Section 1 — Definitions
Summary of abbreviations of terms used in these Regulations
|ASTM||American Society for Testing and Materials|
|EBL||Elevated blood lead level|
|EBS||Environmental Health Specialist|
|EPA||United States Environmental Protection Agency|
|NLLAP||National Lead Laboratory Accreditation Program|
|NRS||Nevada Revised Statutes|
|OSHA||Occupational Safety and Health Administration|
|ppm||parts per million|
|RLH||Residential lead hazard|
|SNHD||Southern Nevada Health District|
As used in these Regulations, unless the context otherwise requires, the following words and terms defined have the meanings ascribed to them in this document.
1.1 “Abate” defined. Abate means to suppress or put an end to a lead-related health hazard or contributing act, or to reduce the degree of a lead-related health hazard to a level acceptable to the Health Authority.
1.2 “Abatement” defined. Abatement is any measure or set of measures designed to permanently eliminate lead-based paint hazards. Abatement includes, but is not limited to:
1.2.1 The removal of paint and dust, the permanent enclosure or encapsulation of lead-based paint, the replacement of painted surfaces or fixtures, or the removal or permanent covering of soil, when lead-based paint hazards are present in such paint, dust or soil; and
1.2.2 All preparation, cleanup, disposal, and post-abatement clearance testing activities associated with such measures.
1.2.3 Specifically, abatement includes, but is not limited to:
188.8.131.52 Projects for which there is a written contract or other documentation, which provides that an individual or firm will be conducting activities in or to a residential dwelling or child-occupied facility that:
184.108.40.206.1 Shall result in the permanent elimination of lead-based paint hazards; or
220.127.116.11.2 Are designed to permanently eliminate lead-based paint hazards and are described in definition Sections 1.2.1 and 1.2.2.
18.104.22.168 Projects resulting in the permanent elimination of lead-based paint hazards, conducted by certified firms or individuals, unless such projects are covered by definition Section 1.2.4;
22.214.171.124 Projects resulting in the permanent elimination of lead-based paint hazards, conducted by firms or individuals who, through their company name or promotional literature, represent, advertise, or hold themselves out to be in the business of performing lead-based paint activities as identified and defined by this section, unless such projects are covered by definition Section 1.2.4; or
1.2.4 Abatement does not include renovation, remodeling, landscaping or other activities, when such activities are not designed to permanently eliminate lead-based paint hazards, but, instead, are designed to repair, restore, or remodel a given structure or dwelling, even though these activities may incidentally result in a reduction or elimination of lead-based paint hazards. Furthermore, abatement does not include interim controls, operations and maintenance activities, or other measures and activities designed to temporarily, but not permanently, reduce lead-based paint hazards.
1.3 “Adequate quality control” defined. Adequate quality control means a plan or design which ensures the authenticity, integrity, and accuracy of samples, including dust, soil, and paint chip or paint film samples. Adequate quality control also includes provisions for representative sampling.
1.4 “Administrative Hearing Officer” defined. An Administrative Hearing Officer is the Administrator or any person designated by him to conduct a hearing relating to a citation, order, or notice issued by the Health Authority pursuant to these Regulations.
1.5 “Agency of jurisdiction” defined. The agency of jurisdiction is the local building department; safety authority; business licensing; federal, state or local health agency; federal regulatory agencies; other than the Health Authority, having jurisdiction concerning construction, operation, maintenance, and public safety of any structure or facility, which may have a lead-related hazard.
1.6 “Agent” defined. An Agent is any party who enters into a contract with a seller or lessor, including any party who enters into a contract with a representative of the seller or lessor, for the purpose of selling or leasing target housing. This term does not apply to purchasers or any purchaser’s representative who receives all compensation from the purchaser.
1.7 “Approved” defined. Approved means acceptable to the Health Authority based on conformance with any applicable, adopted Regulations, good public health practices, and recognized industry standards.
1.8 “Arithmetic mean” defined. The arithmetic mean is the algebraic sum of data values divided by the number of data values (e.g., the sum of the concentration of lead in several soil samples divided by the number of samples).
1.9 “Available” defined. Available means in the possession of or reasonably obtainable by the seller or lessor at the time of the disclosure.
1.10 “Building” defined. A building is a fixed construction with walls, foundation, and roof, such as a house, factory, or garage.
1.11 “Business day” defined. A business day is Monday through Friday with the exception of SNHD holidays.
