Rochester, N.Y., Code of Ordinances ch. 90 § 90-52

As used in this chapter, the following terms shall have the meanings indicated: ABATEMENT Any set of measures designed to permanently eliminate lead-based paint or lead-based paint hazards. (See definition of "permanent''). "Abatement" includes: A. The removal of lead-based paint and dust-lead hazards, the permanent enclosure or encapsulation of lead-based paint, the replacement of components or fixtures painted with lead-based paint, and the removal or permanent covering of soil-lead hazards; and B. All preparation, cleanup, disposal, and post-abatement clearance testing activities associated with such measures. CERTIFIED Licensed or certified to perform such activities as risk assessment, lead-based paint inspection, lead dust wipe tests or abatement supervision by the United States Environmental Protection Agency (EPA) in accordance with 40 CFR Part 745 , Subpart L. Any individual who has been licensed or certified by the EPA will be approved as certified by the City for the purpose of performing such licensed activities, provided that such approvals are subject to suspension or revocation after a finding of nonresponsibility by the Director pursuant to § 90-57I . CERTIFIED LEAD-BASED PAINT INSPECTOR An individual who has been trained by an accredited training program, as defined by 40 CFR 745.223 , and certified by the EPA pursuant to 40 CFR 745.226 to conduct lead-based paint inspections, whose approval to conduct such inspections in the City is not subject to suspension or revocation after a finding of nonresponsibility pursuant to § 90-57I . A certified lead-based paint inspector also samples for the presence of lead in dust and soil for the purposes of clearance testing. CERTIFIED LEAD DUST WIPE TECHNICIAN An individual who has been trained by an accredited training program, as defined by 40 CFR 745.223 , and certified by the EPA pursuant to 40 CFR 745.226 to conduct lead dust wipe tests, whose approval to conduct such dust wipe tests in the City is not subject to suspension or revocation after a finding of nonresponsibility pursuant to § 90-57I . CERTIFIED RISK ASSESSOR An individual who has been trained by an accredited training program, as defined by 40 CFR 745.223 , and certified by the EPA pursuant to 40 CFR 745.226 to conduct risk assessments, whose approval to conduct such risk assessments in the City is not subject to suspension or revocation after a finding of nonresponsibility pursuant to § 90-57I . A certified risk assessor also samples for the presence of lead in dust and soil for the purposes of clearance testing. CHEWABLE SURFACE An interior or exterior accessible painted surface that a young child can mouth or chew. Hard metal substrates and other materials that cannot be dented by the bite of a young child are not considered chewable. CLEARANCE EXAMINATION An activity conducted following lead-based paint hazard reduction activities to determine that the hazard reduction activities are complete and that no soil-lead hazards or settled dust-lead hazards, as defined in this article, exist in the dwelling unit or worksite. COMMON AREA A portion of a residential property that is available for use by occupants of more than one dwelling unit. Such an area may include, but is not limited to, hallways, stairways, laundry and recreational rooms, playgrounds, community centers, on-site day-care facilities, porches, basements, attics, garages and boundary fences. COMPONENT An architectural element of a dwelling unit or common area identified by type and location, such as a bedroom wall, an exterior window sill, a baseboard in a living room, a kitchen floor, an interior window sill in a bathroom, a porch floor, stair treads in a common stairwell, or an exterior wall. CONTAINMENT The physical measures taken to ensure that dust and debris created or released during lead-based paint hazard reduction are not spread, blown or tracked from inside to outside of the worksite. DETERIORATED PAINT Any interior or exterior paint or other coating that, through a visual assessment, is found to be peeling, chipping, crazing, flaking, abrading, 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, or a chewable surface that contains visual signs of chewing. DRIPLINE The area within three feet surrounding the perimeter of a building. DRY SANDING Sanding without moisture and includes both hand and machine sanding. DUST-LEAD HAZARD Surface dust that contains a dust-lead loading (area concentration of lead) at or exceeding the levels listed in § 90-57D . DWELLING UNIT A. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation; or B. A room or group of rooms forming a single habitable space equipped and intended to be used for living, sleeping, cooking and eating which does not contain, within such a unit, a toilet, lavatory and bathtub or shower; or C. Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes. For the purposes of this definition, a basement or attic that is accessible from inside a dwelling unit is considered to be part of the dwelling unit. Common areas and basements and/or attics that are only accessible through a common area or from the exterior of the property are not considered to be part of the dwelling unit. ENCAPSULATION The application of a covering or coating that acts as a barrier between the lead-based paint and the environment and that relies for its durability on adhesion between the encapsulant and the painted surface, and on the integrity of the existing bonds between paint layers and between the paint and the substrate. Encapsulation may be used as a method of abatement if it is designed and performed so as to be permanent. (See definition of "permanent''). ENCLOSURE The use of rigid, durable construction materials that are mechanically fastened to the substrate in order to act as a barrier between lead-based paint and the environment. Enclosure may be used as a method of abatement if it is designed to be permanent. (See definition of "Permanent.") EVALUATION A risk assessment, a lead hazard screen, a lead-based paint inspection, paint testing, or a combination of these to determine the presence of lead-based paint hazards or lead-based paint. 