The following words and terms, when used with these sections, shall have the following meaning.

1. (1) Accessible surface--An interior or exterior surface painted with lead-based paint that is accessible to a young child to mouth or chew.
2. (2) Accredited training program--A training program that has been accredited by the Texas Department of Health (department) to provide training for persons engaged in lead-based paint activities.
3. (3) Act--Senate Bill 544 as amended by House Bill 729, 75th Legislature, 1997, codified at Texas Civil Statutes, Article 9029.
4. (4) Adequate quality control--A plan or design to ensure the authenticity, integrity, and accuracy of lead-based paint samples, including dust, soil, and paint chip or paint film samples. Adequate quality control also includes provisions for representative sampling.
5. (5) Bare soil--Soil not covered with grass, sod, or some other similar vegetation. Bare soil includes sand.
6. (6) Board--The Texas Board of Health.
7. (7) Certified lead abatement project designer--A person who has been certified by the department to prepare lead abatement project designs, occupant protection plans, and abatement reports.
8. (8) Certified lead abatement supervisor--A person who has been certified by the department to supervise and conduct lead abatements, and to prepare occupant protection plans and abatement reports.
9. (9) Certified lead abatement worker--A person who has been certified by the department to perform abatements, as defined by this section.
10. (10) Certified lead firm--A company, contractor, partnership, corporation, sole proprietorship, association, or other business entity that performs lead-based paint activities, and that has been certified by the department.
11. (11) Certified lead inspector--A person who has been certified by the department to conduct lead inspections. Inspectors may also sample dust and soil for the purposes of abatement cleanup and clearance testing.
12. (12) Certified lead risk assessor--A person who has been certified by the department to conduct lead risk assessments, lead inspections and lead hazard screens. Risk assessors may also sample dust and soil for the purposes of lead abatement cleanup and clearance testing.
13. (13) Child-occupied facility--A building, or part of a building, constructed before 1978 that is visited regularly by the same child, six years of age or younger, on at least two different days in any seven-day period beginning on Sunday and ending on Saturday, if each day's visit lasts at least three hours, the combined weekly visits last at least six hours, and the combined annual visits last at least 60 hours. The term may include, but is not limited to, day-care centers, preschools, or kindergarten classrooms.
14. (14) Clearance levels--Values that indicate the maximum amount of lead permitted in dust on a surface following completion of an abatement activity. Clearance levels that are appropriate for the purposes of these regulations may be found in the Environmental Protection Agency Guidance on Residential Lead-Based Paint,Lead-Contaminated Dust, and Lead-Contaminated Soil (60 Federal Register 47248 (1995)).
15. (15) Commissioner--The Texas Commissioner of Health.
16. (16) Common area--A portion of target housing or a child-occupied facility 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.
17. (17) Component or building component--Specific design or structural elements or fixtures of target housing or a 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, fascias, rake boards, cornerboards, 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.
18. (18) Containment--A regulated area that has been sealed and designed to prevent the release of lead-containing dust or materials into surrounding areas.
19. (19) Course agenda--An outline of the key topics to be covered during a training course, including the time allotted to teaching each topic.
20. (20) Course test--An evaluation of the overall effectiveness of the training which shall test the trainees' knowledge and retention of the topics covered during the course.
21. (21) Course test blueprint--Written documentation of the proportion of course test questions devoted to each major topic in the course curriculum.
22. (22) Department--The Texas Department of Health.
23. (23) Deteriorated paint--Paint that is cracking, flaking, chipping, chalking, or peeling from a building component or unit.
24. (24) Discipline--One of the specific types or categories of lead-based paint activities for which individuals may receive training from accredited programs and become certified by the department. For example, "lead worker" is a discipline.
25. (25) Distinct painting history--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.
26. (26) Documented methodologies--Methods or protocols used to sample for the presence of lead in paint, dust, and soil. Documented methodologies may be found in the United States Department of Housing and Urban Development (HUD) Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing (1995); the EPA Guidance on Residential Lead-Based Paint,Lead-Contaminated Dust, and Lead-Contaminated Soil (60 Federal Register 47248 (1995)); the EPA Residential Sampling for Lead: Protocols for Dust and Soil Sampling, EPA report number 747-R-95-001 (March 1995) and other equivalent methods and guidelines approved by EPA and/or HUD.
27. (27) Elevated blood lead level (EBL)--An absorption of lead that is a confirmed concentration of lead in whole blood of 20 mu;g/dl (micrograms of lead per deciliter of whole blood) for a single venous test or of 15-19 mu;g/dl in two consecutive tests taken three to four months apart.
28. (28) ELNS--Environmental Lead Notification Section within the Environmental Lead Branch, Toxic Substances Control Division.
29. (29) Encapsulant--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.
30. (30) Encapsulation--The application of an encapsulant.
31. (31) Enclosure--A process that makes lead-based paint inaccessible by providing a physical barrier that is mechanically attached to a surface.
32. (32) EPA--The United States Environmental Protection Agency.

