ffers for sale, or manufactures any architectural coating for use
within the State of Maine and to any person who applies or solicits the application
of any architectural coating within the State of Maine.
B. This regulation does not apply to:
(1) Any architectural coating that is sold or manufactured for use outside
the State of Maine or for shipment to other manufacturers for
reformulation or repackaging.
(2) Any aerosol coating product.
(3) Any architectural coating that is sold in a container with a volume of
one liter (1.057 quart) or less.
2.
Definitions
A. Adhesive. Adhesive means any chemical substance that is applied for the
purpose of bonding two surfaces together other than by mechanical means.
B. Aerosol coating product. Aerosol coating product means a pressurized
coating product containing pigments or resins that dispenses product ingredients
by means of a propellant, and is packaged in a disposable can for hand-held
application, or for use in specialized equipment for ground traffic/marking
applications.
C. Antenna coating. Antenna coating means a coating labeled and formulated
exclusively for application to equipment and associated structural appurtenances
that are used to receive or transmit electromagnetic signals. 2
D. Antifouling coating. Antifouling coating means a coating labeled and
formulated for application to submerged stationary structures and their
appurtenances to prevent or reduce the attachment of marine or freshwater
biological organisms. To qualify as an antifouling coating, the coating must be
registered with both the EPA under the Federal Insecticide, Fungicide and
Rodenticide Act (7 U.S.C. section 136 et seq.) and with the State of Maine Board
of Pesticides Control according to 7 MRSA §607.
E. Appurtenance. Appurtenance means any accessory to a stationary structure
coated at the site of installation, whether installed or detached, including but not
limited to: bathroom and kitchen fixtures; cabinets; concrete forms; doors;
elevators; fences; hand railings; heating equipment, air conditioning equipment,
and other fixed mechanical equipment or stationary tools; lampposts; partitions;
pipes and piping systems; rain gutters and downspouts; stairways; fixed ladders;
catwalks; fire escapes; and window screens.
F. Architectural coating. Architectural coating means a coating to be applied
to stationary structures and their appurtenances at the site of installation, to
portable buildings at the site of installation, to pavements, or to curbs. Coatings
applied in shop applications or to non-stationary structures such as airplanes,
ships, boats, railcars, and automobiles, and adhesives are not considered
architectural coatings for the purposes of this rule.
G. ASTM. ASTM means the American Society for Testing and Materials.
H. BAAQMD. BAAQMD means the Bay Area Air Quality Management
District, a part of the California Air Resources Board (CARB) which regulates air
quality in the State of California.
I. Bitumens. Bitumens means black or brown materials including, but not
limited to, asphalt, tar, pitch, and asphaltite that are soluble in carbon disulfide,
consist mainly of hydrocarbons, and are obtained from natural deposits or as
residues from the distillation of crude petroleum or coal.
J. Bituminous roof coating. Bituminous roof coating means a coating which
incorporates bitumens that is labeled and formulated exclusively for roofing.
K. Bituminous roof primer. Bituminous roof primer means a primer which
incorporates bitumens that is labeled and formulated exclusively for roofing.
L. Bond breaker. Bond breaker means a coating labeled and formulated for
application between layers of concrete to prevent a freshly poured top layer of
concrete from bonding to the layer over which it is poured. 3
M. Calcimine recoaters. Calcimine recoaters means flat solvent borne
coatings formulated and recommended specifically for recoating calcimine-
painted ceilings and other calcimine-painted substrates.
N. Clear brushing lacquers. Clear brushing lacquers means clear wood
finishes, excluding clear lacquer sanding sealers, formulated with nitrocellulose or
synthetic resins to dry by solvent evaporation without chemical reaction and to
provide a solid, protective film, which are intended exclusively for application by
brush and which are labeled as specified in section 4(E).
O. Clear wood coatings. Clear wood coatings means clear and semi-
transparent coatings, including lacquers and varnishes, applied to wood substrates,
to provide a transparent or translucent solid film.