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. g The abbreviation for "gram." HAZARD REDUCTION Measures designed to reduce or eliminate human exposure to lead-based paint hazards through methods including interim controls or abatement or a combination of the two. HEPA VACUUM A vacuum cleaner device with an included high- efficiency particulate air (HEPA) filter through which the contaminated air flows, operated in accordance with the instructions of its manufacturer. A HEPA filter is one that captures at least 99.97% of airborne particles of at least 0.3 micrometer in diameter. IMPACT SURFACE An interior or exterior surface that is subject to damage by repeated sudden force, such as certain parts of door frames. INTERIM CONTROLS A set of measures designed to temporarily reduce human exposure or likely exposure to lead-based paint hazards. Interim controls include, but are not limited to, repairs, painting, temporary containment and specialized cleaning. LEAD-BASED PAINT Paint or other surface coatings that contain lead equal to or exceeding 1.0 milligram per square centimeter or 0.5% by weight or 5,000 parts per million (ppm) by weight. LEAD-BASED PAINT HAZARD Any condition that causes exposure to lead from dust-lead hazards, soil-lead hazards, or lead-based paint that is deteriorated or present in chewable surfaces, friction surfaces, or impact surfaces, and that would result in adverse human health effects. LEAD-BASED PAINT INSPECTION A surface-by-surface investigation to determine the presence of lead-based paint and the provision of a report explaining the results of the investigation. LEAD HAZARD INFORMATION PAMPHLET The most recent publication of the lead hazard information pamphlet means the pamphlet developed by the EPA, the United States Department of Housing and Urban Development and the Consumer Product Safety Commission pursuant to Section 403 of the Toxic Substances Control Act (15 U.S.C. § 2686 ), entitled "Protect Your Family From Lead in Your Home." LEAD SAMPLING TECHNICIAN An individual who has been trained by an accredited training program, as defined by 40 CFR 745.223 , to conduct lead dust wipe tests, whose approval to conduct such dust wipe tests in the City is not subject to suspension or revocation after a finding of nonresponsibility pursuant to § 90-57I . mg The abbreviation for "milligram" (thousandth of a gram). OCCUPANT A person who inhabits a dwelling unit. OWNER A person, firm, corporation, nonprofit organization, partnership, government, guardian, conservator, receiver, trustee, executor, or other judicial officer, or other entity which, alone or with others, owns, holds, or controls the freehold or leasehold title or part of the title to property, with or without actually possessing it. The definition includes a vendee who possesses the title, but does not include a mortgagee or an owner of a reversionary interest under a ground rent lease. PAINT REMOVAL A method of abatement that permanently eliminates lead-based paint from surfaces. PAINTED SURFACE TO BE DISTURBED A paint surface that is to be scraped, sanded, cut, penetrated or otherwise affected by rehabilitation work in a manner that could potentially create a lead-based paint hazard by generating dust, fumes, or paint chips. PAINT STABILIZATION Repairing any physical defect in the substrate of a painted surface that is causing paint deterioration, removing loose paint and other material from the surface to be treated, and applying a new protective coating or paint. PAINT TESTING The process of determining, by a certified lead- based paint inspector or risk assessor, the presence or the absence of lead-based paint on deteriorated paint surfaces or painted surfaces to be disturbed or replaced. PERMANENT An expected design life of at least 20 years. PORCH, OPEN A roofed open structure projecting from the exterior wall of a building and having at least 70% of the total area of the vertical planes forming its perimeter unobstructed in any manner except by insect screening between floor and ceiling. REDUCTION Measures designed to reduce or eliminate human exposure to lead-based paint hazards through methods including interim controls and abatement. REHABILITATION The improvement of an existing structure through alterations, incidental additions or enhancements. Rehabilitation includes repairs necessary to correct the results of deferred maintenance, the replacement of principal fixtures and components, improvements to increase the efficient use of energy, and installation of security devices. RENOVATION, REPAIR AND PAINTING RULE (RRP) CERTIFICATION EPA-required certification for all home improvements contractors, property management firms, handymen or others compensated for renovation work that involves window replacement or that disturbs more than six square feet of interior and/or 20 square feet of exterior paint or surface coating in pre-1980 residential housing and child-occupied facilities. This EPA requirement also applies to landlords working on rental properties. The individual must complete training, use safe work practices and verify that the work area is clean after completion of renovations. REPLACEMENT A strategy of abatement that entails the removal of building components that have surfaces coated with lead-based paint and the installation of new components free of lead-based paint. RESIDENTIAL PROPERTY A dwelling unit, common areas, building exterior surfaces, and any surrounding land, including outbuildings, fences and play equipment affixed to the land, belonging to an owner and available for use by residents, but not including land used for agricultural, commercial, industrial or other nonresidential purposes, and not including paint on the pavement of parking lots, garages, or roadways. RISK ASSESSMENT A. An on-site investigation to determine the existence, nature, severity, and location of lead-based paint hazards; and B. The provision of a report by the individual or firm conducting the risk assessment explaining the results of the investigation and options for reducing lead-based paint hazards. TENANT The individual named as the lessee in a lease, rental agreement or occupancy agreement for a dwelling unit. ug The abbreviation for "microgram" (millionth of a gram). VISUAL ASSESSMENT A visual examination of all surfaces within the dwelling unit, including any basement and/or attic as per the definition of a dwelling unit. A visual assessment shall not be considered to be complete if the examining individual is locked out or otherwise prevented from inspecting any room or space within the dwelling unit. For the purpose of determining whether or not a deteriorated paint violation is interior or exterior as it relates to windows, in addition to that portion of the window component that faces the interior, all exterior-facing portions of the window component, with the exception of the exterior frame or trim, are considered to be interior. WET SANDING or WET SCRAPING A process of removing loose paint in which the painted surface to be sanded or scraped is kept wet to minimize the dispersal of paint chips and airborne dust. WINDOW TROUGH The area between the interior window sill (stool) and the storm window frame. 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. WIPE SAMPLE A sample collected by wiping a representative surface of known area, as determined by § 90-57 , with an acceptable wipe material as defined in ASTM E 1792, "Standard Specification for Wipe Sampling Materials for Lead in Surface Dust." WORKSITE An interior or exterior area where lead-based paint hazard reduction activity takes place. There may be more than one worksite in a dwelling unit or at a residential property.