1. (a) In 8 AAC 61.800 - 8 AAC 61.890,

   1. (1) "commissioner" means the commissioner of the Department of Labor and Workforce Development or the commissioner's designee;
   2. (2) "department" means the Department of Labor and Workforce Development;
   3. (3) "hazardous paints" means paints that contain or are combined with a toxic or hazardous substance, as defined in AS 18.60.105, and that are used in vaporized, liquid, or particulate form to create a coating that will adhere to a surface to protect or preserve the surface; "hazardous paints" do not include water-based paints that do not contain emulsion epoxies or isocyanates.

2. (b) As defined in AS 18.63.100, "professional painter"

   1. (1) includes

      1. (A) a person who is performing painting work subject to the contractor registration requirements of AS 08.18;
      2. (B) a person who is employed as a painter; and
      3. (C) a person who spends more than 48 hours in any 30-day period performing painting work;

   2. (2) does not include

      1. (A) a person who performs painting on an incidental basis; and
      2. (B) a person who is a corporate officer or employee of a contractor engaged in the business of painting, but who does not supervise painting operations or handle and apply paints.
3. (c) As used in 8 AAC 61.800 - 8 AAC 61.890 and in AS 18.63, "perform" and "performing" include direct supervision.

(Eff. 5/14/89, Register 110)