
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 15USC2681]

 
                      TITLE 15--COMMERCE AND TRADE
 
                  CHAPTER 53--TOXIC SUBSTANCES CONTROL
 
                 SUBCHAPTER IV--LEAD EXPOSURE REDUCTION
 
Sec. 2681. Definitions

    For the purposes of this subchapter:

                            (1) Abatement

        The term ``abatement'' means any set of measures designed to 
    permanently eliminate lead-based paint hazards in accordance with 
    standards established by the Administrator under this subchapter. 
    Such term includes--
            (A) the 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
            (B) all preparation, cleanup, disposal, and postabatement 
        clearance testing activities associated with such measures.

                       (2) Accessible surface

        The term ``accessible surface'' means an interior or exterior 
    surface painted with lead-based paint that is accessible for a young 
    child to mouth or chew.

                       (3) Deteriorated paint

        The term ``deteriorated paint'' means any interior or exterior 
    paint that is peeling, chipping, chalking or cracking or any paint 
    located on an interior or exterior surface or fixture that is 
    damaged or deteriorated.

                           (4) Evaluation

        The term ``evaluation'' means risk assessment, inspection, or 
    risk assessment and inspection.

                        (5) Friction surface

        The term ``friction surface'' means an interior or exterior 
    surface that is subject to abrasion or friction, including certain 
    window, floor, and stair surfaces.

                         (6) Impact surface

        The term ``impact surface'' means an interior or exterior 
    surface that is subject to damage by repeated impacts, for example, 
    certain parts of door frames.

                           (7) Inspection

        The term ``inspection'' means (A) a surface-by-surface 
    investigation to determine the presence of lead-based paint, as 
    provided in section 4822(c) of title 42, and (B) the provision of a 
    report explaining the results of the investigation.

                        (8) Interim controls

        The term ``interim controls'' means a set of measures designed 
    to reduce temporarily 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.

                        (9) Lead-based paint

        The term ``lead-based paint'' means paint or other surface 
    coatings that contain lead in excess of 1.0 milligrams per 
    centimeter squared or 0.5 percent by weight or (A) in the case of 
    paint or other surface coatings on target housing, such lower level 
    as may be established by the Secretary of Housing and Urban 
    Development, as defined in section 4822(c) of title 42, or (B) in 
    the case of any other paint or surface coatings, such other level as 
    may be established by the Administrator.

                    (10) Lead-based paint hazard

        The term ``lead-based paint hazard'' means any condition that 
    causes exposure to lead from lead-contaminated dust, lead-
    contaminated soil, 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 by the Administrator under this subchapter.

                     (11) Lead-contaminated dust

        The term ``lead-contaminated dust'' means surface dust in 
    residential dwellings that contains an area or mass concentration of 
    lead in excess of levels determined by the Administrator under this 
    subchapter to pose a threat of adverse health effects in pregnant 
    women or young children.

                     (12) Lead-contaminated soil

        The term ``lead-contaminated soil'' means bare soil on 
    residential real property that contains lead at or in excess of the 
    levels determined to be hazardous to human health by the 
    Administrator under this subchapter.

                           (13) Reduction

        The term ``reduction'' means measures designed to reduce or 
    eliminate human exposure to lead-based paint hazards through methods 
    including interim controls and abatement.

                      (14) Residential dwelling

        The term ``residential dwelling'' means--
            (A) a single-family dwelling, including attached structures 
        such as porches and stoops; or
            (B) a single-family dwelling unit in a structure that 
        contains more than 1 separate residential dwelling unit, and in 
        which each such unit is used or occupied, or intended to be used 
        or occupied, in whole or in part, as the home or residence of 1 
        or more persons.

                   (15) Residential real property

        The term ``residential real property'' means real property on 
    which there is situated 1 or more residential dwellings used or 
    occupied, or intended to be used or occupied, in whole or in part, 
    as the home or residence of 1 or more persons.

                        (16) Risk assessment

        The term ``risk assessment'' means an on-site investigation to 
    determine and report the existence, nature, severity and location of 
    lead-based paint hazards in residential dwellings, including--
            (A) information gathering regarding the age and history of 
        the housing and occupancy by children under age 6;
            (B) visual inspection;
            (C) limited wipe sampling or other environmental sampling 
        techniques;
            (D) other activity as may be appropriate; and
            (E) provision of a report explaining the results of the 
        investigation.

                         (17) Target housing

        The term ``target housing'' means any housing constructed prior 
    to 1978, except housing for the elderly or persons with disabilities 
    (unless any child who is less than 6 years of age resides or is 
    expected to reside in such housing for the elderly or persons with 
    disabilities) or any 0-bedroom dwelling. In the case of 
    jurisdictions which banned the sale or use of lead-based paint prior 
    to 1978, the Secretary of Housing and Urban Development, at the 
    Secretary's discretion, may designate an earlier date.

(Pub. L. 94-469, title IV, Sec. 401, as added Pub. L. 102-550, title X, 
Sec. 1021(a), Oct. 28, 1992, 106 Stat. 3912.)