33. (33) Federal laws and rules--Applicable federal laws and regulations adopted in these sections:

    1. (A) Toxic Substances Control Act (15 United States Code §2681 et seq) Title IV, and the rules adopted by the EPA under that law for authorization of state programs;
    2. (B) Title X, Residential Lead-Based Paint Hazard Reduction Act of 1992, and any regulations or requirements adopted by the HUD regarding eligibility for grants to states and local governments; and
    3. (C) any other requirements adopted by a federal agency with jurisdiction over lead hazards.
34. (34) Friction surface--An interior or exterior surface that is subject to abrasion or friction, including certain window, floor, and stair surfaces.
35. (35) Guest instructor--An individual designated by the training program manager to provide instruction specific to the lecture, hands-on activities, or work practice components of a course.
36. (36) Hands-on skills assessment--An evaluation which tests the trainees' ability to perform satisfactorily the work practices and procedures used by a discipline, as well as any other skills covered in a training course.
37. (37) Historical records--Documentation which identifies the material makeup (including brand, color type, and lead content) and dates of application of paint and other surface coatings.
38. (38) HEPA--A high-efficiency particulate air filter, capable of trapping and retaining 99.97% of mono-dispersed airborne particles 0.3 microns or larger in diameter.
39. (39) HUD--The United States Department of Housing and Urban Development.
40. (40) HVAC--Heating, ventilation, and air conditioning systems.
41. (41) Impact surface--An interior or exterior surface that is subject to damage by repeated impact, for example, certain parts of door frames.
42. (42) Inspection--A surface-by-surface investigation by a certified inspector or a certified risk assessor to determine the presence of lead-based paint including written report explaining the results of the investigation.
43. (43) Interim controls--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.

44. (44) Lead Abatement--

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

       1. (i) the removal of lead-based paint and lead-contaminated dust, the permanent enclosure or encapsulation of lead-based paint, the removal or replacement of lead-painted surfaces or fixtures, and the removal or covering of lead-contaminated soil;
       2. (ii) all preparation, cleanup, disposal, and post-abatement clearance testing activities associated with such measures; and

       3. (iii) abatement projects, which specifically include, but are not limited to:

          1. (I) projects for which there is a written contract or other documentation, which provides that an individual or firm will be conducting activities in or to target housing or child-occupied facilities that:shall result in the permanent elimination of lead-based paint, lead-contaminated dust or soil, and other lead-based paint hazards; or

             (-b-) are described in clauses (i) and (ii) of this subparagraph.

          2. (II) projects involving the permanent elimination of a lead-based paint hazard, lead-based paint, and lead-contaminated dust or soil, conducted by persons certified in accordance with the sections of this undesignated head relating to the certification requirements unless such projects are covered by subparagraph (B) of this definition;
          3. (III) projects involving the permanent elimination of a lead-based paint hazard, lead-based paint, and lead-contaminated dust or soil, conducted by persons who, through their company name or promotional literature, represent, advertise, or hold themselves to be in the business of performing lead-based paint activities as identified and defined by this section, unless such projects are covered by subparagraph (B) of this definition; or
          4. (IV) projects involving the permanent elimination of lead-based paint hazards, lead-based paint, or lead-contaminated dust or soil, that are conducted in response to state or local abatement orders.

