New Jersey Administrative Code › Title 8 - HEALTH › Chapter 62 - STANDARDS FOR LEAD CERTIFICATION › Subchapter 2 - DEFINITIONS › Section 8:62-2.1 - 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 designed to permanently
				  eliminate or mitigate lead-based paint hazards in accordance with rules adopted by
				  the New Jersey Department of Community Affairs and includes, but is not limited to:
				  the removal of lead-based paint and lead-contaminated dust; the containment or
				  encapsulation of lead-based paint; the replacement of lead-painted surfaces or
				  fixtures; the removal or covering of lead-contaminated soil; and all preparation,
				  clean-up, disposal and post-abatement clearance testing activities associated with
				  such measures.
"Applicant" means a person applying for certification as a lead
				  abatement worker, a lead abatement supervisor, a lead inspector/risk assessor, a
				  lead abatement planner/project designer, an agency seeking certification to conduct
				  lead training, or an individual applying for approval as a training manager or
				  course instructor.
"Approved" means acceptable to the Commissioner of Health, in
				  accordance with the requirements of this chapter.
"Certificant" means any training agency or individual certified by
				  the Department pursuant to N.J.A.C. 8:62.
"Commercial building" means any building 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 hangers, garages, and wholesale distribution
				  facilities.
"Commissioner" means the Commissioner of the Department of Health
				  or his or her designee.
"Department" means the New Jersey Department of Health.
"Discipline" means the classification of a specific lead-based
				  paint activity. For example, lead abatement worker for housing and public buildings
				  is a discipline.
" Hands-on assessment" means an evaluation which tests a trainees'
				  ability to satisfactorily perform specified work practices and procedures.
"Housing" means a single family dwelling, 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.
"Industrial hygienist" means a person certified by the American
				  Board of Industrial Hygiene, or a person with at least a bachelor's degree in
				  industrial hygiene or other cogent science with five years of professional
				  experience in industrial hygiene.
"Interactive/participatory teaching methods" means instruction
				  which consists of active participation of the trainees, such as, brainstorming,
				  hands-on training, demonstration and practice, small group problem solving,
				  discussions, risk mapping, field visits, walk-throughs, problem posing, group work
				  assignments, question-and-answer periods, and role-playing sessions. Lecture is not
				  considered an interactive/participatory teaching method.
"Instructor" means an individual who has the primary
				  responsibility for organizing and delivering a particular course topic(s).
"Lead abatement planner/project designer" means any person who has
				  completed a lead abatement planner/project designer training course approved by the
				  Department and who has successfully passed the skills assessment for hands-on
				  training and a written examination approved by the Department and who possesses a
				  valid permit issued by the Department to plan and design abatement projects.
"Lead abatement supervisor for commercial buildings and
				  superstructures" means any person who has completed a lead abatement supervisor for
				  commercial buildings and superstructures training course approved by the Department
				  and who has successfully passed a skills assessment for hands-on training and a
				  written examination approved by the Department and who possesses a valid permit
				  issued by the Department to supervise lead-based paint activities and to identify
				  the presence of lead-based paint or other lead-based surface coatings on commercial
				  buildings and superstructures. The supervisor is also responsible for the planning
				  and oversight of lead-based paint activities associated with commercial buildings
				  and superstructures.
"Lead abatement supervisor for housing and public buildings" means
				  any person who has completed a lead abatement supervisor for housing and public
				  buildings training course approved by the Department and who has successfully passed
				  a skills assessment of the hands-on training and a written examination approved by
				  the Department and who possesses a valid permit issued by the Department to
				  supervise and conduct abatements in housing and public buildings.
"Lead abatement worker for commercial buildings and
				  superstructures" means any person who has completed a lead abatement worker for
				  commercial buildings and superstructures training course approved by the Department
				  and who has successfully passed a skills assessment of the hands-on training and a
				  written examination approved by the Department and who possesses a valid permit
				  issued by the Department to perform abatement activities on commercial buildings and
				  superstructures.
"Lead abatement worker for housing and public buildings" means any
				  person who has completed a lead abatement worker for housing and public buildings
				  training course approved by the Department and who has successfully passed a skills
				  assessment of the hands-on training and a written examination approved by the
				  Department and who possesses a valid permit issued by the Department to perform
				  abatement activities in housing and public buildings.
"Lead inspector/risk assessor" means any person who has completed
				  a lead inspector/risk assessor training course approved by the Department and who
				  has successfully passed a skills assessment and a written examination approved by
				  the Department and who possesses a valid inspector/risk assessor permit from the
				  Department to perform inspections and conduct risk assessments.
" Lead-based paint" means paint or other surface coating material
				  that contains lead in excess of 1.0 mg/cm[LESS THAN]2[GREATER THAN] or 0.5 percent
				  by weight or such level as may be set under
				  P.L.
				  102-550, Title X, the "Residential Lead-Based Paint
				  Hazard Reduction Act of 1992", whichever is more stringent.
" Lead-based paint hazard" means any condition that causes
				  exposure to lead from lead-contaminated dust, lead-contaminated soil,
				  lead-containing paint that is deteriorated or present in accessible surfaces,
				  friction surfaces, or impact surfaces that would result in adverse human health
				  effects as established by the Commissioner in these rules or by
				  P.L.
				  102-550, Title X, the "Residential Lead-Based Paint
				  Hazard Reduction Act of 1992", whichever is more stringent.
"Local health department" means the board of health of any region
				  or municipality or the boards, body, or officers in such region or municipality
				  lawfully exercising any of the powers of a local board of health under the laws
				  governing such region or municipality.
"May" means that the action referred to is discretionary.
" N.J.A. C." means the New Jersey Administrative Code.
" N.J.D. C.A." means the New Jersey Department of Community
				  Affairs.
" N.J.D. E.P." means the New Jersey Department of Environmental
				  Protection.
" N.J.D. O.L." means the New Jersey Department of Labor.
" N.J.S. A." means the New Jersey Statutes Annotated.
"Public building" means any building or structure or part thereof,
				  except housing, constructed prior to 1978 which is generally open to the public or
				  occupied or visited by children, including but not limited to, museums, airports,
				  hospitals, stores, public and private schools, daycare centers, and government
				  facilities.
"Qualified health professional" means an individual who currently
				  possesses a professional registration, license or certification in a health field or
				  science.
"Shall" means that the action referred to is mandatory.
"Superstructure" means a large steel or other industrial
				  structure, such as a bridge or water tower, which may contain lead-based
				  paint.
"Trainee" means any person who is enrolled in a lead abatement
				  worker, lead abatement supervisor, lead inspector/risk assessor, or lead abatement
				  planner/project designer course approved by the Department.
"Training curriculum" means a list of knowledge and skills that
				  need to be taught in a certified training program for a particular
				  discipline.
"Training hours" means the number of training hours devoted to
				  discussion, learning activities, small group/work/activities, demonstrations,
				  evaluations, and/or hands-on experience exclusive of lunch and break times.
"Training manager" means the individual responsible for
				  administering the training courses and monitoring the performance of the
				  instructors.
"Train-the-trainer course" means a 40 hour or longer course of
				  study which provides instruction in the planning and teaching of adult education
				  courses.
" U.S.E. P.A." means the United States Environmental Protection
				  Agency.