11 Miss. Code. R. 2-9.2 - Definitions

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

(1) The removal of lead-based paint and lead-contaminated dust, the permanent enclosure or encapsulation of lead-based paint, the replacement of lead-painted surfaces or fixtures, and the removal or covering of lead-contaminated soil; and

(2) All preparation, cleanup, disposal, and post-abatement clearance testing activities associated with such measures.

(3) Specifically, abatement includes, but is not limited to:

(a) Projects for which there is a written contract or other documentation, which provides that a person will be conducting activities in or to a residential dwelling or child-occupied facility that will result in the permanent elimination of lead-based paint hazards; or are designed to permanently eliminate lead-based paint hazards as defined in this rule.

(b) Projects resulting in the permanent elimination of lead-based paint hazards, conducted by persons certified in accordance with Rule 9.4, unless such projects are covered by paragraph (3)(d) of this definition;

(c) Projects resulting in the permanent elimination of lead-based paint hazards, conducted by persons who, through their company name or promotional literature, represent, advertise, or hold themselves out to be in the business of performing lead-based paint activities as identified and defined by this rule, unless such projects are covered by paragraph (3)(d) of this definition; or

(d) Projects resulting in the permanent elimination of lead-based paint hazards that are conducted in response to state or local abatement orders.

(4) Abatement does not include renovation, remodeling, painting or repainting, landscaping or other activities, when such activities are not designed to permanently eliminate lead-based paint hazards, but, instead, are designed to repair, restore, or remodel a given structure or dwelling, even though these activities may incidentally result in a reduction or elimination of lead-based paint hazards. Furthermore, abatement does not include interim controls, operations and maintenance activities, or other measures and activities designed to temporarily, but not permanently, reduce lead-based paint hazards.

B. "Accredited training program" means a training program that has been accredited by either: the Commission, the United States Environmental Protection Agency (EPA), or an EPA-approved lead-based paint program in a state or tribe with reciprocity agreements with the Commission to provide training for individuals engaged in lead-based paint activities.

C. "Adequate quality control" means a plan or design to ensure 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.

D. "Administrator" means the Administrator of the Environmental Protection Agency.

E. "Certificate" means a document authorizing a person to perform lead-based paint activities as described in these regulations.

F. "Child-occupied facility", as the term applies to abatements, means a building or portion of a building constructed prior to 1978, visited regularly by the same child, 6 years of age or under, on at least two different days within any week (Sunday through Saturday period), provided that each day's visit lasts at least 3 hours and the combined weekly visit lasts at least 6 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.

G. "Child-occupied facility", as the term applies to renovations, means a building, or portion of a building, constructed prior to 1978, visited regularly by the same child, under 6 years of age, on at least two different days within any week (Sunday through Saturday period), provided that each day's visit lasts at least 3 hours and the combined weekly visits last at least 6 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. Child-occupied facilities may be located in target housing or in public or commercial buildings. With respect to common areas in public or commercial buildings that contain child-occupied facilities, the child-occupied facility encompasses only those common areas that are routinely used by children under age 6, such as restrooms and cafeterias. Common areas that children under age 6 only pass through, such as hallways, stairways, and garages are not included. In addition, with respect to exteriors of public or commercial buildings that contain child-occupied facilities, the child-occupied facility encompasses only the exterior sides of the building that are immediately adjacent to the child-occupied facility or the common areas routinely used by children under age 6.

H. "Clearance levels" are values that indicate the maximum amount of lead permitted in dust on a surface following completion of an abatement or renovation activity.

I. "Cleaning verification card" means a card developed and distributed, or otherwise approved, by EPA for the purpose of determining, through comparison of wet and dry disposable cleaning cloths with the card, whether post-renovation cleaning has been properly completed.

J. "Commission" means the Mississippi Commission on Environmental Quality.

K. "Common area" means a portion of a building that is generally accessible to all occupants. Such an area may include, but is not limited to, hallways, stairways, laundry and recreational rooms, playgrounds, community centers, garages, and boundary fences.

L. "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 molding, 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, counter tops, and air conditioners; and exterior components such as: painted roofing, chimneys, flashing, gutters and downspouts, ceilings, soffits, fasciae, 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, casings, sashes and wells, and air conditioners.

M. "Containment" means a process to protect workers and the environment by controlling exposures to the lead-contaminated dust and debris created during an abatement or renovation. The containment must be constructed such that no dust or debris is permitted to leave the work area.

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

O. "Course test" means an evaluation of the overall effectiveness of the training which shall test the trainee's knowledge and retention of the topics covered during the course.

P. "Course test blue print" means written documentation identifying the proportion of course test questions devoted to each major topic in the course curriculum.

Q. "Department" means the Mississippi Department of Environmental Quality.

R. "Deteriorated paint" means paint that is cracking, flaking, chipping, peeling, or otherwise separating from the substrate of a building component or unit.

