New Jersey Administrative Code
Title 8 - HEALTH
Chapter 51 - CHILDHOOD ELEVATED BLOOD LEAD LEVELS
Subchapter 1 - GENERAL PROVISIONS
Section 8:51-1.4 - Definitions
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:
"Abatement" means any set of measures or processes designed to permanently eliminate lead-based paint or any other lead-related hazards on a premises and includes, but is not limited to: the removal of lead-based paint and/or lead-contaminated dust; the enclosure or encapsulation of lead-based paint; the replacement or removal of lead-painted surfaces, fixtures, furniture, toys or objects; the removal, treatment or covering of lead-contaminated soil; and all preparation, clean-up, disposal and post-abatement clearance testing activities associated with such measures.
"Advisory Committee on Childhood Lead Poisoning Prevention" means a chartered body that advises and guides the Secretary and Assistant Secretary of the U.S. Department of Health and Human Services and the Director of the Centers for Disease Control and Prevention, regarding new scientific knowledge and technical developments and their practical implications for childhood lead exposure prevention efforts. The charter expired on October 31, 2013.
"Ambient source of lead" means lead contamination from salvage, recycling or industrial discharges or from known contaminated sites.
"Case management" means a public health nurse's coordination, oversight, and/or provision of the services required to identify lead sources, eliminate a child's lead exposure, and reduce the child's blood lead level below five micrograms per deciliter (g/dL).
"Case management assessments" means assessments that identify the wellness of the child and family, consisting of the following:
1. Childhood Lead Poisoning Prevention Home Visit Assessment, available at N.J.A.C. 8:51 Appendix G;
2. Universal Child Health Record, available at N.J.A.C. 8:51 Appendix H; and
3. A nutritional assessment, available at N.J.A.C. 8:51 Appendix I.
"Case manager" means a public health nurse who is responsible for coordinating care, ensuring communication, monitoring medical oversight and ensuring follow-up on all referrals for services.
"Causative factor" means any housing condition that contributes to the deterioration of paint or the significant accumulation of household dust, such as, but not limited to, the failure of a system designed to prevent moisture infiltration for example, roof, siding or windows; leaks or other deficiencies in household plumbing or heating; and horizontal surfaces that are damaged, worn and/or not washable, for example, floors, window wells or stair treads).
"CDC recommendations" means the recommendations made by the United States Centers for Disease Control and Prevention, as specified in its policy statements: "Managing Elevated Blood Lead Levels Among Young Children, Recommendations from the Advisory Committee on Childhood Lead Poisoning Prevention," published March 2002 and "Preventing Lead Poisoning in Young Children," published August 2005, by the U.S. Department of Health and Human Services, Public Health Service, Centers for Disease Control and Prevention, 1600 Clifton Road, Atlanta, GA 30333.
"Chewable surface" means any projection from an interior or exterior surface that offers a biting surface or that can be mouthed by a child. Chewable surfaces may include, but are not limited to: window sills, window casings, doors, door casings, stair railings, stair treads, balusters, toys, parts of certain furniture or any other surface that may be readily mouthed by children.
"Child" means a person less than 17 years of age.
"Commissioner" means the Commissioner of the New Jersey Department of Health, or his or her designee.
"Common area" means any portion of a premises that is generally accessible to occupants and may include, but is not limited to, entryways, hallways, stairways, lobbies, laundry and recreational rooms, playgrounds, porches, patios, community centers, garages, yard areas and boundary fences.
"Confirmed blood lead level" means a blood lead level obtained from a venous blood sample.
"Defective paint" means any paint located on any interior or exterior surface or object that is damaged, deteriorated, loose, cracked, peeling, chipped, blistered, chalking or flaking.
"Department" means the New Jersey Department of Health and Senior Services.
"Dwelling" means any building or structure or portion thereof which is occupied in whole or in part as the home, residence, or sleeping quarters of one or more persons, and includes any dwelling unit, rooming house or rooming unit, and any facility occupied or used by children.
"Elevated blood lead level" means a blood lead test result, from either a venous or capillary sample, equal to or greater than five micrograms per deciliter (g/dL) of whole blood.
"Environmental intervention" means actions taken by the local board of health with jurisdiction to:
1. Identify lead hazards present in the child's environment;
2. Order the abatement of those hazards or interim controls, which are only applicable for hazards on exterior surfaces; and
3. Educate the family of the child identified with lead poisoning.
"Friction surface" means an interior or exterior surface that is subject to abrasion or friction, including certain stair surfaces and moving parts or contact surfaces of doors and windows.
