Terms Used In Nebraska Statutes > Residential Lead-Based Paint Professions Practice Act

• 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 structure or dwelling even if such activities may incidentally result in a reduction or elimination of lead-based paint hazards. See Nebraska Statutes 71-6319.02
• Abatement or abatement project: means any measure or set of measures designed to permanently eliminate lead-based paint hazards. See Nebraska Statutes 71-6319.02
• Accredited training program: means a training program that has been accredited by the department to provide training for individuals engaged in lead-based paint activities. See Nebraska Statutes 71-6319.03
• Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
• Action shall: include any proceeding in any court of this state. See Nebraska Statutes 49-801
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appraisal: A determination of property value.
• Assessment: means the act of listing the description of all real property and taxable tangible personal property, determining its taxability, determining its taxable value, and placing it on the assessment roll. See Nebraska Statutes 77-126
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• 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 or under, on at least two different days within any seven-day period running from Sunday through Saturday, if each daily visit lasts at least three hours, the combined weekly visits last at least six hours, and the combined annual visits last at least sixty hours. See Nebraska Statutes 71-6319.11
• Common area: means a portion of a building that is generally accessible to all occupants and may include, but is not limited to, a hallway, stairway, laundry or recreational room, playground, community center, garage, or boundary fence. See Nebraska Statutes 71-6319.12
• Company: shall include any corporation, partnership, limited liability company, joint-stock company, joint venture, or association. See Nebraska Statutes 49-801
• Component or building component: means a specific design or structural element or a fixture of a building, residential dwelling, or child-occupied facility that is distinguished from others by form, function, and location and may include, but is not limited to, (1) interior components such as ceilings, crown moldings, 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, or sills or stools and troughs, built-in cabinets, columns, beams, bathroom vanities, counter tops, and air conditioners and (2) exterior components such as painted roofing, chimneys, flashing, gutters and downspouts, ceilings, soffits, fascia, 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. See Nebraska Statutes 71-6319.13
• Containment: means a process to protect workers and the environment by controlling exposure to the lead-contaminated dust and debris created during an abatement project. See Nebraska Statutes 71-6319.14
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Decedent: A deceased person.
• Department: means the Department of Health and Human Services. See Nebraska Statutes 71-6319.15
• Dependent: A person dependent for support upon another.
• Deteriorated paint: means paint that is cracking, flaking, chipping, peeling, or otherwise separating from the substrate of a building component. See Nebraska Statutes 71-6319.16
• Donee: The recipient of a gift.
• Donor: The person who makes a gift.
• Elevated blood-lead level: means 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. See Nebraska Statutes 71-6319.18
• 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. See Nebraska Statutes 71-6319.19
• Encapsulation: means the application of an encapsulant. See Nebraska Statutes 71-6319.20
• 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. See Nebraska Statutes 71-6319.21
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Executor: A male person named in a will to carry out the decedent
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fiduciary: A trustee, executor, or administrator.
• Firm: means a company, partnership, corporation, sole proprietorship, association, or other business entity that conducts lead-based paint abatement or abatement projects. See Nebraska Statutes 71-6319.22
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Foreign: when applied to corporations shall include all those created by authority other than that of this state. See Nebraska Statutes 49-801
• Gross estate: The total fair market value of all property and property interests, real and personal, tangible and intangible, of which a decedent had beneficial ownership at the time of death before subtractions for deductions, debts, administrative expenses, and casualty losses suffered during estate administration.
• 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. See Nebraska Statutes 71-6319.23
• 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. See Nebraska Statutes 71-6319.24
• Inter vivos: Transfer of property from one living person to another living person.
• 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. See Nebraska Statutes 71-6319.25
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• 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 five-tenths of one percent by weight in a residential dwelling or child-occupied facility. See Nebraska Statutes 71-6319.26
• 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 paint or is present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as identified by the department. See Nebraska Statutes 71-6319.28
• Lead-based paint profession: means one of the specific types or categories of lead-based paint activities identified in the Residential Lead-Based Paint Professions Practice Act for which individuals may receive training from an accredited training program and become licensed by the department. See Nebraska Statutes 71-6319.29
• Lead-contaminated dust: means surface dust in a residential dwelling or child-occupied facility that contains an area or mass concentration of lead at or in excess of levels identified by the department. See Nebraska Statutes 71-6319.30
• Lead-contaminated soil: means bare soil on residential real property or on the property of a child-occupied facility that contains lead at or in excess of levels identified by the department. See Nebraska Statutes 71-6319.31
• Legacy: A gift of property made by will.
