Title 15Commerce and TradeRelease 119-73

§2681 Definitions

Title 15 › Chapter CHAPTER 53— - TOXIC SUBSTANCES CONTROL › Subchapter SUBCHAPTER IV— - LEAD EXPOSURE REDUCTION › § 2681

Last updated Apr 6, 2026|Official source

Summary

Defines the key words used for dealing with lead paint, how to find it, and how to lower or eliminate the danger. Abatement — permanent fixes to get rid of lead hazards, such as removing or replacing painted parts, enclosing or covering lead, fixing soil, and the cleanup and testing that follow. Accessible surface — a painted surface a young child could mouth or chew. Deteriorated paint — paint that is peeling, chipping, cracking, chalking, or otherwise damaged. Evaluation — a risk assessment, an inspection, or both. Friction surface — a surface worn by rubbing or use (for example parts of windows, floors, or stairs). Impact surface — a surface that gets hit repeatedly (for example parts of door frames). Inspection — a careful, surface-by-surface check for lead and a written report of the results. Interim controls — temporary steps to lower exposure, like special cleaning, repairs, repainting, temporary barriers, monitoring, and education programs. Lead-based paint — paint or coating with more than 1.0 mg/cm² or more than 0.5% by weight; HUD’s Secretary can set a lower level for target housing, and the Administrator can set other levels for other coatings. Lead-based paint hazard — any condition that causes harmful lead exposure from dust, soil, or certain painted surfaces, as defined by the Administrator. Lead-contaminated dust — household dust with lead above levels the Administrator sets that threaten pregnant women or young children. Lead-contaminated soil — bare soil on residential property with lead at or above levels the Administrator calls hazardous. Reduction — measures to lower or remove exposure, including interim controls and abatement. Residential dwelling — a single-family home or a single unit in a multi-unit building used as a home. Residential real property — land with one or more homes on it. Risk assessment — an on-site study to find and report where and how bad lead hazards are, including housing age and child occupancy, visual checks, limited wipe or other sampling, and a written report. Target housing — housing built before 1978, except housing for the elderly or people with disabilities and zero-bedroom units (unless a child under 6 lives or will live there); HUD’s Secretary may choose an earlier date for areas that banned lead earlier.

Full Legal Text

Title 15, §2681

Commerce and Trade — Source: USLM XML via OLRC

For the purposes of this subchapter:
(1)The term “abatement” means any set of measures designed to permanently eliminate lead-based paint hazards in accordance with standards established by the Administrator under this subchapter. Such term includes—
(A)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
(B)all preparation, cleanup, disposal, and postabatement clearance testing activities associated with such measures.
(2)The term “accessible surface” means an interior or exterior surface painted with lead-based paint that is accessible for a young child to mouth or chew.
(3)The term “deteriorated paint” means any interior or exterior paint that is peeling, chipping, chalking or cracking or any paint located on an interior or exterior surface or fixture that is damaged or deteriorated.
(4)The term “evaluation” means risk assessment, inspection, or risk assessment and inspection.
(5)The term “friction surface” means an interior or exterior surface that is subject to abrasion or friction, including certain window, floor, and stair surfaces.
(6)The term “impact surface” means an interior or exterior surface that is subject to damage by repeated impacts, for example, certain parts of door frames.
(7)The term “inspection” means (A) a surface-by-surface investigation to determine the presence of lead-based paint, as provided in section 4822(c) of title 42, and (B) the provision of a report explaining the results of the investigation.
(8)The term “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.
(9)The term “lead-based paint” means paint or other surface coatings that contain lead in excess of 1.0 milligrams per centimeter squared or 0.5 percent by weight or (A) in the case of paint or other surface coatings on target housing, such lower level as may be established by the Secretary of Housing and Urban Development, as defined in section 4822(c) of title 42, or (B) in the case of any other paint or surface coatings, such other level as may be established by the Administrator.
(10)The term “lead-based paint hazard” means any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as established by the Administrator under this subchapter.
(11)The term “lead-contaminated dust” means surface dust in residential dwellings that contains an area or mass concentration of lead in excess of levels determined by the Administrator under this subchapter to pose a threat of adverse health effects in pregnant women or young children.
(12)The term “lead-contaminated soil” means bare soil on residential real property that contains lead at or in excess of the levels determined to be hazardous to human health by the Administrator under this subchapter.
(13)The term “reduction” means measures designed to reduce or eliminate human exposure to lead-based paint hazards through methods including interim controls and abatement.
(14)The term “residential dwelling” means—
(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 1 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 1 or more persons.
(15)The term “residential real property” means real property on which there is situated 1 or more residential dwellings used or occupied, or intended to be used or occupied, in whole or in part, as the home or residence of 1 or more persons.
(16)The term “risk assessment” means an on-site investigation to determine and report the existence, nature, severity and location of lead-based paint hazards in residential dwellings, including—
(A)information gathering regarding the age and history of the housing and occupancy by children under age 6;
(B)visual inspection;
(C)limited wipe sampling or other environmental sampling techniques;
(D)other activity as may be appropriate; and
(E)provision of a report explaining the results of the investigation.
(17)The term “target housing” means any housing constructed prior to 1978, except housing for the elderly or persons with disabilities or any 0-bedroom dwelling (unless any child who is less than 6 years of age resides or is expected to reside in such housing). In the case of jurisdictions which banned the sale or use of lead-based paint prior to 1978, the Secretary of Housing and Urban Development, at the Secretary’s discretion, may designate an earlier date.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2017—Par. (17). Pub. L. 115–31, § 237(c)(1), which directed insertion of “or any 0-bedroom dwelling” after “disabilities,”, was executed by making the insertion after “disabilities” the first place appearing to reflect the probable intent of Congress. Pub. L. 115–31, § 237(c)(2), which directed substitution of “housing)” for “housing for the elderly or persons with disabilities) or any 0 bedroom dwelling”, was executed by making the substitution for “housing for the elderly or persons with disabilities) or any 0-bedroom dwelling” to reflect the probable intent of Congress.

Reference

Citations & Metadata

Citation

15 U.S.C. § 2681

Title 15Commerce and Trade

Last Updated

Apr 6, 2026

Release point: 119-73