Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 295 - OCCUPATIONAL HEALTH › Subchapter I - TEXAS ENVIRONMENTAL LEAD REDUCTION › Section 295.202 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this subchapter, shall
													 have the following meanings, unless the context clearly indicates otherwise.
(1) Accessible surface--An interior or exterior surface painted with
											  lead-based paint that is accessible to a young child to mouth or chew.
(2) Accredited training program--A training program that has been
											  accredited by the Department of State Health Services (department) to provide training for persons engaged in
											  lead-based paint activities.
(3) Act--The Texas Occupations Code,
											  Chapter 1955.
(4) 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.
(5) Approved documented methodologies--Methods or
											  protocols used to sample for the presence of lead in paint, dust, and soil. Approved documented methodologies
											  may be found in the United States Department of Housing and Urban Development (HUD) Guidelines for the
											  Evaluation and Control of Lead-Based Paint Hazards in Housing (2012 edition); Standard Specification for Wipe
											  Sampling Materials for Lead in Surface Dust (ASTM Designation E1792); Standard Practice for Field Collection
											  of Settled Dust Samples Using Wipe Sampling Methods for Lead Determination by Atomic Spectrometry Techniques
											  (ASTM Designation E1728); Standard Practice for Field Collection of Soil Samples for Lead Determination by
											  Atomic Spectrometry Techniques or equivalent method (ASTM Designation E1727); and other equivalent methods
											  recognized by EPA, HUD, or the department.
(6) 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).
(7) ASTM--American Society for Testing and Materials, 100 Barr Harbor Dr.,
											  West Conshohocken, Pennsylvania, 19428.
(8) Bare soil--Soil not
											  covered with grass, sod, or some other similar vegetation. Bare soil includes sand.
(9) Certified lead abatement project designer--A person who has been
											  certified by the department to prepare lead abatement project designs, occupant protection plans, and
											  abatement reports.
(10) Certified lead abatement supervisor--A
											  person who has been certified by the department to supervise and conduct lead abatements, and to prepare
											  occupant protection plans and abatement reports.
(11) Certified
											  lead abatement worker--A person who has been certified by the department to perform abatements.
(12) Certified lead firm--A company, contractor, partnership, corporation,
											  sole proprietorship, association, or other business entity that performs or offers to perform lead-based
											  paint activities, and that has been certified by the department.
(13) Certified lead inspector--A person who has been certified by the
											  department to conduct lead inspections. Inspectors may also sample dust and soil for the purposes of
											  abatement cleanup and clearance testing.
(14) Certified lead risk
											  assessor--A person who has been certified by the department to conduct lead risk assessments, lead
											  inspections and lead hazard screens. Risk assessors may also sample dust and soil for the purposes of lead
											  abatement cleanup and clearance testing.
(15) Chewable
											  surface--An interior or exterior surface painted with lead-based paint that a young child can mouth or chew.
											  A chewable surface is the same as an "accessible surface" as defined in
											  42 U.S.C.
											  4851b(2). Hard metal substrates and other materials that
											  cannot be dented by the bite of a young child are not considered chewable.
(16) Child-occupied facility--A building or part of a building constructed
											  before 1978, including, but not limited to, a day-care center, preschool, or kindergarten classroom, that is
											  visited regularly by the same child, six years of age or younger, at least two days in any calendar week if
											  the visits are for at least:
(A) three hours each day; and
(B) 60 hours each year.