SECTION 295.202. Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Accessible surface--An interior or exterior surface painted with lead-based paint that is accessible to a young child to mouth or chew.

(2) Accredited training program--A training program that has been accredited by the Department of State Health Services (department) to provide training for persons engaged in lead-based paint activities.

(3) Act--The Texas Occupations Code, Chapter 1955.

(4) Adequate quality control--A plan or design to ensure the authenticity, integrity, and accuracy of lead-based paint samples, including dust, soil, and paint chip or paint film samples. Adequate quality control also includes provisions for representative sampling.

(5) Approved documented methodologies--Methods or protocols used to sample for the presence of lead in paint, dust, and soil. Approved documented methodologies may be found in the United States Department of Housing and Urban Development (HUD) Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing (2012 edition); Standard Specification for Wipe Sampling Materials for Lead in Surface Dust (ASTM Designation E1792); Standard Practice for Field Collection of Settled Dust Samples Using Wipe Sampling Methods for Lead Determination by Atomic Spectrometry Techniques (ASTM Designation E1728); Standard Practice for Field Collection of Soil Samples for Lead Determination by Atomic Spectrometry Techniques or equivalent method (ASTM Designation E1727); and other equivalent methods recognized by EPA, HUD, or the department.

(6) Arithmetic mean--The algebraic sum of data values divided by the number of data values (e.g., the sum of the concentration of lead in several soil samples divided by the number of samples).

(7) ASTM--American Society for Testing and Materials, 100 Barr Harbor Dr., West Conshohocken, Pennsylvania, 19428.

(8) Bare soil--Soil not covered with grass, sod, or some other similar vegetation. Bare soil includes sand.

(9) Certified lead abatement project designer--A person who has been certified by the department to prepare lead abatement project designs, occupant protection plans, and abatement reports.

(10) Certified lead abatement supervisor--A person who has been certified by the department to supervise and conduct lead abatements, and to prepare occupant protection plans and abatement reports.

(11) Certified lead abatement worker--A person who has been certified by the department to perform abatements.

(12) Certified lead firm--A company, contractor, partnership, corporation, sole proprietorship, association, or other business entity that performs or offers to perform lead-based paint activities, and that has been certified by the department.

(13) Certified lead inspector--A person who has been certified by the department to conduct lead inspections. Inspectors may also sample dust and soil for the purposes of abatement cleanup and clearance testing.

(14) Certified lead risk assessor--A person who has been certified by the department to conduct lead risk assessments, lead inspections and lead hazard screens. Risk assessors may also sample dust and soil for the purposes of lead abatement cleanup and clearance testing.

(15) Chewable surface--An interior or exterior surface painted with lead-based paint that a young child can mouth or chew. A chewable surface is the same as an "accessible surface" as defined in 42 U.S.C. 4851b(2). Hard metal substrates and other materials that cannot be dented by the bite of a young child are not considered chewable.

(16) Child-occupied facility--A building or part of a building constructed before 1978, including, but not limited to, a day-care center, preschool, or kindergarten classroom, that is visited regularly by the same child, six years of age or younger, at least two days in any calendar week if the visits are for at least:

(A) three hours each day; and

(B) 60 hours each year.

(17) Clearance levels--Values that indicate the maximum amount of lead permitted in dust on a surface following completion of an abatement activity. To achieve clearance when dust sampling is required, values below these levels must be achieved. Clearance levels that are appropriate when dust sampling is required may be found in §295.212(d)(13) of this title (relating to Standards for Conducting Lead Based Paint Activities).

(18) Commissioner--The Commissioner of the Department of State Health Services.

(19) Common area--A portion of target housing or a child-occupied facility that is generally accessible to all occupants. Such an area may include, but is not limited to, hallways, stairways, laundry and recreational rooms, playgrounds, community centers, garages, and boundary fences.

(20) Common area group--A group of common areas that are similar in design, construction, and function. Common area groups include, but are not limited to, hallways, stairwells, and laundry rooms.

(21) Complete certification application--An application that contains, at a minimum:

(A) an original signature not photocopied, facsimiled, or electronically reproduced;

(B) a legible printed name and mailing address;

(C) any business or organization affiliation and mailing address;

(D) copies of any applicable required training course completion certificates issued by a department-accredited training provider within the specified time frames;

(E) documentation of any applicable required formal education in the form of a diploma, degree, or transcript;

(F) documentation of any applicable required work experience detailing job duties that includes verification contacts covering the minimum time frames required;

(G) documentation of any specified professional certification, professional engineer, or professional registration, if required;

(H) the appropriate certification fee; and

(I) for lead firms, documentation of items required in §295.211(b)(1) - (3) of this title (relating to Lead Firm Certification Requirements), as applicable.

(22) Component or building component--Specific design or structural elements or fixtures of target housing or a child-occupied facility that are distinguished from each other by form, function, and location. These include, but are not limited to, interior components, such as ceilings, crown molding, walls, chair rails, doors, door trim, floors, fireplaces, radiators and other heating units, shelves, shelf supports, stair treads, stair risers, stair stringers, newel posts, railing caps, balustrades, windows and trim (including sashes, window heads, jambs, sills or stools and troughs), built-in cabinets, columns, beams, bathroom vanities, counter tops, and air conditioners; and exterior components, such as painted roofing, chimneys, flashing, gutters and downspouts, ceilings, soffits, fascias, rake boards, cornerboards, bulkheads, doors and door trim, fences, floors, joists, lattice work, railings and railing caps, siding, handrails, stair risers and treads, stair stringers, columns, balustrades, window sills or stools and troughs, casings, sashes and wells, and air conditioners.

(23) Concentration--The relative content of a specific substance contained within a larger mass, such as the amount of the lead (in micrograms per gram or parts per million by weight) in a sample of dust or soil.

(24) Containment--A regulated area that has been sealed and designed to prevent the release of lead-containing dust or materials into surrounding areas.

(25) Course agenda--An outline of the key topics to be covered during a training course, including the time allotted to teaching each topic.

(26) Course test--An evaluation of the overall effectiveness of the training which shall test the trainees' knowledge and retention of the topics covered during the course.

(27) Course test blue print--Written documentation of the proportion of course test questions devoted to each major topic in the course curriculum.

(28) Department--The Department of State Health Services.

(29) Deteriorated paint--Any interior or exterior paint or other coating that is peeling, chipping, chalking or cracking, or any paint or coating located on an interior or exterior surface or fixture that is otherwise damaged or separated from the substrate.

(30) Discipline--One of the specific types or categories of lead-based paint activities for which individuals may receive training from accredited programs and become certified by the department. For example, "lead worker" is a discipline.

(31) Distinct painting history--The application history, as indicated by its visual appearance or a record of application, over time, of paint or other surface coatings to a component, room, or unit of a building structure.

(32) Dripline--The area within three feet surrounding the perimeter of a building.

(33) Elevated blood lead level (EBL)--An absorption of lead that is a confirmed concentration of lead in whole blood of 20 µg/dl (micrograms of lead per deciliter of whole blood) for a single venous test or of 15-19 µg/dl in two consecutive tests taken three to four months apart.

(34) EHNG--Environmental Health Notifications Group within the Inspection Unit, Environmental and Consumer Safety Section, Department of State Health Services.

(35) Encapsulant--A substance that forms a barrier between lead-based paint and the environment using a liquid-applied coating (with or without reinforcement materials) or an adhesively bonded covering material. Only encapsulant products that meet the performance standards developed by ASTM (E1796, E1795) shall be used for lead hazard reduction.

(36) Encapsulation--The application of an encapsulant.

(37) Enclosure--A process that makes lead-based paint inaccessible by providing a physical barrier that is mechanically attached to a surface.

(38) EPA--The United States Environmental Protection Agency.

(39) Federal laws and rules--Applicable federal laws and regulations adopted in this paragraph:

(A) Toxic Substances Control Act (15 United States Code §2681 et seq.) Title IV, and the rules adopted by the EPA under that law for authorization of state programs;

(B) Title X, Residential Lead-Based Paint Hazard Reduction Act of 1992, and any regulations or requirements adopted by the HUD regarding eligibility for grants to states and local governments; and

(C) any other requirements adopted by a federal agency with jurisdiction over lead hazards.

(40) Friction surface--An interior or exterior surface that is subject to abrasion or friction, including, but not limited to, certain window, floor, and stair surfaces.

(41) Guest instructor--An individual designated by the training program manager to provide instruction specific to the lecture, hands-on activities, or work practice components of a course.

(42) Hands-on skills assessment--An evaluation which tests the trainees' ability to perform satisfactorily the work practices and procedures used by a discipline, as well as any other skills covered in a training course.

(43) HEPA filter--A high-efficiency particulate air filter, capable of trapping and retaining 99.97% of mono-dispersed airborne particles 0.3 microns or larger in diameter.

(44) Historical records--Documentation which identifies the material makeup (including brand, color type, and lead content) and dates of application of paint and other surface coatings.

(45) HUD--The United States Department of Housing and Urban Development.

(46) HVAC--Heating, ventilation, and air conditioning systems.

(47) Impact surface--An interior or exterior surface that is subject to damage by repeated sudden force such as certain parts of door frames.

(48) Inspection--A surface-by-surface investigation by a certified lead inspector or a certified lead risk assessor to determine the presence of lead-based paint including a written report explaining the results of the investigation.

(49) Interim controls--A set of measures designed to temporarily reduce 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.

(50) Interior window sill--The portion of the horizontal window ledge that protrudes into the interior of the room.

(51) Lead Abatement--

(A) Includes any measure or set of measures designed to permanently eliminate lead-based paint hazards. Abatement includes, but is not limited to:

(i) the removal of paint and dust, the permanent enclosure or encapsulation of lead-based paint, the replacement of painted surfaces or fixtures, or the removal or permanent covering of soil, when lead-based paint hazards are present in such paint, dust or soil; and

(ii) all preparation, cleanup, disposal, and post-abatement clearance testing activities associated with such measures; and

(iii) abatement projects, which specifically include, but are not limited to:

(I) projects for which there is a written contract or other documentation, which provides that an individual or firm will be conducting activities in or to target housing or child-occupied facilities that:

(-a-) shall result in the permanent elimination of lead-based paint, lead-contaminated dust or soil, and other lead-based paint hazards; or

(-b-) are described in clauses (i) and (ii) of this subparagraph.

(II) projects resulting in the permanent elimination of a lead-based paint hazard, lead-based paint, and lead-contaminated dust or soil, conducted by persons certified in accordance with §§295.206 - 295.211 of this title relating to the certification requirements unless such projects are covered by subparagraph (B) of this paragraph;

(III) projects resulting in the permanent elimination of a lead-based paint hazard, lead-based paint, and lead-contaminated dust or soil, conducted by persons who, through their company name or promotional literature, represent, advertise, or hold themselves to be in the business of performing lead-based paint activities as identified and defined by this section, unless such projects are covered by subparagraph (B) of this paragraph; or

(IV) projects involving the permanent elimination of lead-based paint hazards, lead-based paint, or lead-contaminated dust or soil, that are conducted in response to state or local abatement orders.

(B) Excludes:

(i) renovation, remodeling, or landscaping activities, which are not designed to permanently eliminate lead-based paint hazards, but, instead, are designed to repair, restore, or remodel a given structure or dwelling, even though these activities may incidentally result in a reduction or elimination of lead-based paint hazards;

(ii) interim controls, operations and maintenance activities, or other measures and activities designed to temporarily, but not permanently, reduce lead-based paint hazards; and

(iii) demolition of target housing buildings and child-occupied facilities.

(52) Lead-based paint--Paint or other surface coatings that contain lead equal to or in excess of 1.0 milligrams per square centimeter or more than 0.5% by weight.

(53) Lead-based paint activity--Inspection, testing, risk assessment, risk reduction, lead abatement project design or planning, abatement or removal, or creation of lead-based paint hazards.

(54) Lead-based paint hazard--Hazardous lead-based paint, dust-lead hazard or soil-lead hazard as identified in this paragraph.

(A) Paint-lead hazard. A paint-lead hazard is any of the following:

(i) any lead-based paint on a friction surface that is subject to abrasion and where the lead dust levels on the nearest horizontal surface underneath the friction surface (e.g., the window sill, or floor) are equal to or greater than the dust-lead hazard levels identified in subparagraph (B) of this paragraph;

(ii) any damaged or otherwise deteriorated lead-based paint on an impact surface that is caused by impact from a related building component (such as a door knob that knocks into a wall or a door that knocks against its door frame);

(iii) any chewable lead-based painted surface on which there is evidence of teeth marks; and

(iv) any other deteriorated lead-based paint in any residential building or child-occupied facility or on the exterior of any residential building or child-occupied facility.

