As used in this Chapter, unless the context indicates otherwise, the following terms have the following meanings:

            (1) “Abatement” means any set of measures as determined by the secretary designed to permanently eliminate lead hazards including:

            (a) The removal of lead-based paint and lead-contaminated dust, the permanent containment or encapsulation of lead-based paint, the replacement of lead-painted surfaces or fixtures, and the removal or covering of lead-contaminated soil.

            (b) All preparation, cleanup, disposal, and post-abatement clearance testing activities associated with such measures.

            (2) “Account” means the Lead Hazard Reduction Dedicated Fund Account created pursuant to this Chapter.

            (3) “Accredited training provider” means a person certified by the secretary pursuant to this Chapter to provide training in lead hazard reduction activities.

            (4) “Business entity” means a partnership, firm, association, corporation, sole proprietorship, or other business concern.

            (5) “Certificate” means:

            (a) With regard to a person engaged in a lead hazard reduction activity, a document issued by the secretary, or under the authority of the secretary, affirming that the person successfully has completed the training and other requirements for lead hazard reduction activities.

            (b) With regard to a training provider, a document issued by the secretary affirming that the training provider meets the standards for accreditation under this Chapter.

            (6) “Certified” means, with regard to a person engaged in a lead hazard reduction activity, that the person successfully has completed the training and other requirements for engaging in lead hazard reduction activities established by the secretary.

            (7) “Child-occupied facility” means a building or portion of a building or common area, other than the child’s principal residence, constructed prior to 1978, and meeting one of the following:

            (a) Is visited regularly by the same child, who is six years of age or younger, on at least two different days within any week, provided that each day’s visit lasts at least three hours, that the combined weekly visits last at least six hours, and that the combined annual visits last at least sixty hours. Examples of child-occupied facilities include but are not limited to public and non-public elementary schools, day care centers, parks, playgrounds and community centers.

            (b) Has been determined by the department, in conjunction with the state health officer, to be a significant risk because of its contribution to lead poisoning or lead exposure to children who are six years of age or younger.

            (c) Is a child-occupied unit and common area in a multi-use building.

            (8) “Department” means the Department of Environmental Quality.

            (9) “Discriminatory action” means an action taken by an employer that adversely affects an employee with respect to any terms or conditions of employment or opportunity for promotion. The term includes but is not limited to dismissal, layoff, suspension, demotion, transfer of job or location, reduction in wages, change in hours of work, or reprimand.

            (10) “Employee” means a person currently employed, laid off, terminated with reemployment rights, or on leave of absence who is permitted, required, or directed to engage in any employment by an employer in consideration of direct or indirect gain or profit.

            (11) “Inspection” means:

            (a) A surface-by-surface investigation to determine the presence of lead hazards.

            (b) The provision of a report explaining the results of the investigation.

            (12) “Inspector” means a person certified pursuant to the provisions of this Chapter who conducts inspections.

            (13) “Lead-contaminated waste” means any discarded material resulting from an abatement activity that fails the toxicity characteristic determined by the secretary due to the presence of lead or any material that is a mixture of discarded material resulting from an abatement activity and some other material.

            (14) “Lead contractor” means any person employing workers engaged in lead hazard reduction activities and a self-employed individual who engages in lead hazard reduction activities.

            (15) “Lead hazard” means 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 established by the secretary; and shall include lead-based paint as defined by the Residential Lead-Based Paint Hazard Reduction Act of 1992.

            (16) “Lead hazard reduction activities” means the assessment of lead hazards, and the planning, implementation, and inspection of abatement activities, as determined by the secretary; and shall include lead-based paint activities as defined by the Residential Lead-Based Paint Hazard Reduction Act of 1992.

            (17) “Lead hazard reduction planner” means a person certified pursuant to this Chapter who plans abatement activities.

            (18) “Lead project supervisor” means a person employed by a lead contractor to supervise workers engaged in abatement activities.

            (19) “License” means an authorization issued by the State Licensing Board for Contractors that allows a person to engage in certain lead hazard reduction activities.

            (20) “Person” means any individual, business entity, governmental body, or other public or private entity including, to the extent not preempted by state or federal law or regulation, the federal government and its agencies.

            (21) “Public entity” means the state, any of its political subdivisions, or any agency or instrumentality of either.

            (22) “Secretary” means the secretary of the Department of Environmental Quality.

            (23) “Worker” means a person who conducts lead hazard reduction activities pursuant to the provisions of this Chapter.

            Acts 1993, No. 224, §1; Acts 1995, No. 1085, §§1, 2; Acts 2012, No. 733, §1; Acts 2012, No. 736, §1; Acts 2021, No. 114, §18, eff. July 1, 2022.