HB 4864

HOUSE BILL NO. 4864
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 5456 (MCL 333.5456), as amended by
2002 PA 644.
the people of the state of michigan enact:
Sec. 5456. (1)
"Department" means the department of community health.
(1) (2) "Deteriorated
paint" means paint or other surface coating that is cracking, flaking,
chipping, peeling, or otherwise damaged or separating from the substrate of a
building component.
(2) (3) "Discipline"
means 1 of the specific types or categories of lead-based paint activities
identified in this part for which an individual may receive training from an
accredited training program and become certified by the department.
(3) (4) "Distinct
painting history" means the application history, as indicated by its
visual appearance or a record of application, over time of paint or other
surface coatings to a component or room.
(4) (5) "Documented
methodology" means a method or protocol used to do either or both of the
following:
(a) Sample and test
for the presence of lead in paint, dust, and soil.
(b) Perform related
work practices as described in rules promulgated under this part.
(5) (6) "Dust
lead hazard" means surface dust in a residential dwelling or child
occupied facility that contains a concentration of 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.
USC 2683, or as otherwise defined by
rule.
(6) (7) "Elevated
blood level" or "EBL" means for
purposes of lead abatement an excessive absorption of lead that is a confirmed
concentration of lead in whole blood of 20 ug/dl, micrograms of lead per
deciliter of whole blood, for a single venous test or of 15-19 ug/dl in 2
consecutive tests taken 3 to 4 months apart. For purposes of case management of
children 6 years of age or less, elevated blood level means an excessive
absorption of lead that is a confirmed concentration of lead in whole blood of
10 ug/dl.the lowest of the following:
(a) A concentration of lead in whole blood that is equal to or greater
than 3.5 micrograms per deciliter.
(b) A concentration of lead in whole blood that is equal to or greater
than the blood lead reference value for children, as determined by the Centers
for Disease Control and Prevention.
(7) (8) "Encapsulant"
means a substance that forms a barrier between lead-based paint and the
environment using a liquid-applied coating, with or without reinforcement
materials, or an adhesively bonded covering material.
(8) (9) "Encapsulation"
means the application of an encapsulant.
(9) (10) "Enclosure"
means the use of rigid, durable construction materials that are mechanically
fastened to the substrate in order to act as a barrier between lead-based paint
and the environment.
(10) (11) "EPA"
means the United States environmental protection
agency.Environmental Protection Agency.