1. “40 CFR” means Title 40 of the Code of Federal Rules.

2. “Abatement” means any measure or set of measures designed to permanently eliminate lead -- based paint hazards. Abatement includes, but is not limited to:

3. “Act” means the Lead -- Based Paint-Hazard Act of 2011 codified at Ark. Code Ann. § 20-27-2501, et seq.

4. “Adequate quality control” means a plan or design which ensures the authenticity, integrity, and accuracy of samples, including dust, soil, and paint chip or paint film samples. Adequate quality control also includes provisions for representative sampling.

5. “Administrative Procedure Act” means the Arkansas Administrative Procedure Act codified at Ark. Code Ann. § 25-15-201, et seq.

6. “Arithmetic mean” means the algebraic sum of data values divided by the number of data values (for example, the sum of the concentration of lead in several soil samples divided by the number of samples).

7. “Beginning date” means the calendar date when a lead -- based paint abatement activity project begins (including all on-site worksite preparation).

8. “Board” means the Arkansas State Board of Health.

9. “Certificate” means a document issued by the Department to any individual who complies with all the certification requirements, including proof of passing a licensed lead -- based paint activities training program, or a training program which has been accredited by EPA or a state or Indian Tribal program which has been approved by EPA pursuant to Title 40 (40) of the Code of Federal Rules (CFR) Section 745.324, in the appropriate discipline, payment of the appropriate fee, and proof of passage of the appropriate certification examination -- if required, as set out in this rule.

10. “Certified abatement worker” means an individual who has been trained by a licensed lead -- based paint activities training program, as defined by this rule, or a training program which has been accredited by EPA or a state or Indian Tribal program which has been approved by EPA pursuant to 40 CFR Section 745.324 and the individual has been certified by the Department to perform lead -- based paint abatements. A certified abatement worker must perform lead -- based paint abatements for a licensed contractor or consultant, or as an in-house employee.

11. “Certified inspector” means an individual who has been trained by a licensed training program, as defined by this rule, or a training program which has been accredited by EPA or a state or Indian Tribal program which has been approved by EPA pursuant to 40 CFR Section 745.324 and the individual has been certified by the Department to conduct lead -- based paint inspections. A certified inspector also samples for the presence of lead in dust and soil for the purposes of lead -- based paint abatement clearance testing. A certified inspector must perform lead -- based paint inspections for a licensed contractor or consultant, or as an in-house employee.

12. “Certified project designer” means an individual who has been trained by a licensed training program, as defined by this rule, or a training program which has been accredited by EPA or a state or Indian Tribal program which has been approved by EPA pursuant to 40 CFR Section 745.324 and the individual has been certified by the Department to prepare lead -- based paint abatement project designs, occupant protection plans, and abatement reports. A certified project designer must perform lead -- based paint project designs, occupant protection plans, and abatement reports for a licensed contractor or consultant, or as an in-house employee.

13. “Certified risk assessor” means an individual who has been trained by a licensed training program as defined by this rule, or a training program which has been accredited by EPA or a state or Indian Tribal program which has been approved by EPA pursuant to 40 CFR Section 745.324, and the individual has been certified by the Department to conduct lead -- based paint risk assessments and also sample for the presence of lead in dust and soil for the purpose of abatement clearance testing. A certified risk assessor must perform lead -- based paint risk assessments and sampling for lead in dust and soil for the purposes of abatement clearance testing for a licensed contractor or consultant, or as an in-house employee.

14. “Certified supervisor” means an individual who has been trained by a licensed training program as defined by this rule, or a training program which has been accredited by EPA or a state or Indian Tribal program which has been approved by EPA pursuant to 40 CFR Section 745.324 and the individual has been certified by the Department to conduct and supervise abatements, and to prepare occupant protection plans and abatement reports. A certified supervisor must conduct and supervise lead -- based paint abatements, and must prepare occupant protection plans and abatement reports for a licensed contractor or consultant, or as an in-house employee.

15. “Certification exam” means an examination in which an individual demonstrates proficiency as an inspector, risk assessor, or supervisor. The examination is administered upon proof of passage of the appropriate course, including course exam, and any other requirements. Passage of this examination is required for all new applicants in these disciplines and new applicants will not be approved until proof of passage of this examination.

