§ 2681. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2681]
TITLE 15--COMMERCE AND TRADE
CHAPTER 53--TOXIC SUBSTANCES CONTROL
SUBCHAPTER IV--LEAD EXPOSURE REDUCTION
Sec. 2681. Definitions
For the purposes of this subchapter:
(1) Abatement
The term ``abatement'' means any set of measures designed to
permanently eliminate lead-based paint hazards in accordance with
standards established by the Administrator under this subchapter.
Such term includes--
(A) 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
(B) all preparation, cleanup, disposal, and postabatement
clearance testing activities associated with such measures.
(2) Accessible surface
The term ``accessible surface'' means an interior or exterior
surface painted with lead-based paint that is accessible for a young
child to mouth or chew.
(3) Deteriorated paint
The term ``deteriorated paint'' means any interior or exterior
paint that is peeling, chipping, chalking or cracking or any paint
located on an interior or exterior surface or fixture that is
damaged or deteriorated.
(4) Evaluation
The term ``evaluation'' means risk assessment, inspection, or
risk assessment and inspection.
(5) Friction surface
The term ``friction surface'' means an interior or exterior
surface that is subject to abrasion or friction, including certain
window, floor, and stair surfaces.
(6) Impact surface
The term ``impact surface'' means an interior or exterior
surface that is subject to damage by repeated impacts, for example,
certain parts of door frames.
(7) Inspection
The term ``inspection'' means (A) a surface-by-surface
investigation to determine the presence of lead-based paint, as
provided in section 4822(c) of title 42, and (B) the provision of a
report explaining the results of the investigation.
(8) Interim controls
The term ``interim controls'' means a set of measures designed
to reduce temporarily human exposure or likely exposure to lead-
based paint hazards, including specialized cleaning, repairs,
maintenance, painting, temporary containment, ongoing monitoring of
lead-based paint hazards or potential hazards, and the establishment
and operation of management and resident education programs.
(9) Lead-based paint
The term ``lead-based paint'' means paint or other surface
coatings that contain lead in excess of 1.0 milligrams per
centimeter squared or 0.5 percent by weight or (A) in the case of
paint or other surface coatings on target housing, such lower level
as may be established by the Secretary of Housing and Urban
Development, as defined in section 4822(c) of title 42, or (B) in
the case of any other paint or surface coatings, such other level as
may be established by the Administrator.
(10) Lead-based paint hazard
The term ``lead-based paint hazard'' means any condition that
causes exposure to lead from lead-contaminated dust, lead-
contaminated soil, lead-contaminated paint that is deteriorated or
present in accessible surfaces, friction surfaces, or impact
surfaces that would result in adverse human health effects as
established by the Administrator under this subchapter.
(11) Lead-contaminated dust
The term ``lead-contaminated dust'' means surface dust in
residential dwellings that contains an area or mass concentration of
lead in excess of levels determined by the Administrator under this
subchapter to pose a threat of adverse health effects in pregnant
women or young children.
(12) Lead-contaminated soil
The term ``lead-contaminated soil'' means bare soil on
residential real property that contains lead at or in excess of the
levels determined to be hazardous to human health by the
Administrator under this subchapter.
(13) Reduction
The term ``reduction'' means measures designed to reduce or
eliminate human exposure to lead-based paint hazards through methods
including interim controls and abatement.
(14) Residential dwelling
The term ``residential dwelling'' means--
(A) a single-family dwelling, including attached structures
such as porches and stoops; or
(B) a single-family dwelling unit in a structure that
contains more than 1 separate residential dwelling unit, and in
which each such unit is used or occupied, or intended to be used
or occupied, in whole or in part, as the home or residence of 1
or more persons.
(15) Residential real property
The term ``residential real property'' means real property on
which there is situated 1 or more residential dwellings used or
occupied, or intended to be used or occupied, in whole or in part,
as the home or residence of 1 or more persons.
(16) Risk assessment
The term ``risk assessment'' means an on-site investigation to
determine and report the existence, nature, severity and location of
lead-based paint hazards in residential dwellings, including--
(A) information gathering regarding the age and history of
the housing and occupancy by children under age 6;
(B) visual inspection;
(C) limited wipe sampling or other environmental sampling
techniques;
(D) other activity as may be appropriate; and
(E) provision of a report explaining the results of the
investigation.
(17) Target housing
The term ``target housing'' means any housing constructed prior
to 1978, except housing for the elderly or persons with disabilities
(unless any child who is less than 6 years of age resides or is
expected to reside in such housing for the elderly or persons with
disabilities) or any 0-bedroom dwelling. In the case of
jurisdictions which banned the sale or use of lead-based paint prior
to 1978, the Secretary of Housing and Urban Development, at the
Secretary's discretion, may designate an earlier date.
(Pub. L. 94-469, title IV, Sec. 401, as added Pub. L. 102-550, title X,
Sec. 1021(a), Oct. 28, 1992, 106 Stat. 3912.)
