Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 11 - Lead Training, Certification And Licensing › Section 216-RICR-50-15-11.2 - Definitions

Current through June 14, 2024
A. Wherever used in this Part, the terms
				  listed below shall be construed in the following manner:
1. "Act" means R.I. Gen. Laws Chapter
				  23-24.6, Lead Poisoning Prevention.
2. "Approved" means approved by the
				  Department, State, or local authority having legal and administrative authority
				  for such.
3. "Department" means the
				  Rhode Island Department of Health.
4. "Director" means the Director of the Rhode
				  Island Department of Health or his or her agents, subordinates to whom the
				  Director has delegated the powers and duties vested in the Director by these
				  Regulations.
5. "Employ" means to
				  use or engage the services of someone.
6. "Environmental lead" means, for the
				  purposes of this Part, inorganic lead contained in paint, dust, soil, and/or
				  water.
7. "EPA" means the United
				  States Environmental Protection Agency.
8. "Hands-on training or activities" means a
				  training activity that involves active participation; applied, as opposed to
				  theoretical, i.e. the hands-on portion of a lead training course which allows
				  the student to practice specific techniques in a simulated or actual setting
				  with equipment and supplies typically used in the profession. Hands-on
				  training, by definition, must be completed in person.
9. "HUD" means the United States Department
				  of Housing and Urban Development.
10. "Lead assessor" means a person, either
				  authorized to act as an enforcing officer under the housing code or a
				  designated employee of a federal, state or municipal agency with jurisdiction
				  over housing, occupational health, child welfare and/or environmental standards
				  who successfully completed a Lead Assessor training course and obtained a
				  license, pursuant to this Part, to conduct lead inspections within the purview
				  of their employment.
11. "Lead
				  contractor" means any person or entity engage in lead hazard reduction as a
				  business and licensed pursuant to this Part.
12. "Lead hazard" means a condition that
				  presents a clear and significant health risk to occupants of a child care
				  facility, single-family house, dwelling unit and common areas, or premises,
				  particularly where children reside. Lead concentrations in damaged paint,
				  interior dust, bare soil, and/or drinking water which exceed the lead-safe
				  thresholds in §
											5.8   of this Subchapter are an
				  immediate lead exposure hazard requiring corrective action at a regulated
				  facility.
13. "Lead hazard control"
				  or "LHC" means any window replacement and/or interim controls intended to
				  correct lead hazards identified in a lead inspection report or standard
				  treatments to remove lead-based paint and/or minimize lead exposure, which may
				  include measures to reduce the concentration of lead in paint, dust, soil,
				  and/or water using approved treatment methods specified in Part 12 of this
				  Subchapter.
14. "Lead hazard
				  reduction" or "LHR" means, as defined by R.I. Gen. Laws §
											23-24.6-4, any action or actions
				  designated to reduce exposure to toxic levels of lead which impose an
				  unacceptable risk or exposure in any dwelling or dwelling unit, where a child
				  under the age of six (6) years, with environmental intervention blood lead
				  level or greater resides, or on any premises and may include, but is not
				  limited to: repair, enclosure, encapsulation, or removal of lead based paint
				  and/or lead contaminated dust, soil, or drinking water; relocation of
				  occupants; and cleanup measures or ongoing maintenance measures, which may
				  include activities and/or measures that do not present an undue risk to
				  children under age six (6).
15.
				  "Lead inspection" means any type of physical investigation of a child care
				  facility single-family house, dwelling unit, or premises to identify the
				  presence of environmental lead, lead hazards, or compliance with the cleaning
				  requirements and lead standards in §
											5.8   of this Subchapter for
				  paint, dust, soil, and/or water.
16. "Lead inspector" means an individual, who
				  successfully completed a certified Lead Inspector training course, passed the
				  Lead Inspector Department examination, completed a supervised field
				  apprenticeship, and obtained a license, pursuant to this Part, to conduct lead
				  inspections.
17. "Lead
				  inspector-in-training" means an individual who successfully completed a
				  certified Lead Inspector training course, passed the Lead Inspector Department
				  examination, and obtained a license, pursuant to this Part, to conduct a
				  supervised apprenticeship to meet the requirements for a Lead Inspector
				  license.
18. "Lead professional"
				  means an occupational grouping of individuals and organizations licensed or
				  certified pursuant to this Part.
19. "Lead renovation firm" means any person
				  or organization engaged in renovation, repair, and painting (RRP) or lead
				  hazard control (LHC) as a business and licensed pursuant to this
				  Part.
20. "Lead renovator" means an
				  individual who successfully completed a certified Lead Renovator training
				  course and obtained a valid training certificate, pursuant to this Part, to
				  perform renovation, repair, and painting (RRP) and lead hazard control (LHC)
				  work.
