New Jersey Administrative Code
Title 5 - COMMUNITY AFFAIRS
Chapter 17 - LEAD HAZARD EVALUATION AND ABATEMENT CODE
Subchapter 1 - GENERAL PROVISIONS
Section 5:17-1.2 - Definitions
Current through Register Vol. 56, No. 6, March 18, 2024
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:
"ASTM" means the American Society for Testing and Materials.
"Business firm" means and includes any corporation, company, association, society, firm, partnership or joint stock company, or any sole proprietor, engaged in, advertising, or holding itself out to be in the business of lead evaluation or lead abatement.
"Child occupied facility" means a building, or a portion of a building, constructed prior to 1978, that is visited regularly by the same child, six years of age or under. Such facilities include, but are not limited to, day care centers, preschools and kindergarten classrooms.
"Clearance technician" means a person with proof of having completed a State certified or HUD approved training course as a clearance technician. This person is qualified to take dust wipe samples in a limited area undergoing renovation, remodeling, repair or maintenance work. A clearance technician may also be referred to as a "dust wipe technician" or a "sampling technician."
"Commercial building" means any building or portion thereof used primarily for commercial or industrial activity, which is generally not open to the public, or occupied or visited by children, including, but not limited to, warehouses, factories, storage facilities, aircraft hangars, garages, and wholesale distribution facilities. For purposes of applying these rules, commercial building shall not include offices or other similar spaces within such buildings.
"Commissioner" means the Commissioner of the Department of Community Affairs.
"Composite sampling" means an economical, but less specific, method of sampling for lead-based paint hazards by analyzing dust from several surfaces or soil from different locations together.
"Department" means the Department of Community Affairs.
"Encapsulant" means a coating or rigid material that relies on adhesion to a lead-based painted surface and is not mechanically fastened to the substrate.
"Encapsulation" means a process to make lead-based paint inaccessible by providing a barrier between the lead-based paint and the environment, where the primary means of attachment for the encapsulant is bonding of the product used to the surface covered either by the product itself or through the use of an adhesive.
"Enclosure" means the installation of a rigid, durable barrier that is mechanically attached to building components, with all edges and seams sealed with caulk or other sealant and having a design life of at least 20 years.
"HEPA" means high efficiency particulate air.
"HEPA sander" means an electric sander equipped with a specially designed shroud or containment system where all exhaust air is passed through a HEPA filter.
"HEPA vacuum blasting" means abrasive blasting with a shroud under the vacuum that is attached to the blast head where all exhaust air is passed through a HEPA filter.
"HEPA vacuum needle gun" means a needle gun that removes paint by the force of metal needles rapidly pounding against the painted surface attached to a vacuum where all exhaust air is passed through a HEPA filter.
"HUD Guidelines" means the most recent version of the "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing" prepared by the United States Department of Housing and Urban Development, Office of Healthy Homes and Lead Hazard Control and available from the U.S. Department of Housing and Urban Development (HUD), 451 7th Street, S.W., Washington, DC 20410 or by calling 1-800-245-2691. Copies may also be obtained from the HUD website at http://www.hud.gov/offices/lead/guidelines/hudguidelines/index.cfm.
"Inspector/risk assessor" means a person certified by the New Jersey Department of Health as such.
"Interim controls" means a set of measures designed to reduce temporarily 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, or as the term is defined under 42 U.S.C. § 4851b.
"Lead abatement" means a set of measures designed to permanently eliminate lead-based paint hazards in accordance with standards established by the commissioner in compliance with standards promulgated by the appropriate Federal agencies. Such term includes:
1. 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; and
2. All preparation, cleanup, disposal, and post-abatement clearance testing activities associated with such measures.
"Lead abatement clearance certificate" means the certificate issued by the construction official pursuant to 5:23-2.23(p) at the end of a lead abatement project.
"Lead evaluation" 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.
"Lead hazard control work" means work to make housing lead-safe, or to mitigate through the use of interim controls as permitted under Federal law and as defined in 42 U.S.C. § 4851b, or to eliminate permanently lead-based hazards by abatement on a premises by a person certified to perform lead abatement work pursuant to sections 1 through 12 of P.L. 1993, c.288 and sections 14 through 24 of P.L. 1993, c.288.
"Lead screening" means an abbreviated lead-based paint hazard evaluation performed in accordance with the requirements established by this chapter for such testing, including N.J.A.C. 5:17-3 Appendices 3-A and 3-B.
"Lead-based paint" means paint or other surface coating material that contains lead equal to or in excess of 1.0 milligrams per centimeter squared or in excess of 0.5 percent by weight, or such other level as may be established by Federal law.
"Lead-based paint hazard" means any condition that causes exposure to lead from lead-contaminated dust or soil or lead-contaminated paint that is deteriorated or present in surfaces that would result in adverse human health effects.
"Lead-free" means having no lead-based paint on any surface within a dwelling unit, common area or building.
"Lead-free interior" means having no lead-based paint on any interior surface within a dwelling unit, common area or building. For the purpose of this definition, interior surface shall include any part of a door or window system that is accessible from the inside of the building while the window or door is in the closed position. Door thresholds shall be considered interior components. Window wells shall be considered exterior components and shall be smooth and cleanable.
"Lead-hazard free" means the absence of 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.
"Lead-hazard free certificate" means a certificate that is issued by a certified firm upon completion of a risk assessment to confirm that housing is lead hazard free.
"[micro]g" means micrograms of lead per.
"N.J.A.C." means the New Jersey Administrative Code.
"N.L.L.A.P." means the U.S. Environmental Protection Agency National Lead Laboratory Accreditation Program.
"Owner" means building owner or his agent. In the case of evaluation and testing services, "owner" shall include the client of the evaluation firm if other than the owner.
"Patch test" means a field test procedure in which a small area of the existing lead-based paint film is prepared and the encapsulant product is applied or installed and cured in the manner intended for the large-scale job and then tested to determine adhesion and surface integrity.
"Plastic sheeting" means a minimum of six mil thick polyethylene (plastic) sheeting unless the text specifies otherwise.
"Superstructure" means a large steel or other industrial structure, such as a bridge or water tower, which contains no habitable space. It is synonymous with "industrial steel structure."
"Surface" means an area such as an interior or exterior wall, ceiling, floor, door, door frame, window sill, window frame, porch, stair, handrail and spindle, or other abradable surface, soil, furniture, a carpet, a radiator or a water pipe.
"UCC" means the New Jersey Uniform Construction Code, N.J.A.C. 5:23.
"Window" means the entire window system, including the sash, the stop and parting beads, and the window jambs.
"Window well" means the window trough. It is also synonymous with window stool, defined in ASTM Standards E1605-94 as flat, horizontal molding fitted over the sill, on the window interior, between jambs, that comes in contact with the bottom rail of the (lower) operating sash and the window sill.
"XRF" means x-ray fluorescence, a radiological method of in-place testing for the presence of lead-based paint on surfaces.
