Maine Revised Statutes > Title 38 > Chapter 12-B – Lead Abatement
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Terms Used In Maine Revised Statutes > Title 38 > Chapter 12-B - Lead Abatement
- Abatement: includes , but is not limited to:
A. See Maine Revised Statutes Title 38 Sec. 1291Accredited training program: means a training program that has been accredited by the State pursuant to rules adopted in accordance with this chapter. See Maine Revised Statutes Title 38 Sec. 1291 Adult: means an individual at least 18 years of age or an emancipated individual under 18 years of age. See Maine Revised Statutes Title 18-C Sec. 5-102 Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant. Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal. board: means the Maine Board of Tax Appeals as established in Title 5, section 12004?B, subsection 10. See Maine Revised Statutes Title 36 Sec. 111 Business entity: means a partnership, firm, association, corporation, sole proprietorship or other business concern. See Maine Revised Statutes Title 38 Sec. 1291 Certificate: means a document issued to an individual by the commissioner affirming that the individual has successfully completed the training and other requirements set forth in this chapter to qualify as a lead professional. See Maine Revised Statutes Title 38 Sec. 1291 Claim: includes a claim against an individual or conservatorship estate, whether arising in contract, tort or otherwise. See Maine Revised Statutes Title 18-C Sec. 5-102 Commercial building: means any building used primarily for commercial or industrial activity that is generally not open to the public or occupied or visited by children, including, but not limited to, warehouses, factories, storage facilities, aircraft hangars, garages and wholesale distribution facilities. See Maine Revised Statutes Title 38 Sec. 1291 Commissioner: means the Commissioner of Environmental Protection. See Maine Revised Statutes Title 38 Sec. 1291 Conservator: includes a coconservator. See Maine Revised Statutes Title 18-C Sec. 5-102 Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Current use program: means the:
A. See Maine Revised Statutes Title 36 Sec. 501Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Department: means the Department of Environmental Protection. See Maine Revised Statutes Title 38 Sec. 1291 Dependent: A person dependent for support upon another. Design consultant: means an individual engaged in preparing and supervising the implementation of plans for the removal or abatement of lead-based paint. See Maine Revised Statutes Title 38 Sec. 1291 Employee: means an individual who may be permitted, required or directed by an employer, in consideration of direct or indirect gain or profit, to engage in any employment. See Maine Revised Statutes Title 38 Sec. 1291 Forest land: means land used primarily for growth of trees to be harvested for commercial use, but does not include ledge, marsh, open swamp, bog, water and similar areas, which are unsuitable for growing a forest product or for harvesting for commercial use even though these areas may exist within forest lands. See Maine Revised Statutes Title 36 Sec. 573 Forest type: means a stand of trees characterized by the predominance of one or more groups of key species which make up 75% or more of the sawlog volume of sawlog stands, or cordwood in poletimber stands, or of the number of trees in seedling and sapling stands. See Maine Revised Statutes Title 36 Sec. 573 Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Guardian: includes a coguardian but does not include a guardian ad litem. See Maine Revised Statutes Title 18-C Sec. 5-102 in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72 In-house lead abatement unit: means the unit of a business or public entity that engages in or intends to engage in lead abatement activities or projects solely within the confines of property owned or leased by the entity and that employs one or more lead abatement supervisors for lead abatement activities. See Maine Revised Statutes Title 38 Sec. 1291 Individual subject to guardianship: means an adult or minor for whom a guardian has been appointed. See Maine Revised Statutes Title 18-C Sec. 5-102 Interim controls: means a set of measures designed to temporarily reduce human exposure or likely exposure to lead-based paint hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards and the establishment and operation of management and resident education programs. See Maine Revised Statutes Title 38 Sec. 1291 Lead abatement contractor: means a business entity that engages in or intends to engage in lead abatement activities as a business service and that employs or involves one or more project supervisors for lead abatement activities. See Maine Revised Statutes Title 38 Sec. 1291 Lead abatement professional: means an individual certified by the commissioner to engage in lead-based paint activities, including, but not limited to, a lead abatement worker, a lead abatement project supervisor, a lead inspector, a lead abatement design consultant and a lead risk assessor. See Maine Revised Statutes Title 38 Sec. 1291 Lead abatement worker: means an individual engaging in any lead abatement activity for any employer. See Maine Revised Statutes Title 38 Sec. 1291 Lead determination: means an inspection of a limited portion of a building for the purpose of identifying the presence of lead-based paint. See Maine Revised Statutes Title 38 Sec. 1291 Lead hazard: means any condition that may cause exposure to lead from lead-contaminated dust, lead-contaminated soil, lead-contaminated water or lead-based paint that is in poor condition. See Maine Revised Statutes Title 38 Sec. 1291 Lead inspection: means a surface-by-surface assessment to determine the presence of lead-based paint. See Maine Revised Statutes Title 38 Sec. 1291 Lead inspector: means an individual who conducts lead inspections and lead determinations. See Maine Revised Statutes Title 38 Sec. 1291 Lead-based paint: means paint or other surface coatings that contain lead