S. "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 accredited programs and become certified by the Commission. For example, "worker" is a discipline.

T. "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, room, or unit of a building structure.

U. "Documented methodologies" are methods or protocols used to sample for the presence of lead in paint, dust, and soil.

V. "Dry disposable cleaning cloth" means a commercially available dry, electrostatically charged, white disposable cloth designed to be used for cleaning hard surfaces such as uncarpeted floors or counter tops.

W. "Dust sampling technician" means an individual employed to perform dust clearance sampling.

X. "Elevated blood lead level (EBL)" means an excessive absorption of lead as determined by the United States Department of Health and Human Services; Centers for Disease Control and Prevention.

Y. "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.

Z. "Encapsulation" means the application of an encapsulant.

AA. "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.

BB. "EPA" means the United States Environmental Protection Agency.

CC. "Executive Director" means the Executive Director of the Mississippi Department of Environmental Quality.

DD. "Firm" means a company, partnership, corporation, sole proprietorship or individual doing business, association, or other business entity that performs or offers to perform lead-based paint activities. This term also includes a Federal, State, Tribal, or local government agency, or a nonprofit organization that performs or offers to perform lead-based paint activities.

EE. "Guest instructor" 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.

FF. "HEPA vacuum" means a vacuum cleaner which has been designed with a high-efficiency particulate air (HEPA) filter as the last filtration stage. A HEPA filter is a filter that is capable of capturing particles of 0.3 microns with 99.97[CENT] efficiency. The vacuum cleaner must be designed so that all the air drawn into the machine is expelled through the HEPA filter with none of the air leaking past it. HEPA vacuums must be operated and maintained in accordance with the manufacturers' instructions.

GG. "Hands-on skills assessment" means an evaluation which tests the trainees' ability to satisfactorily perform the work practices and procedures identified in Rule 9.3.D, as well as any other skills taught in a training course.

HH. "Inspection" means a surface-by-surface investigation to determine the presence of lead-based paint and the provision of a report explaining the results of the investigation.

II. "Inspector" means an individual employed to inspect or reinspect for the presence of lead-based paint, to collect samples for the presence of lead in dust and soil for the purposes of abatement and renovation clearance testing and to prepare inspection reports.

JJ. "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.

KK. "Lead-based paint" means paint or other surface coatings that contain lead equal to or in excess of 1.0 milligrams per square centimeter or more than 0.5 percent by weight.

LL. "Lead-based paint activities" means, in the case of target housing and child-occupied facilities, inspection, risk assessment, renovation, and abatement, as defined in this rule.

MM. "Lead-based paint hazard" means any 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 that would result in adverse human health effects as identified by the Department pursuant to the federal Toxic Substances Control Act (TSCA) Section 403.

NN. "Lead-contaminated dust" means surface dust in residential dwellings, or child-occupied facilities that contains an area or mass concentration of lead at or in excess of levels identified by the Department pursuant to TSCA Section 403.

OO. "Lead-contaminated soil" means bare soil on residential real property and on the property of a child-occupied facility that contains lead at or in excess of levels identified by the Department pursuant to TSCA Section 403.

PP. "Lead-hazard screen" is a limited risk assessment activity that involves limited paint and dust sampling as described in Rule 9.5.C.

QQ. "Living area", involving abatement activities, means any area of a residential dwelling used by one or more children age 6 and under, including, but not limited to, living rooms, kitchen areas, dens, play rooms, and children's bedrooms

RR. "Living area", in the case of renovations, means any area of a residential dwelling used by one or more children age 5 or under, including, but not limited to, living rooms, kitchen areas, dens, play rooms, and children's bedrooms.

SS. "Minor repair and maintenance activities" are activities including minor heating, ventilation or air conditioning work, electrical work, and plumbing, that disrupts 6 square feet or less of painted surface per room for interior activities or 20 square feet or less of painted surface for exterior activities where none of the work practices prohibited or restricted by paragraph F.(2)(a)(3) of Rule 9.5 are used and where the work does not involve window replacement or demolition of painted surface areas. When removing painted components, or portions of painted components, the entire surface area removed is the amount of painted surface disturbed. Jobs, other than emergency renovations, performed in the same room within the same 30 days must be considered the same job for the purpose of determining whether the job is a minor repair and maintenance activity.

TT. "Multi-family dwelling" means 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.

UU. "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 (e.g., 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).

VV. "Painted surface" means a component surface covered in whole or in part with paint or other surface coatings.

WW. "Pamphlet" means the EPA pamphlet titled Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools developed under Section 406(a) of TSCA for use in complying with Section 406(b) of TSCA, or any State or Tribal pamphlet approved by EPA pursuant to 40 CFR 745.326 that is developed for the same purpose. This includes reproductions of the pamphlet when copied in full and without revision or deletion of material from the pamphlet (except for the addition or revision of state or local sources of information). Before December 7, 2008, the term "pamphlet" also meant any pamphlet developed by EPA under Section 406(a) of TSCA or any State or Tribal pamphlet approved by EPA pursuant to 40 CFR 745.326.

