North Carolina § 130A-131 - 7. (Effective until December 1, 2021) Definitions.

§ 130A-131. 7. (Effective until December 1, 2021) Definitions.

The following definitions apply in this Part: "Abatement" means undertaking any of the following measures to eliminate a lead-based paint hazard: Removing lead-based paint from a surface and repainting the surface. Removing a component, such as a windowsill, painted with lead-based paint and replacing the component. Enclosing a surface painted with lead-based paint with paneling, vinyl siding, or another approved material. Encapsulating a surface painted with lead-based paint with a sealant. Any other measure approved by the Commission. "Child-occupied facility" means a building, or portion of a building, constructed before 1978, regularly visited by a child who is less than six years of age. Child-occupied facilities may include, but are not limited to, child care facilities, preschools, nurseries, kindergarten classrooms, schools, clinics, or treatment centers including the common areas, the grounds, any outbuildings, or other structures appurtenant to the facility. "Confirmed lead poisoning" means a blood lead concentration of 10 micrograms per deciliter or greater determined by the lower of two consecutive blood tests within a 12-month period. "Department" means the Department of Environmental Quality or its authorized agent. "Elevated blood lead level" means a blood lead concentration of five micrograms per deciliter or greater determined by the lower of two consecutive blood tests within a 12-month period. "Lead-based paint hazard" means a condition that is likely to result in exposure to lead-based paint or to soil or dust that contains lead at a concentration that constitutes a lead poisoning hazard. "Lead poisoning hazard" means any of the following: Any lead-based paint or other substance that contains lead in an amount equal to or greater than 1.0 milligrams lead per square centimeter as determined by X-ray fluorescence or five-tenths of a percent (0.5%) lead by weight as determined by chemical analysis: (i) on any readily accessible substance or chewable surface on which there is evidence of teeth marks or mouthing; or (ii) on any other deteriorated or otherwise damaged interior or exterior surface. Any substance that contains lead intended for use by children less than six years of age in an amount equal to or greater than 0.06 percent (0.06%) lead by weight as determined by chemical analysis. Any concentration of lead dust that is equal to or greater than 40 micrograms per square foot on floors or 250 micrograms per square foot on interior windowsills, vinyl miniblinds, bathtubs, kitchen sinks, or lavatories. Any lead-based paint or other substance that contains lead on a friction or impact surface that is subject to abrasion, rubbing, binding, or damage by repeated contact and where the lead dust concentrations on the nearest horizontal surface underneath the friction or impact surface are equal to or greater than 40 micrograms per square foot on floors or 250 micrograms per square foot on interior windowsills. Any concentration of lead in bare soil in play areas, gardens, pet sleeping areas, and areas within three feet of a residential housing unit or child-occupied facility equal to or greater than 400 parts per million. Any concentration of lead in bare soil in other locations of the yard equal to or greater than 1,200 parts per million. Any ceramic ware generating equal to or greater than three micrograms of lead per milliliter of leaching solution for flatware or 0.5 micrograms of lead per milliliter for cups, mugs, and pitchers as determined by Method 973.32 of the Association of Official Analytical Chemists. Any concentration of lead in drinking water equal to or greater than 15 parts per billion. "Lead-safe housing" is housing that was built since 1978 or has been tested by a person that has been certified to perform risk assessments and found to have no lead-based paint hazard within the meaning of the Residential Lead-Based Paint Reduction Act of 1992, 42 U.S.C. § 4851b(15). "Maintenance standard" means the following: Using safe work practices, repairing and repainting areas of deteriorated paint inside a residential housing unit and for single-family and duplex residential dwelling built before 1950, repairing and repainting areas of deteriorated paint on interior and exterior surfaces; Cleaning the interior of the unit to remove dust that constitutes a lead poisoning hazard; Adjusting doors and windows to minimize friction or impact on surfaces; Subject to the occupant's approval, appropriately cleaning any carpets; Taking such steps as are necessary to ensure that all interior surfaces on which dust might collect are readily cleanable; and Providing the occupant or occupants all information required to be provided under the Residential Lead-Based Paint Hazard Reduction Act of 1992, and amendments thereto. "Managing agent" means any person who has charge, care, or control of a building or part thereof in which dwelling units or rooming units are leased. , (12) Repealed by Session Laws 2003-150, s. 1, effective July 1, 2003. Removing lead-based paint from a surface and repainting the surface. Removing a component, such as a windowsill, painted with lead-based paint and replacing the component. Enclosing a surface painted with lead-based paint with paneling, vinyl siding, or another approved material. Encapsulating a surface painted with lead-based paint with a sealant. Any other measure approved by the Commission. Any ceramic ware generating equal to or greater than three micrograms of lead per milliliter of