The following words and terms, when used in this subchapter,
shall have the following meanings, unless the context clearly indicates
(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
(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
(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
(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
(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
(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
(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;
(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
(46) HVAC--Heating, ventilation, and air conditioning
(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