1.12 “Certified firm” defined. Certified firm is a company, partnership, corporation, sole proprietorship, association, or other business entity that performs lead-based paint activities to which EPA has issued a certificate of approval.
1.13 “Certified inspector” defined. A certified inspector is an individual who has been trained by a program accredited by the EPA and carries an EPA certificate to work in the state of Nevada. A certified inspector also samples for the presence of lead in dust and soil for the purposes of abatement clearance testing.
1.14 “Certified project designer” defined. A certified project designer is an individual who has been trained by a program accredited by the EPA and carries an EPA certificate to work in the state of Nevada preparing abatement project designs, occupant protection plans, and abatement reports.
1.15 “Certified risk assessor” defined. A certified risk assessor is an individual who has been trained by a program accredited by the EPA and carries an EPA certificate to work in the state of Nevada. A risk assessor also samples for the presence of lead in dust and soil for the purposes of abatement clearance testing.
1.16 “Certified supervisor” defined. A certified supervisor is an individual who has been trained by a program accredited by the EPA and carries an EPA certificate to work in the state of Nevada supervising and conducting abatements, and to preparing occupant protection plans and abatement reports.
1.17 “Chewable surface” defined. A chewable surface is an interior or exterior surface painted with lead-based paint that a young child can mouth or chew. Hard metal substrates and other materials that cannot be dented by the bite of a young child are not considered chewable.
1.18 “Child care facility” defined. A child care facility is a licensed establishment operated and maintained for the purpose of furnishing care, during the day or overnight, for children under eighteen (18) years of age, in which the parents or guardians are not present.
1.19 “Child-occupied facility” defined. A child-occupied facility is a building, or portion of a building, constructed prior to 1978, visited regularly by the same child, under 6 years of age, on at least two different days within any week (Sunday through Saturday period), provided that each day’s visit lasts at least 3 hours and the combined weekly visits last at least 6 hours, and the combined annual visits last at least 60 hours.
Child-occupied facilities may include, but are not limited to, day care centers, preschools and kindergarten classrooms.
Child-occupied facilities may be located in target housing or in public or commercial buildings.
With respect to common areas in public or commercial buildings that contain child-occupied facilities, the child-occupied facility encompasses only those common areas that are routinely used by children under age 6, such as restrooms and cafeterias. Common areas that children under age 6 only pass through, such as hallways, stairways, and garages are not included.
In addition, with respect to exteriors of public or commercial buildings that contain child-occupied facilities, the child-occupied facility encompasses only the exterior sides of the building that are immediately adjacent to the child-occupied facility or the common areas routinely used by children under age 6.
1.20 “Children” defined. For the purposes of these Regulations, children are defined as people twelve (12) years of age and younger.
1.21 “Cleaning verification card” defined. A cleaning verification card is a card developed and distributed, or otherwise approved, by EPA for the purpose of determining, through comparison of wet and dry disposable cleaning cloths with the card, whether post-renovation cleaning has been properly completed.
1.22 “Clearance levels” defined. Clearance levels are values that indicate the maximum amount of lead permitted in dust on a surface following completion of an abatement activity.
1.23 “Commercial property” defined. Commercial property means any real property which is not used as a dwelling unit and is not occupied as, or designed or intended for occupancy as, a residence or sleeping place. [NRS 439.479.8(a)]
1.24 “Common area” defined. The common area is a portion of a building generally accessible to all residents/users including, but not limited to, hallways, stairways, laundry and recreational rooms, playgrounds, community centers, and boundary fences.
1.25 “Common area group” defined. A common area group is a group of common areas that are similar in design, construction, and function. Common area groups include, but are not limited to hallways, stairwells, and laundry rooms.
1.26 “Components or building components” defined. Components or building components are specific design or structural elements or fixtures of a building or residential dwelling that are distinguished from each other by form, function, and location.
These include, but are not limited to, interior components such as ceilings, crown molding, walls, chair rails, doors, door trim, floors, fireplaces, radiators and other heating units, shelves, shelf supports, stair treads, stair risers, stair stringers, newel posts, railing caps, balustrades, windows and trim (including sashes, window heads, jambs, sills or stools and troughs), built in cabinets, columns, beams, bathroom vanities, counter tops, and air conditioners; and exterior components such as painted roofing, chimneys, flashing, gutters and downspouts, ceilings, soffits, fascias, rake boards, cornerboards, bulkheads, doors and door trim, fences, floors, joists, lattice work, railings and railing caps, siding, handrails, stair risers and treads, stair stringers, columns, balustrades, windowsills or stools and troughs, casings, sashes and wells, and air conditioners.