16. “Chewable surface” means 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 Title 42 (42) United States Code (U.S.C.) Section 4851b(2). Hard metal substrates and other materials that cannot be dented by the bite of a young child are not considered chewable.

17. “Child-occupied facility” means a building or portion of a building constructed prior to 1978, visited regularly by the same child, age six years or younger on at least two different days within any week (Sunday through Saturday period), provided that each day's visit lasts at least three hours and the combined weekly visit lasts at least six hours, and the combined annual visits last at least 60 hours. Child-occupied facilities may include, but are not limited to, day-care centers, preschools and kindergarten classrooms.

18. “Clearance levels” means values that indicate the maximum amount of lead permitted in dust on a surface following completion of a lead -- based paint abatement activity.

19. “Common area” means a portion of a building generally accessible to all occupants including but not limited to hallways, stairways, laundry and recreational rooms, playgrounds, community centers, garages and boundary fences.

20. “Common area group” means a group of common areas that are similar in design, construction, and function. Common area groups include, but are not limited to hallways, stairwells, and laundry rooms.

21. “Component or building component” means specific design or structural elements or fixtures of a building, residential dwelling, or child-occupied facility that are distinguished from each other by form, function and location. These include, but are not limited to, interior components such as: ceilings, crown moldings, walls, chair rails, doors, door trim, floors, fireplaces, radiators, and other heating units, shelves, shelf supports, stair treads, stair risers, stair stringers, newel posts, railing caps, balustrades, windows and trim (including sashes, window heads, jambs, sills, or stools and troughs), built-in cabinets, columns, beams, bathroom vanities, countertops, and air conditioners; and exterior components such as: painted roofing, chimneys, flashing, gutters and down spouts, ceilings, soffits, fascias, rake boards, corner boards, bulkheads, doors and door trim, fences, floors, joists, lattice work, railings and railing caps, siding, handrails, stair risers and treads, stair stringers, columns, balustrades, window sills or stools and troughs, casing, sashes and wells, and air conditioners.

22. “Concentration” means the relative content of a specific substance contained within a larger mass, such as the amount of lead (in micrograms per gram or parts per million by weight) in a sample of dust or soil.

23. “Containment” means a process to protect the environment by controlling exposures to the lead-contaminated dust and debris created during an abatement.

24. “Course agenda” means an outline of the key topics to be covered during a training course, including the time allotted to teach each topic.

25. “Course test” means an evaluation of the overall effectiveness of the training which shall test the trainees' knowledge and retention of the topics covered during the course. The course test is administered by the lead -- based paint activities training provider upon successful completion of the training course. A passing score shall be considered 70 percent.

26. “Course test blueprint” means written documentation identifying the proportion of course test questions devoted to each major topic in the course curriculum.

27. “Department” means the Arkansas Department of Health or its successors.

28. “Deteriorated paint” means any interior or exterior paint or other coating that is peeling, chipping, chalking or cracking, or any paint or coating located on an interior or exterior surface or fixture that is otherwise damaged or separated from the substrate.

29. “Director” means the Director of the Arkansas Department of Health or its successor.

30. “Dripline” means the area within three feet surrounding the perimeter of a building.

31. “Discipline” means one of the specific types or categories of lead -- based paint activities identified in this rule for which individuals may receive training from a licensed training program, an EPA approved lead -- based paint activities training program, or a training program which has been approved by a state or Indian Tribal program approved by EPA, and seek certification from the Department. For example, “abatement worker” is a discipline.

32. “Distinct painting history” means the application history, as indicated by its visual appearance or a record of application, over time, of paint or other surface coatings to a component or room.

33. “Documented methodologies” means methods or protocols used to sample for the presence of lead in paint, dust, and soil. Documented methodologies that are appropriate for this rule are found in the following: the U.S. Department of Housing and Urban Development (HUD), Guidelines for the Evaluation and Control of Lead -- based Paint Hazards in Housing; the EPA Guidance on Residential Lead -- based Paint, Lead-contaminated Dust, Lead-contaminated Soil. 40 F.R. 47248 September, 1995; the EPA Residential Sampling for Lead: Protocols for Dust and Soil Sampling, EPA Report Number 747-R-95-001 (March, 1995) and rules, guidance, methods or protocols issued by a state or Indian Tribe that are authorized by EPA which are submitted to the Director for written approval as provided in this rule.

