{"data":{"id":"us-ok/okla.-stat.-tit.-27a-27a-2-12-102","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 27A, § 27A-2-12-102","heading":"Definitions","body":"For the purposes of the Oklahoma Lead-based Paint Management\n\nAct:\n\n1. \"Abatement\" means any set of measures designed to\n\npermanently eliminate lead-based paint hazards in accordance with\n\nstandards established by the Board. The term abatement includes but\n\nis not limited to:\n\na. the removal of lead-based paint and lead-contaminated\n\ndust, the permanent containment or encapsulation of\n\nlead-based paint, the replacement of lead-painted\n\nsurfaces or fixtures, and the removal or covering of\n\nlead-contaminated soil, and\n\nb. all preparation, cleanup, disposal and postabatement\n\nclearance testing activities associated with such\n\nmeasures;\n\n2. \"Board\" means the Environmental Quality Board;\n\n3. \"Certified lead-based paint contractor\" means any individual\n\nwho is certified by the Department as a lead-based paint reduction\n\ncontractor, inspector or hazard evaluator or a combination thereof;\n\n4. \"Certified lead-based paint specialist\" means a lead-based\n\npaint specialist certified by the Department;\n\n5. \"Child-occupied facility\" means a building or portion of a\n\nbuilding constructed prior to 1978, which is visited by a child six\n\n(6) years of age or younger for at least three (3) hours in one day\n\non two (2) or more days in the same week, when the combined visiting\n\ntime for that child totals six (6) hours or more in one week and at\n\nleast sixty (60) hours in one year. The designated weekly period\n\nfor this calculation begins on Sunday and ends on Saturday. The\n\nterm \"child-occupied facility\" may include, but is not limited to,\n\nday-care centers, preschools and kindergarten classrooms;\n\n6. \"Deleading\" means activities conducted by a lead-based paint\n\ncontractor or specialist who offers to eliminate lead-based paint or\n\nlead-based paint hazards or to plan such activities;\n\n7. \"Department\" means the Department of Environmental Quality;\n\n8. \"Executive Director\" means the Executive Director of the\n\nDepartment of Environmental Quality;\n\n9. \"Federally assisted housing\" means residential dwellings\n\nreceiving project-based assistance pursuant to programs including,\n\nbut not limited to:\n\na. Section 221(d)(3) or 236 of the National Housing Act,\n\nb. Section 1 of the Housing and Urban Development Act of\n\n1965,\n\nc. Section 8 of the United States Housing Act of 1937, or\n\nd. Sections 502(a), 504, 514, 515, 516 and 533 of the\n\nHousing Act of 1949;\n\n10. \"Federally owned housing\" means residential dwellings owned\n\nor managed by the federal agency, or for which a federal agency is a\n\ntrustee or conservator. The term federal agency includes the\n\nfederal Department of Housing and Urban Development, the Farmers\n\nHome Administration, the Resolution Trust Corporation, the Federal\n\nDeposit Insurance Corporation, the General Services Administration,\n\nthe Department of Defense, the federal Department of Veterans\n\nAffairs, the Department of the Interior, the federal Department of\n\nTransportation, and any other federal agency;\n\n11. \"Hazard evaluation\" means an on-site investigation process\n\nestablished by the rules of the Board to determine and report the\n\nexistence, nature, severity, and location of lead-based paint\n\nhazards in residential dwellings. For purposes of this act, the\n\nterm hazard evaluation shall be synonymous with the term risk\n\nassessment as used in Title X of the Residential Lead-based Paint\n\nHazard Reduction Act of 1992, 42 U.S.C. 4851 et seq., Public Law No.\n\n102-550;\n\n12. \"Interim controls\" means a set of measures designed to\n\ntemporarily reduce human exposure or likely exposure to lead-based\n\npaint hazards, including specialized cleaning, repairs, maintenance,\n\npainting, temporary containment, ongoing monitoring of lead-based\n\npaint hazards or potential hazards, and the establishment and\n\noperation of management and resident education programs;\nNo.\n\n102-550;\n\n12. \"Interim controls\" means a set of measures designed to\n\ntemporarily reduce human exposure or likely exposure to lead-based\n\npaint hazards, including specialized cleaning, repairs, maintenance,\n\npainting, temporary containment, ongoing monitoring of lead-based\n\npaint hazards or potential hazards, and the establishment and\n\noperation of management and resident education programs;\n\n13. \"Lead-based paint\" means paint or other surface coatings\n\nthat contain lead in excess of 1.0 milligrams per centimeter squared\n\nor 0.5 percent by weight or:\n\na. in the case of paint or other surface coatings in\n\ntarget housing, such lower level as may be established\n\nby the United States Secretary of Housing and Urban\n\nDevelopment, as defined in Section 302(c) of the\n\nfederal Lead-based Paint Poisoning Prevention Act, or\n\nb. in the case of any other paint or surface coatings,\n\nsuch other level as