1.27 “Concentration” defined. Concentration means the relative content of a specific substance contained within larger mass, such as the amount of lead (in micrograms per gram or parts per million by weight) in a sample of dust or soil.
1.28 “Contract for the purchase and sale of residential real property” defined. A contract for the purchase and sale of residential real property is any contract or agreement in which one party agrees to purchase an interest in real property on which there is situated one 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 one or more persons.
1.29 “Containment” defined. Containment is a process to protect workers and the environment by controlling exposures to the lead-contaminated dust and debris created during an abatement project.
1.30 “Debris” defined. Debris means materials which may be present in accumulations including, but not limited to: deteriorated lumber; old newspapers; furniture parts; stoves, sinks; cabinets; household fixtures; refrigerators; car parts; abandoned, broken, or neglected equipment; or the scattered remains of items.
1.31 “Deteriorated paint” defined. Deteriorated paint is any interior or exterior paint or other coating that is peeling, chipping, chalking or cracking, or any paint or coating located on an interior or exterior surface or fixture that is otherwise damaged or separated from the substrate.
1.32 “Deterioration” defined. Deterioration is a lowering in quality of the condition or appearance of a building, structure, or premises or parts thereof characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting, or any other evidence of physical decay, damage, neglect, or lack of maintenance. (Hend Muni Code 15.12.020)
1.33 “Discipline” defined. A discipline is one of the specific types or categories of lead-based paint activities identified in this Section for which individuals may receive training from accredited programs and become certified by EPA. For example, “risk assessor” is a discipline.
1.34 “Distinct painting history” defined. A distinct painting history is the application history, as indicated by its visual appearance or a record of application, over time, of paint or other surface coatings to a component or room.
1.35 “Documented methodologies” defined. Documented methodologies are methods or protocols used to sample for the presence of lead in paint, dust, and soil.
1.36 “Dripline” defined. The dripline is the area within three (3) feet surrounding the perimeter of a building.
1.37 “Dry disposable cleaning cloth” defined. A dry disposable cleaning cloth is a commercially available dry, electrostatically charged, white disposable cloth designed to be used for cleaning hard surfaces such as uncarpeted floors or counter tops.
1.38 “Dwelling” and “dwelling unit” defined. A dwelling or dwelling unit is a structure or the part of a structure that is occupied as, or designed or intended for occupancy as, a residence or sleeping place by one person who maintains a household or by two or more persons who maintain a common household. [NRS 118A.080, NRS 439.479.8(b)]
1.39 “Elevated blood lead (EBL) level” defined. An elevated blood lead (EBL) level is an excessive absorption of lead that is a confirmed concentration of lead in whole blood of 10 µg/dl (micrograms of lead per deciliter of whole blood) for a single venous test, or the most current levels as defined by CDC and EPA.
1.40 “Encapsulant” defined. An encapsulant is a substance that forms a barrier between lead-based paint and the environment using a liquid-applied coating (with or without reinforcement materials) or an adhesively bonded covering material.
1.41 “Encapsulation” defined. Encapsulation means the application of an encapsulant.
1.42 “Enclosure” defined. Enclosure means the use of rigid, durable construction materials that are mechanically fastened to the substrate in order to act as a barrier between lead-based paint and the environment.
1.43 “Enforcement” defined. Enforcement means diligent effort to secure compliance, including review of plans and permit applications, response to complaints, issuance of Notices of Violation or Orders for Abatement, and other legal processes. Except as otherwise provided in these Regulations, enforcement may include inspections of existing land, buildings, and structures.
1.44 “Environmental surface” defined. An environmental surface is the surface of any furniture, equipment, fixtures, walls, floors, ceilings, lavatories, toilets, tables, countertops, cabinets, play equipment, or similar surface which is part of a dwelling.
1.45 “Equipment” defined. Equipment is an article that is used in the functional operation of a dwelling such as a freezer, refrigerator, ice maker, mixer, oven, stove, scale, sink, table, temperature measuring device, laundry washer, dryer, or warewashing machine. This definition excludes disposable or single-use articles which are discarded after use.