34. “Dust-lead hazard” means a surface dust in a residential dwelling or child-occupied facility that contains a mass-per-area concentration of lead equal to or exceeding 10 μg/ft² (micrograms per square foot) on floors or 100 μg/ft² on interior window sills based on wipe samples.

35. “Elevated Blood Lead Level” (EBL) means an excessive absorption of lead that is a confirmed concentration of lead in whole blood of 20 μg/dl (micrograms of lead per deciliter of whole blood) for a single venous test or of 15-19 μg/dl in two consecutive tests taken three to four months apart.

36. “Emergency” means an event which may present a danger to human health and the environment if the event does not receive immediate attention.

37. “Encapsulant” means a substance that forms a barrier between lead -- based paint and the environment using a liquid-applied coating (with or without reinforcement materials) or an adhesively bonded covering material.

38. “Encapsulation” means the application of an encapsulant.

39. “Enclosure” means the use of rigid, durable construction materials that are mechanically fastened to the substrate in order to act as a barrier between lead -- based paint and the environment.

40. “Ending date” means the calendar date specified in the Notice of Intent as the date upon which lead -- based paint abatement activities are completed.

41. “EPA” means the Federal Environmental Protection Agency.

42. “Facility” means a child-occupied building or target housing, as defined by this rule.

43. “Firm” means any company, partnership, corporation, sole proprietorship, association, or other business entity, including lead -- based paint contractors and consultants.

44. “F.R.” means Federal Register.

45. “Friction surface” means an interior or exterior surface that is subject to abrasion or friction, including, but not limited to, certain window, floor, and stair surfaces.

46. “Guest instructors” means an individual designated by the training program manager or principal instructor to provide instruction specific to the lecture, hands-on activities, or work practice components of a course.

47. “Good standing” means an applicant shall not have had a certification revoked for an act of bad faith; violation of law, rule, or ethics; and does not hold a suspended or probationary license in a United States' jurisdiction.

48. “Hands-on skills assessment” means an evaluation which tests a trainee's ability to satisfactorily perform the work practices and procedures identified in this rule, as well as any other skill taught in a lead -- based paint training course.

49. “Hazardous waste” means any waste as defined as hazardous waste in 40 CFR Section 261.3.

50. “HUD” means the Federal Department of Housing and Urban Development.

51. “HUD Guidelines” means the Housing and Urban Development's Guidelines for Evaluation and Control of Lead -- based Paint Hazards in Housing.

52. “Impact surface” means an interior or exterior surface that is subject to damage by repeated sudden force such as certain parts of door frames.

53. “In-house” means a permanent employee. (A permanent employee is not an independent contractor employed for purposes of lead -- based paint abatement activities.)

54. “Inspection” means a surface-by-surface investigation to determine the presence of lead -- based paint and the provision of a written report explaining the results of the investigation. Inspections may only be performed by an individual certified as an inspector or risk assessor.

55. “Interim controls” means a set of measures designed to temporarily reduce 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.

56. “Interior window sill” means the portion of the horizontal window ledge that protrudes into the interior of the room.

57. “Lead -- based paint” or “LBP” means paint or other surface coatings that contain lead equal to or in excess of 1.0 mg/cm² (milligrams per square centimeter) or more than 0.5 percent by weight.

58. “Lead -- based paint activities” means, in the case of target housing and child-occupied facilities, inspection, risk assessment, and abatement, as defined by this rule.

59. “Lead -- based paint hazard” means hazardous lead -- based paint, dust-lead hazard or soil-lead hazard as identified in this chapter.

60. “Lead-contaminated dust” means surface dust in target houses or child-occupied facilities that contains an area or mass concentration of lead at or in excess of levels identified by the EPA pursuant to the Federal Toxic Substances Control Act (TSCA) Section 403.

61. “Lead-contaminated soil” means bare soil on target house real property and on the property of a child-occupied facility that contains lead at or in excess of levels identified by the EPA pursuant to TSCA Section 403.

62. “Lead-hazard screen” means a limited risk assessment activity that involves limited paint and dust sampling as described in this rule. A lead-hazard screen may only be performed by an individual certified as a risk assessor.

63. “License” means a document issued by the Department to a lead -- based paint consultant, contractor, or training provider who has been approved by the Department as meeting all of the licensing requirements of this rule.

