HAR §11-41-2. Definitions

As used in this chapter: "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 paint and dust, the permanent enclosure or encapsulation of lead-based 41 - 2 §11-41-2 paint, the replacement of painted surfaces or fixtures, or the removal or permanent covering of soil, when lead-based paint hazards are present in such paint, dust, or 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 an individual or firm will be conducting activities in or to a residential dwelling or child- occupied facility that: (i) Shall result in the permanent elimination of lead-based paint hazards; or (ii) Are designed to permanently eliminate lead-based paint hazards, and are described in paragraphs (1) and (2) of this definition; (B) Projects resulting in the permanent elimination of lead-based paint hazards, conducted by firms or individuals certified in accordance with section 11-41-5, unless such projects are covered by paragraph (4) of this definition; (C) Projects resulting in the permanent elimination of lead-based paint hazards, conducted by firms or individuals 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 section, unless such projects are 41-3 §11-41-2 covered by paragraph (4) 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, 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. "Accredited training program" means a training program that has been accredited by the department pursuant to section 11-41-4 to provide training for individuals engaged in lead-based paint activities. "Adequate quality control" means a plan or design which ensures 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. "Arithmetic mean" means the algebraic sum of data values divided by the number of data values (e.g., the sum of the concentration of lead in several soil samples divided by the number of samples). "Business day" means Monday through Friday with the exception of federal and state holidays. "Certified abatement worker" means an individual who has been trained by an accredited training program, as defined by this section, and certified by the department pursuant to section 11-41-5 to perform abatements. 41-4 §11-41-2 "Certified firm" means a company, partnership, corporation, sole proprietorship, association, or other business entity that performs lead-based paint activities to which the department has issued a certificate of approval pursuant to section 11-41-5 (f). "Certified inspector" means an individual who has been trained by an accredited training program, as defined by this section, and certified by the department pursuant to section 11-41-5 to conduct inspections. A certified inspector also samples for the presence of lead in dust and soil for the purposes of abatement clearance testing. "Certified project designer" means an individual who has been trained by an accredited training program, as defined by this section, and certified by the department pursuant to section 11-41-5 to prepare abatement project designs, occupant protection plans, and abatement reports. "Certified risk assessor" means an individual who has been trained by an accredited training program, as defined by this section, and certified by the department pursuant to section 11-41-5 to conduct risk assessments. A risk assessor also samples for the presence of lead in dust and soil for the purposes of abatement clearance testing. "Certified supervisor" means an individual who has been trained by an accredited training program, as defined by this section, and certified by the department pursuant to section 11-41-5 to supervise and conduct abatements, and to prepare occupant protection plans and abatement reports. "C.F.R." means United States Code of Federal Regulations. "Chewable surface" means an interior or exterior surface painted with lead-based paint that a young child can mouth or chew. Hard metal substrates and other materials that cannot be dented by the bite of a young child are not considered chewable. "Child-occupied facility" means a building, or portion of a building, constructed prior to 1978, visited regularly by the same child, six years of age 41-5 §11-41-2 or under, on at least two different days within any week (Sunday through Saturday period), provided that each day's visit lasts at least three hours and the combined weekly visit lasts at least six hours, and the combined annual visits last at least sixty 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 six years of age or under, such as restrooms and cafeterias. Common areas that children six years of age or under 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 six years of age or under. "Clearance levels" are values that indicate the amount of lead in dust on a surface following completion of an abatement activity. To achieve clearance when dust sampling is required, values below these levels shall be achieved. "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. "Common area group" means a group of common areas that are similar in design, construction, and function. Common area groups include, but are not limited to, hallways, stairwells, and laundry rooms. "Component or building component" means specific design or structural elements or fixtures of a building, residential dwelling, or child-occupied 41-6 §11-41-2 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. "Concentration" means the relative content of a specific substance contained within a larger mass, such as the amount of lead (in micrograms per gram or parts per million by weight) in a sample of dust or soil. "Containment" means a process to protect workers and the environment by controlling exposures to the lead-contaminated dust and debris created during an abatement. "Course agenda" means an outline of the key topics to be covered during a training course, including the time allotted to teach each topic. "Course test" means an evaluation of the overall effectiveness of the training, which shall test the trainees' knowledge and retention of the topics covered during the course. "Course test blueprint" means written documentation identifying the proportion of course test questions devoted to each major topic in the course curriculum. "Department" means the department of health, State of Hawaii. 