1.46 “Evaluation” defined. An evaluation is a risk assessment and/or inspection.
1.47 “Faucet” defined. A faucet is a device that regulates the flow rate of water at the point of delivery at a sink or bathtub.
1.48 “Firm” defined. A firm is a company, partnership, corporation, sole proprietorship or individual doing business, association, or other business entity; a federal, state, or local government agency; or a nonprofit organization.
1.49 “Foreclosure” defined. Foreclosure means any of the various methods, statutory or otherwise, known in different jurisdictions, of enforcing payment of a debt, by the taking and selling of real property.
1.50 “Friction surface” defined. The friction surface is an interior or exterior surface that is subject to abrasion or friction, including, but not limited to, certain window, floor, and stair surfaces.
1.51 “Furniture” defined. Furniture is any movable article in a room or public area that makes it fit for living or working. Furniture includes but is not limited to, tables, chairs, bed headboards, bed frames, box frames, sofas, carpets, curtains, pictures, vases, mirrors, televisions and other electrical equipment, and appliances. Bedding, utensils, and tableware are NOT considered to be furniture.
1.52 “Health Authority” defined. Health Authority means the officers and agents of the Southern Nevada District Board of Health and the SNHD.
1.53 “Health hazard” defined. A health hazard is any biological, physical, or chemical exposure, condition, or public nuisance that may adversely affect the health of a person.
1.54 “Health-Permitted facilities” defined. Health-Permitted facilities are those facilities or businesses, which have been issued a document by the Health Authority that authorizes a person to operate a business legally regulated by the Health Authority.
1.55 “HEPA vacuum” defined. A HEPA vacuum is a vacuum cleaner which has been designed with a high-efficiency particulate air (HEPA) filter as the last filtration stage. A HEPA filter is a filter that is capable of capturing particles of 0.3 microns with 99.97% efficiency. The vacuum cleaner must be designed so that all the air drawn into the machine is expelled through the HEPA filter with none of the air leaking past it.
1.56 “Housing for the elderly” defined. Housing for the elderly means retirement communities or similar types of housing reserved for households composed of one or more persons 62 years of age or more at the time of initial occupancy.
1.57 “Impact surface” defined. The impact surface is an interior or exterior surface that is subject to damage by repeated sudden force such as certain parts of door frames.
1.58 “Inspection” defined. An inspection is a surface-by-surface investigation to determine the presence of lead-based paint and the provision of a report explaining the results of the investigation.
1.59 “Interim controls” defined. Interim controls are a set of measures designed to temporarily reduce 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.
1.60 “Interior window sill” defined. The interior window sill is the portion of the horizontal window ledge that protrudes into the interior of the room.
1.61 “Kitchen” defined. A kitchen is a room within a dwelling or dwelling unit or part of a building equipped for preparing and cooking food.
1.62 “Lead” defined. Lead is a naturally occurring heavy metal element that is widely present in the environment due to both its natural occurrence and human activities. Lead toxicity in humans has been well documented and adversely impacts many body systems. Even low exposures to lead has been shown to severely affect the development of children under the age of six. There is no save level of lead for children.
1.63 “Lead-based paint” defined. Lead-based paint is paint or other surface coatings that contain lead equal to or in excess of 1.0 milligram per square centimeter or 0.5 percent by weight.
1.64 “Lead-based paint activities” defined. Lead-based paint activities are, in the case of target housing and child-occupied facilities, inspection, risk assessment, and abatement, as defined in these Regulations.
1.65 “Lead-based paint free housing” defined. Lead-based paint free housing is target housing that has been found to be free of paint or other surface coatings that contain lead equal to or in excess of 1.0 milligram per square centimeter or 0.5 percent by weight.
1.66 “Lead-based paint hazard” defined. A lead-based paint hazard is one of the following: hazardous lead-based paint, dust-lead hazard or soil-lead hazard.
1.66.1 Paint-lead hazard.
126.96.36.199 Any lead-based paint on a friction surface that is subject to abrasion and where the lead dust levels on the nearest horizontal surface underneath the friction surface (e.g., the window sill, or floor) are equal to or greater than the dust-lead hazard levels identified in Section 1.68.2.
188.8.131.52 Any damaged or otherwise deteriorated lead-based paint on an impact surface that is caused by impact from a related building component (such as a door knob that knocks into a wall or a door that knocks against its door frame.
