S.C. Code Ann. § 44-53-1320
Definitions
Operative Text
As used in this article, unless the context requires otherwise: (1) "Accessible surface" means any protruding interior or exterior surface that a child can mouth or chew including, but not limited to, an interior windowsill. (2) "Child" or "children" means a person under six years of age. (3) "Childcare facility" means a structure or portion of a structure in which children are present on a regular basis, including a structure used as a school, nursery, childcare facility, or other facility catering to the needs of children, including an outbuilding, fencing, or other structure used in conjunction with the structure. (4) "Department" means the Department of Health and Environmental Control. (5) "Dwelling" means a structure, all or part of which is designed or used for human habitation, including a primary residence, secondary residence, outbuilding, fencing, or other structure used in conjunction with the structure. (6) "Dwelling unit" means a room, group of rooms, or other areas of a dwelling. (7) "Friction surface" means an interior or exterior surface subject to abrasion or friction including, but not limited to, a window or stair tread. (8) "Householder" means the occupant of a dwelling or dwelling unit or the occupant's agent, the owner of an unoccupied dwelling unit or the owner's agent, or the owner or occupant of a childcare facility or the owner's or occupant's agent. (9) "Impact surface" means an interior or exterior surface subject to damage by repeated impact on contact including, but not limited to, doors and door jambs. (10) "Lead-based hazard" means a condition that causes exposure to lead from lead-contaminated paint, lead-contaminated dust, bare lead-contaminated soil, or other lead-based substance that is deteriorated in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects. (11) "Lead-base substance" means paint, lacquer, glaze, or other material containing more than six hundredths of one percent (0.06 percent) lead by weight, or seven-tenths or more milligrams per square centimeter (0.7 mg/cm2) of lead in the dried paint film applied. Standards for lead-contaminated dust and lead-contaminated soil must be the same as those established by the United States Environmental Protection Agency. (12) "Person" means an individual, firm, corporation, association, trust, or partnership. (13) "Lead poisoning" means a blood lead level at an elevation hazardous to health as established by the Department of Health and Environmental Control.
Section 44-53-1320 of the South Carolina Code establishes the foundational vocabulary for the state's lead-based paint hazard article. It defines key terms—such as 'dwelling,' 'lead-based hazard,' 'accessible surface,' and 'lead poisoning'—that govern how the rest of the article is interpreted and applied. For example, a 'child' is specifically defined as a person under six years of age, and a 'lead-base substance' is defined by precise chemical thresholds tied to EPA standards. These definitions set the scope of who and what is covered under South Carolina's lead hazard framework.
Plain English — not legal advice.
Property owners and managers should familiarize themselves with the definitions in S.C. Code Ann. § 44-53-1320, as these terms directly shape compliance obligations throughout the lead hazard article. The broad definition of 'dwelling' includes not just primary residences but also outbuildings and fencing, meaning lead hazard rules may apply to more structures on a property than owners might initially assume. Operators of childcare facilities are also covered under this definitional framework, and the term 'householder' extends to agents acting on behalf of owners or occupants, which can affect who bears responsibility for compliance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in dwellings as defined under S.C. Code Ann. § 44-53-1320 are part of the population this article is designed to protect, particularly households with children under six years of age. Understanding these definitions can help tenants recognize when conditions in their home—such as deteriorating paint on windowsills, doors, or stairs—may qualify as a 'lead-based hazard' under South Carolina law. Tenants who believe a lead hazard exists in their dwelling may consider contacting the South Carolina Department of Health and Environmental Control or reaching out to a local tenant-rights organization to learn about available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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