10a ncac 41c .0801      GENERAL

(a)  In addition to the definitions found in 40 CFR Part 745 Subpart D and Subpart L, the following definitions shall apply throughout this Section:

(1)           "Accredited training course" means a lead training course accredited by the Program.

(2)           "Accredited training provider" means a training provider who is accredited by the Program, and who provides accredited training courses.

(3)           "Design" means a written or graphic plan prepared by a certified project designer specifying how an abatement project will be performed, and includes, but is not limited to, scope of work and technical specifications. The certified project designer's signature and certification number shall be on all such abatement designs.

(4)           "Emergency Lead-Based Paint Abatement" means abatement conducted to remediate a lead-based paint hazard which has been determined by a certified risk assessor and the Program to be an imminent lead-based paint hazard to building occupants in a child occupied facility.

(5)           "Immediate family" means an individual's family members limited to spouse, parents, siblings, grandparents, children, and grandchildren.

(6)           "Occupant Protection Plan" means a written plan which describes the measures and management procedures that will be taken during abatement to protect building occupants from exposure to lead-based paint hazards. The plan shall be unique to each residential dwelling or child-occupied facility. For projects less than five units, the plan shall be prepared by a certified supervisor or project designer. For projects with five or more units, the plan shall be prepared by a certified project designer. The plan shall include the preparer's signature and certification number.

(7)           "Program" means the Lead-Based Paint Hazard Management Program within the Division of Public Health.

(8)           "Start date" means the date on which activities begin on a permitted lead abatement project requiring the use of certified individuals, including the abatement area isolation and preparation or any other activity which may disturb lead-based paint.

(9)           "Working day" means Monday through Friday. Holidays falling on any of these days are working days.

(10)         "Certified Industrial Hygienist" means a person who has met the education, experience, and examination requirements established by the American Board of Industrial Hygiene for certified industrial hygienists and whose certification has not been revoked by that organization.

(b)  Lead-Based Paint Activities, 40 CFR Part 745 Subpart D and Subpart L, is hereby incorporated by reference, including any subsequent amendments and editions. This document is available for inspection at the Division of Public Health, 1915 Mail Service Center, Raleigh, North Carolina 27699-1915. A copy of this document may be obtained in writing from the US Government Bookstore, 999 Peachtree Street, Suite 120, Atlanta, GA, at a cost of fifty five dollars ($55.00).


History Note:        Authority G.S. 130A-453.01; 130A-453.11; 150B-21.1(a)(3);

Temporary Adoption Eff. July 7, 1997;

Eff. July 1 1998;

Temporary Amendment Eff. May 17, 2002;

Amended Eff. April 1, 2003;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 16, 2019.