184.108.40.206 Any chewable lead-based painted surface on which there is evidence of teeth marks.
220.127.116.11 Any other deteriorated lead-based paint in any residential building or child-occupied facility or on the exterior of any residential building or child-occupied facility.
1.66.2 Dust-lead hazard. A dust-lead hazard is surface dust in a residential dwelling or child-occupied facility that contains a mass-per-area concentration of lead equal to or exceeding 40 µg/ft2 on floors or 250 µg/ft2 on interior window sills based on wipe samples.
1.66.3 Soil-lead hazard. A soil-lead hazard is bare soil on residential real property or on the property of a child-occupied facility that contains total lead equal to or exceeding 400 parts per million (ppm) (µg/g) in a play area or average of 1,200 ppm of bare soil in the rest of the yard based on soil samples.
1.67 “Lead-containing paint” defined. Lead-containing paint is paint or other similar surface coating materials containing lead or lead compounds in which the lead content (calculated as lead metal) is in excess of 0.009 percent [ninety (90) parts per million (ppm)] by weight of the total nonvolatile content of the paint or the weight of the dried paint film.
1.68 “Lead-bearing substance” defined. A lead-bearing substance means any of the following if they contain an amount equal to or greater than the amount of lead by weight (as determined by regulation) which may pose a significant health hazard to humans:
- Dust on any permanent or non-permanent surface of the dwelling, residential building, child care facility, or school;
- Items, substances, and surfaces that are edible or chewable by or accessible to children, including toys, furniture, or decorative objects;
- Food or other ingestible substances or items; and
- Paint or other surface coating material.
These Regulations regarding lead-bearing substances shall be based upon lead levels established, utilized, recommended, or offered as guidance by federal and state agencies as legally required, where established by law and regulation, or as best available control technology, when such becomes available.
1.69 “Lead hazard” defined. A lead hazard is any lead-bearing substance that poses a significant health hazard to humans.
1.70 “Lead-hazard screen” defined. Lead-hazard screen is a limited risk assessment activity for housing in good condition that involves limited paint and dust sampling as described in Section 5.2.3.
1.71 “Lead poisoning” defined. Lead poisoning is a medical condition caused by increased levels of the heavy metal lead in the body. Lead interferes with a variety of body processes and is toxic to many organs and tissues including the heart, bones, intestines, kidneys, and reproductive and nervous systems. It interferes with the development of the nervous system and is therefore particularly toxic to children, causing potentially permanent learning and behavior disorders. Symptoms include abdominal pain, headache, anemia, irritability, and in severe cases seizures, coma, and death.
1.72 “Lessee” defined. The lessee is any entity that enters into an agreement to lease, rent, or sublease target housing, including but not limited to individuals, partnerships, corporations, trusts, government agencies, housing agencies, and nonprofit organizations.
1.73 “Lessor” defined. The lessor is any entity that offers target housing for lease, rent, or sublease, including but not limited to individuals, partnerships, corporations, trusts, government agencies, housing agencies, and nonprofit organizations.
1.74 “Licensing authority” defined. The licensing authority is any agency of a county or incorporated city that meets the requirements for which they are authorized to issue the particular license sought by the applicant.
1.75 “Living area” defined. The living area is any area of a residential dwelling used by one or more children age 6 and under, including, but not limited to, living rooms, kitchen areas, dens, play rooms, and children’s bedrooms.
1.76 “Loading” defined. Loading means the quantity of a specific substance present per unit of surface area, such as the amount of lead in micrograms contained in the dust collected from a certain surface area divided by the surface area in square feet or square meters.
1.77 “Minor repair and maintenance activities” defined. Minor repair and maintenance activities are activities, including minor heating, ventilation or air conditioning work, electrical work, and plumbing, that disrupt six (6) square feet or less of painted surface per room for interior activities or twenty (20) square feet or less of painted surface for exterior activities where none of the work practices prohibited or restricted by Section 18.104.22.168, “WORK PRACTICE STANDARDS, Prohibited and Restricted Practices” are used and where the work does not involve window replacement or demolition of painted surface areas. When removing painted components, or portions of painted components, the entire surface area removed is the amount of painted surface disturbed. Jobs, other than emergency renovations, performed in the same room within the same 30 days must be considered the same job for the purpose of determining whether the job is a minor repair and maintenance activity.
1.78 “Multi-family dwelling” defined. A multi-family dwelling is a structure that contains more than one separate residential dwelling unit, which 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.
