§ 1370. Definitions. When used in this title, the following words and\nphrases shall have the following meanings, unless the context clearly\nrequires otherwise:\n 1. "Dwelling" means a building or structure or portion thereof,\nincluding the property occupied by and appurtenant to such dwelling,\nwhich is occupied in whole or in part as the home, residence or sleeping\nplace of one or more human beings and shall, without limiting the\nforegoing, include child care facilities for children under six years of\nage, kindergartens and nursery schools.\n 2. "Area of high risk" means an area designated as such by the\ncommissioner or his representative and consisting of one or more\ndwellings in which a condition conducive to lead poisoning of children\nis present.\n 3. "A condition conducive to lead poisoning" means: (i) paint or other\nsimilar surface-coating material containing lead in a condition\naccessible for ingestion or inhalation or where peeling or chipping of\nthe paint or other similar surface-coating material occurs or is likely\nto occur; and (ii) other environmental conditions which may result in\nsignificant lead exposure.\n 4. "Program" means the lead poisoning prevention program in the\ndepartment established pursuant to section thirteen hundred seventy-a of\nthis title.\n 5. "Council" means the advisory council on lead poisoning prevention\nestablished pursuant to section thirteen hundred seventy-b of this\ntitle.\n 6. "Elevated lead levels" means a blood lead level greater than or\nequal to five micrograms of lead per deciliter of whole blood or such\nlower blood lead level as may be established by the department pursuant\nto rule or regulation.\n 7. "Person" means any natural person.\n * 8. "Owner" means and includes the owner or owners of the freehold of\nthe premises or lesser estate therein, a mortgagee or vendee in\npossession, assignee of rents, receiver, executor, trustee, lessee,\nagent, or any other person, firm or corporation, directly or indirectly\nin control of a dwelling.\n * NB Repealed November 3, 2028\n
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