    2. (B) Excludes:

       1. (i) renovation, remodeling, or landscaping activities, which 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 incidently result in a reduction or elimination of lead-based paint hazards;
       2. (ii) interim controls, operations and maintenance activities, or other measures and activities designed to temporarily, but not permanently, reduce lead-based paint hazards; and
       3. (iii) demolition of target housing buildings and child-occupied facilities.
45. (45) Lead-based paint--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% by weight.
46. (46) Lead-based paint activity--Inspection, testing, risk assessment, risk reduction, lead abatement project design or planning, abatement, removal or creation of lead-based paint hazards.
47. (47) Lead-based paint hazard--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 EPA pursuant to the Toxic Substances Control Act (TSCA) §403.
48. (48) Lead-contaminated dust--Surface dust in target housing or child-occupied facilities that contains an area or mass concentration of lead at or in excess of levels determined to be hazardous as established by documented methodologies.
49. (49) Lead-contaminated soil--Bare soil at target housing or child-occupied facilities that contains lead at or in excess of levels determined to be hazardous as established by documented methodologies.
50. (50) Lead-hazard screen--An activity conducted by a certified risk assessor that involves limited paint and dust sampling to determine the presence of a lead-based paint hazard.
51. (51) Living area--Areas of a target housing unit or a child-occupied facility used by one or more children six years of age or younger, including, but not limited to, living rooms, kitchen areas, dens, play rooms, and children's bedrooms.
52. (52) Multi-family dwelling--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.
53. (53) OSHA--The Occupational Safety and Health Administration of the United States Department of Labor.
54. (54) Permanently covered soil--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.
55. (55) Person--An individual, corporation, company, contractor, subcontractor, association, firm, partnership, joint stock company, foundation, institution, trust, society, union, governmental entity, or any other association of individuals.
56. (56) Principal instructor--The individual who has the primary responsibility for organizing and teaching a particular course.
57. (57) Recognized laboratory--An environmental laboratory recognized by EPA, pursuant to the Toxic Substances Control Act (TSCA) §405(b), as being capable of performing an analysis for lead content in materials, including paint, soil, and dust.
58. (58) Reduction--Any measures designed to reduce or eliminate human exposure to lead-based paint hazards through methods including, but not limited to, interim controls and abatement.

59. (59) Residential dwelling--A dwelling that is:

    1. (A) a detached single family dwelling unit, including attached structures such as porches and stoops; or
    2. (B) 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.

60. (60) Risk assessment--An assessment consists of:

    1. (A) an on-site investigation conducted by a certified risk assessor to determine the existence, nature, severity, and location of lead-based paint hazards; and
    2. (B) a written report by the person or the firm conducting the risk assessment, explaining the results of the investigation and options for reducing lead-based paint hazards.
61. (61) Room--An enclosed or semi-enclosed living space within a residential dwelling.
62. (62) Target housing--Any housing constructed prior to 1978, except housing for the elderly or persons with disabilities (unless any child who is six years of age or younger resides or is expected to reside in such housing) or any zero-bedroom dwelling. As defined in this section, target housing includes the terms residential dwelling, multi-family dwelling, and unit.
63. (63) Testing--The collection of paint samples for lead analysis by an EPA recognized laboratory or the use of an XRF for determining the presence of lead.
64. (64) Training curriculum--An established set of course topics for instruction in an accredited training program for a particular discipline designed to provide specialized knowledge and skills.
65. (65) Training hour--At least 50 minutes of actual teaching, including, but not limited to, time devoted to lecture, learning activities, small group activities, demonstrations, evaluations, and/or hands-on experience.
66. (66) Training manager--The individual responsible for administering a training program and monitoring the performance of principal instructors and guest instructors.
67. (67) TSCA--Toxic Substances Control Act (15 United States Code §2681 et seq) Title IV.
68. (68) Unit--A room or connected group of rooms used or intended to be used by a single tenant or owner.
69. (69) Visual inspection for clearance testing--The visual examination of a residential dwelling or a child-occupied facility following an abatement to determine whether or not the abatement has been successfully completed, as indicated by the absence of visible residue, dust, and debris.
70. (70) Visual inspection for risk assessment--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.
71. (71) X-Ray Fluorescence Analyzer (XRF)--An instrument used to determine the concentration of lead in a sample; readings are in milligrams per square centimeter (mg/cm[sup]2[/sup]).
72. (72) Zero-bedroom dwelling--Any residential dwelling in which the living area is not separated from the sleeping area. The term includes, but is not limited to, efficiencies, studio apartments, dormitory housing, military barracks, and rental of individual rooms in residential dwellings.

Source Note:The provisions of this §295.202 adopted to be effective February 19, 1996, 21 TexReg 968; amended to be effective May 10, 1998, 23 TexReg 4280.