1.79 “Nonprofit” defined. A nonprofit is an entity which has demonstrated to any branch of the federal Government or to a state, municipal, or territorial government, that no part of its net earnings inure to the benefit of any private shareholder or individual.
1.80 “Normal wear” defined. Normal wear is that deterioration which occurs without negligence, carelessness, or abuse of the premises, equipment, or chattels by the tenant, a member of the household, or other person on the premises with the tenant’s consent. (paraphrased from NRS 118A.110)
1.81 “Nuisance” defined. A nuisance is anything, which is injurious to health, or offensive to the senses, so as to interfere with the comfort or endanger the health or safety of the public as defined by NRS 202.450.
1.82 “Operator” defined. The operator is the person who holds the license of a Health-Permitted or other business or is responsible for the management of such a location at the direction of the owner.
1.83 “Owner” defined. The owner is one or more persons, jointly or severally, in whom is vested all or part of the legal title to property, except a trustee under a deed of trust who is not in possession of the property or all or part of the beneficial ownership, and a right to present use and enjoyment of the premises. (NRS 118A.120)
1.84 “Paint and other similar surface-coating materials” defined. Paint and other similar surface-coating materials means any fluid, semi-fluid, or other material, with or without a suspension of finely divided coloring matter, which changes to a solid film when a thin layer. This definition does not include the glaze applied to ceramic tiles.
1.85 “Paint in fair condition” defined. Paint in fair condition is a condition in which paint is intact, but worn; minor chips are evident as a result of normal wear and tear; no adhesion or substrate problems, e.g., no broken wallboard is present.
Individual interior components with large surface areas (walls, ceilings, floors, doors) that evidence less than or equal to two (2) square feet of normal wear and tear or direct damage are considered to be in fair condition.
Individual interior components with small surface areas (window sills, baseboard) that evidence less than or equal to ten (10) percent normal wear and tear or direct damage on the total surface area of the component are considered to be in fair condition.
Exterior components with large surface areas that evidence less than or equal to ten (10) square feet of normal wear and tear or direct damage are considered to be in fair condition. Individual exterior components with small surface areas (soffits, trim) that evidence less than or equal to ten (10) percent normal wear and tear or direct damage on the total surface area of the component are considered to be in fair condition.
1.86 “Paint in good condition” defined. Paint in good condition is paint which is entirely intact.
1.87 “Paint in poor condition” defined. Paint in poor condition is a condition in which paint is severely worn, weathered or no longer adhering, i.e., peeling, cracking, flaking, chalking; or the substrate is broken, exposed or otherwise deteriorated.
Individual interior components with large surface areas (walls, ceilings, floors, doors) that evidence greater than two (2) square feet of normal wear and tear or direct damage are considered to be in poor condition.
Individual interior components with small surface areas (window sills, baseboard) that evidence greater than ten (10) percent normal wear and tear or direct damage on the total surface area of the component are considered to be in poor condition.
Exterior components with large surface areas that evidence greater than ten (10) square feet of normal wear and tear or direct damage are considered to be in poor condition.
Individual exterior components with small surface areas (soffits, trim) that evidence greater than ten (10) percent normal wear and tear or direct damage on the total surface area of the component are considered to be in poor condition.
1.88 “Pamphlet” defined. A pamphlet is the EPA pamphlet titled “Renovate Right: Important Lead Hazard Information for Families, Child Care.” This includes reproductions of the pamphlet when copied in full and without revision or deletion of material from the pamphlet (except for the addition or revision of state or local sources of information).
1.89 “Permanently covered soil” defined. Permanently covered soil is soil which has been separated from human contact by the placement of a barrier consisting of solid, relatively impermeable materials, such as pavement or concrete. Grass, mulch, and other landscaping materials are not considered permanent covering.
1.90 “Person” defined. “Person” includes individuals, firms, partnerships, associations, public or private institutions, municipalities, political subdivisions of the state of Nevada, governmental agencies, or public or private corporations.
1.91 “Play area” defined. The play area is an area of frequent soil contact by children of less than 6 years of age as indicated by, but not limited to, such factors including the following: the presence of play equipment (e.g., sandboxes, swing sets, and sliding boards), toys, or other children’s possessions, observations of play patterns, or information provided by parents, residents, care givers, or property owners.
