
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC4851b]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
       CHAPTER 63A--RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION
 
Sec. 4851b. Definitions

    For the purposes of this chapter, the following definitions shall 
apply:

                            (1) Abatement

        The term ``abatement'' means any set of measures designed to 
    permanently eliminate lead-based paint hazards in accordance with 
    standards established by appropriate Federal agencies. 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) Certified contractor

        The term ``certified contractor'' means--
            (A) a contractor, inspector, or supervisor who has completed 
        a training program certified by the appropriate Federal agency 
        and has met any other requirements for certification or 
        licensure established by such agency or who has been certified 
        by any State through a program which has been found by such 
        Federal agency to be at least as rigorous as the Federal 
        certification program; and
            (B) workers or designers who have fully met training 
        requirements established by the appropriate Federal agency.

     (4) Contract for the purchase and sale of residential real 
                                  property

        The term ``contract for the purchase and sale of residential 
    real property'' means any contract or agreement in which one party 
    agrees to purchase an interest in 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.

                       (5) 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.

                           (6) Evaluation

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

                   (7) Federally assisted housing

        The term ``federally assisted housing'' means residential 
    dwellings receiving project-based assistance under programs 
    including--
            (A) section 1715l(d)(3) or 1715z-1 of title 12;
            (B) section 1 of the Housing and Urban Development Act of 
        1965;
            (C) section 1437f of this title; or
            (D) sections 1472(a), 1474, 1484, 1485, 1486 and 1490m of 
        this title.

                     (8) Federally owned housing

        The term ``federally owned housing'' means residential dwellings 
    owned or managed by a Federal agency, or for which a Federal agency 
    is a trustee or conservator. For the purpose of this paragraph, the 
    term ``Federal agency'' includes the Department of Housing and Urban 
    Development, the Farmers Home Administration, the Resolution Trust 
    Corporation, the Federal Deposit Insurance Corporation, the General 
    Services Administration, the Department of Defense, the Department 
    of Veterans Affairs, the Department of the Interior, the Department 
    of Transportation, and any other Federal agency.

                    (9) Federally supported work

        The term ``federally supported work'' means any lead hazard 
    evaluation or reduction activities conducted in federally owned or 
    assisted housing or funded in whole or in part through any financial 
    assistance program of the Department of Housing and Urban 
    Development, the Farmers Home Administration, or the Department of 
    Veterans Affairs.

                        (10) 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.

                         (11) 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.

                           (12) Inspection

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

                        (13) 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.

                        (14) Lead-based paint

        The term ``lead-based paint'' means paint or other surface 
    coatings that contain lead in excess of limits established under 
    section 4822(c) of this title.

                    (15) 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 appropriate Federal agency.

                     (16) 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 appropriate Federal 
    agency to pose a threat of adverse health effects in pregnant women 
    or young children.

                     (17) 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 appropriate 
    Federal agency.

                         (18) Mortgage loan

        The term ``mortgage loan'' includes any loan (other than 
    temporary financing such as a construction loan) that--
            (A) is secured by a first lien on any interest in 
        residential real property; and
            (B) either--
                (i) is insured, guaranteed, made, or assisted by the 
            Department of Housing and Urban Development, the Department 
            of Veterans Affairs, or the Farmers Home Administration, or 
            by any other agency of the Federal Government; or
                (ii) is intended to be sold by each originating mortgage 
            institution to any federally chartered secondary mortgage 
            market institution.

                (19) Originating mortgage institution

        The term ``originating mortgage institution'' means a lender 
    that provides mortgage loans.

                        (20) Priority housing

        The term ``priority housing'' means target housing that 
    qualifies as affordable housing under section 12745 of this title, 
    including housing that receives assistance under subsection (b) or 
    (o) of section 1437f of this title.

                         (21) Public housing

        The term ``public housing'' has the same meaning given the term 
    in section 1437a(b) of this title.

                           (22) 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.

                      (23) 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.

                   (24) 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.

                        (25) 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.

                           (26) Secretary

        The term ``Secretary'' means the Secretary of Housing and Urban 
    Development.

                         (27) 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, at the Secretary's discretion, may designate 
    an earlier date.

(Pub. L. 102-550, title X, Sec. 1004, Oct. 28, 1992, 106 Stat. 3898.)

                       References in Text

    Section 1 of the Housing and Urban Development Act of 1965, referred 
to in par. (7)(B), is section 1 of Pub. L. 89-117, which is set out as a 
Short Title of 1965 Amendment note under section 1701 of Title 12, Banks 
and Banking.

                  Section Referred to in Other Sections

    This section is referred to in sections 1437f, 1471, 4822, 5305, 
12705, 12742 of this title; title 12 sections 1703, 1709, 1715l; title 
15 section 2682.