(B) Dust-lead hazard. A dust-lead hazard is surface dust in a residential building or child-occupied facility that contains mass-per-area concentration of lead equal to or exceeding 10 micrograms per square foot (µg/ft² ) on floors or 100 µg/ft² on interior window sills based on wipe samples.

(C) Soil-lead hazard. A soil-lead hazard is bare soil on residential real property or on the property of a child-occupied facility that contains total lead equal to or exceeding 400 parts per million (ppm) in a play area or average of 1,200 ppm of bare soil in the rest of the yard based on soil samples.

(55) Lead-hazard screen--An activity conducted by a certified risk assessor that involves limited paint and dust sampling to determine the presence of a lead-based paint hazard.

(56) Living area--Areas of a target housing unit or a child-occupied facility used by one or more children six years of age or younger, including, but not limited to, living rooms, kitchen areas, dens, play rooms, and children's bedrooms.

(57) Loading--The quantity of a specific substance present per unit of surface area, such as the amount of lead in micrograms contained in the dust collected from a certain surface area divided by the surface area in square feet or square meters.

(58) Mid-yard--An area of a residential yard approximately midway between the dripline of a residential building and the nearest property boundary or between the driplines of a residential building and another building on the same property.

(59) Multi-family dwelling--A structure that contains more than one separate residential dwelling unit, which is used or occupied, or intended to be used or occupied, in whole or in part, as the home or residence of one or more persons.

(60) Non-profit--An entity which has demonstrated to any branch of the Federal Government or to a State, municipal, tribal or territorial government, that no part of its net earnings inure to the benefit of any private shareholder or individual.

(61) OSHA--The Occupational Safety and Health Administration of the United States Department of Labor.

(62) Permanently covered soil--Soil which has been separated from human contact by the placement of a barrier consisting of solid, relatively impermeable materials, such as pavement or concrete. Grass, mulch, and other landscaping materials are not considered permanent covering.

(63) Person--An individual, corporation, company, contractor, subcontractor, association, firm, partnership, joint stock company, foundation, institution, trust, society, union, governmental entity, or any other association of individuals.

(64) Play area--An area of frequent soil contact by children six years of age or less as indicated by, but not limited to, such factors, including the following the presence of play equipment (e.g., sandboxes, swing sets, and sliding boards), toys, or other children's possessions, observations of play patterns, or information provided by parents, residents, care givers, or property owners.

(65) Principal instructor--The individual who has the primary responsibility for organizing and teaching a particular course.

(66) Recognized laboratory--An environmental laboratory recognized by EPA, pursuant to the Toxic Substances Control Act (TSCA) §405(b), as being capable of performing an analysis for lead content in materials, including paint, soil, and dust.

(67) Reduction--Any measures designed to reduce or eliminate human exposure to lead-based paint hazards through methods, including, but not limited to, interim controls and abatement.

(68) Residential building--A building containing one or more residential dwellings.

(69) Residential dwelling--A dwelling that is:

(A) a detached single family dwelling unit, including attached structures such as porches and stoops; or

(B) a single family dwelling unit in a structure that contains more than one separate residential dwelling unit, which is used or occupied, or intended to be used or occupied, in whole or in part, as the home or residence of one or more persons.

(70) Risk assessment--An assessment consists of:

(A) an on-site investigation conducted by a certified risk assessor to determine the existence, nature, severity, and location of lead-based paint hazards; and

(B) a written report by the person or the firm conducting the risk assessment, explaining the results of the investigation and options for reducing lead-based paint hazards.

(71) Room--A separate part of the inside of a building, such as a bedroom, living room, dining room, kitchen, bathroom, laundry room, or utility room. To be considered a separate room, the room must be separated from adjoining rooms by built-in walls or archways that extend at least six inches from an intersecting wall. Half walls or bookcases count as room separators if built-in. Movable or collapsible partitions or partitions consisting solely of shelves or cabinets are not considered built-in walls. A screened in porch that is used as a living area is a room.

(72) Soil Sample--A sample collected in a representative location using ASTM E1727, "Standard Practice for Field Collection of Soil Samples for Lead Determination by Atomic Spectrometry Techniques," or equivalent method.

