Title 23
Health and Safety

Chapter 24.6
Lead Poisoning Prevention Act

§ 23-24.6-4. Definitions.

For the purposes of this chapter:

(1) “Apprenticeable” means any nationally-recognized occupation that has a preexisting registered apprenticeship program approved pursuant to 29 C.F.R. Part 29 and Part 30.

(2) “Approved apprenticeship program” or “apprenticeship program” means an apprenticeship program that has been approved by the U.S. Department of Labor, or by a recognized state apprenticeship agency, pursuant to 29 C.F.R. Parts 29 and 30; however, such programs shall not include those that have obtained only provisional approval status. The required apprenticeship programs may either be programs that have specifically allocated funding and are subject to the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. (“ERISA”), or non-ERISA programs financed by general funds of employers.

(3) “Childhood lead poisoning” means a confirmed venous blood lead level, measured in micrograms of lead per deciliter of whole blood, established by rule by the Rhode Island department of health based on the best available information about the effects of elevated blood lead levels.

(4) “Comprehensive environmental lead inspection” means the inspection of any structure or premises for the presence of lead in various media and includes sampling as may be necessary or expedient in order to determine compliance in the structure or premises with standards for being lead safe or lead free.

(5) “Department” means the state department of health.

(6) “Director” means the director of health.

(7) “Dwelling” means any enclosed space that is wholly or partly used or intended to be used for living or sleeping by human occupants.

(8) “Dwelling unit” means any room or group of rooms located within a dwelling and forming a single habitable unit with facilities that are used or intended to be used for living, sleeping, cooking, and eating.

(9) “Environment intervention blood lead level” means a confirmed concentration, in a person under six (6) years of age, of lead in whole blood of greater than or equal to twenty (20) micrograms per deciliter for a single test or for fifteen (15) to nineteen (19) micrograms per deciliter for two (2) tests taken at least three (3) months apart or as defined by the department consistent with regulations adopted by the U.S. Department of Housing and Urban Development.

(10) “Environmental lead hazard reduction” means activities undertaken by or on behalf of a property owner in order to achieve lead free or lead safe status pursuant to the requirements of this chapter.

(11) “Full lead service line replacement” means the replacement of a lead service line that results in the entire length, including lead goosenecks or other lead connectors, of the service line.

(12) “Galvanized requiring replacement” means where a galvanized service line is or was at any time downstream of a lead service line or is currently downstream of a service line.

(13) “Galvanized service line” means iron or steel piping that has been dipped in zinc to prevent corrosion or rusting.

(14) “IIJA” means the federal Infrastructure Investment and Jobs Act, Pub. L. No. 117-58 (2021) relating to drinking water found at Division E, Title I.

(15) “Inspection” means the inspection, other than a comprehensive environmental lead inspection, of any structure or premises undertaken to determine compliance with the requirements of this chapter or with orders issued pursuant to this chapter.

(16) “Insurer” means every medical service corporation, hospital service corporation, health maintenance organization, or other insurance company offering and/or insuring health services; the term includes any entity defined as an insurer under § 42-62-4.

(17) “Lead contractor” means any person or entity engaged in lead hazard reduction as a business and includes consultants who design, perform, oversee, or evaluate lead hazard reduction projects undertaken pursuant to the requirements of this chapter.

(18) “Lead exposure hazard” means a condition that presents a clear and significant health risk to occupants of the dwelling, dwelling unit, or premises, particularly where there are children under the age of six (6) years.

(19) “Lead free” means that a dwelling, dwelling unit, or premises either contains no lead or contains lead in amounts less than the maximum acceptable environmental lead levels established by department of health regulations.

(20) “Lead hazard reduction” means any action or actions designed to reduce exposure to toxic levels of lead that impose an unacceptable risk of exposure in any dwelling or dwelling unit, where a child under the age of six (6) years, with environmental intervention blood lead level or greater resides, or on any premises and may include, but is not limited to: repair, enclosure, encapsulation, or removal of lead based paint and/or lead contaminated dust, soil, or drinking water; relocation of occupants; and cleanup measures or ongoing maintenance measures, which may include activities and/or measures that do not present an undue risk to children under age six (6) and can be performed by, or on behalf of, the property owner, without the person performing such activities being licensed or certified.

(21) “Lead safe” means that a dwelling, dwelling unit, or premises has undergone sufficient lead hazard reduction to ensure that no significant environmental lead hazard is present and includes but is not limited to covering and encapsulation.

(22) “Lead service lines” means any part of a public or private service line that is made of, lined with, or contains, materials consisting of lead. Service lines with galvanized steel or iron shall be considered lead service lines.

(23) “Lead status unknown” means where the service line material is not known to be lead, galvanized steel or iron requiring replacement, or a non-lead service line, such as where there is no documented evidence supporting material classification, and otherwise where a non-lead determination cannot be made. Lines that are lead status unknown will be considered lead service lines.

(24) “Non-lead” means where the service line is determined through an evidence-based record, method, or technique not to be lead or galvanized steel or iron requiring replacement.

(25) “Occupant” means any person who legally resides in, or regularly uses, a dwelling, dwelling unit, or structure; provided, however, that a guest of any age shall not be considered an occupant for the purposes of this chapter.

(26) “Owner” means any person who, alone or jointly or severally with others:

(i) Shall have legal title to any dwelling or dwelling unit with or without accompanying actual possession of it, or

(ii) Shall have charge, care, or control of any dwelling or dwelling unit as owner or agent of the owner, or an executor, administrator, trustee, or guardian of the estate of the owner. Any person representing the actual owner shall be bound to comply with the provisions of this chapter and with rules and regulations adopted pursuant to this chapter to the same extent as if that person were the owner. An agent of the owner excludes real estate and property management functions where the agent is only responsible for the property management and does not have authority to fund capital and/or major property rehabilitation on behalf of the owner.

(iii) For purposes of publicly owned property only, the owner shall be defined to be the chief executive officer of the municipal or state agency that owns, leases, or controls the use of the property.

(27) “Person” means any individual, firm, corporation, association, or partnership and includes municipal and state agencies.

(28) “Premises” means a platted lot or part thereof or unplatted lot or parcel of land, or plot of land, occupied by a dwelling or structure and includes any building, accessory structure, or other structure thereon that is or will be frequently used by children under the age of six (6) years.

(29) “Private service line” or “private side” means the portion of the service line including appurtenances and connections thereto that runs from the curb shutoff valve into the residential property or building.

(30) “Program” means the comprehensive environmental lead program established by this chapter.

(31) “Public service line” or “public side” means the portion of the service line including appurtenances and connections thereto that runs from the water main in the street to the curb shutoff valve.

(32) “State inspector” means the director, the director’s designee, or any inspector employed by the department of health who is authorized by the director to conduct comprehensive environmental lead inspections and/or other inspections for the department.

(33) “Transient non-community water system” means a non-community water system that does not regularly serve at least twenty-five (25) individuals over six (6) months per year.

(34) “Water supplier” means any supplier of water that operates a public water supply system, as defined in § 46-13-2.