equal to or in excess of 1. See Maine Revised Statutes Title 38 Sec. 1291 Lead-based paint activities: means inspection, risk assessment, lead abatement design, lead abatement and services related to lead-based paint such as lead screening, lead determination and deleading. See Maine Revised Statutes Title 38 Sec. 1291 Lead-poisoned: means having a confirmed elevated level of blood lead that is injurious, as defined in rules adopted by the Department of Health and Human Services. See Maine Revised Statutes Title 38 Sec. 1291 Letters of office: means judicial certification of guardianship or conservatorship. See Maine Revised Statutes Title 18-C Sec. 5-102 License: means a document issued by the commissioner to a business entity or public entity, including, but not limited to, a lead abatement contractor, an in-house lead abatement unit or a lead training provider, affirming that the entity has met the requirements set forth in this chapter to engage in lead-based paint activities. See Maine Revised Statutes Title 38 Sec. 1291 Minor: means an unemancipated individual who is under 18 years of age. See Maine Revised Statutes Title 18-C Sec. 5-102 Municipality: shall include cities, towns and plantations. See Maine Revised Statutes Title 36 Sec. 501 operator: means a person who owns, leases, operates, controls or supervises a lead abatement activity within a building, structure or facility. See Maine Revised Statutes Title 38 Sec. 1291 Parent: means a person who has established a parent-child relationship with the child under Title 19?A, chapter 61 and whose parental rights have not been terminated. See Maine Revised Statutes Title 18-C Sec. 5-102 Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. permanently: means for at least 20 years. See Maine Revised Statutes Title 38 Sec. 1291 Person: means any individual, business entity, governmental body or other public or private entity. See Maine Revised Statutes Title 38 Sec. 1291 Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality or other legal entity. See Maine Revised Statutes Title 18-C Sec. 5-102 Probate: Proving a will Project supervisor: includes , but is not limited to, an abatement project supervisor employed by a contractor or by an in-house lead abatement unit. See Maine Revised Statutes Title 38 Sec. 1291 Property: means anything that may be the subject of ownership and includes both real and personal property, tangible and intangible, or any interest therein. See Maine Revised Statutes Title 18-C Sec. 5-102 Property: shall be construed to mean both real estate and personal property. See Maine Revised Statutes Title 36 Sec. 501 Protective arrangement instead of conservatorship: means a court order entered under section 5?503. See Maine Revised Statutes Title 18-C Sec. 5-102 Protective arrangement instead of guardianship: means a court order entered under section 5?502. See Maine Revised Statutes Title 18-C Sec. 5-102 Protective arrangement instead of guardianship or conservatorship: means a court order entered under Part 5, including an order authorizing a single transaction or more than one related transaction. See Maine Revised Statutes Title 18-C Sec. 5-102 Public building: means any building constructed before 1978, except residences and child care facilities, that is generally open to the public or occupied or visited by children, including, but not limited to, schools, day care centers, museums, airport terminals, hospitals, stores, restaurants, office buildings, convention centers and government buildings. See Maine Revised Statutes Title 38 Sec. 1291 Public entity: means the State, any of its political subdivisions or any agency or instrumentality of either. See Maine Revised Statutes Title 38 Sec. 1291 Renovation and remodeling: means the replacement or reconstruction of any part of a residence in which the primary intent is to repair, restore or remodel a given structure, which may incidentally result in the reduction of lead-based paint hazards. See Maine Revised Statutes Title 38 Sec. 1291 Residential dwelling: means a room or group of rooms that form a single independent habitable unit for occupation by one or more individuals that has facilities with permanent provisions for living, sleeping, eating, cooking and sanitation, including common areas and appurtenant structures. See Maine Revised Statutes Title 38 Sec. 1291 Respondent: means an individual for whom appointment of a guardian or conservator or a protective arrangement instead of guardianship or conservatorship is sought. See Maine Revised Statutes Title 18-C Sec. 5-102 Risk assessment: means the on-site assessment to determine the existence, nature, severity and location of lead hazards and the provision of a written report explaining the results of the assessment and the options for reducing lead hazards. See Maine Revised Statutes Title 38 Sec. 1291 Risk assessor: means an individual who has been trained to conduct risk assessments as well as lead inspections. See Maine Revised Statutes Title 38 Sec. 1291 State: includes an Indian tribe or band recognized by federal law or formally acknowledged by a state. See Maine Revised Statutes Title 18-C Sec. 5-102 Superstructure: means a large steel or other industrial structure, including, but not limited to bridges or water towers. See Maine Revised Statutes Title 38 Sec. 1291 Tax collector: shall mean any person chosen, appointed or designated by a municipality or the officers thereof to collect any tax due a municipality; or his successor in office. See Maine Revised Statutes Title 36 Sec. 501 Training manager: means the individual responsible for administering a training program and monitoring the performance of principal instructors and guest instructors. See Maine Revised Statutes Title 38 Sec. 1291 Training provider: means a person providing training that is necessary to fulfill certification or licensing requirements under this chapter. See Maine Revised Statutes Title 38 Sec. 1291 United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72 Venue: The geographical location in which a case is tried.