Sec. 20-474. Definitions.  


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  • As used in sections 20-474 to 20-482, inclusive, subsections (e) and (f) of section 19a-88 and section 19a-111:

    (1) “Abatement” means any set of measures designed to eliminate lead hazards in accordance with standards established pursuant to sections 20-474 to 20-482, inclusive, and subsections (e) and (f) of section 19a-88 and regulations adopted thereunder, including, but not limited to, the encapsulation, replacement, removal, enclosure or covering of paint, plaster, soil or other material containing toxic levels of lead and all preparation, clean-up, disposal and reoccupancy clearance testing;

    (2) “Certificate” means a document issued by the department indicating successful completion of an approved training course;

    (3) “Code enforcement official” means the director of health or a person authorized by the director to act on the director's behalf, the local housing code official or a person authorized by the local housing code official to act on the local housing code official's behalf, or an agent of the commissioner;

    (4) “Commissioner” means the Commissioner of Public Health, or the commissioner's designee;

    (5) “Department” means the Department of Public Health;

    (6) “Director of health” means a municipal health director or a district director of health as defined in chapters 368e and 368f;

    (7) “Dwelling” means every building or shelter used or intended for human habitation, including exterior surfaces and all common areas thereof, and the exterior of any other structure located within the same lot, even if not used for human habitation;

    (8) “Dwelling unit” means a room or group of rooms within a dwelling arranged for use as a single household by one or more individuals living together who share living and sleeping facilities;

    (9) “Entity” means any person, partnership, firm, association, corporation, limited liability company, sole proprietorship or any other business concern, state or local government agency or political subdivision or authority thereof, or any religious, social or union organization, whether operated for profit or otherwise;

    (10) “Lead abatement contractor” means any entity which contracts to perform lead hazard reduction by means of abatement including, but not limited to, the encapsulation, replacement, removal, enclosure or covering of paint, plaster, soil or other material containing toxic levels of lead;

    (11) “Lead abatement supervisor” means an individual who oversees lead abatement activities;

    (12) “Lead abatement worker” means an individual who performs lead abatement activities;

    (13) “Lead consultant contractor” means any entity which contracts to perform lead hazard reduction consultation work utilizing a lead inspector, lead inspection risk assessor or lead planner-project designer;

    (14) “Lead inspection” means an investigation to determine the presence of lead in paint, lead in other surface coverings, lead in dust, lead in soil or lead in drinking water, and the provision of a report explaining the results of the investigation;

    (15) “Lead inspector” means an individual who performs inspections solely for the purpose of determining the presence of lead-based paint and surface coverings and lead in soil, dust and drinking water through the use of on-site testing including, but not limited to, x-ray fluorescence (XRF) analysis with portable analytical instruments, and the collection of samples for laboratory analysis and who collects information designed to assess the level of risk;

    (16) “Lead inspector risk assessor” means an individual who (A) performs (i) lead inspection risk assessments for the purpose of determining the presence, type, severity and location of lead-based paint hazards, including lead hazards in paint, dust, drinking water and soil, through the use of on-site testing, including, but not limited to, x-ray fluorescence (XRF) analysis with portable instruments, and (ii) the collection of samples for laboratory analysis, and (B) provides suggested ways to control any identified lead hazards;

    (17) “Lead planner-project designer” means an individual who designs lead abatement and management activities;

    (18) “Lead training provider” means an entity that offers an approved training course or refresher training course in lead abatement or lead consultant services;

    (19) “License” means the whole or part of any department permit, approval or similar form of permission required by the general statutes and which further requires: (A) Practice of the profession by licensed persons or entities only; (B) that a person or entity demonstrate competence to practice through an examination or other means and meet certain minimum standards; and (C) enforcement of standards by the department;

    (20) “Premises” means the area immediately surrounding a dwelling;

    (21) “Refresher training course” means an annual, supplemental training course for personnel engaged in lead abatement or lead consultation services; and

    (22) “Training course” means an approved training course offered by a training provider for persons seeking instruction in lead abatement or lead consultation services.

(P.A. 94-220, S. 1, 12; P.A. 95-79, S. 70, 189; 95-257, S. 12, 21, 58; P.A. 17-66, S. 1; P.A. 18-48, S. 11.)

History: P.A. 94-220 effective July 1, 1994; P.A. 95-79 redefined “entity” to include a limited liability company, effective May 31, 1995; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; (Revisor's note: In 1997 in Subdiv. (6) the Revisors editorially substituted reference to “chapters 368e and 368f” for “chapters 386e and 386f” to correct a clerical error in P.A. 94-220); P.A. 17-66 amended Subdiv. (4) by adding reference to commissioner's designee, deleted former Subdiv. (10) defining “inspection”, deleted former Subdiv. (11) defining “inspector”, redesignated existing Subdivs. (12) to (14) as new Subdivs. (10) to (12), deleted former Subdiv. (15) defining lead consultant, redesignated existing Subdiv. (16) as new Subdiv. (13) and amended same by redefining “lead consultant contractor”, added new Subdiv. (14) defining “lead inspection”, added new Subdiv. (15) defining “lead inspector”, added new Subdiv. (16) defining “lead inspector risk assessor”, added new Subdiv. (17) defining “lead planner-project designer”, added new Subdiv. (18) defining “lead training provider”, redesignated existing Subdiv. (17) as new Subdiv. (19), deleted former Subdiv. (18) defining “planner-project designer”, redesignated existing Subdivs. (19) to (21) as new Subdivs. (20) to (22), deleted former Subdiv. (22) defining training provider, and made technical changes, effective July 1, 2017; P.A. 18-48 amended Subdiv. (16) by making a technical change, effective May 29, 2018.