§ 5903. Definitions
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and Safety
35 P.S. § 5903
§ 5903. Definitions
The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:
“Abatement.” Any set of measures designed to eliminate or reduce lead-based paint hazards in accordance with standards established by the Environmental Protection Agency. The term includes all of the following:
(4) Abatement does not include renovation and remodeling or landscaping activities by contractors whose primary intent is not to permanently eliminate or reduce lead-based paint hazards, but is instead to repair, restore or remodel a given structure or dwelling, nor does it include renovation and remodeling activities conducted by homeowners in their homes.
“Accessible surface.” An interior or exterior surface painted with lead-based paint that is accessible for a young child to mouth or chew.
“CDC.” The United States Centers for Disease Control and Prevention.
“Certified contractor.” A person, firm, company or institution which has been approved by the Department of Labor and Industry to perform lead-based paint activities in this Commonwealth.
“Children.” Individuals who are under six years of age.
“Commercial building.” A building constructed for the purpose of commercial or industrial activity and not primarily intended for use by the general public, including, but not limited to, office complexes, industrial buildings, warehouses, factories and storage facilities.
“Deleading.” Activities conducted by a person who offers to eliminate or reduce lead-based paint or lead-based paint hazards or to plan such activities.
“Demolition.” Pulling down or completely destroying a building or structure or substantial removal of building elements.
“Department.” The Department of Labor and Industry of the Commonwealth.
“Discipline.” A classification for a specific lead hazard activity.
“EPA.” The Environmental Protection Agency.
“Friction surface.” An interior or exterior surface that is subject to abrasion or friction. The term includes, but is not limited to, certain window, floor and stair surfaces.
“Hazard activities.” Any set of measures designed to eliminate or reduce lead hazards in accordance with standards established by the Environmental Protection Agency and other Federal agencies.
“Hazardous condition.” Any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil or a lead-contaminated 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 administrator of the Environmental Protection Agency under section 403 of the Toxic Substances Control Act (Public Law 94-469, 15 U.S.C. § 2683).
“HUD.” The Department of Housing and Urban Development.
“Impact surface.” An interior or exterior surface that is subject to damage by repeated impacts, for example, certain parts of door frames.
“Inspector-risk assessor.” A person trained and certified to perform all activities of the inspector-technician, as well as to identify the presence of lead-based paint and to collect additional information designed to assess the level of risk to residents of target housing.
“Inspector-technician.” A person trained and certified to perform inspections solely for the purpose of determining the presence of lead-based paint through the use of onsite testing, such as XRF analysis, and the collection of samples for laboratory analysis.
“Lead-based paint.” Paint or other surface coatings that contain lead in excess of the most current Department of Housing and Urban Development standards or, in the case of paint or other surface coatings on target housing, such lower level as may be established by the Secretary of Housing and Urban Development under the Lead-Based Paint Poisoning Prevention Act (Public Law 91-695, 42 U.S.C. § 4822(c)).
“Lead-based paint activities.”
“Lead-based paint hazard.” A condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil or lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces or impact surfaces, which exposure would result in adverse human health effects as established by the Department of Labor and Industry.
“OSHA.” The Occupational Safety and Health Administration.
“Person.” Any of the following:
“Planner-project designer.” A person trained and certified to plan and design lead-based paint activities.
“Public building.” Any building constructed prior to 1978 which is generally open to the public or occupied or visited by children. The term includes, but is not limited to, schools, day-care centers, museums, airport terminals, hospitals, stores, restaurants, office buildings, convention centers and government buildings. The term excludes target housing.
“Renovation and remodeling activities.” Activities whose primary intent is not to permanently eliminate or reduce lead-based paint hazards, but is instead to repair, restore or remodel a given structure or dwelling.
“Risk assessment.” Onsite investigation to determine and report the existence, nature, severity and location of lead hazards in residential dwellings, including all of the following:
“Secretary.” The Secretary of Labor and Industry of the Commonwealth.
“Superstructure.” A large steel or other industrial structure, such as, but not limited to, a bridge or water tower, which might contain lead-based materials.
“Supervisor.” A person trained and certified to oversee lead-based paint activities on target housing and public and commercial building job sites.
“Target housing.” Any housing constructed prior to 1978 or any zero-bedroom dwelling. The term excludes housing for the elderly or persons with disabilities unless any child who is less than six years of age resides or is expected to reside in such housing.
“XRF analyzer.” A machine that utilizes X-Ray Fluorescence (XRF) to test for the presence of lead-based paint.
1995, July 6, P.L. 291, No. 44, § 3, effective in 180 days.
35 P.S. § 5903, PA ST 35 P.S. § 5903
Current through 2023 Regular Session Act 32. Some statute sections may be more current, see credits for details.
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