Chapter 3701-30 Lead Screening and Assessment

3701-30-01 Definitions.

(A) “Board of health” means the board of health of a city or general health district or the authority having the duties of a board of health under section 3709.05 of the Revised Code.

(B) “Certified nurse practitioner” means a registered nurse who holds a valid certificate of authority issued under Chapter 4723. of the Revised Code that authorizes the practice of nursing as a certified nurse practitioner.

(1) Is Medicaid eligible in accordance with Chapter 5111. of the Revised Code;

(2) Lives in a high risk zip code as designated by the Director;

(3) Lives in or regularly visits a residential unit, child day-care facility, or school built before 1950;

(4) Lives in or regularly visits a residential unit built before 1978 that has peeling, chipping, dusting, or chalking paint;

(5) Lives in or regularly visits a residential unit built before 1978 with recent ongoing or planned renovation/remodeling;

(6) Has a sibling or playmate that has or did have lead poisoning; or

(7) Frequently comes in contact with an adult who has a lead-related hobby, or occupation.

(D) “Child day-care facility” means each area of any of the following in which child day-care, as defined in section 5104.01 of the Revised Code, is provided to children under six years of age:

(1) A child day-care center, type A family day-care home, or type B family day-care home as defined in section 5104.01 of the Revised Code;

(2) A type C family day-care home authorized to provide child day-care by Sub. H.B. 62 of the 121st general assembly, as amended by Am. Sub. S.B. 160 of the 121st general assembly and Sub. H.B. 407 of the 123rd assembly; or (3) A preschool program or school child program as defined in section 3301.52 of the Revised Code.

(E) “Clearance examination” means an examination to determine whether the lead hazards in a residential unit, child day-care facility, or school have been sufficiently controlled. A clearance examination includes a visual assessment, collection and analysis of environmental samples.

(F) “Clinical nurse specialist” means a registered nurse who holds a valid certificate of authority issued under Chapter 4723. of the Revised Code that authorizes the practice of nursing as a clinical nurse specialist.

(G) “Director” means the director of the Ohio department of health, the director#s designee, or the director#s authorized agent.

(H) “Lead abatement” means a measure or set of measures designed for the single purpose of permanently eliminating lead hazards. “Lead abatement” includes all of the following:

(1) Removal of lead-based paint and lead-contaminated dust;

(2) Permanent enclosure or encapsulation of lead-based paint;

(3) Replacement of surfaces or fixtures painted with lead-based paint;

(4) Removal or permanent covering of lead-contaminated soil;

(5) Preparation, cleanup, and disposal activities associated with lead abatement;

“Lead abatement” does not include any of the following:

(a) Preventative treatments performed pursuant to section 3742.41 of the Revised Code;

(b) Implementation of interim controls;

(i) It is a freestanding single-family home used as the property owner’s private residence;

(ii) No child under six years of age who has lead poisoning resides in the unit.

(I) “Lead-based paint” means any paint or other similar surface-coating substance containing lead at or in excess of the level that is hazardous to human health as set forth in rule 3701-32-19 of the Administrative Code.

(J) “Lead-contaminated dust” means surface dust that contains an area or mass concentration of lead at or in excess of the level that is hazardous to human health as set forth in rule 3701-32-19 of the Administrative Code.

(K) “Lead-contaminated soil” means soil that contains lead at or in excess of the level that is hazardous to human health as set forth in rule 3701-32-19 of the Administrative Code.

(L) “Lead-contaminated water pipes” means water pipes containing lead materials resulting in contamination of the water supply with lead at or in excess of the level that is hazardous to human health as set forth in rule 3701-32-19 of the Administrative Code.

(M) “Lead hazard” means material that is likely to cause lead exposure and endanger an individual#s health as set forth in rule 3701-32-19 of the Administrative Code. #Lead hazard# includes lead-based paint, lead-contaminated dust, lead-contaminated soil, and lead-contaminated water pipes.

(N) “Lead poisoning” means a confirmed level of lead in human blood of ten micrograms per deciliter or greater.

(O) “Manager” means a person, who may be the same person as the owner, responsible for the daily operation of a residential unit, child day-care facility, or school.

(P) “Physician” means an individual authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery.

(Q) “Primary health care provider” means any person or government entity that provides well child health care services, such as annual examinations and immunizations to children under six years of age. “Primary health care provider” includes, but is not limited to, physicians, certified nurse practitioners, clinical nurse specialists, local health departments, medical clinics, offices and hospitals.

(R) “Public health lead investigation” means an investigation conducted by a public health lead investigator in accordance with rule 3701-30-07 of the Administrative Code.

(S) “Public health lead investigator” means an employee of the director or a designated board of health who is:

(1) A licensed lead risk assessor in the state of Ohio; and

(2) A registered sanitarian, registered sanitarian-in-training, or a licensed leak risk assessor employed by a board of health and who conducted environmental lead investigations on or before April 7, 2003 in accordance with authority delegated by the director pursuant to section 3742.13 of the Revised Code in effect prior to April 7, 2003.

(T) “Public health lead risk assessment” means a lead risk assessment conducted by a public health lead investigator in accordance with rule 3701-30-08 of the Administrative Code.

(U) “Residential unit” means a dwelling or any part of a building being used as an individual#s private residence.

(V) “School” means a public or nonpublic school in which children under six years of age receive education.

