State Codes and Statutes

Statutes > North-carolina > Chapter_130A > GS_130A-453_22

Article 19B.

Certification andAccreditation of Lead‑Based Paint Renovation Activities.

§ 130A‑453.22. Definitions.

(a)        Except as providedin subsection (b) of this section and in any rules adopted under this Article,the definitions set out in 40 C.F.R. §§ 745.83 and 745.223, as amended, applythroughout this Article.

(b)        Unless otherwiserequired by the context, the following definitions apply throughout thisArticle:

(1)        Certified dustsampling technician. – An individual who (i) is employed by a certifiedrenovation firm, (ii) has successfully completed a dust sampling techniciantraining course accredited by the Department, and (iii) is certified by theDepartment to perform dust clearance sampling after the completion ofrenovation activities, if the person contracting for the renovation activityrequests dust clearance sampling.

(2)        Certified renovationfirm. – A company, partnership, corporation, sole proprietorship, association,or other business entity or individual doing business in the State, or afederal, State, tribal, or local government agency, or a nonprofit organizationthat has been certified by the Department to perform renovation activitiescovered by this Article.

(3)        Certified renovator.– An individual who (i) is employed by a certified renovation firm, (ii) eitherperforms or directs trained workers who perform renovation activities, (iii)has successfully completed a renovation training course accredited by theDepartment or the United States Environmental Protection Agency, and (iv) iscertified with the Department to perform renovation activities.

(4)        Child‑occupiedfacility. – 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 twodifferent days within any week (Sunday through Saturday period), provided thateach day's visit lasts at least three hours and the combined weekly visits lastat least six hours, and the combined annual visits last at least 60 hours.Child‑occupied facilities may include, but are not limited to, day carecenters, preschools, and kindergarten classrooms. Child‑occupiedfacilities may be located in target housing or in public or commercialbuildings. With respect to common areas in public or commercial buildings, thechild‑occupied facility encompasses those common areas, both interior andexterior, routinely used by children under age 6.

(5)        Renovationactivities. – The activities relative to lead‑based paint renovationsincluding the use of recognized lead test kits, information distribution, workpractices such as cleaning verification and dust clearance sampling, as well asthe activities performed by a certified firm, certified renovator, or certifieddust sampling technician. Renovation activities include all activities includedin the definition of the term "renovation" in 40 C.F.R. § 745.83.

(6)        Target housing – Anyhousing constructed prior to 1978, except housing for the elderly or personswith disabilities, unless one or more children age 6 years or under resides oris expected to reside in such housing for the elderly or persons withdisabilities, or any zero‑bedroom dwelling. For purposes of this Article,a zero‑bedroom dwelling is any residential dwelling in which the livingareas are not separated from the sleeping area. The term includes efficiencies,studio apartments, dormitory housing, military barracks, and rentals ofindividual rooms in residential dwellings.

(7)        Trained renovationworker. – An individual who (i) receives on‑the‑job training anddirection pertaining to the individual's assigned tasks in renovation work intarget housing or child‑occupied facilities from a certified renovatorand (ii) is employed by a certified renovation firm.  (2009‑488, s. 1.)

State Codes and Statutes

Statutes > North-carolina > Chapter_130A > GS_130A-453_22

Article 19B.

Certification andAccreditation of Lead‑Based Paint Renovation Activities.

§ 130A‑453.22. Definitions.

(a)        Except as providedin subsection (b) of this section and in any rules adopted under this Article,the definitions set out in 40 C.F.R. §§ 745.83 and 745.223, as amended, applythroughout this Article.

(b)        Unless otherwiserequired by the context, the following definitions apply throughout thisArticle:

(1)        Certified dustsampling technician. – An individual who (i) is employed by a certifiedrenovation firm, (ii) has successfully completed a dust sampling techniciantraining course accredited by the Department, and (iii) is certified by theDepartment to perform dust clearance sampling after the completion ofrenovation activities, if the person contracting for the renovation activityrequests dust clearance sampling.

(2)        Certified renovationfirm. – A company, partnership, corporation, sole proprietorship, association,or other business entity or individual doing business in the State, or afederal, State, tribal, or local government agency, or a nonprofit organizationthat has been certified by the Department to perform renovation activitiescovered by this Article.

(3)        Certified renovator.– An individual who (i) is employed by a certified renovation firm, (ii) eitherperforms or directs trained workers who perform renovation activities, (iii)has successfully completed a renovation training course accredited by theDepartment or the United States Environmental Protection Agency, and (iv) iscertified with the Department to perform renovation activities.

