15 U.S.C. § 2681: Definitions

Summary

Gives clear meanings for words used in the rules about lead-based paint and how to fix or lower lead hazards. Abatement means permanent steps to remove lead hazards, like taking off lead paint or dust, replacing or covering lead-painted parts, fixing or covering contaminated soil, and the prep, cleanup, disposal, and final testing that go with the job. Accessible surface means any painted indoor or outdoor surface a young child could mouth or chew. Deteriorated paint means paint that is peeling, chipping, chalking, cracking, or otherwise damaged. Evaluation means a risk assessment, an inspection, or both. Friction surface means a surface that rubs or creates wear (for example, some windows, floors, or stairs). Impact surface means a surface that gets hit often (for example, parts of door frames). Inspection means a surface-by-surface check for lead paint and a written report of the findings. Interim controls means temporary steps to reduce exposure, like special cleaning, repairs, repainting, temporary containment, monitoring, and education or management programs. Lead-based paint means paint or coatings with more than 1.0 mg/cm2 of lead or more than 0.5% lead by weight, or lower levels set by HUD for target housing or by the Administrator for other uses. Lead-based paint hazard means any condition that causes harmful lead exposure from dust, soil, or paint on accessible, friction, or impact surfaces as defined by the Administrator. Lead-contaminated dust and lead-contaminated soil mean dust or bare soil on residential property that exceed hazard levels set by the Administrator. Reduction means steps to cut or remove exposure, including interim controls and abatement. Residential dwelling means a single-family home or a single-family unit in a multi-unit building used as a home. Residential real property means land with one or more residential dwellings on it. Risk assessment means an on-site check to find and report lead hazards, including housing history, whether children under 6 live there, a visual check, limited wipe or other sampling, any other needed steps, and a written report. Target housing means housing built before 1978, except housing for the elderly or people with disabilities and 0-bedroom units unless a child under 6 lives or is expected to live there; HUD may set an earlier date where lead paint was banned before 1978.

Title 15, §2681

Commerce and Trade, Source: USLM XML via OLRC

For the purposes of this subchapter:

(1)Abatement

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)Accessible surface

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)Deteriorated paint

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)Evaluation

The term “evaluation” means risk assessment, inspection, or risk assessment and inspection.

(5)Friction surface

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)Impact surface

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)Inspection

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)Interim controls

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)Lead-based paint

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)Lead-based paint hazard

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)Lead-contaminated dust

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)Lead-contaminated soil

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)Reduction

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)Residential dwelling

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)Residential real property

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)Risk assessment

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)Target housing

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.

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.

§2681 Definitions

Summary

Title 15, §2681

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata