701.300. Definitions.

MISSOURI STATUTES AND CODES

Definitions.

701.300. As used in sections 701.300 to 701.338, the following termsmean:

(1) "Abatement",

(a) Any measure regulated solely by the Missouri department of healthand senior services designed to permanently eliminate lead hazards, whichshall include:

a. The removal of lead-bearing substances, the replacement oflead-painted surfaces or fixtures, or the permanent enclosure or encapsulationof lead-bearing substances; and

b. All preparation, cleanup, disposal, and postabatement clearancetesting activities associated with such measures;

(b) "Abatement" shall not include any measure involving a de minimissurface area or activity excluded from this definition by rule;

(2) "Child-occupied facility", a building or portion of a buildingconstructed prior to 1978 and visited regularly by the same child who is sixor fewer years of age including, but not limited to, day care centers,preschools and kindergarten classrooms. For the purposes of this subdivision,"visited regularly" means a minimum of two visits on different days within anyweek, provided that each visit lasts at least three hours and the combinedweekly visits last at least six hours and the combined annual visits last atleast sixty hours;

(3) "Deleading", the removal of lead-bearing substances;

(4) "Department", the department of health and senior services;

(5) "Deteriorated lead-bearing substance", any interior or exteriorlead-bearing surface coating material as defined by rule that is peeling,chipping, chalking, or cracking or any lead-bearing substance located on aninterior or exterior surface or fixture that is damaged , deteriorated orotherwise separating from the substrate or a structure component;

(6) "Director", the director of the department of health and seniorservices;

(7) "Dwelling", either:

(a) A single-family dwelling, including attached structures such asporches and stoops; or

(b) A single-family dwelling unit in a structure that contains more thanone separate residential dwelling unit and in which each such unit is used oroccupied or intended to be used or occupied, in whole or in part, as the homeor residence of one or more persons;

(8) "Encapsulant", a liquid coating or adhesively bonded substanceapplied to a surface to form a barrier between a lead-bearing substance andthe environment;

(9) "Encapsulation", the application of an encapsulant;

(10) "Enclosure", the use of rigid, durable construction materialsmechanically fastened to a substrate to act as a barrier between alead-bearing substance and the environment;

(11) "Health care professional", any physician, hospital, or otherperson which is licensed or otherwise authorized in this state to furnishhealth care services;

(12) "Interim control", any measure designed to temporarily reduce humanexposure or likely human exposure to lead hazards. Such measures may include,but are not limited to, specialized cleaning, repairs, maintenance, painting,temporary containment, ongoing monitoring of lead hazards or potentialhazards, or the establishment and operation of management and residenteducation programs;

(13) "Lead abatement contractor", a person or entity licensed by thedepartment to conduct lead-bearing substance activities at a location otherthan the contractor's own place of business;

(14) "Lead abatement project":

(a) The encapsulation, enclosure or removal of a lead-bearing substance;

(b) "Lead abatement project" shall not include any measure involving ade minimis surface area or activity excluded from this definition by rule;

(15) "Lead abatement supervisor", a person licensed by the department todirect, control or supervise personnel in a lead abatement project;

(16) "Lead abatement worker", a person licensed by the department towork on a lead abatement project;

(17) "Lead-bearing substance activity", any activity associated with alead abatement project including, but not limited to, project design, riskassessment, inspection, abatement or deleading under this chapter;

(18) "Lead-bearing substance",

(a) includes:

a. Any paint or other surface coating materials that contain lead equalto or in excess of one milligram per square centimeter or more thanfive-tenths percent by weight or such other standard for lead content in paintas may be established by federal law or regulation;

b. Surface dust that contains a concentration of lead specified by rulespromulgated by the department that shall be consistent with the purposes oflaws enacted by the United States Congress and regulations promulgated orguidance issued by any federal agency;

c. Bare soil that contains a concentration of lead specified by rulespromulgated by the department that shall be consistent with the purposes oflaws enacted by the United States Congress and regulations promulgated orguidance issued by any federal agency; or

d. Any lead-based paint, lead-based paint hazard or lead-based paintactivity consistent with the purposes of laws enacted by the United StatesCongress and regulations promulgated or guidance issued by any federal agency;and

(b) "Lead-bearing substance" as regulated by the Missouri department ofhealth and senior services does not include any substance generated throughthe mining, milling or smelting of lead ore or scrap, or generated throughlead product manufacturing or use provided that such substance has notmigrated off or been transported from the mining, smelting, or manufacturingsite and entered a residential area or any other public access environment;

(19) "Lead hazard", any condition that causes exposure to lead thatwould result in adverse human health effects from deteriorated lead-bearingsubstances or lead-bearing substances present in "accessible surfaces","friction surfaces", or "impact surfaces", as such terms are defined in 15U.S.C. 2681;

(20) "Lead inspection", a surface-by-surface investigation to determinethe presence of lead-bearing substances and a report or provision of a reportwhich explains the results of such an investigation;

(21) "Lead inspector", a person licensed by the department to conductlead inspections;

(22) "Lead poisoning", the laboratory determination of a human wholeblood lead level as established by the federal Centers for Disease Control;

(23) "Owner", any person, who alone, jointly or severally with others:

(a) Has legal title to any child-occupied facility, dwelling or dwellingunit, with or without accompanying actual possession thereof; or

(b) Has charge, care or control of any child-occupied facility, dwellingor dwelling unit as owner or agent of the owner, or as executor,administrator, trustee, or guardian of, the estate of the owner;

(24) "Project designer", a person licensed by the department to conductactivities including, but not limited to, the development and implementationof occupant protection plans, lead-bearing substance abatement and hazardreduction methods, interior dust abatement and cleanup methods, hazard controland reduction methods, clearance standards and testing protocols andintegration of lead-bearing substance abatement methods with modernization andrehabilitation projects for lead abatement projects;

(25) "Risk assessment", an on-site investigation to determine theexistence, nature, severity and location of lead hazards, and the provision ofa report by the person conducting the risk assessment explaining the resultsof the investigation and options for reducing lead hazards;

(26) "Risk assessor", a person licensed by the department to conductrisk assessments;

(27) "Work practice standards", requirements or standards that ensurethat lead-bearing substance abatement activities are conducted reliably,effectively and safely.