Current through Register Vol. 39, No. 6, September 16, 2024
(a) In addition to
the definitions found in 40 CFR Part 745 Subpart D and Subpart L, the following
definitions shall apply throughout this Section:
(1) "Accredited training course" means a lead
training course accredited by the Program.
(2) "Accredited training provider" means a
training provider who is accredited by the Program, and who provides accredited
training courses.
(3) "Design"
means a written or graphic plan prepared by a certified project designer
specifying how an abatement project will be performed, and includes, but is not
limited to, scope of work and technical specifications. The certified project
designer's signature and certification number shall be on all such abatement
designs.
(4) "Emergency Lead-Based
Paint Abatement" means abatement conducted to remediate a lead-based paint
hazard which has been determined by a certified risk assessor and the Program
to be an imminent lead-based paint hazard to building occupants in a child
occupied facility.
(5) "Immediate
family" means an individual's family members limited to spouse, parents,
siblings, grandparents, children, and grandchildren.
(6) "Occupant Protection Plan" means a
written plan which describes the measures and management procedures that will
be taken during abatement to protect building occupants from exposure to
lead-based paint hazards. The plan shall be unique to each residential dwelling
or child-occupied facility. For projects less than five units, the plan shall
be prepared by a certified supervisor or project designer. For projects with
five or more units, the plan shall be prepared by a certified project designer.
The plan shall include the preparer's signature and certification
number.
(7) "Program" means the
Lead-Based Paint Hazard Management Program within the Division of Public
Health.
(8) "Start date" means the
date on which activities begin on a permitted lead abatement project requiring
the use of certified individuals, including the abatement area isolation and
preparation or any other activity which may disturb lead-based paint.
(9) "Working day" means Monday through
Friday. Holidays falling on any of these days are working days.
(10) "Certified Industrial Hygienist" means a
person who has met the education, experience, and examination requirements
established by the American Board of Industrial Hygiene for certified
industrial hygienists and whose certification has not been revoked by that
organization.
(b)
Lead-Based Paint Activities, 40 CFR Part 745 Subpart D and Subpart L, is hereby
incorporated by reference, including any subsequent amendments and editions.
This document is available for inspection at the Division of Public Health,
1915 Mail Service Center, Raleigh, North Carolina 27699-1915. A copy of this
document may be obtained in writing from the US Government Bookstore, 999
Peachtree Street, Suite 120, Atlanta, GA, at a cost of fifty five dollars
($55.00).
Authority
G.S.
130A-453.01;
130A-453.11;
150B-21.1(a)(3);
Temporary Adoption Eff. July 7, 1997;
Eff. July 1 1998;
Temporary Amendment Eff. May 17, 2002;
Amended Eff. April 1,
2003;
Pursuant to
G.S.
150B-21.3A, rule is necessary without
substantive public interest Eff. February 16,
2019.