(4)        Child‑occupiedfacility. – 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 twodifferent days within any week (Sunday through Saturday period), provided thateach day's visit lasts at least three hours and the combined weekly visits lastat least six hours, and the combined annual visits last at least 60 hours.Child‑occupied facilities may include, but are not limited to, day carecenters, preschools, and kindergarten classrooms. Child‑occupiedfacilities may be located in target housing or in public or commercialbuildings. With respect to common areas in public or commercial buildings, thechild‑occupied facility encompasses those common areas, both interior andexterior, routinely used by children under age 6.

(5)        Renovationactivities. – The activities relative to lead‑based paint renovationsincluding the use of recognized lead test kits, information distribution, workpractices such as cleaning verification and dust clearance sampling, as well asthe activities performed by a certified firm, certified renovator, or certifieddust sampling technician. Renovation activities include all activities includedin the definition of the term "renovation" in 40 C.F.R. § 745.83.

(6)        Target housing – Anyhousing constructed prior to 1978, except housing for the elderly or personswith disabilities, unless one or more children age 6 years or under resides oris expected to reside in such housing for the elderly or persons withdisabilities, or any zero‑bedroom dwelling. For purposes of this Article,a zero‑bedroom dwelling is any residential dwelling in which the livingareas are not separated from the sleeping area. The term includes efficiencies,studio apartments, dormitory housing, military barracks, and rentals ofindividual rooms in residential dwellings.

(7)        Trained renovationworker. – An individual who (i) receives on‑the‑job training anddirection pertaining to the individual's assigned tasks in renovation work intarget housing or child‑occupied facilities from a certified renovatorand (ii) is employed by a certified renovation firm.  (2009‑488, s. 1.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_130A > GS_130A-453_22

Article 19B.

Certification andAccreditation of Lead‑Based Paint Renovation Activities.

§ 130A‑453.22. Definitions.

(a)        Except as providedin subsection (b) of this section and in any rules adopted under this Article,the definitions set out in 40 C.F.R. §§ 745.83 and 745.223, as amended, applythroughout this Article.

(b)        Unless otherwiserequired by the context, the following definitions apply throughout thisArticle:

(1)        Certified dustsampling technician. – An individual who (i) is employed by a certifiedrenovation firm, (ii) has successfully completed a dust sampling techniciantraining course accredited by the Department, and (iii) is certified by theDepartment to perform dust clearance sampling after the completion ofrenovation activities, if the person contracting for the renovation activityrequests dust clearance sampling.

(2)        Certified renovationfirm. – A company, partnership, corporation, sole proprietorship, association,or other business entity or individual doing business in the State, or afederal, State, tribal, or local government agency, or a nonprofit organizationthat has been certified by the Department to perform renovation activitiescovered by this Article.

(3)        Certified renovator.– An individual who (i) is employed by a certified renovation firm, (ii) eitherperforms or directs trained workers who perform renovation activities, (iii)has successfully completed a renovation training course accredited by theDepartment or the United States Environmental Protection Agency, and (iv) iscertified with the Department to perform renovation activities.

(4)        Child‑occupiedfacility. – 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 twodifferent days within any week (Sunday through Saturday period), provided thateach day's visit lasts at least three hours and the combined weekly visits lastat least six hours, and the combined annual visits last at least 60 hours.Child‑occupied facilities may include, but are not limited to, day carecenters, preschools, and kindergarten classrooms. Child‑occupiedfacilities may be located in target housing or in public or commercialbuildings. With respect to common areas in public or commercial buildings, thechild‑occupied facility encompasses those common areas, both interior andexterior, routinely used by children under age 6.

(5)        Renovationactivities. – The activities relative to lead‑based paint renovationsincluding the use of recognized lead test kits, information distribution, workpractices such as cleaning verification and dust clearance sampling, as well asthe activities performed by a certified firm, certified renovator, or certifieddust sampling technician. Renovation activities include all activities includedin the definition of the term "renovation" in 40 C.F.R. § 745.83.

(6)        Target housing – Anyhousing constructed prior to 1978, except housing for the elderly or personswith disabilities, unless one or more children age 6 years or under resides oris expected to reside in such housing for the elderly or persons withdisabilities, or any zero‑bedroom dwelling. For purposes of this Article,a zero‑bedroom dwelling is any residential dwelling in which the livingareas are not separated from the sleeping area. The term includes efficiencies,studio apartments, dormitory housing, military barracks, and rentals ofindividual rooms in residential dwellings.

(7)        Trained renovationworker. – An individual who (i) receives on‑the‑job training anddirection pertaining to the individual's assigned tasks in renovation work intarget housing or child‑occupied facilities from a certified renovatorand (ii) is employed by a certified renovation firm.  (2009‑488, s. 1.)