Subdivision 1. Citation.
may be cited as the "Lead Poisoning
Subd. 2. Applicability.
The definitions in this section apply to sections
Subd. 3. Abatement.
"Abatement" means any set of measures intended to eliminate known
or presumed lead hazards. Abatement includes:
(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 enclosure of lead-contaminated soil; and
(2) all preparation, cleanup, disposal, and postabatement clearance testing activities
associated with these measures.
Subd. 4. Areas at high risk for toxic lead exposure.
"Areas at high risk for toxic lead
exposure" means a census tract in a city of the first class or a county or area within a county
outside a city of the first class that has been determined to be at high risk for toxic lead exposure
Subd. 4a. Assessing agency.
"Assessing agency" means the commissioner or a board of
health with authority and responsibility to conduct lead risk assessments in response to reports of
children or pregnant women with elevated blood lead levels.
Subd. 5. Bare soil.
"Bare soil" means any visible soil that is at least an area of 36 contiguous
Subd. 6. Board of health.
"Board of health" means an administrative authority established
Subd. 6a. Child.
"Child" means an individual up to 72 months of age.
Subd. 6b. Clearance inspection.
"Clearance inspection" means a visual identification of
deteriorated paint and bare soil and a resampling and analysis of interior dust lead concentrations
in a residence to ensure that the lead standards established in rules adopted under section
are not exceeded.
Subd. 6c. Capillary blood sample.
"Capillary blood sample" means a quantity of blood
drawn from a capillary. The sample generally is collected by fingerstick.
Subd. 6d. Certified lead firm.
"Certified lead firm" means a person that employs individuals
to perform regulated lead work and that is certified by the commissioner under section
Subd. 7. Commissioner.
"Commissioner" means the commissioner of the Minnesota
Department of Health.
Subd. 7a. Contracting entity.
"Contracting entity" means a public or private body, board,
individual, corporation, partnership, proprietorship, joint venture, fund, authority, or similar entity
that contracts with a person to do regulated lead work.
Subd. 8. Deteriorated paint.
"Deteriorated paint" means paint that is chipped, peeled, or
otherwise separated from its substrate or that is attached to damaged substrate.
Subd. 9. Elevated blood lead level.
"Elevated blood lead level" means a diagnostic blood
lead test with a result that is equal to or greater than ten micrograms of lead per deciliter of whole
blood in any person, unless the commissioner finds that a lower concentration is necessary to
protect public health.
Subd. 10. Encapsulation.
"Encapsulation" means covering a surface coated with paint that
exceeds the standards under section
with a liquid or solid material that adheres to the
surface, rather than mechanically attaches to it; or covering bare soil that exceeds the standards
with a permeable material such as vegetation, mulch, or soil that meets
the standards under section
Subd. 11. Enclosure.
"Enclosure" means covering a surface coated with paint that exceeds
the standards under section
by mechanically fastening to the surface a durable, solid
material; or covering bare soil that exceeds the standards under section
impermeable material, such as asphalt or concrete.
Subd. 12.[Repealed, 1998 c 407 art 2 s 109
Subd. 13. Intact paint.
"Intact paint" means paint that is not chipped, peeled, or otherwise
separated from its substrate or attached to damaged substrate. Painted surfaces which may
generate dust but are not chipped, peeled, or otherwise separated from their substrate or attached
to damaged substrate are considered to be intact paint.
Subd. 13a. Interim controls.
"Interim controls" means a set of measures intended to
temporarily reduce human exposure or likely exposure to known or presumed lead hazards,
including specialized cleaning, repairs, maintenance, painting, temporary encapsulation, or
Subd. 14.[Repealed, 1998 c 407 art 2 s 109
Subd. 15. Lead hazard.
"Lead hazard" means a condition that causes exposure to lead
from dust, bare soil, drinking water, or deteriorated paint that exceeds the standards adopted
Subd. 16.[Repealed, 1998 c 407 art 2 s 109
Subd. 17. Lead hazard reduction.
"Lead hazard reduction" means abatement or interim
controls undertaken to make a residence, child care facility, school, or playground lead-safe by
complying with the lead standards and methods adopted under section
Subd. 17a. Lead hazard screen.
"Lead hazard screen" means a limited risk assessment
activity that involves the visual identification of dust, paint, or bare soil and sampling and
analysis of dust.
Subd. 17b. Lead interim control worker.
"Lead interim control worker" means an
individual who is trained as specified by the commissioner to conduct interim control activities.
Subd. 18. Lead inspection.
"Lead inspection" means a surface by surface investigation to
determine the presence of lead content of paint and a visual identification of the existence and
location of bare soil.
Subd. 19. Lead inspector.
"Lead inspector" means a person who is licensed by the
commissioner to perform a lead inspection under section
Subd. 19a. Lead project design.
"Lead project design" means site-specific written project
specifications for a regulated lead work project. Lead project design includes written technical
project specifications incorporated into bidding documents.
Subd. 20. Lead order.
"Lead order" means a legal instrument to compel a property owner to
engage in lead hazard reduction according to the specifications given by the assessing agency.
Subd. 20a. Lead project designer.
"Lead project designer" means an individual who is
responsible for planning the site-specific performance of regulated lead work and who has been
licensed by the commissioner under section
Subd. 20b. Lead risk assessment.