leaching solution for flatware or 0.5 micrograms of lead per milliliter for cups, mugs, and pitchers as determined by Method 973.32 of the Association of Official Analytical Chemists. Any concentration of lead in drinking water equal to or greater than 10 parts per billion. (13) "Readily accessible substance" means any substance that can be ingested or inhaled by a child less than six years of age or by a pregnant woman. Readily accessible substances include deteriorated paint that is peeling, chipping, cracking, flaking, or blistering to the extent that the paint has separated from the substrate. Readily accessible substances also include soil, water, toys, vinyl miniblinds, bathtubs, lavatories, doors, door jambs, stairs, stair rails, windows, interior windowsills, baseboards, and paint that is chalking. (14) "Regularly visits" means the presence at a residential housing unit or child-occupied facility on at least two different days within any week, provided that each day's visit lasts at least three hours and the combined weekly visits last at least six hours, and the combined annual visits last at least 60 hours. (15) "Remediation" means the elimination or control of lead poisoning hazards by methods approved by the Department. (16) "Residential housing unit" means a dwelling, dwelling unit, or other structure, all or part of which is designed or used for human habitation, including the common areas, the grounds, any outbuildings, or other structures appurtenant to the residential housing unit. (17) "Supplemental address" means a residential housing unit or child-occupied facility where a child with confirmed lead poisoning regularly visits or attends. Supplemental address also means a residential housing unit or child-occupied facility where a child resided, regularly visited, or attended within the six months immediately preceding the determination of confirmed lead poisoning. History (1997-443, ss. 11A.123, 15.30(b); 1998-209, s. 2; 2003-150, s. 1; 2015-241, s. 14.30(u); 2017-57, s. 11E.6(b).) Editor's Note. - Session Laws 2017-57, s. 11E.6(a), provides: "It is the intent of the State to protect young children and pregnant women from being exposed to high levels of lead that can cause substantial harm to their normal neurological development and to ensure important intervention services, including required remediation of lead hazards, will be provided to children and pregnant women whose health is threatened by lead exposure." Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'" Session Laws 2017-57, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium." Session Laws 2017-57, s. 39.6, is a severability clause. Effect of Amendments. - Session Laws 2015-241, s. 14.30(u), effective July 1, 2015, substituted "Department of Environmental Quality" for "Department of Environment and Natural Resources" in subdivision (4). Session Laws 2017-57, s. 11E.6(b), effective July 1, 2017, in subdivision (3), substituted "10 micrograms" for "20 micrograms" and substituted "12-month" for "six-month"; substituted "12-month" for "six-month" in subdivision (5), substituted "five micrograms" for "10 micrograms" and substituted "age or by a pregnant woman" for "age" in the first sentence of subdivision (13). § 130A-131.7. Definitions. The following definitions apply in this Part: (1) "Abatement" means undertaking any of the following measures to eliminate a lead-based paint hazard: (2) "Child-occupied facility" means a building, or portion of a building, constructed before 1978, regularly visited by a child who is less than six years of age. Child-occupied facilities may include, but are not limited to, child care facilities, preschools, nurseries, kindergarten classrooms, schools, clinics, or treatment centers including the common areas, the grounds, any outbuildings, or other structures appurtenant to the facility. (3) "Confirmed lead poisoning" means a blood lead concentration of 10 micrograms per deciliter or greater determined by the lower of two consecutive blood tests within a 12-month period. (4) "Department" means the Department of Environmental Quality or its authorized agent. (5) "Elevated blood lead level" means a blood lead concentration of five micrograms per deciliter or greater determined by the lower of two consecutive blood tests within a 12-month period. (6) "Lead-based paint hazard" means a condition that is likely to result in exposure to lead-based paint or to soil or dust that contains lead at a concentration that constitutes a lead poisoning hazard. (7) "Lead poisoning hazard" means any of the following: a. Any lead-based paint or other substance that contains lead in an amount equal to or greater than 1.0 milligrams lead per square centimeter as determined by X-ray fluorescence or five-tenths of a percent (0.5%) lead by weight as determined by chemical analysis: (i) on any readily accessible substance or chewable surface on which there is evidence of teeth marks or mouthing; or (ii) on any other deteriorated or otherwise damaged interior or exterior surface. b. Any substance that contains lead intended for use by children less than six years of age in an amount equal to or greater than 0.06 percent (0.06%) lead by weight as determined by chemical analysis. c. Any concentration of lead dust that is equal to or greater than 40 micrograms per square foot on floors or 250 micrograms per square foot on interior windowsills, vinyl miniblinds, bathtubs, kitchen sinks, or lavatories. d. Any lead-based paint or other substance that contains lead on a friction or impact surface that is subject to abrasion, rubbing, binding, or damage by repeated contact and where the lead