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This entry was published on 2023-06-23
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Public Health (PBH) CHAPTER 45, ARTICLE 13, TITLE 10
§ 1370. Definitions. When used in this title, the following words and
phrases shall have the following meanings, unless the context clearly
requires otherwise:

1. "Dwelling" means a building or structure or portion thereof,
including the property occupied by and appurtenant to such dwelling,
which is occupied in whole or in part as the home, residence or sleeping
place of one or more human beings and shall, without limiting the
foregoing, include child care facilities for children under six years of
age, kindergartens and nursery schools.

2. "Area of high risk" means an area designated as such by the
commissioner or his representative and consisting of one or more
dwellings in which a condition conducive to lead poisoning of children
is present.

3. "A condition conducive to lead poisoning" means: (i) paint or other
similar surface-coating material containing lead in a condition
accessible for ingestion or inhalation or where peeling or chipping of
the paint or other similar surface-coating material occurs or is likely
to occur; and (ii) other environmental conditions which may result in
significant lead exposure.

4. "Program" means the lead poisoning prevention program in the
department established pursuant to section thirteen hundred seventy-a of
this title.

5. "Council" means the advisory council on lead poisoning prevention
established pursuant to section thirteen hundred seventy-b of this

6. "Elevated lead levels" means a blood lead level greater than or
equal to five micrograms of lead per deciliter of whole blood or such
lower blood lead level as may be established by the department pursuant
to rule or regulation.

7. "Person" means any natural person.

* 8. "Owner" means and includes the owner or owners of the freehold of
the premises or lesser estate therein, a mortgagee or vendee in
possession, assignee of rents, receiver, executor, trustee, lessee,
agent, or any other person, firm or corporation, directly or indirectly
in control of a dwelling.

* NB Effective November 3, 2025

* NB Repealed November 3, 2028