21. "Lead supervisor" means
				  an individual who successfully completed a certified Lead Supervisor training
				  course, passed the Lead Supervisor Department examination, and obtained a
				  license, pursuant to this Part, to perform and/or supervise lead hazard
				  reduction (LHR) work.
22. "Lead
				  training course" or "LTC" means a lead training course certified by the
				  Department to meet the training prerequisite of a specific lead professional
				  license issued by the Department or the certification requirement of a Lead
				  Renovator.
23. "Lead worker" means
				  an individual who successfully completed a certified Lead Worker training
				  course and obtained a license, pursuant to this Part, to perform lead hazard
				  reduction work.
24. "License" means
				  an authorization granted by the Department to engage in a business or
				  occupation that is subject to regulation by the Department. For the purposes of
				  this Part, a registration, certification, permit or similar authorization
				  issued by the Department is also considered to be a license.
25. "Occupant" means, as defined by R.I. Gen.
				  Laws §
											23-24.6-4, any person who legally
				  resides in, or regularly uses, a dwelling, dwelling unit, or structure;
				  provided, however, that a guest of any age shall not be considered an occupant
				  for the purposes of this Chapter.
26. "Owner" means, as defined by R.I. Gen.
				  Laws §
											23-24.6-4, any person who, alone
				  or jointly or severally with others:
a. Shall
				  have legal title to any dwelling or dwelling unit with or without accompanying
				  actual possession of it; or
b.
				  Shall have charge, care, or control of any dwelling or dwelling unit as owner
				  or agent of the owner or an executor, administrator, trustee, or guardian of
				  the estate of the owner. Any person representing the actual owner shall be
				  bound to comply with the provisions of this Chapter and with Rules and
				  Regulations adopted pursuant to this Chapter to the same extent as if that
				  person were the owner. An agent of the owner excludes real estate and property
				  management functions where the agent is only responsible for the property
				  management and does not have authority to fund capital and/or major property
				  rehabilitation on behalf of the owner.
c. For purposes of publicly owned property
				  only, the owner shall be defined to be the Chief Executive Officer of the
				  municipal or State agency which owns, leases or controls the use of the
				  property.
27. "Person"
				  means any individual, partnership, firm, corporation, association, or
				  organization, including municipal and State agencies.
28. "Renovation" means the modification of
				  any existing structure, or portion thereof that results in the disturbance of
				  lead-painted surfaces, unless that activity is performed as part of a lead
				  hazard control (LHC) or lead hazard reduction (LHR) project. The term
				  renovation includes, but is not limited to: the removal, modification or repair
				  of painted surfaces or painted components (e.g. modification of painted doors,
				  surface restoration, window repair); surface preparation activities such as
				  sanding, scraping, or other such activities which may generate paint dust; the
				  removal of building components (e.g. walls, ceilings, plumbing, windows);
				  weatherization projects (e.g. cutting holes in painted surfaces to install
				  blown-in insulation or to gain access to attics, planning thresholds to install
				  weather-stripping); and interim controls that disturb lead-painted surfaces. A
				  renovation performed for converting a building, or part of a building, into
				  target housing or child care facilities is a renovation under this Part. The
				  term renovation does not include minor repair and maintenance
				  activities.
29. "Renovation,
				  repair, and painting project" or "RRP project" means a project which is being
				  done by a Lead Renovation Firm for purposes other than removing lead-based
				  paint or correcting lead hazards (although it may result in this). The purpose
				  of an RRP project is to ensure that that renovations performed at a regulated
				  facility or for compensation at target housing are done safely and prevent lead
				  exposure to owners, occupants and neighbors of the property where the work is
				  performed. Any additional work which disturbs lead-based paint, other than
				  emergency renovation operations, performed in the same room or area within the
				  same thirty (30) day period must be considered the same RRP project for the
				  purpose of determining whether the work is spot removal or renovation, repair,
				  and painting (RRP).
30. "Supervised
				  lead inspector-in-training" means a Lead Inspector-in-Training who is
				  performing a field apprenticeship under the direct on-site supervision of a
				  Department-approved Lead Inspector for the purpose of meeting the Lead
				  Inspector licensing requirements of this Part.
31. "Temporary training facility" or
				  "temporary training location" means a nonpermanent training location approved
				  by the Department for a lead training course certified pursuant to this
				  Part.
32. "Training hour" means at
				  least fifty (50) minutes of actual learning, including, but not limited to,
				  time devoted to lecture, learning activities, demonstrations, evaluations, and
				  hands-on experience.
33. "Training
				  provider" means a person offering or conducting a lead training course
				  certified pursuant to this Part.
34. "Treatments" means any methods designed
				  to control or reduce lead exposure hazards. Treatments include lead abatement,
				  interim controls, or a combination of both.