dust concentrations on the nearest horizontal surface underneath the friction or impact surface are equal to or greater than 40 micrograms per square foot on floors or 250 micrograms per square foot on interior windowsills. e. Any concentration of lead in bare soil in play areas, gardens, pet sleeping areas, and areas within three feet of a residential housing unit or child-occupied facility equal to or greater than 400 parts per million. Any concentration of lead in bare soil in other locations of the yard equal to or greater than 1,200 parts per million. (8) "Lead-safe housing" is housing that was built since 1978 or has been tested by a person that has been certified to perform risk assessments and found to have no lead-based paint hazard within the meaning of the Residential Lead-Based Paint Reduction Act of 1992, 42 U.S.C. § 4851b(15). (9) "Maintenance standard" means the following: a. Using safe work practices, repairing and repainting areas of deteriorated paint inside a residential housing unit and for single-family and duplex residential dwelling built before 1950, repairing and repainting areas of deteriorated paint on interior and exterior surfaces; b. Cleaning the interior of the unit to remove dust that constitutes a lead poisoning hazard; c. Adjusting doors and windows to minimize friction or impact on surfaces; d. Subject to the occupant's approval, appropriately cleaning any carpets; e. Taking such steps as are necessary to ensure that all interior surfaces on which dust might collect are readily cleanable; and f. Providing the occupant or occupants all information required to be provided under the Residential Lead-Based Paint Hazard Reduction Act of 1992, and amendments thereto. (10) "Managing agent" means any person who has charge, care, or control of a building or part thereof in which dwelling units or rooming units are leased. (11), (12) Repealed by Session Laws 2003-150, s. 1, effective July 1, 2003. (13) "Readily accessible substance" means any substance that can be ingested or inhaled by a child less than six years of age or by a pregnant woman. Readily accessible substances include deteriorated paint that is peeling, chipping, cracking, flaking, or blistering to the extent that the paint has separated from the substrate. Readily accessible substances also include soil, water, toys, vinyl miniblinds, bathtubs, lavatories, doors, door jambs, stairs, stair rails, windows, interior windowsills, baseboards, and paint that is chalking. (14) "Regularly visits" means the presence at a residential housing unit or child-occupied facility on at least two different days within any week, provided that each day's visit lasts at least three hours and the combined weekly visits last at least six hours, and the combined annual visits last at least 60 hours. (15) "Remediation" means the elimination or control of lead poisoning hazards by methods approved by the Department. (16) "Residential housing unit" means a dwelling, dwelling unit, or other structure, all or part of which is designed or used for human habitation, including the common areas, the grounds, any outbuildings, or other structures appurtenant to the residential housing unit. (17) "Supplemental address" means a residential housing unit or child-occupied facility where a child with confirmed lead poisoning regularly visits or attends. Supplemental address also means a residential housing unit or child-occupied facility where a child resided, regularly visited, or attended within the six months immediately preceding the determination of confirmed lead poisoning. History (1997-443, ss. 11A.123, 15.30(b); 1998-209, s. 2; 2003-150, s. 1; 2015-241, s. 14.30(u); 2017-57, s. 11E.6(b); 2021-69, s. 1.) Editor's Note. - Session Laws 2017-57, s. 11E.6(a), provides: "It is the intent of the State to protect young children and pregnant women from being exposed to high levels of lead that can cause substantial harm to their normal neurological development and to ensure important intervention services, including required remediation of lead hazards, will be provided to children and pregnant women whose health is threatened by lead exposure." Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'" Session Laws 2017-57, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium." Session Laws 2017-57, s. 39.6, is a severability clause. Session Laws 2021-69, s. 3, provides: "The Commission for Public Health shall adopt temporary and permanent rules to implement this act." Session Laws 2021-69, s. 4, provides: "Nothing in this act, or in rules adopted pursuant to Section 3 of this act, shall be construed to alter or amend requirements applicable to public water systems, as that term is defined under G.S. 130A-313 , under (i) Article 10 of this Chapter and rules adopted thereunder, (ii) the federal Safe Drinking Water Act, and (iii) the United States Environmental Protection Agency's Lead and Copper Rule under 40 C.F.R. Part 141, Subpart I." Effect of Amendments. - Session Laws 2015-241, s. 14.30(u), effective July 1, 2015, substituted "Department of Environmental Quality" for "Department of Environment and Natural Resources" in subdivision (4). Session Laws 2017-57, s. 11E.6(b), effective July 1, 2017, in subdivision (3), substituted "10 micrograms" for "20 micrograms" and substituted "12-month" for "six-month"; substituted "12-month" for "six-month" in subdivision (5), substituted "five micrograms" for "10 micrograms" and substituted "age or by a pregnant woman" for "age" in the first sentence of subdivision (13). Session Laws 2021-69, s. 1, effective December 1, 2021, substituted "10 parts” for "15 parts” in sub-subdivision (7)g.