2000 Minnesota Statutes

     144.9501 Definitions. 

    Subdivision 1.    Citation.  Sections 144.9501 to 
 144.9509 may be cited as the "Lead Poisoning Prevention Act." 

    Subd. 2.    Applicability.  The definitions in this 
 section apply to sections 144.9501 to 144.9509.  

    Subd. 3.    Abatement.  (a) "Abatement" means any set of 
 measures designed to permanently eliminate lead-based paint 
 hazards, defined in United States Code, title 42, section 4851, 
 of the federal Housing and Community Development Act of 1992, 
 and that exceed the standards adopted under section 144.9508.  
 Abatement includes:  

    (1) the removal of lead-based paint and lead-contaminated 
 dust, the permanent containment 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 postabatement 
 clearance testing activities associated with these measures.  

    (b) Abatement does not include:  

    (1) activities such as remodeling, renovation, 
 installation, rehabilitation, or landscaping activities whose 
 primary intent is to remodel, repair, or restore a given 
 structure or dwelling, rather than to permanently eliminate 
 lead-based paint hazards, even though these activities may 
 incidentally result in a reduction in lead-based paint hazards; 
 and 

    (2) interim controls for the temporary reduction of 
 exposure to lead hazards such as lead-specific cleaning, 
 repairs, maintenance, painting, and temporary containment.  

    Subd. 4.    Areas at high risk for toxic lead exposure.  
 "Areas at high risk for toxic lead exposure" means a census 
 tract which meets one or more of the following criteria:  

    (1) elevated blood lead levels have been diagnosed in a 
 population of children or pregnant females; 

    (2) many residential structures that are known to have or 
 suspected of having deteriorated lead-based paint; or 

    (3) median soil lead concentrations are greater than 100 
 parts per million for samples collected according to rules 
 adopted under section 144.9508.  

    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 square inches.  

    Subd. 6.    Board of health.  "Board of health" means an 
 administrative authority established under section 145A.03. 

    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 144.9508 
 are not exceeded. 

    Subd. 7.    Commissioner.  "Commissioner" means the 
 commissioner of the Minnesota department of health.  

    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 144.9508 with a liquid or solid material, approved 
 by the commissioner, that adheres to the surface, rather than 
 mechanically attaches to it; or covering bare soil that exceeds 
 the standards under section 144.9508 with a permeable material 
 such as vegetation, mulch, or soil that meets the standards 
 under section 144.9508.  

    Subd. 11.    Enclosure.  "Enclosure" means covering a 
 surface coated with paint that exceeds the standards under 
 section 144.9508 by mechanically fastening to the surface a 
 durable, solid material approved by the commissioner; or 
 covering bare soil that exceeds the standards under section 
 144.9508 with an 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. 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 under section 144.9508.  

    Subd. 16. Repealed, 1998 c 407 art 2 s 109 

    Subd. 17.    Lead hazard reduction.  "Lead hazard 
 reduction" means action undertaken to make a residence, child 
 care facility, school, or playground lead-safe by complying with 
 the lead standards and methods adopted under section 144.9508, 
 by: 

    (1) a property owner or persons hired by the property owner 
 to comply with a lead order issued under section 144.9504; 

    (2) a swab team service provided in response to a lead 
 order issued under section 144.9504; or 

    (3) a renter residing at a rental property or one or more 
 volunteers to comply with a lead order issued under section 
 144.9504.  

    Subd. 17a.    Lead hazard screen.  "Lead hazard screen" 
 means visual identification of the existence and location of any 
 deteriorated paint, collection and analysis of dust samples, and 
 visual identification of the existence and location of bare soil.

    Subd. 18.    Lead inspection.  "Lead inspection" means a 
 quantitative measurement of the 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 144.9506.  

    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 lead abatement or lead hazard 
 reduction and who has been licensed by the commissioner under 
 section 144.9505. 

    Subd. 20b.    Lead risk assessment.  "Lead risk 
 assessment" means a quantitative measurement of the lead content 
 of paint, interior dust, and bare soil to determine compliance 
 with the standards established under section 144.9508. 

    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 
 section 144.9506. 

    Subd. 21.    Lead-safe.  "Lead-safe" means a condition 
 in which 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 144.9508, or, if the lead 
 concentrations in the paint or soil do exceed the standards, the 
 paint is intact and the soil is not bare.  

    Subd. 22.    Lead-safe directives.  "Lead-safe 
 directives" means methods for construction, renovation, 
 remodeling, or maintenance activities that are not regulated as 
 abatement or lead hazard reduction and that are performed so 
 that they do not: 

    (1) violate the standards under section 144.9508; 

    (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 
 lead abatement or lead hazard reduction and who has been 
 licensed by the commissioner under section 144.9505. 

    Subd. 23.    Lead worker.  "Lead worker" means an 
 individual who performs lead abatement or lead hazard reduction 
 and who has been licensed by the commissioner under section 
 144.9505.  

    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. 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, or a work practice or method that reduces the 
 likelihood of lead exposure. 

    Subd. 29.    Swab team services.  "Swab team services" 
 means activities that provide protection from lead hazards 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 paint; 

    (3) covering or replacing bare soil that has a lead 
 concentration of 100 parts per million or more; 

    (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 the relocation.  

    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 
 144.9505.  

    Subd. 31.    Venous blood sample.  "Venous blood sample" 
 means a quantity of blood drawn from a vein.  

    Subd. 32.    Voluntary lead hazard reduction.  
 "Voluntary lead hazard reduction" means lead hazard reduction 
 activities defined in subdivision 17, but not undertaken in 
 response to the issuance of a lead order.  

    HIST: 1995 c 213 art 1 s 3; 1997 c 205 s 24,25; 1998 c 407 art 
 2 s 34-49