1.92 “Premises” defined. Premises means a dwelling unit and the structure of which it is a part, facilities, furniture, utilities and appurtenances therein and grounds, areas and facilities held out for the use of tenants. (NRS 118A.140)
1.93 “Principal instructor” defined. The principal instructor is the individual who has the primary responsibility for organizing and teaching a particular course.
1.94 “Purchaser” defined. The purchaser is an entity that enters into an agreement to purchase an interest in target housing, including but not limited to individuals, partnerships, corporations, trusts, government agencies, housing agencies, and nonprofit organizations.
1.95 “Recognized laboratory” defined. A recognized laboratory is an environmental laboratory recognized by EPA pursuant to the National Lead Laboratory Accreditation Program (NLLAP) as being capable of performing an analysis for lead compounds in paint, soil, and dust. Information regarding NLLAP can be located at www.epa.gov/lead/pubs/nllap.htm
1.96 “Recognized test kit” defined. A recognized test kit is a test kit capable of allowing a user to determine the presence of lead at levels equal to or in excess of 1.0 milligrams per square centimeter, or more than 0.5 percent lead by weight, in a paint chip, paint powder, or painted surface.
1.97 “Reduction” defined. Reduction means measures designed to reduce or eliminate human exposure to lead-based paint hazards through methods including interim controls and abatement.
1.98 “Renovation” defined. Renovation is the modification of any existing structure, or portion thereof, that results in the disturbance of painted surfaces, unless that activity is performed as part of an abatement as defined by this Section. 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 activity (such as sanding, scraping, or other such activities that 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, planing thresholds to install weather-stripping), and interim controls that disturb painted surfaces. A renovation performed for the purpose of converting a building, or part of a building, into target housing or a child-occupied facility is a renovation under this SECTION. The term renovation does not include minor repair and maintenance activities.
1.99 “Renovator” defined. A renovator is an individual who either performs or directs workers who perform renovations. A certified renovator is a renovator who has successfully completed a renovator course accredited by EPA or an EPA-authorized state program.
1.100 “Residential building” defined. A residential building is a building containing one or more residential dwellings.
1.101 “Residential dwelling” defined. A residential dwelling is a single-family dwelling, including attached structures such as porches and stoops; or 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 residence of one or more persons.
1.102 “Residential lead hazard (RLH)” defined. A residential lead hazard is any paint hazard as specified in Section 22.214.171.124, any dust lead hazard as specified in Section 126.96.36.199 or any soil-lead hazard as specified in Section 188.8.131.52.
1.103 “Responsible person” defined. The responsible person is the individual designated by the operator as being responsible for compliance with these Regulations.
1.104 “Risk assessment” defined. A risk assessment is an on-site investigation to determine and report the existence, nature, severity, and location of lead-based paint hazards in residential dwellings, including: Information gathering regarding the age and history of the housing and occupancy by children under age 6; Visual inspection; Limited wipe sampling or other environmental sampling techniques; Other activity as may be appropriate; and Provision of a report explaining the results of the investigation.
1.105 “Room” defined. A room is a separate part of the inside of a building, such as a bedroom, living room, dining room, kitchen, bathroom, laundry room, or utility room. To be considered a separate room, the room must be separated from adjoining rooms by built-in walls or archways that extend at least 6 inches from an intersecting wall. Half walls or bookcases count as room separators if built-in. Movable or collapsible partitions or partitions consisting solely of shelves or cabinets are not considered built-in walls. A screened in porch that is used as a living area is a room.
1.106 “Safety” defined. Safety is the condition of being reasonably free from danger and hazards that may cause accidents or disease.
1.107 “School” defined. A school is a licensed public, charter, or private primary or secondary educational institution providing educational services to students from Kindergarten through the twelfth grade. The term does not include a home in which instruction is provided to a child who is excused from compulsory attendance pursuant to subsection 1 of NRS 392.070.
1.108 “Seller” defined. The seller is any entity that transfers legal title to target housing, in whole or in part, in return for consideration, including but not limited to individuals, partnerships, corporations, trusts, government agencies, housing agencies, and nonprofit organizations. The term seller also includes:
An entity that transfers shares in a cooperatively owned project, in return for consideration; and
An entity that transfers its interest in a leasehold, in jurisdictions or circumstances where it is legally permissible to separate the fee title from the title to the improvement, in return for consideration.