• Legatee: A beneficiary of a decedent
• Licensed abatement worker: means an individual who has been trained by an accredited training program and licensed by the department to perform abatement projects. See Nebraska Statutes 71-6319.04
• Licensed firm: means a firm to which the department has issued a license. See Nebraska Statutes 71-6319.05
• Licensed inspector: means an individual who has been trained by an accredited training program and licensed by the department to conduct inspections and sample for the presence of lead in dust and soil for the purposes of abatement clearance testing. See Nebraska Statutes 71-6319.06
• Licensed project designer: means an individual who has been trained by an accredited training program and licensed by the department to prepare abatement project designs, occupant protection plans, and abatement reports. See Nebraska Statutes 71-6319.07
• Licensed risk assessor: means an individual who has been trained by an accredited training program and licensed by the department to conduct risk assessments and to sample for the presence of lead in dust and soil for the purposes of abatement clearance testing. See Nebraska Statutes 71-6319.08
• Licensed supervisor: means an individual who has been trained by an accredited training program and licensed by the department to supervise and conduct abatement projects and to prepare occupant protection plans and abatement reports. See Nebraska Statutes 71-6319.09
• Licensed visual lead-hazard advisor: means an individual who has been trained by an accredited training program and licensed by the department to conduct a visual lead-hazard screen. See Nebraska Statutes 71-6319.10
• Lien: A claim against real or personal property in satisfaction of a debt.
• Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
• Magistrate: shall include judge of the county court and clerk magistrate. See Nebraska Statutes 49-801
• Magistrate shall: include judge of the county court and clerk magistrate. See Nebraska Statutes 49-801
• Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
• Month: shall mean calendar month. See Nebraska Statutes 49-801
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
• Person: means any natural or judicial person, including any individual, corporation, partnership, or association, any state, or political subdivision thereof, any interstate body, and any department, agency, or instrumentality of the United States Government. See Nebraska Statutes 71-6319.32
• Personal property: All property that is not real property.
• Principal instructor: means the individual who has the primary responsibility for organizing and teaching a particular course. See Nebraska Statutes 71-6319.33
• Probate: Proving a will
• Process: shall mean a summons, subpoena, or notice to appear issued out of a court in the course of judicial proceedings. See Nebraska Statutes 49-801
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Reduction: means measures designed to reduce or eliminate human exposure to lead-based paint hazards through methods including interim controls and abatement. See Nebraska Statutes 71-6319.34
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Residential dwelling: means a detached single-family dwelling unit, including attached structures such as porches and stoops, or 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. See Nebraska Statutes 71-6319.35
• Risk assessment: means an onsite investigation to determine the existence, nature, severity, and location of lead-based paint hazards and 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. See Nebraska Statutes 71-6319.36
• State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
• Summons: Another word for subpoena used by the criminal justice system.
• Target housing: means any housing constructed prior to 1978, except housing for the elderly or persons with disabilities unless one or more children six years of age or under resides or is expected to reside in such housing for the elderly or persons with disabilities or any zero-bedroom dwelling. See Nebraska Statutes 71-6319.37
• Training curriculum: means an established set of course topics for instruction in an accredited training program for a particular lead-based paint profession designed to provide specialized knowledge and skills. See Nebraska Statutes 71-6319.38
• Training program manager: means the individual responsible for administering an accredited training program and monitoring the performance of principal instructors and guest instructors. See Nebraska Statutes 71-6319.39
• Trustee: A person or institution holding and administering property in trust.
• United States: shall include territories, outlying possessions, and the District of Columbia. See Nebraska Statutes 49-801
• Visual lead-hazard screen: means a visual assessment to determine the presence of deteriorated paint or other potential sources of lead-based paint hazards in a residential dwelling or child-occupied facility. See Nebraska Statutes 71-6319.40
• Year: shall mean calendar year. See Nebraska Statutes 49-801