"Hazard assessment" means conducting all of the following activities:
1. Collection of background information regarding physical characteristics and residential use patterns including:
i. The age of the structure and any additions;
ii. Copies of any previous lead hazard inspections or assessments;
iii. A diagram of the dwelling showing each room and its use;
iv. The number of children under 72 months of age and pregnant women residing in the dwelling upon notification of a confirmed blood level of two results five to nine g/dL or a single result of 10 g/dL or higher; and
v. Potential sources of lead exposure in the neighborhood;
2. Administration, to a parent, guardian or responsible adult, of the Hazard Assessment Questionnaire, available at N.J.A.C. 8:51 Appendix A;
3. A visual inspection of the dwelling to determine the condition of all interior and exterior painted surfaces and to detect any evidence of chewing on painted surfaces;
4. Testing of defective paint, using an XRF instrument, on the interior surfaces of the dwelling, other buildings on the premises, furniture, toys and play structures;
5. Testing of intact paint, using an XRF instrument, on friction surfaces;
6. Testing of intact paint, using an XRF instrument, on chewable surfaces, if indicated by the Hazard Assessment Questionnaire or if evidence of chewing is noted;
7. Testing of paint, using an XRF instrument, on impact surfaces, if there is evidence of impact damage;
8. Dust sampling of window sills and floors in rooms identified in the Hazard Assessment Questionnaire as play areas, hiding spots or areas where the child is most likely to come in contact with dust;
9. Evaluation of the exterior of the residence, using an XRF instrument, if no lead-based paint hazard is found in the interior of the residence; and
10. Testing of the soil, if no lead-based paint hazard is found in either the interior or exterior of the residence.
"HUD guidelines" means the United States Department of Housing and Urban Development's "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing," 2012, published by the U.S. Department of Housing and Urban Development, Office of Healthy Homes and Lead Hazard Control, 451 Seventh Street, SW, Washington, DC 20410.
"Impact damage" means any painted surface that is cracked, chipped, or otherwise damaged because of repeated impacts.
"Impact surface" means an interior or exterior surface that is subject to damage by repeated impacts, including chair rails and certain parts of doors.
"Intact surface" means any surface that is free of damage or defects which would allow exposure to lead-based paint or lead-contaminated dust.
"Interim controls" means a set of measures or processes designed to temporarily reduce human exposure or likely exposure to lead-based paint hazards, including specialized cleaning, repairs, temporary containment, painting, maintenance, ongoing monitoring of lead-based paint hazards or potential hazards, and the establishment and operation of management and resident education programs.
"Lead-based paint" means paint or other surface coating material that contains lead equal to or in excess of 1.0 milligram per square centimeter or in excess of 0.5 percent by weight, or other level as may be established by Federal law.
"Lead-based paint hazard" shall have the meaning established at 26:2Q-2.
"Lead contaminated dust" means dust particles that contain lead in excess of the levels established by the United States Environmental Protection Agency pursuant to the Toxic Substance Control Act, Section 403, 40 C.F.R. 745.61 to 745.69.
"Lead contaminated soil" means soil that contains lead in excess of the levels established by the United States Environmental Protection Agency pursuant to the Toxic Substance Control Act, Section 403, 40 C.F.R. 745.61 to 745.69.
"Lead hazard" means any condition that allows access or exposure to lead, in any form, to the extent that adverse human health effects are possible.
"Limited hazard assessment" means conducting activity paragraphs two through four and number eight under the definition for hazard assessment.
"Local board of health" or "local boards of health" means a local board or local boards of health as defined at N.J.S.A. 26:1A-1.
"Non-paint lead hazard" means any condition that allows access or exposure to a lead hazard that is not related to lead-based paint, including, but not limited to: lead-contaminated particles brought into the dwelling by adults who are exposed to lead in an occupation or hobby; lead-containing materials used in the dwelling for art works or hobbies; water containing lead in excess of the standards set by the U.S. Environmental Protection Agency at 40 CFR Part 141, food stored in cans with lead soldered seams; pottery or ceramics with leachable lead glazes; toys; jewelry; or traditional foods, medicines or cosmetics containing lead.
"Premises" means a building or structure that contains one or more dwelling units, and/or a facility that is occupied or used by children, and the property on which it is located.
"Primary care provider" means a physician or advanced practice nurse that provides primary care services to children.
"Primary residence" means the dwelling where the child sleeps most of the time. Unless shown otherwise, it is presumed to be the legal residence of the child's primary caretaker.
"Public health nurse" shall have the meaning established at 8:52-2.1 and shall consist of nurses:
1. Licensed pursuant to 45:11-23 et seq.;
2. With the qualifications set forth at 8:52-4.2; and
3. That comply with the public health nursing responsibilities established at N.J.A.C. 8:52-7.
"Reinspection" means a visual assessment of painted surfaces and limited dust and soil sampling conducted periodically following lead-based paint hazard reduction where lead-based paint is still present.
"Risk assessment" means the evaluation of an individual child to determine whether the potential for exposure to lead is high or low.
"Screening" means the taking of a blood sample from an asymptomatic child, and its analysis by a medical laboratory, licensed in accordance with N.J.A.C. 8:44, to determine if the child has elevated blood lead levels.
"Secondary address" shall mean any location other than the primary residence, where a child spends 10 or more hours per week.
"Testing" means a combination of methods to collect and measure content of lead in paint, soil and/or dust.
"[micro]g/dL" means micrograms of lead per deciliter of whole blood.
"XRF instrument" means a portable instrument most commonly used to analyze paint in order to determine lead concentration in milligrams per square centimeter using the principle of x-ray fluorescence.
