§2681 — Title 15 Commerce and Trade | U.S. Code

Summary

Defines key words used for controlling lead hazards in housing. Abatement means permanent work to get rid of lead hazards under standards set by the Administrator, including removing or covering lead paint or contaminated soil and the prep, cleanup, disposal, and clearance testing that go with that work. Accessible surface means a painted inside or outside surface a young child can put in their mouth. Deteriorated paint means paint that is peeling, chipping, cracking, or otherwise damaged. Evaluation means a risk assessment, an inspection, or both. Friction surface means a painted surface that gets rubbed or worn, like some windows, floors, or stairs. Impact surface means a surface that gets hit repeatedly, such as parts of door frames. Inspection means a surface-by-surface check for lead and a written report of the findings. Interim controls means temporary steps to lower lead exposure, like special cleaning, repairs, painting, temporary containment, monitoring, and tenant education or management programs. Lead-based paint means paint or coatings with more than 1.0 milligram per square centimeter or more than 0.5 percent lead by weight, except HUD may set a lower level for target housing and the Administrator may set other levels for other uses. Lead-based paint hazard means a condition that exposes people to lead through dust, soil, or deteriorated or accessible/friable/impact surfaces that the Administrator says can harm health. Lead-contaminated dust means surface dust above levels the Administrator sets that threaten pregnant women or young children. Lead-contaminated soil means bare soil on residential property at or above hazardous levels the Administrator sets. Reduction means steps to lower or eliminate exposure, including interim controls and abatement. Residential dwelling means a single-family house (including attached porches) or a single family unit in a multi-unit building used as a home. Residential real property means property with one or more residential dwellings. Risk assessment means an on-site study to find and report where lead hazards are, including housing history and child occupancy, a visual check, limited wipe or other sampling, other needed activities, and a report. Target housing means housing built before 1978, except housing for the elderly or people with disabilities or any 0-bedroom dwelling (unless a child less than 6 years of age lives or is expected to live there); HUD may pick an earlier date for places that banned lead earlier.

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.

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