TITLE 31 HEALTH

Section 41. Lead Poisoning Prevention, 31-41-1 through 31-41-19.

ARTICLE 1 GENERAL PROVISIONS

31-41-3. Definitions.

As used in this chapter, the term:

1. "Abatement" means any set of measures designed to eliminate lead-based paint hazards, in accordance with standards developed by the board, including:
   1. 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 such measures.
2. "Accessible surface" means an interior or exterior surface painted with lead-based paint that is accessible for a young child to mouth or chew.

   (2.1) "Board" means the Board of Natural Resources of the State of Georgia.

   (2.2) "Child-occupied facility" means a building or portion of a building constructed prior to 1978, visited by the same child, six years of age or under, on at least two different days within the same week (Sunday through Saturday period), provided that each day's visit lasts at least three hours and the combined weekly visit lasts at least six hours. Child-occupied facilities include, but are not limited to, child care learning centers, preschools, and kindergarten facilities.

3. "Department" means the Department of Natural Resources.
4. "Friction surface" means an interior or exterior surface that is subject to abrasion or friction, including certain window, floor, and stair surfaces.
5. "Impact surface" means an interior or exterior surface or fixture that is subject to damage by repeated impacts, for example, certain parts of door frames.
6. "Inspection" means a surface by surface investigation to determine the presence of lead-based paint and the provision of a report explaining the results of the investigation.
7. "Interim controls" means a measure or set of measures as specified by the board taken by the owner of a structure that are designed to control temporarily human exposure or likely exposure to lead-based paint hazards.
8. "Lead-based paint" means paint or other surface coatings that contain lead in excess of limits established by board regulation.
9. "Lead-based paint activities" means the inspection and assessment of lead hazards and the planning, implementation, and inspection of interim controls, renovation, and abatement activities at target housing and child-occupied facilities.
10. "Lead-based paint hazard" means any condition that causes exposure to lead from lead contaminated dust, lead contaminated soil, or 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 pursuant to Section 403 of the Toxic Substances Control Act.
11. "Lead contaminated dust" means surface dust in residential dwellings or in other facilities occupied or regularly used by children that contains an area or mass concentration of lead in excess of levels determined pursuant to Section 403 of the Toxic Substances Control Act.
12. "Lead contaminated soil" means bare soil on residential real property or on other sites frequented by children that contains lead at or in excess of levels determined to be hazardous to human health pursuant to Section 403 of the Toxic Substances Control Act.
13. "Lead contaminated waste" means any discarded material resulting from an abatement activity that fails the toxicity characteristics determined by the department.

    (13.1) "Lead dust sampling technician" means an individual employed to perform lead dust clearance sampling for renovation as determined by the department.

14. "Lead firm" means a company, partnership, corporation, sole proprietorship, association, or other business entity that employs or contracts with persons to perform lead-based paint activities.
15. "Lead inspector" means a person who conducts inspections to determine the presence of lead-based paint or lead-based paint hazards.
16. "Lead project designer" means a person who plans or designs abatement activities and interim controls.
17. "Lead risk assessor" means a person who conducts on-site risk assessments of lead hazards.
18. "Lead supervisor" means a person who supervises and conducts abatement of lead-based paint hazards.
19. "Lead worker" means any person performing lead hazard reduction activities.

    (19.1) "Minor repair and maintenance activities" means activities that disrupt six square feet or less of painted surface per room for interior activities or 20 square feet or less of painted surface for exterior activities where none of the work practices prohibited or restricted as determined by the department are used or where the work does not involve window replacement or demolition of painted surface areas. Jobs performed in the same room within 30 days are considered the same job for purposes of this definition.

    (19.2) "Renovation" means the modification of any target housing or child-occupied facility structure or portion thereof, that results in the disturbance of painted surfaces unless that activity is performed as part of an abatement activity. Renovation includes but is not limited to the removal, modification, re-coating, or repair of painted surfaces or painted components; the removal of building components; weatherization projects; and interim controls that disturb painted surfaces. A renovation performed for the purpose of converting a building, or part of a building into target housing or a child-occupied facility is a renovation. Such term shall not include minor repair and maintenance activities.

    (19.3) "Renovation firm" means a company, partnership, corporation, sole proprietorship or individual doing business, association, or other business entity that employs or contracts with persons to perform lead-based paint renovations as determined by the department.

    (19.4) "Renovator" means an individual who either performs or directs workers who perform renovations.

20. "Risk assessment" means an on-site investigation to determine and report the existence, nature, severity, and location of lead-based paint hazards in or on any structure or site, including:
    1. Information gathering regarding the age and history of the structure and the occupancy or other use by young children;
    2. Visual inspection;
    3. Limited wipe sampling or other environmental sampling techniques;
    4. Other activity as may be appropriate; and
    5. Provision of a report explaining the results of the investigation.
21. "Target housing" means any housing constructed prior to 1978, except housing for the elderly or persons with disabilities (unless any child or children age six years or under resides or is expected to reside in such housing for the elderly or persons with disabilities) or any zero-bedroom dwelling.

(Code 1981, §31-41-3, enacted by Ga. L. 1994, p. 1617, § 1; Ga. L. 1998, p. 248, § 1; Ga. L. 2010, p. 531, § 6/SB 78; Ga. L. 2013, p. 135, § 12/HB 354.)

The 2010 amendment, effective May 27, 2010, added paragraph (2.2); in paragraph (9), inserted ", renovation," in the middle and substituted "at target housing and child-occupied facilities" for "as determined by the department" at the end; and added paragraphs (13.1), (19.1) through (19.4), and (21).

The 2013 amendment, effective July 1, 2013, substituted "child care learning centers" for "day-care centers" in the second sentence of paragraph (2.2).