Section 701.300

Title XLI CODES AND STANDARDS

Chapter 701

Effective - 28 Aug 1998   

  701.300.  Definitions. — As used in sections 701.300 to 701.338, the following terms mean:

  (1)  "Abatement",

  (a)  Any measure regulated solely by the Missouri department of health and senior services designed to permanently eliminate lead hazards, which shall include:

  a.  The removal of lead-bearing substances, the replacement of lead-painted surfaces or fixtures, or the permanent enclosure or encapsulation of lead-bearing substances; and

  b.  All preparation, cleanup, disposal, and postabatement clearance testing activities associated with such measures;

  (b)  "Abatement" shall not include any measure involving a de minimis surface area or activity excluded from this definition by rule;

  (2)  "Child-occupied facility", a building or portion of a building constructed prior to 1978 and visited regularly by the same child who is six or fewer years of age including, but not limited to, day care centers, preschools and kindergarten classrooms.  For the purposes of this subdivision, "visited regularly" means a minimum of two visits on different days within any week, provided that each visit lasts at least three hours and the combined weekly visits last at least six hours and the combined annual visits last at least sixty hours;

  (3)  "Deleading", the removal of lead-bearing substances;

  (4)  "Department", the department of health and senior services;

  (5)  "Deteriorated lead-bearing substance", any interior or exterior lead-bearing surface coating material as defined by rule that is peeling, chipping, chalking, or cracking or any lead-bearing substance located on an interior or exterior surface or fixture that is damaged, deteriorated or otherwise separating from the substrate or a structure component;

  (6)  "Director", the director of the department of health and senior services;

  (7)  "Dwelling", either:

  (a)  A single-family dwelling, including attached structures such as porches and stoops; or

  (b)  A single-family dwelling unit in a structure that contains more than one separate residential dwelling unit and in which each such unit is used or occupied or intended to be used or occupied, in whole or in part, as the home or residence of one or more persons;

  (8)  "Encapsulant", a liquid coating or adhesively bonded substance applied to a surface to form a barrier between a lead-bearing substance and the environment;

  (9)  "Encapsulation", the application of an encapsulant;

  (10)  "Enclosure", the use of rigid, durable construction materials mechanically fastened to a substrate to act as a barrier between a lead-bearing substance and the environment;

  (11)  "Health care professional", any physician, hospital, or other person which is licensed or otherwise authorized in this state to furnish health care services;

  (12)  "Interim control", any measure designed to temporarily reduce human exposure or likely human exposure to lead hazards.  Such measures may include, but are not limited to, specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead hazards or potential hazards, or the establishment and operation of management and resident education programs;

  (13)  "Lead abatement contractor", a person or entity licensed by the department to conduct lead-bearing substance activities at a location other than the contractor's own place of business;

  (14)  "Lead abatement project":

  (a)  The encapsulation, enclosure or removal of a lead-bearing substance;

  (b)  "Lead abatement project" shall not include any measure involving a de minimis surface area or activity excluded from this definition by rule;

  (15)  "Lead abatement supervisor", a person licensed by the department to direct, control or supervise personnel in a lead abatement project;

  (16)  "Lead abatement worker", a person licensed by the department to work on a lead abatement project;

  (17)  "Lead-bearing substance activity", any activity associated with a lead abatement project including, but not limited to, project design, risk assessment, inspection, abatement or deleading under this chapter;

  (18)  "Lead-bearing substance",

  (a)  includes:

  a.  Any paint or other surface coating materials that contain lead equal to or in excess of one milligram per square centimeter or more than five-tenths percent by weight or such other standard for lead content in paint as may be established by federal law or regulation;

  b.  Surface dust that contains a concentration of lead specified by rules promulgated by the department that shall be consistent with the purposes of laws enacted by the United States Congress and regulations promulgated or guidance issued by any federal agency;

  c.  Bare soil that contains a concentration of lead specified by rules promulgated by the department that shall be consistent with the purposes of laws enacted by the United States Congress and regulations promulgated or guidance issued by any federal agency; or

  d.  Any lead-based paint, lead-based paint hazard or lead-based paint activity consistent with the purposes of laws enacted by the United States Congress and regulations promulgated or guidance issued by any federal agency; and

  (b)  "Lead-bearing substance" as regulated by the Missouri department of health and senior services does not include any substance generated through the mining, milling or smelting  of lead ore or scrap, or generated through lead product manufacturing or use provided that such substance has not migrated off or been transported from the mining, smelting, or manufacturing site and entered a residential area or any other public access environment;

  (19)  "Lead hazard", any condition that causes exposure to lead that would result in adverse human health effects from deteriorated lead-bearing substances or lead-bearing substances present in "accessible surfaces", "friction surfaces", or "impact surfaces", as such terms are defined in 15 U.S.C. 2681;

  (20)  "Lead inspection", a surface-by-surface investigation to determine the presence of lead-bearing substances and a report or provision of a report which explains the results of such an investigation;

  (21)  "Lead inspector", a person licensed by the department to conduct lead inspections;

  (22)  "Lead poisoning", the laboratory determination of a human whole blood lead level as established by the federal Centers for Disease Control;

  (23)  "Owner", any person, who alone, jointly or severally with others:

  (a)  Has legal title to any child-occupied facility, dwelling or dwelling unit, with or without accompanying actual possession thereof; or

  (b)  Has charge, care or control of any child-occupied facility, dwelling or dwelling unit as owner or agent of the owner, or as executor, administrator, trustee, or guardian of, the estate of the owner;

  (24)  "Project designer", a person licensed by the department to conduct activities including, but not limited to, the development and implementation of occupant protection plans, lead-bearing substance abatement and hazard reduction methods, interior dust abatement and cleanup methods, hazard control and reduction methods, clearance standards and testing protocols and integration of lead-bearing substance abatement methods with modernization and rehabilitation projects for lead abatement projects;

  (25)  "Risk assessment", an on-site investigation to determine the existence, nature, severity and location of lead hazards, and the provision of a report by the person conducting the risk assessment explaining the results of the investigation and options for reducing lead hazards;

  (26)  "Risk assessor", a person licensed by the department to conduct risk assessments;

  (27)  "Work practice standards", requirements or standards that ensure that lead-bearing substance abatement activities are conducted reliably, effectively and safely.

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(L. 1993 S.B. 232 § 1, A.L. 1998 H.B. 977 & 1608)