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Section 333.5459

PUBLIC HEALTH CODE (EXCERPT)
Act 368 of 1978


333.5459 Definitions; M to S.

Sec. 5459.

  (1) "Multifamily dwelling" means a structure that contains more than 1 separate residential dwelling unit and that 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.
  (2) "Paint in poor condition" means 1 or more of the following:
  (a) More than 10 square feet of deteriorated paint on an exterior component with a large surface area.
  (b) More than 2 square feet of deteriorated paint on an interior component with large surface areas.
  (c) More than 10% of the total surface area of the component is deteriorated on an interior or exterior component with a small surface area.
  (3) "Permanently covered soil" means soil that has been separated from human contact by the placement of a barrier consisting of solid, relatively impermeable materials including, but not limited to, pavement or concrete but not including grass, mulch, or other landscaping materials.
  (4) "Person" means that term as defined in section 1106 but including the state and a political subdivision of the state.
  (5) "Principal instructor" means the individual who has the primary responsibility for organizing and teaching a particular course in an accredited training program.
  (6) "Recognized laboratory" means an environmental laboratory recognized by the EPA pursuant to section 405 of title IV of the toxic substances control act, Public Law 94-469, 15 U.S.C. 2685, as being capable of performing an analysis for lead compounds in paint, soil, and dust.
  (7) "Reduction" means a measure designed to reduce or eliminate human exposure to a lead-based paint hazard through methods including, but not limited to, interim controls and abatement.
  (8) "Residential dwelling" means either of the following:
  (a) A detached single family dwelling unit, including, but not limited to, attached structures such as porches and stoops and accessory structures such as garages, fences, and nonagricultural or noncommercial outbuildings.
  (b) A building structure that contains more than 1 separate residential dwelling unit that is used or occupied, in whole or in part, as the home or residence of 1 or more persons.
  (9) "Risk assessment" means both of the following:
  (a) An on-site investigation in target housing or a child occupied facility to determine the existence, nature, severity, and location of a lead-based paint hazard.
  (b) The provision of a report by the person conducting the risk assessment explaining the results of the investigation and options for reducing the lead-based paint hazard.
  (10) "Soil lead hazard" means bare soil on a residential dwelling or on the property of a child occupied facility that contains lead at or in excess of levels identified by the EPA pursuant to section 403 of title IV of the toxic substances control act, Public Law 94-469, 15 U.S.C. 2683, or as otherwise defined by rule.


History: Add. 1998, Act 219, Imd. Eff. July 1, 1998 ;-- Am. 2002, Act 644, Imd. Eff. Dec. 23, 2002
Popular Name: Act 368




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