF instrument, on chewable
				  surfaces, if indicated by the Hazard Assessment Questionnaire or if evidence of
				  chewing is noted;
7. Testing of paint, using an XRF instrument, on impact surfaces,
				  if there is evidence of impact damage;
8. Dust sampling of window sills and floors in rooms identified in
				  the Hazard Assessment Questionnaire as play areas, hiding spots or areas where the
				  child is most likely to come in contact with dust;
9. Evaluation of the exterior of the residence, using an XRF
				  instrument, if no lead-based paint hazard is found in the interior of the residence;
				  and
10. Testing of the soil, if no lead-based paint hazard is found in
				  either the interior or exterior of the residence.
"HUD guidelines" means the United States Department of Housing and
				  Urban Development's "Guidelines for the Evaluation and Control of Lead-Based Paint
				  Hazards in Housing," 2012, published by the U.S. Department of Housing and Urban
				  Development, Office of Healthy Homes and Lead Hazard Control, 451 Seventh Street,
				  SW, Washington, DC 20410.
"Impact damage" means any painted surface that is cracked,
				  chipped, or otherwise damaged because of repeated impacts.
"Impact surface" means an interior or exterior surface that is
				  subject to damage by repeated impacts, including chair rails and certain parts of
				  doors.
"Intact surface" means any surface that is free of damage or
				  defects which would allow exposure to lead-based paint or lead-contaminated
				  dust.
"Interim controls" means a set of measures or processes designed
				  to temporarily reduce human exposure or likely exposure to lead-based paint hazards,
				  including specialized cleaning, repairs, temporary containment, painting,
				  maintenance, ongoing monitoring of lead-based paint hazards or potential hazards,
				  and the establishment and operation of management and resident education
				  programs.
"Lead-based paint" means paint or other surface coating material
				  that contains lead equal to or in excess of 1.0 milligram per square centimeter or
				  in excess of 0.5 percent by weight, or other level as may be established by Federal
				  law.
"Lead-based paint hazard" shall have the meaning established at
				  26:2Q-2.
"Lead contaminated dust" means dust particles that contain lead in
				  excess of the levels established by the United States Environmental Protection
				  Agency pursuant to the Toxic Substance Control Act, Section 403,
				  40 C.F.R.
				  745.61 to 745.69.
"Lead contaminated soil" means soil that contains lead in excess
				  of the levels established by the United States Environmental Protection Agency
				  pursuant to the Toxic Substance Control Act, Section 403,
				  40 C.F.R.
				  745.61 to 745.69.
"Lead hazard" means any condition that allows access or exposure
				  to lead, in any form, to the extent that adverse human health effects are
				  possible.
"Limited hazard assessment" means conducting activity paragraphs
				  two through four and number eight under the definition for hazard assessment.
"Local board of health" or "local boards of health" means a local
				  board or local boards of health as defined at
				  N.J.S.A.
				  26:1A-1.
"Non-paint lead hazard" means any condition that allows access or
				  exposure to a lead hazard that is not related to lead-based paint, including, but
				  not limited to: lead-contaminated particles brought into the dwelling by adults who
				  are exposed to lead in an occupation or hobby; lead-containing materials used in the
				  dwelling for art works or hobbies; water containing lead in excess of the standards
				  set by the U.S. Environmental Protection Agency at 40 CFR Part 141, food stored in
				  cans with lead soldered seams; pottery or ceramics with leachable lead glazes; toys;
				  jewelry; or traditional foods, medicines or cosmetics containing lead.
"Premises" means a building or structure that contains one or more
				  dwelling units, and/or a facility that is occupied or used by children, and the
				  property on which it is located.
"Primary care provider" means a physician or advanced practice
				  nurse that provides primary care services to children.
"Primary residence" means the dwelling where the child sleeps most
				  of the time. Unless shown otherwise, it is presumed to be the legal residence of the
				  child's primary caretaker.
"Public health nurse" shall have the meaning established at
				  8:52-2.1 and shall consist of
				  nurses:
1. Licensed pursuant to
				  45:11-23 et seq.;
2. With the qualifications set forth at
				  8:52-4.2; and
3. That comply with the public health nursing responsibilities
				  established at N.J.A.C. 8:52-7.
"Reinspection" means a visual assessment of painted surfaces and
				  limited dust and soil sampling conducted periodically following lead-based paint
				  hazard reduction where lead-based paint is still present.
"Risk assessment" means the evaluation of an individual child to
				  determine whether the potential for exposure to lead is high or low.
"Screening" means the taking of a blood sample from an
				  asymptomatic child, and its analysis by a medical laboratory, licensed in accordance
				  with N.J.A.C. 8:44, to determine if the child has elevated blood lead levels.
"Secondary address" shall mean any location other than the primary
				  residence, where a child spends 10 or more hours per week.
"Testing" means a combination of methods to collect and measure
				  content of lead in paint, soil and/or dust.
"[micro]g/dL" means micrograms of lead per deciliter of whole
				  blood.
"XRF instrument" means a portable instrument most commonly used to
				  analyze paint in order to determine lead concentration in milligrams per square
				  centimeter using the principle of x-ray fluorescence.