(73) Start-date--The date that the lead abatement begins.

(74) Stop-date--The date that all dust-wipe clearance levels are achieved and reported to the lead firm conducting the abatement for interior abatement, or for exterior abatement, the date that visual clearance levels are all achieved.

(75) Target housing--Any housing constructed prior to 1978, except housing for the elderly or persons with disabilities (unless any child who is six years of age or younger resides or is expected to reside in such housing) or any zero-bedroom dwelling. As defined in this section, target housing includes the terms residential dwelling, multi-family dwelling, and unit.

(76) Testing--The collection of paint, soil, or dust-wipe samples for determining the presence of lead in paint or lead-based paint hazards by an EPA recognized laboratory or the use of an XRF.

(77) Training curriculum--An established set of course topics for instruction in an accredited training program for a particular discipline designed to provide specialized knowledge and skills.

(78) Training hour--At least 50 minutes of actual teaching, including, but not limited to, time devoted to lecture, learning activities, small group activities, demonstrations, evaluations, and hands-on experience.

(79) Training manager--The individual responsible for administering a training program and monitoring the performance of principal instructors and guest instructors.

(80) TSCA--Toxic Substances Control Act (15 United States Code §2681 et seq) Title IV.

(81) Unit--A room or connected group of rooms used or intended to be used by a single tenant or owner.

(82) Visual inspection for clearance testing--The visual examination of a residential dwelling or a child-occupied facility following an abatement to determine whether or not the abatement has been successfully completed, as indicated by the absence of visible residue, dust, and debris.

(83) Visual inspection for risk assessment--The visual examination of a residential dwelling or a child-occupied facility to determine the existence of deteriorated lead-based paint or other potential sources of lead-based paint hazards.

(84) Weighted arithmetic mean--The arithmetic mean of sample results weighted by the number of subsamples in each sample. Its purpose is to give influence to a sample relative to the surface area it represents. A single surface sample is comprised of a single subsample. A composite sample may contain from two to four subsamples of the same area as each other and of each single surface sample in the composite. The weighted arithmetic mean is obtained by summing, for all samples, the product of the sample's result multiplied by the number of subsamples in the sample, and dividing the sum by the total number of subsamples contained in all samples. For example, the weighted arithmetic mean of a single surface sample containing 60 µg/ft² , a composite sample (three subsamples) containing 100 µg/ft² , and a composite sample (four subsamples) containing 110 µg/ft² is 100 µg/ft² . This result is based on the equation [60 + (3*100) + (4*110)]/(1+3+4).

(85) Window trough--For a typical double-hung window, the portion of the exterior window sill between the interior window sill (or stool) and the frame of the storm window. If there is no storm window, the window trough is the area that receives both the upper and lower window sashes when they are both lowered. The trough is sometimes referred to as the window "well."

(86) Wipe sample--A sample collected by wiping a representative surface of known area, as determined by ASTM E1728, "Standard Practice for Field Collection of Settled Dust Samples Using Wipe Sampling Methods for Lead Determinations by Atomic Spectrometry Techniques," or equivalent method, with an acceptable wipe material as defined in ASTM E1792, "Standard Specification for Wipe Sampling Materials for Lead in Surface Dust."

(87) Working days--Monday through Friday including holidays that fall on those days.

(88) Worksite--An interior or exterior area at a target housing or child-occupied facility where lead-based paint abatement activity is taking place or is scheduled to take place.

(89) X-Ray Fluorescence Analyzer (XRF)--An instrument used to determine the concentration of lead in a sample; readings are in milligrams per square centimeter (mg/cm² ).

(90) Zero-bedroom dwelling--Any residential dwelling in which the living area is not separated from the sleeping area. The term includes, but is not limited to, efficiencies, studio apartments, dormitory housing, military barracks, and rental of individual rooms in residential dwellings.

Source Note: The provisions of this §295.202 adopted to be effective February 19, 1996, 21 TexReg 968; amended to be effective May 10, 1998, 23 TexReg 4280; amended to be effective March 23, 2003, 28 TexReg 2347; amended to be effective January 1, 2005, 29 TexReg 11987; amended to be effective November 9, 2021, 46 TexReg 7608