"Lead risk assessment" means an investigation to
determine the existence, nature, severity, and location of lead hazards.
Subd. 20c. Lead risk assessor.
"Lead risk assessor" means an individual who performs lead
risk assessments or lead inspections and who has been licensed by the commissioner under
Subd. 21. Lead-safe.
"Lead-safe" means a condition in which:
(1) lead is not present;
(2) lead may be present at the residence, child care facility, school, or playground, if the lead
concentration in the dust, paint, soil, and water of a residence does not exceed the standards
adopted under section
(3) if the lead concentrations in the paint or soil do exceed the standards, the paint is intact
and the soil is not bare soil.
Subd. 22. Lead-safe practices.
"Lead-safe practices" means methods for construction,
renovation, remodeling, or maintenance activities that are not regulated lead work and that are
performed so that they do not:
(1) violate the standards under section
(2) create lead dust through the use of prohibited practices;
(3) leave debris or a lead residue that can form a dust;
(4) provide a readily accessible source of lead dust, lead paint, lead paint chips, or lead
contaminated soil, after the use of containment methods; and
(5) result in improper disposal of lead contaminated debris, dust, or soil.
Subd. 22a. Lead supervisor.
"Lead supervisor" means an individual who is responsible
for the on-site performance of abatement or interim controls and who has been licensed by the
commissioner under section
Subd. 22b. Lead sampling technician.
"Lead sampling technician" means an individual who
performs clearance inspections for nonabatement or nonorder lead hazard reduction sites, lead
dust sampling in other settings, or visual assessment for deteriorated paint, and who is registered
with the commissioner under section
Subd. 23. Lead worker.
"Lead worker" means an individual who performs abatement or
interim control work and who has been licensed by the commissioner under section
Subd. 24. Person.
"Person" has the meaning given in section
326.71, subdivision 8
Subd. 25. Persons at high risk for elevated blood lead level.
"Persons at high risk for
elevated blood lead level" means:
(1) a child between six and 72 months of age:
(a) who lives in or visits, at least weekly, a residence, child care facility, or school built before
1978 which has peeling or chipping paint, ongoing remodeling or renovation, or bare soil; or
(b) who has a sibling, housemate, or playmate who has been diagnosed with an elevated
blood lead level in the last 12 months; and
(2) a pregnant female or a child between six and 72 months of age:
(a) who lives in a census tract found to have a median foundation soil lead value exceeding
100 parts per million of lead;
(b) who lives near an industrial point source that emits lead;
(c) who lives near a road with an average daily traffic which exceeded 5,000 vehicles per
day in 1986 or earlier; or
(d) who lives with a person whose occupation or hobby involves exposure to lead.
Subd. 25a. Play area.
"Play area" means any established area where children play, or on
residential property, any established area where children play or bare soil is accessible to children.
Subd. 26. Primary prevention.
"Primary prevention" means preventing toxic lead exposure
before blood levels become elevated.
Subd. 26a. Regulated lead work.
(a) "Regulated lead work" means:
(2) interim controls;
(3) a clearance inspection;
(4) a lead hazard screen;
(5) a lead inspection;
(6) a lead risk assessment;
(7) lead project designer services;
(8) lead sampling technician services; or
(9) swab team services.
(b) Regulated lead work does not include:
(1) activities such as remodeling, renovation, installation, rehabilitation, or landscaping
activities, the primary intent of which is to remodel, repair, or restore a structure or dwelling,
rather than to permanently eliminate lead hazards, even though these activities may incidentally
result in a reduction in lead hazards; or
(2) interim control activities that are not performed as a result of a lead order and that do not
disturb painted surfaces that total more than:
(i) 20 square feet (two square meters) on exterior surfaces;
(ii) two square feet (0.2 square meters) in an interior room; or
(iii) ten percent of the total surface area on an interior or exterior type of component with
a small surface area.
Subd. 27. Safe housing.
"Safe housing" means a residence that is lead-safe.
Subd. 28. Secondary prevention.
"Secondary prevention" means intervention to mitigate
health effects on people with elevated blood lead levels.
Subd. 28a. Standard.
"Standard" means a quantitative assessment of lead in any
environmental media or consumer product.
Subd. 29. Swab team services.
"Swab team services" means activities that provide
protection from lead hazards primarily through the use of interim controls, such as:
(1) removing lead dust by washing, vacuuming with high efficiency particle accumulator
(HEPA) or wet vacuum cleaners, and cleaning the interior of residential property;
(2) removing loose paint and paint chips and repainting or installing guards to protect intact
(3) covering or replacing bare soil that has a lead concentration of 100 parts per million or
(4) health education;
(5) advice and assistance to help residents locate and move to a temporary residence while
lead hazard reduction is being completed; or
(6) any other assistance necessary to meet the resident's immediate needs as a result of
Subd. 30. Swab team worker.
"Swab team worker" means an individual who performs swab
team services and who has been licensed by the commissioner as a lead worker under section
Subd. 31. Venous blood sample.
"Venous blood sample" means a quantity of blood drawn
from a vein.
Subd. 32.[Repealed, 2001 c 205 art 1 s 43
History: 1995 c 213 art 1 s 3; 1997 c 205 s 24,25; 1998 c 407 art 2 s 34-49; 2001 c 205
art 1 s 1-25; 2007 c 147 art 16 s 20