42 USC 4851b - Definitions

U.S Code last checked for updates: May 02, 2024

§ 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

(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

(5)

Deteriorated paint

(6)

Evaluation

(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

(9)

Federally supported work

(10)

Friction surface

(11)

Impact surface

(12)

Inspection

(13)

Interim controls

(14)

Lead-based paint

(15)

Lead-based paint hazard

(16)

Lead-contaminated dust

(17)

Lead-contaminated soil

(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

(20)

Priority housing

(21)

Public housing

(22)

Reduction

(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

(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

(27)

Target housing

(Pub. L. 102–550, title X, § 1004, Oct. 28, 1992, 106 Stat. 3898; Pub. L. 115–31, div. K, title II, § 237(b), May 5, 2017, 131 Stat. 789.)

cite as: 42 USC 4851b