64. “Licensed consultant” means a firm, partnership, corporation, sole proprietorship, association, or other business entity that performs lead -- based paint activities and has been issued a license by the Department.

65. “Licensed contractor” means a firm, partnership, corporation, sole proprietorship, association, or other business entity that performs lead -- based paint activities and has been issued a license by the Department.

66. “Licensed training provider” means a firm, partnership, corporation, sole proprietorship, association, or other business entity that performs lead -- based paint training for lead -- based paint activities and has been licensed by the Department.

67. “Living area” means any area of a residential dwelling used by one or more children age six or younger, including, but not limited to, living rooms, kitchen areas, dens, play rooms, and children's bedrooms.

68. “Loading” means the quantity of a specific substance present per unit of surface area, such as the amount of lead in micrograms contained in the dust collected from a certain surface area divided by the surface area in square feet or square meters.

69. “Mid-yard” means an area of a residential yard approximately midway between the dripline of a residential building and the nearest property boundary or between the driplines of a residential building and another building on the same property.

70. “Multi-family dwelling” means a structure that contains more than one separate 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.

71. “Notice of Deficiency” or “NOD” means a written document which identifies deficiencies in a Notice of Intent.

72. “Notice of Intent” or “NOI” means a written notice document which provides detailed information, as prescribed by this rule, and filed with the Department, as prescribed by this rule, notifying the Department of lead -- based paint abatement activities.

73. “Notification period” means a set period of time between the submittal of a Notice of Intent and the beginning of lead -- based paint abatement activities (including all on-site worksite preparation).

74. “Occupant protection plan” means a written document which must be prepared by a certified supervisor or certified project designer prior to any lead -- based paint abatement activity which shall describe the measures and management procedures, as set forth in this rule, that will be taken during the abatement to protect the building occupants from exposure to any lead -- based paint hazards.

75. “Paint in poor condition” means more than 10 square feet of deteriorated paint on exterior components with large surface areas; or more than 2 square feet of deteriorated paint on interior components with large surface areas (for example, walls, ceilings, floors, doors); or more than 10 percent of the total surface area of the component is deteriorated on interior or exterior components with small surface areas (window sills, baseboards, soffits, trim).

76. “Paint-lead hazard” means any of the following:

77. Any lead -- based paint on a friction surface that is subject to abrasion and where the lead dust levels on the nearest horizontal surface underneath the friction surface (for example, the window sill, or floor) are equal to or greater than the dust-lead hazard levels defined in this chapter.

78. Any damaged or otherwise deteriorated lead -- based paint on an impact surface that is caused by impact from a related building component (such as a door knob that knocks into a wall or a door that knocks against its door frame).

79. Any chewable lead -- based painted surface on which there is evidence of teeth marks.

80. Any other deteriorated lead -- based paint in any residential building or child-occupied facility or on the exterior of any residential building or child-occupied facility.

81. “Permanently covered soil” means soil which has been separated from human contact by the placement of a barrier consisting of solid, relatively impermeable materials, such as pavement or concrete. Grass, mulch, and other landscaping materials are not considered permanent covering.

82. “Person” means any individual, firm, partnership, association, corporation, natural or judicial person, or any Indian Tribe, state or political subdivision thereof; any interstate body; and any department, agency, or instrumentality of the Federal government.

83. “Play area” means an area of frequent soil contact by children younger than six years of age as indicated by, but not limited to, such factors including the following: the presence of play equipment (for example, sandboxes, swing sets, and sliding boards), toys, or other children's possessions, observations of play patterns, or information provided by parents, residents, care givers, or property owners.

84. “Principal instructor” means the individual who has the primary responsibility for organizing and teaching a particular course.

85. “RCRA” means the Resource Conservation and Recovery Act.

86. “Recognized laboratory” means an environmental laboratory recognized by EPA pursuant to TSCA Section 405(b) as being capable of performing an analysis for lead compounds in paint, soil, and dust.

87. “Reduction” means measures designed to reduce or eliminate human exposure to lead -- based paint hazards through methods including interim controls and abatement.

88. “Residential building” means a building containing one or more residential dwellings.

89. “Residential dwelling” means (1) a detached single-family dwelling unit, including attached structures such as porches and stoops, or (2) 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.

90. “Returning Military Veteran” means a former member of the United States Armed Forces who was discharged from active duty under circumstances other than dishonorable.