1.109 “Soil sample” defined. A soil sample is a sample collected in a representative location using ASTM E1727, “Standard Practice for Field Collection of Soil Samples for Lead Determination by Atomic Spectrometry Techniques,” or equivalent method.
1.110 “Sound condition” defined. Sound condition means any structure, building, or component that is in a condition to withstand designed or anticipated loads. This would include maintenance for weather protection, free of deterioration and damage.
1.111 “Start date” defined. The start date is the first day of any lead-based paint activities training course or lead-based paint abatement activity.
1.112 “Start date provided to EPA” defined. The start date provided to EPA is the start date included in the original notification or the most recent start date provided to EPA in an updated notification.
1.113 “State” defined. A state is any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Canal Zone, American Samoa, the Northern Mariana Islands, or any other territory or possession of the United States.
1.114 “Structure” defined. A structure means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
1.115 “Supplied” defined. Supplied means paid for, furnished by, provided by, or under the control of the owner, operator, or responsible person.
1.116 “Target housing” defined. Target housing is any housing constructed prior to 1978, except housing for the elderly or persons with disabilities (unless any child who is less than 6 years of age resides or is expected to reside in such housing) or any zero (Ø)-bedroom dwelling.
1.117 “Toxic substance” defined. A toxic substance is any chemical product applied on the surface of or incorporated into any structural or decorative material, or any other chemical, biological, or physical agent in the home environment or its immediate surroundings, which constitutes a potential hazard to human health at acute or chronic exposure levels.
1.118 “Visual inspection for clearance testing” defined. A visual inspection for clearance testing is the visual examination of a residential dwelling or a child-occupied facility following an abatement project to determine whether or not the abatement has been successfully completed.
1.119 “Visual inspection for risk assessment” defined. A visual inspection for risk assessment is the visual examination of a residential dwelling or a child-occupied facility to determine the existence of deteriorated lead-based paint or other potential sources of lead-based paint hazards.
1.120 “Weighted arithmetic mean” defined. The weighted arithmetic mean is the arithmetic mean of sample results weighted by the number of subsamples in each sample. Its purpose is to give influence to a sample relative to the surface area it represents. A single surface sample is comprised of a single subsample. A composite sample may contain from two to four subsamples of the same area as each other and of each single surface sample in the composite. The weighted arithmetic mean is obtained by summing, for all samples, the product of the sample’s result multiplied by the number of subsamples in the sample, and dividing the sum by the total number of subsamples contained in all samples. For example, the weighted arithmetic mean of a single surface sample containing 60 µg/ft2, a composite sample (three subsamples) containing 100 µg/ft2, and a composite sample (4 subsamples) containing 110 µg/ft2 is 100 µg/ft2. This result is based on the equation [60+(3*100)+(4*110)]/(1+3+4).
1.121 “Wet disposable cleaning cloth” defined. A wet disposable cleaning cloth is a commercially available, pre-moistened white disposable cloth designed to be used for cleaning hard surfaces such as uncarpeted floors or counter tops.
1.122 “Wet mopping system” defined. A wet mopping system is a device with the following characteristics: A long handle, a mop head designed to be used with disposable absorbent cleaning pads, a reservoir for cleaning solution, and a built-in mechanism for distributing or spraying the cleaning solution onto a floor, or a method of equivalent efficacy.
1.123 “Window trough” defined. The window trough is, for a typical double-hung window, the portion of the exterior window sill between the interior window sill (or stool) and the frame of the storm window. If there is no storm window, the window trough is the area that receives both the upper and lower window sashes when they are both lowered. The window trough is sometimes referred to as the window “well.”
1.124 “Wipe sample” defined. A wipe sample is a sample collected by wiping a representative surface of known area, as determined by ASTM E1728, “Standard Practice for Field Collection of Settled Dust Samples Using Wipe Sampling Methods for Lead Determination by Atomic Spectrometry Techniques, or equivalent method, with an acceptable wipe material as defined in ASTM E 1792, “Standard Specification for Wipe Sampling Materials for Lead in Surface Dust.”
1.125 “Work area” defined. The work area is the area that the certified renovator establishes to contain the dust and debris generated by a renovation.
1.126 “Zero (Ø)-bedroom dwelling” defined. Zero (Ø)-bedroom dwelling is any residential dwelling in which the living area is not separated from the sleeping area. The term includes efficiencies, studio apartments, dormitory housing, military barracks, and rentals of individual rooms in residential dwellings.
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Updated on: October 11, 2018