Rhode Island Code of Regulations
Title 216 - Department of health
Chapter 50 - Environmental health
Subchapter 15 - HEALTHY ENVIRONMENT
Part 11 - Lead Training, Certification And Licensing
Section 216-RICR-50-15-11.2 - Definitions
Universal Citation: 216 RI Code of Rules 50 15 11.2
Current through September 18, 2024
A. Wherever used in this Part, the terms listed below shall be construed in the following manner:
1. "Act" means R.I. Gen. Laws Chapter
23-24.6, Lead Poisoning Prevention.
2. "Approved" means approved by the
Department, State, or local authority having legal and administrative authority
for such.
3. "Department" means the
Rhode Island Department of Health.
4. "Director" means the Director of the Rhode
Island Department of Health or his or her agents, subordinates to whom the
Director has delegated the powers and duties vested in the Director by these
Regulations.
5. "Employ" means to
use or engage the services of someone.
6. "Environmental lead" means, for the
purposes of this Part, inorganic lead contained in paint, dust, soil, and/or
water.
7. "EPA" means the United
States Environmental Protection Agency.
8. "Hands-on training or activities" means a
training activity that involves active participation; applied, as opposed to
theoretical, i.e. the hands-on portion of a lead training course which allows
the student to practice specific techniques in a simulated or actual setting
with equipment and supplies typically used in the profession. Hands-on
training, by definition, must be completed in person.
9. "HUD" means the United States Department
of Housing and Urban Development.
10. "Lead assessor" means a person, either
authorized to act as an enforcing officer under the housing code or a
designated employee of a federal, state or municipal agency with jurisdiction
over housing, occupational health, child welfare and/or environmental standards
who successfully completed a Lead Assessor training course and obtained a
license, pursuant to this Part, to conduct lead inspections within the purview
of their employment.
11. "Lead
contractor" means any person or entity engage in lead hazard reduction as a
business and licensed pursuant to this Part.
12. "Lead hazard" means a condition that
presents a clear and significant health risk to occupants of a child care
facility, single-family house, dwelling unit and common areas, or premises,
particularly where children reside. Lead concentrations in damaged paint,
interior dust, bare soil, and/or drinking water which exceed the lead-safe
thresholds in §
5.8 of this Subchapter are an
immediate lead exposure hazard requiring corrective action at a regulated
facility.
13. "Lead hazard control"
or "LHC" means any window replacement and/or interim controls intended to
correct lead hazards identified in a lead inspection report or standard
treatments to remove lead-based paint and/or minimize lead exposure, which may
include measures to reduce the concentration of lead in paint, dust, soil,
and/or water using approved treatment methods specified in Part 12 of this
Subchapter.
14. "Lead hazard
reduction" or "LHR" means, as defined by R.I. Gen. Laws §
23-24.6-4, any action or actions
designated to reduce exposure to toxic levels of lead which impose an
unacceptable risk or exposure in any dwelling or dwelling unit, where a child
under the age of six (6) years, with environmental intervention blood lead
level or greater resides, or on any premises and may include, but is not
limited to: repair, enclosure, encapsulation, or removal of lead based paint
and/or lead contaminated dust, soil, or drinking water; relocation of
occupants; and cleanup measures or ongoing maintenance measures, which may
include activities and/or measures that do not present an undue risk to
children under age six (6).
15.
"Lead inspection" means any type of physical investigation of a child care
facility single-family house, dwelling unit, or premises to identify the
presence of environmental lead, lead hazards, or compliance with the cleaning
requirements and lead standards in §
5.8 of this Subchapter for
paint, dust, soil, and/or water.
16. "Lead inspector" means an individual, who
successfully completed a certified Lead Inspector training course, passed the
Lead Inspector Department examination, completed a supervised field
apprenticeship, and obtained a license, pursuant to this Part, to conduct lead
inspections.
17. "Lead
inspector-in-training" means an individual who successfully completed a
certified Lead Inspector training course, passed the Lead Inspector Department
examination, and obtained a license, pursuant to this Part, to conduct a
supervised apprenticeship to meet the requirements for a Lead Inspector
license.
18. "Lead professional"
means an occupational grouping of individuals and organizations licensed or
certified pursuant to this Part.
19. "Lead renovation firm" means any person
or organization engaged in renovation, repair, and painting (RRP) or lead
hazard control (LHC) as a business and licensed pursuant to this
Part.