may be established by the Board;\n\n14. \"Lead-based paint activities\" means:\n\na. in the case of public property and private property,\n\nhazard evaluation assessment, inspection, deleading\n\nand abatement of lead sources or lead-based paint,\n\nlead-based paint hazards, lead-contaminated dust, or\n\nlead-contaminated soil, and demolition, and\n\nb. in the case of any public building constructed before\n\n1978, commercial building, bridge, or other structure\n\nor superstructure, identification of lead-based paint\n\nand materials containing lead-based paint, deleading,\n\nremoval of lead from bridges and demolition;\n\n15. \"Lead-based paint contractor\" means any individual or firm\n\nwho performs or supervises or offers to perform or to supervise\n\nlead-based paint inspections, hazard evaluations, project designs,\n\nabatements or reduction;\n\n16. \"Lead-based paint reduction contractor\" means any\n\nindividual who performs or supervises lead-based paint services,\n\nincluding but not limited to hazard reduction, abatement, or\n\ndeleading;\n\n17. \"Lead-based paint hazard\" means any condition that causes\n\nexposure to lead from lead-contaminated dust, lead-contaminated soil\n\nor lead-contaminated paint that is deteriorated or present in\n\naccessible surfaces, friction surfaces, or impact surfaces that\n\nwould result in adverse human health effects as established by the\n\nBoard;\n\n18. \"Lead-based paint hazard evaluator\" means an individual\n\ncertified by the Department to perform lead-based paint hazard\n\nevaluations;\n\n19. \"Lead-based paint inspector\" means an individual certified\n\nby the Department to perform a surface-by-surface investigation to\n\ndetermine the presence of lead-based paint and provide a report\n\nexplaining the results of the investigation;\n\n20. \"Lead-based paint services\" means any lead-based paint\n\nhazard evaluation, detection, reduction, renovation, remodeling,\n\nabatement, on-site testing, or any other lead-based paint activities\n\nwhich may create a lead-based paint hazard;\n\n21. \"Lead-based paint specialist\" means any worker or other\n\nperson directly and substantially involved in the performance of\n\nlead-based paint services and who has satisfactorily completed the\n\nrequired level of lead-based paint training from accredited training\n\nproviders and programs, or in the case of out-of-state providers and\n\nprograms, from Department-recognized and approved providers and\n\nprograms. For the purposes of this article, the term lead-based\n\npaint specialist shall be synonymous with the term abatement worker\n\nor worker as used in Title X of the Residential Lead-based Paint\n\nHazards Reduction Act of 1992, 42 U.S.C., Section 4851 et seq.,\n\nPublic Law No. 102-550;\n\n22. \"Lead-contaminated dust\" means surface dust in residential\n\nor commercial dwellings that contains an area or mass concentration\n\nof lead in excess of levels determined by the Board to pose a threat\n\nof adverse human health effects;\n\n23. \"Lead-contaminated soil\" means bare soil on residential or\nsed Paint\n\nHazards Reduction Act of 1992, 42 U.S.C., Section 4851 et seq.,\n\nPublic Law No. 102-550;\n\n22. \"Lead-contaminated dust\" means surface dust in residential\n\nor commercial dwellings that contains an area or mass concentration\n\nof lead in excess of levels determined by the Board to pose a threat\n\nof adverse human health effects;\n\n23. \"Lead-contaminated soil\" means bare soil on residential or\n\ncommercial real property that contains lead at or in excess of the\n\nlevels determined to be hazardous to human health by the Board;\n\n24. \"Lead-hazard detection\" means the identification of lead-\n\nbased paint hazards;\n\n25. \"Reduction\" or \"lead-hazard reduction\" means measures\n\ndesigned to reduce or eliminate human exposure to lead-based paint\n\nhazards through methods including interim controls and abatement;\n\n26. \"Residential dwelling\" means:\n\na. a single-family dwelling, including attached\n\nstructures such as porches and stoops, or\n\nb. a single-family dwelling unit in a structure that\n\ncontains more than one separate residential dwelling\n\nunit, and in which each such unit is used or occupied,\n\nor intended to be used or occupied, in whole or in\n\npart, as the home or residence of one or more persons;\n\nand\n\n27. \"Target housing\" means any housing constructed prior to\n\n1978. In the case of jurisdictions which banned the sale or use of\n\nlead-based paint prior to 1978, the United States Secretary of\n\nHousing and Urban Development, at the Secretary's discretion, may\n\ndesignate an earlier date.","path":["OK Code","Title 27A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os27A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"defe0fea33493a9223fdc3432ea806e19577dadb541e6e86a9e564126e0dc08c","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-27a-27a-2-12-101","next":"us-ok/okla.-stat.-tit.-27a-27a-2-12-201"},"notice":"GroundRules: Original legal text. Not legal advice."}