P. Coating. Coating means a material applied onto or impregnated into a
substrate for protective, decorative, or functional purposes. Such materials
include, but are not limited to, paints, varnishes, sealers, and stains.
Q. Colorant. Colorant means a concentrated pigment dispersion in water,
solvent, and/or binder that is added to an architectural coating after packaging in
sale units to produce the desired color.
R. Concrete curing compound. Concrete curing compound means a coating
labeled and formulated for application to freshly poured concrete to retard the
evaporation of water.
S. Concrete surface retarders. Concrete surface retarders means a mixture of
retarding ingredients such as extender pigments, primary pigments, resin, and
solvent that interact chemically with the cement to prevent hardening on the
surface where the retarder is applied, allowing the retarded mix or cement and
sand at the surface to be washed away to create an exposed aggregate finish.
T. Conversion varnish. Conversion varnish means a clear acid curing coating
with an alkyd or other resin blended with amino resins and supplied as a single
component or two-compound product. Conversion varnishes produce a hard,
durable, clear finish designed for professional application to wood flooring. This
film formation is the result of an acid-catalyzed condensation reaction, affecting a
transetherification at the reactive ethers of the amino resins.
U. Dry fog coating. Dry fog coating means a coating labeled and formulated
only for spray application such that overspray droplets dry before subsequent
contact with incidental surfaces in the vicinity of the surface coating activity. 4
V. Exempt compound. Exempt compound means a compound as defined in
Chapter 100 of the Departments Regulations, as having negligible photochemical
reactivity.
W. Faux finishing coating. Faux finishing coating means a coating labeled
and formulated as a stain or a glaze to create artistic effects including, but not
limited to, dirt, old age, smoke damage, and simulated marble and wood grain.
X. Fire-resistive coating. Fire-resistive coating means an opaque coating
labeled and formulated to protect the structural integrity by increasing the fire
endurance of interior or exterior steel and other structural materials, that has been
fire tested and rated by a testing agency and approved by building code officials
for use in bringing assemblies of structural materials into compliance with federal,
state, and local building code requirements. The fire-resistive coating and the
testing agency must be approved by building code officials. The fire-resistive
coating shall be tested in accordance with ASTM Designation E 119-98,
incorporated by reference in section 6(E)(2).
Y. Fire-retardant coating. Fire-retardant coating means a coating labeled and
formulated to retard ignition and flame spread, that has been tested and rated by a
testing agency approved by building code officials for use in bringing building
and construction materials into compliance with federal, state, and local building
code requirements. The fire-retardant coating and the testing agency must be
approved by building code officials. The fire-retardant coating shall be tested in
accordance with ASTM Designation E 84-99, incorporated by reference in section
6(E)(1).
Z. Flat coating. Flat coating means a coating that is not defined under any
other definition in this rule and that registers gloss less than 15 on an 85-degree
meter or less than 5 on a 60-degree meter according to ASTM Designation D 523-
89 (1999), incorporated by reference in section 6(E)(3).
AA. Floor coating. Floor coating means an opaque coating that is labeled and
formulated for application to flooring, including, but not limited to, decks,
porches, steps, and other horizontal surfaces which may be subjected to foot
traffic.
BB. Flow coating. Flow coating means a coating labeled and formulated
exclusively for use to maintain the protective coating systems present on utility
transformer units.
CC. Form-release compound. Form-release compound means a coating
labeled and formulated for application to a concrete form to prevent the freshly 5
poured concrete from bonding to the form. The form may consist of wood, metal
or some material other than concrete.
DD. Graphic arts coating or sign paint. Graphic arts coating or sign paint
means a coating labeled and formulated for hand-application using brush or roller
techniques to indoor and outdoor signs (excluding structural components) and
murals including letter enamels, poster colors, copy blockers, and bulletin
enamels.
EE. High temperature coating. High temperature coating means a high
performance coating labeled and formulated for application to substrates exposed
continuously or intermittently to temperatures above 204
O
C (400
O
F).
FF. Impacted immersion coating. Impacted immersion coating means a high