91. “Risk assessment” means (1) an on-site investigation to determine the existence, nature, severity, and location of lead -- based paint hazards, and (2) the provision of a written report by the certified risk assessor and the licensed contractor or consultant conducting the risk assessment, explaining the results of the investigation and options for reducing lead -- based paint hazards. Risk assessments may only be performed by individuals certified as risk assessors.

92. “Room” means a separate part of the inside of a building, such as a bedroom, living room, dining room, kitchen, bathroom, laundry room, or utility room. To be considered a separate room, the room must be separated from adjoining rooms by built-in walls or archways that extend at least six inches from an intersecting wall. Half walls or bookcases count as room separators if built-in. Movable or collapsible partitions or partitions consisting solely of shelves or cabinets are not considered built-in walls. A screened in porch that is used as a living area is a room.

93. “Soil-lead hazard” means bare soil on residential real property or on the property of a child-occupied facility that contains total lead equal to or exceeding 400 parts per million or (μg/g) in a play area or average of 1,200 parts per million of bare soil in the rest of the yard based on soil samples.

94. “Soil sample” means a sample collected in a representative location using American Society for Testing and Materials (ASTM) test method E1727, “Standard Practice for Field Collection of Soil Samples for Lead Determination by Atomic Spectrometry Techniques,” or equivalent method.

95. “Substantially similar” or “substantially equivalent” certification means lead based paint activities certification (or equivalent) from a state or tribal program that has been authorized by the EPA pursuant to 40 CFR Part 745.

96. “Target housing” means any housing constructed prior to 1978, except housing for the elderly or persons with disabilities (unless any one or more children age six years or younger resides or is expected to reside in such housing for the elderly or persons with disabilities) or any zero -- bedroom dwelling.

97. “TSCA” means the Federal Toxic Substances Control Act, 15 U.S.C. Sections 2601 to 2692.

98. “Training curriculum” means an established set of course topics for instruction in a licensed training program for a particular discipline designed to provide specialized knowledge and skills.

99. “Training hour” means at least 50 minutes of actual learning, including but not limited to time devoted to lecture, learning activities, small group activities, demonstrations, evaluations, and/or hands-on experience.

100. “Training manager” means the individual responsible for administering a licensed training program and monitoring the performance of principal instructors and guest instructors.

101. “Visual inspection for clearance testing” means the visual examination of a target house or a child-occupied facility following an abatement to determine if the abatement has been successfully completed.

102. “Visual inspection for risk assessment” means the visual examination of a target house or a child-occupied facility to determine the existence of deteriorated lead -- based paint or other potential sources of lead -- based paint hazards.

103. “Weighted arithmetic mean” means the arithmetic mean of sample results weighted by the number of subsamples in each sample. Its purpose is to give influence to a sample relative to the surface area it represents. A single surface sample is comprised of a single subsample. A composite sample may contain from two to four subsamples of the same area as each other and of each single surface sample in the composite. The weighted arithmetic mean is obtained by summing, for all samples, the product of the sample's result multiplied by the number of subsamples in the sample, and dividing the sum by the total number of subsamples contained in all samples. For example, the weighted arithmetic mean of a single surface sample containing 60 μg/ft², a composite sample (three subsamples) containing 100 μg/ft², and a composite sample (4 subsamples) containing 110 μg/ft² is 100 μg/ft². This result is based on the equation [60+(3*100)+(4*110)]/(1+3+4).

104. “Window trough” means, for a typical double-hung window, the portion of the exterior window sill between the interior window sill (or stool) and the frame of the storm window. If there is no storm window, the window trough is the area that receives both the upper and lower window sashes when they are both lowered. The window trough is sometimes referred to as the window “well.”

105. “Wipe sample” means a sample collected by wiping a representative surface of known area, as determined by ASTM test method E1728, “Standard Practice for Field Collection of Settled Dust Samples Using Wipe Sampling Methods for Lead Determination by Atomic Spectrometry Techniques, or equivalent method, with an acceptable wipe material as defined in ASTM test method E1792, “Standard Specification for Wipe Sampling Materials for Lead in Surface Dust.”

106. “μg/dl” means micrograms per deciliter.

107. “μg/ft²” means micrograms per square foot.

108. “μg/g” means micrograms per gram which is equivalent to parts per million.