11 Miss. Code. R. § 2-9.2 Definitions

• Library: Mississippi Administrative Code
• Edition: 2023
• Currency: Current through January 9, 2024
• Citation: 11 Miss. Code. R. § 2-9.2
• Year: 2023

A. "Abatement" means any measure or set of measures designed to permanently eliminate lead-based paint hazards. Abatement includes, but is not limited to:

(1) The removal of lead-based paint and lead-contaminated dust, the permanent enclosure or encapsulation of lead-based paint, the replacement of lead-painted surfaces or fixtures, and the removal or covering of lead-contaminated soil and

(2) All preparation, cleanup disposal, and post-abatement clearance testing activities associated with such measures.

(3) Specifically abatement includes, but is not limited to:(a) Projects for which there is a written contract or other documentation, which provides that a person will be conducting activities in or to a residential dwelling or child-occupied facility that will result in the permanent elimination of lead-based paint hazards; or are designed to permanently eliminate lead-based paint hazards as defined in this rule. (b) Projects resulting in the permanent elimination of lead-based paint hazards, conducted by persons certified in accordance with Rule 9.4, unless such projects are covered by paragraph (3)(d) of this definition; (c) Projects resulting in the permanent elimination of lead-based paint hazards, conducted by persons 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 rule unless such projects are covered by paragraph (3)(d) of this definition; or (d) Projects resulting in the permanent elimination of lead-based paint hazards that are conducted in response to state or local abatement orders.

(4) Abatement does not include renovation, remodeling, painting or repainting, 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.

B. "Accredited training program" means a training program that has been accredited by either: the Commission, the United States Environmental Protection Agency (EPA), or an EPA-approved lead-based paint program in a state or tribe with reciprocity agreements with the Commission to provide training for individuals engaged in lead-based paint activities.

C. "Adequate quality control" means a plan or design to ensure 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.

D. "Administrator" means the Administrator of the Environmental Protection Agency.

E. "Certificate" means a document authorizing a person to perform lead-based paint activities as described in these regulations.

F. "Child-occupied facility", as the term applies to abatements, means a building or portion of a building constructed prior to 1978, visited regularly by the same child, 6 years of age or under, 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 visit lasts 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.

G. "Child-occupied facility", as the term applies to renovations, means 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.

H. "Clearance levels" are values that indicate the maximum amount of lead permitted in dust on a surface following completion of an abatement or renovation activity.

I. "Cleaning verification card" means 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.

J. "Commission" means the Mississippi Commission on Environmental Quality.

K. "Common area" means a portion of a building that is generally accessible to all occupants. Such an area may include, but is not limited to, hallways, stairways, laundry and recreational rooms, playgrounds, community centers, garages, and boundary fences.

L. "Component or building component" means specific design or structural elements or fixtures of a building, residential dwelling, or child-occupied facility that are distinguished from each other by form, function, and location. These include, but are not limited to, interior...