Okla. Stat. tit. 27A, § 27A-2-12-102

For the purposes of the Oklahoma Lead-based Paint Management

Act:

1. "Abatement" means any set of measures designed to

permanently eliminate lead-based paint hazards in accordance with

standards established by the Board. The term abatement includes but

is not limited to:

a. the removal of lead-based paint and lead-contaminated

dust, the permanent containment or encapsulation of

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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. "Board" means the Environmental Quality Board;

3. "Certified lead-based paint contractor" means any individual

who is certified by the Department as a lead-based paint reduction

contractor, inspector or hazard evaluator or a combination thereof;

4. "Certified lead-based paint specialist" means a lead-based

paint specialist certified by the Department;

5. "Child-occupied facility" means a building or portion of a

building constructed prior to 1978, which is visited by a child six

(6) years of age or younger for at least three (3) hours in one day

on two (2) or more days in the same week, when the combined visiting

time for that child totals six (6) hours or more in one week and at

least sixty (60) hours in one year. The designated weekly period

for this calculation begins on Sunday and ends on Saturday. The

term "child-occupied facility" may include, but is not limited to,

day-care centers, preschools and kindergarten classrooms;

6. "Deleading" means activities conducted by a lead-based paint

contractor or specialist who offers to eliminate lead-based paint or

lead-based paint hazards or to plan such activities;

7. "Department" means the Department of Environmental Quality;

8. "Executive Director" means the Executive Director of the

Department of Environmental Quality;

9. "Federally assisted housing" means residential dwellings

receiving project-based assistance pursuant to programs including,

but not limited to:

a. Section 221(d)(3) or 236 of the National Housing Act,

b. Section 1 of the Housing and Urban Development Act of

1965,

c. Section 8 of the United States Housing Act of 1937, or

d. Sections 502(a), 504, 514, 515, 516 and 533 of the

Housing Act of 1949;

10. "Federally owned housing" means residential dwellings owned

or managed by the federal agency, or for which a federal agency is a

trustee or conservator. The term federal agency includes the

federal 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 federal Department of Veterans

Affairs, the Department of the Interior, the federal Department of

Transportation, and any other federal agency;

11. "Hazard evaluation" means an on-site investigation process

established by the rules of the Board to determine and report the

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existence, nature, severity, and location of lead-based paint

hazards in residential dwellings. For purposes of this act, the

term hazard evaluation shall be synonymous with the term risk

assessment as used in Title X of the Residential Lead-based Paint

Hazard Reduction Act of 1992, 42 U.S.C. 4851 et seq., Public Law No.

102-550;

12. "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;
No.

102-550;

12. "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;

13. "Lead-based paint" means paint or other surface coatings

that contain lead in excess of 1.0 milligrams per centimeter squared

or 0.5 percent by weight or:

a. in the case of paint or other surface coatings in

target housing, such lower level as may be established

by the United States Secretary of Housing and Urban

Development, as defined in Section 302(c) of the

federal Lead-based Paint Poisoning Prevention Act, or

b. in the case of any other paint or surface coatings,

such other level as may be established by the Board;

14. "Lead-based paint activities" means:

a. in the case of public property and private property,

hazard evaluation assessment, inspection, deleading

and abatement of lead sources or lead-based paint,

lead-based paint hazards, lead-contaminated dust, or

lead-contaminated soil, and demolition, and

b. in the case of any public building constructed before

1978, commercial building, bridge, or other structure

or superstructure, identification of lead-based paint

and materials containing lead-based paint, deleading,

removal of lead from bridges and demolition;

15. "Lead-based paint contractor" means any individual or firm

who performs or supervises or offers to perform or to supervise

lead-based paint inspections, hazard evaluations, project designs,

abatements or reduction;

16. "Lead-based paint reduction contractor" means any

individual who performs or supervises lead-based paint services,

including but not limited to hazard reduction, abatement, or

deleading;

17. "Lead-based paint hazard" means any condition that causes

exposure to lead from lead-contaminated dust, lead-contaminated soil

or 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

Board;

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18. "Lead-based paint hazard evaluator" means an individual

certified by the Department to perform lead-based paint hazard

evaluations;

19. "Lead-based paint inspector" means an individual certified

by the Department to perform a surface-by-surface investigation to

determine the presence of lead-based paint and provide a report

explaining the results of the investigation;

20. "Lead-based paint services" means any lead-based paint

hazard evaluation, detection, reduction, renovation, remodeling,

abatement, on-site testing, or any other lead-based paint activities

which may create a lead-based paint hazard;

21. "Lead-based paint specialist" means any worker or other

person directly and substantially involved in the performance of

lead-based paint services and who has satisfactorily completed the

required level of lead-based paint training from accredited training

providers and programs, or in the case of out-of-state providers and

programs, from Department-recognized and approved providers and

programs. For the purposes of this article, the term lead-based

paint specialist shall be synonymous with the term abatement worker

or worker as used in Title X of the Residential Lead-based Paint

Hazards Reduction Act of 1992, 42 U.S.C., Section 4851 et seq.,

Public Law No. 102-550;

22. "Lead-contaminated dust" means surface dust in residential

or commercial dwellings that contains an area or mass concentration

of lead in excess of levels determined by the Board to pose a threat

of adverse human health effects;

23. "Lead-contaminated soil" means bare soil on residential or
sed Paint

Hazards Reduction Act of 1992, 42 U.S.C., Section 4851 et seq.,

Public Law No. 102-550;

22. "Lead-contaminated dust" means surface dust in residential

or commercial dwellings that contains an area or mass concentration

of lead in excess of levels determined by the Board to pose a threat

of adverse human health effects;

23. "Lead-contaminated soil" means bare soil on residential or

commercial real property that contains lead at or in excess of the

levels determined to be hazardous to human health by the Board;

24. "Lead-hazard detection" means the identification of lead-

based paint hazards;

25. "Reduction" or "lead-hazard reduction" means measures

designed to reduce or eliminate human exposure to lead-based paint

hazards through methods including interim controls and abatement;

26. "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 one 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 one or more persons;

and

27. "Target housing" means any housing constructed prior to

1978. In the case of jurisdictions which banned the sale or use of

lead-based paint prior to 1978, the United States Secretary of

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Housing and Urban Development, at the Secretary's discretion, may

designate an earlier date.