41-7 §11-41-2 "Deteriorated paint" means any interior or exterior paint or other coating that is peeling, chipping, chalking or cracking, or any paint or coating located on an interior or exterior surface or fixture that is otherwise damaged or separated from the substrate. "Director" means the director of health, State of Hawaii, or the director's duly authorized agent. "Discipline" means one of the specific types or categories of lead-based paint activities identified in this chapter for which individuals may receive training from accredited programs and become certified by the department. For example, "abatement worker" is a discipline. "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 or room. "Documented methodologies" are methods or protocols used to sample for the presence of lead in paint, dust, and soil. "Dripline" means the area within three feet surrounding the perimeter of a building. "Elevated blood lead level" or "EBL" means an excessive absorption of lead that is a confirmed concentration of lead in whole blood of twenty micrograms of lead per deciliter of whole blood for a single venous test or of fifteen to nineteen micrograms of lead per deciliter of whole blood in two consecutive tests taken three to four months apart. "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. "Encapsulation" means the application of an encapsulant. "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. 41-8 §11-41-2 "EPA" means the United States Environmental Protection Agency. "Friction surface" means an interior or exterior surface that is subject to abrasion or friction, including, but not limited to, certain window, floor, and stair surfaces. "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. "Hands-on skills assessment" means an evaluation which tests the trainees' ability to satisfactorily perform the work practices and procedures identified in section 11-41-4(d), as well as any other skill taught in a training course. "Hazardous waste" means any waste as defined in 40 C.F.R. section 261.3, as incorporated and amended in chapter 11-261.1. "Impact surface" means an interior or exterior surface that is subject to damage by repeated sudden force such as certain parts of door frames. "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. "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. "Interior window sill" means the portion of the horizontal window ledge that protrudes into the interior of the room. "Lead-based paint" means paint or other surface coatings that contain lead equal to or in excess of one milligram per square centimeter or more than 0.5 per cent by weight. 41-9 §11-41-2 "Lead-based paint activities" means, in the case of target housing and child-occupied facilities, inspection, risk assessment, and abatement, as defined in this chapter. "Lead-based paint activities courses" means initial and refresher training courses (worker, supervisor, inspector, risk assessor, project designer) provided by accredited training programs. "Lead-based paint hazard" means hazardous lead- based paint, dust-lead hazard or soil-lead hazard as identified in section 11-41-3. "Lead hazard screen" is a limited risk assessment activity that involves limited paint and dust sampling as described in section 11-41-6(c). "Living area" means any area of a residential dwelling used by one or more children age six and under, including, but not limited to, living rooms, kitchen areas, dens, play rooms, and children's bedrooms. "Loading" means the quantity of a specific substance present per unit of surface area, such as the amount of lead in micrograms contained in the dust collected from a certain surface area divided by the surface area in square feet or square meters. "Mid-yard" means an area of a residential yard approximately midway between the dripline of a residential building and the nearest property boundary or between the driplines of a residential building and another building on the same property. "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. "Paint in poor condition" means more than ten square feet of deteriorated paint on exterior components with large surface areas; or more than two square feet of deteriorated paint on interior components with large surface areas (e.g., walls, ceilings, floors, doors); or more than ten per cent of the total surface area of the component is deteriorated on interior or exterior components with 41-10 f;"49 small surface areas (window sills, baseboards, soffits, trim). §11-41-2 "Permanently covered soil" means soil that 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. "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. "Play area" means an area of frequent soil contact by children six years of age or under as indicated by, but not limited to, such factors including