Section 189A Definitions - Massachusetts Statutes

  Section 189A. For the purposes of this section and sections one hundred and ninety to one hundred and ninety-nine B, inclusive, the following words shall, unless the context clearly indicates otherwise, have the following meanings:--

  "Abatement'', the removal and replacement of paint, plaster or other accessible structural material containing dangerous levels of lead.

  "Advisory committee'', the committee established in section one hundred and ninety.

[ Definition of "Child-occupied facility'' inserted following definition of "Advisory committee'' by 2010, 112, Sec. 25 effective May 22, 2010.]

  "Child-occupied facility'', a building or portion thereof constructed before 1978 and visited regularly by the same child, under 6 years of age, on at least 2 different days within a week if each day's visit lasts at least 3 hours, the combined weekly visits last at least 6 hours and the combined annual visits last at least 60 hours, and shall include but not be limited to, day care centers, preschools and kindergarten classrooms; provided, however, that child-occupied facilities may be located in residential premises or in public or commercial buildings.

  "Commissioner'', the commissioner of public health.

  "Containment'', the encapsulation, covering or enclosing by means authorized by the director, of paint, plaster or other accessible structural material containing dangerous levels of lead.

  "Department'', the department of public health.

  "Director'', the lead poisoning control director provided for in section one hundred and ninety.

  "Owner'', any person who alone or jointly or severally with others (i) has legal title to any premises; (ii) has charge or control of any premises as an agent who has authority to expend money for compliance with the state sanitary code, executor, administrator, trustee or guardian of the estate or the holder of legal title; (iii) is an estate or trust of which such premises is a part, or the grantor or beneficiary of such an estate or trust; or (iv) is the association of unit owners of a condominium or cooperative, which shall be considered an owner solely with respect to common areas and exterior surfaces and fixtures of such condominium or cooperative; provided, however, that the term "owner'' shall not include a secured lender except to the extent provided in section one hundred and ninety-seven D.

  "Premises'', any residential premises, dwelling unit or residential property constructed prior to nineteen hundred and seventy-eight.