20. "Lead renovator" means an
individual who successfully completed a certified Lead Renovator training
course and obtained a valid training certificate, pursuant to this Part, to
perform renovation, repair, and painting (RRP) and lead hazard control (LHC)
work.
21. "Lead supervisor" means
an individual who successfully completed a certified Lead Supervisor training
course, passed the Lead Supervisor Department examination, and obtained a
license, pursuant to this Part, to perform and/or supervise lead hazard
reduction (LHR) work.
22. "Lead
training course" or "LTC" means a lead training course certified by the
Department to meet the training prerequisite of a specific lead professional
license issued by the Department or the certification requirement of a Lead
Renovator.
23. "Lead worker" means
an individual who successfully completed a certified Lead Worker training
course and obtained a license, pursuant to this Part, to perform lead hazard
reduction work.
24. "License" means
an authorization granted by the Department to engage in a business or
occupation that is subject to regulation by the Department. For the purposes of
this Part, a registration, certification, permit or similar authorization
issued by the Department is also considered to be a license.
25. "Occupant" means, as defined by R.I. Gen.
Laws §
23-24.6-4, any person who legally
resides in, or regularly uses, a dwelling, dwelling unit, or structure;
provided, however, that a guest of any age shall not be considered an occupant
for the purposes of this Chapter.
26. "Owner" means, as defined by R.I. Gen.
Laws §
23-24.6-4, any person who, alone
or jointly or severally with others:
a. Shall
have legal title to any dwelling or dwelling unit with or without accompanying
actual possession of it; or
b.
Shall have charge, care, or control of any dwelling or dwelling unit as owner
or agent of the owner or an executor, administrator, trustee, or guardian of
the estate of the owner. Any person representing the actual owner shall be
bound to comply with the provisions of this Chapter and with Rules and
Regulations adopted pursuant to this Chapter to the same extent as if that
person were the owner. An agent of the owner excludes real estate and property
management functions where the agent is only responsible for the property
management and does not have authority to fund capital and/or major property
rehabilitation on behalf of the owner.
c. For purposes of publicly owned property
only, the owner shall be defined to be the Chief Executive Officer of the
municipal or State agency which owns, leases or controls the use of the
property.
27. "Person"
means any individual, partnership, firm, corporation, association, or
organization, including municipal and State agencies.
28. "Renovation" means the modification of
any existing structure, or portion thereof that results in the disturbance of
lead-painted surfaces, unless that activity is performed as part of a lead
hazard control (LHC) or lead hazard reduction (LHR) project. The term
renovation includes, but is not limited to: the removal, modification or repair
of painted surfaces or painted components (e.g. modification of painted doors,
surface restoration, window repair); surface preparation activities such as
sanding, scraping, or other such activities which may generate paint dust; the
removal of building components (e.g. walls, ceilings, plumbing, windows);
weatherization projects (e.g. cutting holes in painted surfaces to install
blown-in insulation or to gain access to attics, planning thresholds to install
weather-stripping); and interim controls that disturb lead-painted surfaces. A
renovation performed for converting a building, or part of a building, into
target housing or child care facilities is a renovation under this Part. The
term renovation does not include minor repair and maintenance
activities.
29. "Renovation,
repair, and painting project" or "RRP project" means a project which is being
done by a Lead Renovation Firm for purposes other than removing lead-based
paint or correcting lead hazards (although it may result in this). The purpose
of an RRP project is to ensure that that renovations performed at a regulated
facility or for compensation at target housing are done safely and prevent lead
exposure to owners, occupants and neighbors of the property where the work is
performed. Any additional work which disturbs lead-based paint, other than
emergency renovation operations, performed in the same room or area within the
same thirty (30) day period must be considered the same RRP project for the
purpose of determining whether the work is spot removal or renovation, repair,
and painting (RRP).
30. "Supervised
lead inspector-in-training" means a Lead Inspector-in-Training who is
performing a field apprenticeship under the direct on-site supervision of a
Department-approved Lead Inspector for the purpose of meeting the Lead
Inspector licensing requirements of this Part.
31. "Temporary training facility" or
"temporary training location" means a nonpermanent training location approved
by the Department for a lead training course certified pursuant to this
Part.
32. "Training hour" means at
least fifty (50) minutes of actual learning, including, but not limited to,
time devoted to lecture, learning activities, demonstrations, evaluations, and
hands-on experience.
33. "Training
provider" means a person offering or conducting a lead training course
certified pursuant to this Part.
34. "Treatments" means any methods designed
to control or reduce lead exposure hazards. Treatments include lead abatement,
interim controls, or a combination of both.
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