the following: the presence of play equipment (e.g., sandboxes, swing sets, and sliding boards), toys, or other children's possessions, observations of play patterns, or information provided by parents, residents, care givers, or property owners. "Principal instructor" means the individual who has the primary responsibility for organizing and teaching a particular course. "Recognized laboratory" means an environmental laboratory recognized by EPA as being capable of performing an analysis for lead compounds in paint, soil, and dust. "Reduction" means measures designed to reduce or eliminate human exposure to lead-based paint hazards through methods including interim controls and abatement. "Residential building" means a building containing one or more residential dwellings. "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 41-11 §11-41-2 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. "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 individual or the firm conducting the risk assessment, explaining the results of the investigation and options for reducing lead-based paint hazards. "Room" means a separate part of the inside of a building, such as a bedroom, living room, dining room, kitchen, bathroom, laundry room, or utility room. To be considered a separate room, the room shall be separated from adjoining rooms by built-in walls or archways that extend at least six inches from an intersecting wall. Half walls or bookcases count as room separators if built-in. Movable or collapsible partitions or partitions consisting solely of shelves or cabinets are not considered built-in walls. A screened in porch that is used as a living area is a room. "Soil sample" means a sample collected in a representative location using ASTM E1727, "Standard Practice for Field Collection of Soil Samples for Lead Determination by Atomic Spectrometry Techniques," or equivalent method. "Start date" means the first day of any lead- based paint activities training course or lead-based paint abatement activity. "Start date provided to the department" means the start date included in the original notification or the most recent start date provided to the department in an updated notification. "Target housing" means any housing constructed prior to 1978, except housing for the elderly or persons with disabilities (unless any one or more children age six years or under resides or is expected 41-12 §11-41-2 to reside in such housing for the elderly or persons with disabilities) or any zero-bedroom dwelling. "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. "Training hour" means at least fifty minutes of actual learning, including, but not limited to, time devoted to lecture, learning activities, small group activities, demonstrations, evaluations, and hands-on experience. "Training manager" means the individual responsible for administering a training program and monitoring the performance of principal instructors and guest instructors. "Training provider" means any organization or entity accredited under section 11-41-4 to offer lead- based paint activities courses. "Visual inspection for clearance testing" means 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. "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. "Weighted arithmetic mean" means the arithmetic mean of sample results weighted by the number of subsamples in each sample. Its purpose is to give influence to a sample relative to the surface area it represents. A single surface sample is comprised of a single subsample. A composite sample may contain from two to four subsamples of the same area as each other and of each single surface sample in the composite. The weighted arithmetic mean is obtained by summing, for all samples, the product of the sample's result multiplied by the number of subsamples in the sample, and dividing the sum by the total number of subsamples contained in all samples. For example, the weighted arithmetic mean of a single surface sample containing 41-13 §11-41-2 sixty micrograms per square foot, a composite sample (three subsamples) containing one hundred micrograms per square foot, and a composite sample (four subsamples) containing one hundred ten micrograms per square foot is one hundred micrograms per square foot. This result is based on the equation [60 + (3*100) + (4*110)]/(1 + 3 + 4). "Window trough" means, for a typical double-hung window, the portion of the exterior window sill between the interior window sill (or stool) and the frame of the storm window. If there is no storm window, the window trough is the area that receives both the upper and lower window sashes when they are both lowered. The window trough is sometimes referred to as the window "well". "Wipe sample" means a sample collected by wiping a representative surface of known area, as determined by ASTM E1728, "Standard Practice for Field Collection of Settled Dust Samples Using Wipe Sampling Methods for Lead Determination by Atomic Spectrometry Techniques," or equivalent method, with an acceptable wipe material as defined in ASTM El792, "Standard Specification for Wipe Sampling Materials for Lead in Surface Dust." "Zero-bedroom dwelling" means any residential dwelling in which the living area is not separated from the sleeping area. The term includes efficiencies, studio apartments, dormitory housing, military barracks, and rentals of individual rooms in residential dwellings. [Eff 10/3/05; am and comp MAR 8 2023 ] (Auth: HRS §§342P-3, 342P-41) (Imp: HRS §§342P-3, 342P-41)