XX. "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.

YY. "Person" means any natural or judicial person including any individual corporation, partnership, or association; any Indian Tribe, State, or political subdivision thereof; any interstate body; and any department, agency, or instrumentality of the Federal Government.

ZZ. "Principal instructor" means the individual who has the primary responsibility for organizing and teaching a particular course.

AAA. "Project designer" means an individual employed to prepare abatement project designs, occupant protection plans and abatement project reports.

BBB. "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.

CCC. "Recognized test kit" means a commercially available kit recognized by EPA under 40 CFR 745.88 as being capable of allowing a user to determine the presence of lead at levels equal to or in excess of 1.0 milligrams per square centimeter, or more than 0.5[CENT] lead by weight, in a paint chip, paint powder or painted surface.

DDD. "Reduction" means measures designed to reduce or eliminate human exposure to lead-based paint hazards through methods including interim controls, and abatement.

EEE. "Renovation" means the modification of any existing structure, or portion thereof, that results in the disturbance of painted surfaces, unless that activity is performed as part of an abatement as defined by this regulation. 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 activity (such as sanding, scraping, or other such activities that 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, planing thresholds to install weather-stripping) and interim controls that disturb painted surfaces. A renovation performed for the purpose of converting a building, or part or a building, into target housing or a child-occupied facility is a renovation under this rule. The term renovation does not include minor repair and maintenance activities.

FFF. "Renovator" means an individual who either performs or directs workers who perform renovations. A certified renovator is a renovator who has successfully completed a renovator course accredited by EPA or an EPA-authorized State or Tribal program and has been certified to perform renovations in the State of Mississippi.

GGG. "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.

HHH. "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 report by the person conducting the risk assessment, explaining the results of the investigation and options for reducing lead-based paint hazards.

III. "Risk assessor" means an individual employed to conduct risk assessments and lead hazard screens, to prepare inspection reports and to collect samples for the presence of lead in dust and soil for the purposes of abatement and renovation clearance testing.

JJJ. "Room" means an enclosed or semi-enclosed living space within a residential dwelling or a child-occupied facility.

KKK. "Supervisor" means an individual designated by a contractor or certified firm to be responsible for the direction and conduct of lead-based paint abatement activities and to prepare occupant protection plans and abatement reports.

LLL. "Target housing", as the term applies to abatement activities, means any housing constructed prior to 1978, except housing for the elderly or persons with disabilities (unless any one or more children age 6 years or under resides or is expected to reside in such housing for the elderly or persons with disabilities) or any zero-bedroom dwelling.

MMM. "Target housing" as the term applies to renovations, means any housing constructed before 1978, except housing for the elderly or persons with disabilities (unless any one or more children under the age of 6 years resides or is expected to reside in that housing for the elderly or persons with disabilities) or any zero-bedroom dwelling.

NNN. "Training curriculum" means an established set of course topics for instruction in an accredited training program for a particular discipline designed to provide specialized knowledge and skills.

OOO. "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.

PPP. "Training manager" means the individual responsible for administering a training program and monitoring the performance of principal instructors and guest instructors.

QQQ. "Vertical containment" means a vertical barrier consisting of plastic sheeting or other impermeable material over scaffolding or a rigid frame, or an equivalent system of containing the work area. Vertical containment is required for some exterior renovations but it may be used on any renovation.

RRR. "Visual inspection for clearance testing" means the visual examination of a residential dwelling or a child-occupied facility following an abatement or renovation to determine whether or not the abatement or renovation has been successfully completed.

SSS. "Visual inspection for risk assessment" means the visual examination of a residential dwelling or a child-occupied facility to determine the existence of deteriorated lead-based paint or other potential sources of lead-based paint hazards.

TTT. "Wet disposable cleaning cloth" means a commercially available, pre-moistened, white disposable cloth designed to be used for cleaning hard surfaces such as uncarpeted floors or counter tops.

UUU. "Wet mopping system" means a device with the following characteristics: A long handle, a mop head designed to be used with disposable absorbent cleaning pads, a reservoir for cleaning solution, and a built-in mechanism for distributing or spraying the cleaning solution onto a floor, or a method of equivalent efficacy.

VVV. "Work area" means the area that the certified renovator establishes to contain the dust and debris generated by a renovation.

WWW. "Worker", as the term applies to abatements, means an individual certified as a worker to work on abatement projects.

XXX. "Worker", as the term applies to renovations, means an individual trained by a certified renovator to work on a renovation project.

Notes

11 Miss. Code. R. 2-9.2

Miss. Code Ann. §§ 49-17-501, et seq., 49-2-1, et seq. and 49-17-1, et seq.