W. Va. Code § 16-35 § 16-35-3

Definitions.

In Force
Verified 10/26/2026 · Next check 10/27/2026
West VirginiaLead-Based Paint

Operative Text

W. Va. Code § 16-35 § 16-35-3
(a) "Abatement" means any measure or set of measures designed to permanently eliminate lead-based paint hazards. Abatement includes, but is not limited to:
(1) The removal of lead-based paint and lead-contaminated dust, the permanent enclosure or encapsulation of lead-based paint, the replacement of lead-painted surfaces or fixtures, and the removal or covering of lead-contaminated soil;
(2) All preparation, cleanup, disposal, and post-abatement clearance testing activities associated with such measures;
(3) Projects for which there is a written contract to permanently eliminate lead-based paint hazards from a dwelling unit or child-occupied building;
(4) Projects involving the permanent elimination of lead-based paint or lead-contaminated soil; and
(5) Projects involving the permanent elimination of lead-based paint hazards that are conducted in response to federal, state or local abatement orders.
(b) "Child lead poisoning" means that the amount of lead circulating in the blood stream of children is at or exceeds the level defined by the United States center for disease control.
(c) "Child-occupied building" means any of the following structures built before one thousand nine hundred seventy-eight: Public or private buildings, or portions thereof, or a room in a residential dwelling or unit, any of which structures are currently visited, or intended to be visited, three hours a day twice a week or more often by a child age six or under, including, but not limited to, day care centers, kindergarten classrooms, schools, camps and recreational facilities.
(d) "Contained work area" means a designated room or rooms, spaces, or other areas, including a decontamination structure, where lead abatement activities are performed, separated from the uncontaminated environment in accordance with OSHA standards.
(e) "Commissioner" means the Commissioner of the West Virginia Bureau for Public Health or his or her representative.
(f) "Discipline" means any one of the following: Lead abatement contractor, lead abatement supervisor, lead inspector, lead risk assessor, lead abatement worker, or lead abatement project designer.
(g) "Elevated blood-lead level" means a concentration of lead in the blood stream as defined by the United States Center for Disease Control.
(h) "Industrial facility" means any factory, mill, plant, refinery, warehouse, building or complex of buildings or other industrial structures including the land on which it is located.
(i) "Inspection" means a surface-by-surface investigation to determine the presence of lead-based paint or lead hazards and the provision of a report explaining the results of the investigation.
(j) "Interim controls" means a set of measures designed to temporarily reduce 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.
(k) "Lead" means elemental lead and all inorganic and organic lead compounds.
(l) "Lead abatement contractor" means any person who contracts to conduct any lead abatement activity.
(m) "Lead abatement designer" means an individual who designs lead abatement projects and occupant protection plans.
(n) "Lead abatement project" means an activity in target housing or child-occupied buildings intended to permanently remove or encapsulate lead-based paint, lead-containing dust, lead-containing soil or other lead-containing materials and decontamination of an area, but does not include interim controls which do not permanently eliminate lead hazards.
(o) "Lead abatement worker" means an individual who is employed by a lead abatement contractor for a lead abatement project.
(p) "Lead-based paint" means paint or other surface coatings that contains lead at a level defined by the commissioner by legislative rule as provided in section four of this article.
(q) "Lead hazard" means any condition that may result in exposure to lead including, but not limited to, lead-contaminated dust, lead-contaminated soil, or lead-based paint present on accessible surfaces, friction surfaces, impact surfaces or other lead sources that could result in adverse effects on human health.
(r) "Lead inspector" means an individual who conducts inspections to determine and report the existence, nature, severity and location of lead-based paint or lead hazards.
(s) "Lead risk assessment" means an investigation of the potential risk to human health or the environment posed by lead abatement projects or lead hazards, including, but not limited to, considerations of toxicity, concentration, form, mobility and potential of exposure.
(t) "Lead risk assessor" means an individual who is responsible for or conducts lead risk assessments and establishes priorities for a lead abatement project.
(u) "Lead supervisor" means a person employed by a lead abatement contractor to supervise workers on a lead abatement project, to develop occupant protection plans and to develop abatement reports.
(v) "OSHA" means the United States Occupational Safety and Health Administration.
(w) "Owner-occupied housing" means a detached single unit residence owned by the individual living within the unit.
(x) "Person" means any individual, partnership, firm, society, association, trust, corporation, other business entity or any agency, unit, or instrumentality of federal, state or local government.
(y) "Target housing" means residential structures built prior to one thousand nine hundred seventy-eight or residential structures that are confirmed by inspection to contain lead-based paint.
Source: Legislative text reproduced verbatim
Plain English

Section 16-35-3 of the West Virginia Code, Chapter 16, Article 35, establishes the foundational vocabulary used throughout West Virginia's lead abatement law for pre-1978 rental housing. It defines key terms such as "abatement" (permanent elimination of lead-based paint hazards), "interim controls" (temporary exposure-reduction measures), "target housing" (pre-1978 residential structures or those confirmed to contain lead-based paint), and "child-occupied building" (pre-1978 structures regularly visited by children age six or under). These definitions set the boundaries for what activities, properties, and individuals fall under the law's requirements and protections. Understanding these terms is essential for interpreting any obligation or right established elsewhere in Article 35.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 26, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers of pre-1978 rental housing should familiarize themselves with the definitions in § 16-35-3, because these terms directly shape which properties, activities, and personnel are covered by West Virginia's lead abatement requirements. For example, the distinction between "abatement" and "interim controls" determines whether a project must be performed by a licensed lead abatement contractor or may be handled through temporary measures. Operators of properties that qualify as "target housing" or "child-occupied buildings" under § 16-35-3 generally ensure that any work intended to permanently eliminate lead hazards meets the full abatement standards defined in the article.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Tenants living in housing built before 1978 benefit from knowing the definitions established in § 16-35-3, because these terms determine whether their home qualifies as "target housing" and whether any lead-related work performed there constitutes legally recognized "abatement" or merely temporary "interim controls." If a tenant believes lead hazards exist in their unit, understanding these definitions can help them evaluate whether a landlord's response addresses the hazard permanently or only temporarily. Tenants may explore options such as contacting the West Virginia Bureau for Public Health, raising concerns with a local housing authority, or consulting a tenant-rights organization familiar with Article 35 obligations.

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 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

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References Out

Rules and statutes cited by this regulation

References In

Rules and statutes that cite this regulation

W. Va. Code § 16-35-4

Related Rules

§ 127H
Repealed, 1992, 407, Sec. 9
§ 127M
Repealed, 1975, 615
§ 190
Program for the prevention, screening, diagnosis and treatment of lead poisoning; lead poisoning control director; advisory committee

Source Information

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