HISTORY: Eff 4-1-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 3742.50

Rule amplifies: RC 3742.01

RC 119.032 review date: 4/1/09

3701-30-02 Primary Health Care Provider Responsibility.

Primary health care providers of children under six years of age shall do the following:

(A) Determine if the child has had a blood lead screening test. If the child has had a blood lead screening test, determine at what age the child was tested and the blood lead screening test result.

(B) If the child has not had a blood lead screening test and is between the ages of nine months and seventy-two months, determine if the child is at risk of lead poisoning as defined in paragraph (C) of rule 3701-30-01 of the Administrative Code.

(C) If any child under six years of age is determined to be at risk of lead poisoning but has not had a blood lead screening test or has had a blood lead screening test but the results are not available, the primary health care provider shall order a blood lead screening test. It is recommended that a child at risk of lead poisoning have a blood lead screening test at the time of the child#s one and two year well child visits and annually thereafter as medically indicated.

(D) The primary health care provider shall make a good faith effort to obtain results of all blood lead screening tests performed on a child at risk of lead poisoning.

(E) Nothing in this rule is intended to preclude a primary health care provider from following the procedures in Chapter 5101. of the Revised Code for medicaid eligible children or from ordering blood lead screening tests on a child less than nine months of age or greater than six years of age.

HISTORY: Eff 4-1-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 3742.50

Rule amplifies: RC 3742.30

RC 119.032 review date: 4/1/09

3701-30-03 Blood lead screening tests.

(A) Blood lead screening tests of children at risk of lead poisoning shall be conducted either by:

(1) Venous draw; or

(2) Capillary test, collected in a capillary tube or on filter paper.

(B) If the blood lead screening test is conducted by a capillary test collected in a capillary tube or on filter paper and the result is ten micrograms per deciliter or greater, a confirmatory blood lead screening test shall be performed as soon as possible but no later than ninety days from the previous capillary test.

HISTORY: Eff 4-1-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 3742.50

Rule amplifies: RC 3742.30

RC 119.032 review date: 4/1/09

3701-30-04 Religious exception.

(A) The provisions of this chapter requiring blood lead screening tests of all children at risk of lead poisoning do not apply if the parents of the child object thereto on the grounds that such screening conflicts with their religious tenets and practices.

(B) Objection to a blood lead screening test shall be documented in the child#s medical record.

HISTORY: Eff 4-1-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 3742.50

Rule amplifies: RC 3742.30

RC 119.032 review date: 4/1/09

3701-30-05 Record-keeping and reporting requirements.

(A) Except as provided in paragraph (C) of this rule, any clinical laboratory that performs any analysis of human blood on a child under sixteen years of age and residing in Ohio to detect or determine levels of lead shall collect and report to the director all of the following information on a form prescribed by the director:

(1) Child’s name and parent’s or guardian’s name;

(2) Child’s street and mailing address, including the city, state, county and zip code;

(3) Child’s social security number, date of birth, gender, race and ethnicity;

(4) Telephone number, with area code, where the parents or guardians can be reached;

(5) Specimen matrix (blood);

(6) Analyte (lead);

(7) Procedure used to obtain the specimen and the date it was obtained;

(8) Physician’s or healthcare provider’s first name, last name, address, and telephone number;

(9) Child’s medicaid number, if any;

(10) Clinical laboratory improvement amendments of 1998 (CLIA) number of the laboratory performing the analysis; and

(11) The accession number, the date the sample was analyzed, and the test result in micrograms per deciliter.

(B) Any physician or healthcare provider requesting analysis of blood of a child under sixteen years of age and residing in Ohio to detect or determine levels of lead shall complete each request for analysis with the information required in paragraphs (A) (1) to (A) (9) of this rule of the Administrative Code.

(C) The clinical laboratory analyzing human blood to detect or determine levels of lead shall report the information required in paragraphs (A) (1) to (A) (11) of this rule, to the director in a format prescribed by the director by electronic transfer, unless otherwise authorized by the director. All electronic transfers of information shall be transmitted to the director within seven calendar days of obtaining the result.

(D) The director shall forward any test result required to be reported by a clinical laboratory which indicates the presence of lead in any child under sixteen years of age and residing in Ohio to the appropriate local board of health approved by the director pursuant to section 3742.34 of the Revised Code within ten business days of receiving the information.

(E) Any clinical laboratory that performs any analysis of human blood to detect or determine levels of lead in a person sixteen years of age or older and residing in Ohio shall comply with the requirements in rule 3701-32-14 of the Administrative Code.

HISTORY: Replaces rule 3701-32-05; Eff 4-1-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 3742.03

Rule amplifies: RC 3742.09

RC 119.032 review date: 4/1/09

3701-30-06 Delegation of Authority.

(A) The director of health may delegate to a board of health the authority as the director’s authorized agent to conduct public health lead investigations and/or public health lead risk assessments of residential units, child day-care facilities and/or schools and to enforce this chapter of the Administrative Code if the board of health meets the following criteria:

(1) Employs one or more public health lead investigators that have been approved by the director; and

(2) Provides equipment and supplies necessary to perform the duties of a public health lead investigator.

(B) A board of health that accepts the delegation of authority pursuant to paragraph (A) of this rule, shall do the following:

(1) Conduct public health lead investigations and public health lead risk assessments, in accordance with the requirements of this chapter of the Administrative Code, within their jurisdiction;

(2) Issue and enforce lead hazard control orders within their jurisdiction as required by this chapter of the Administrative Code;

(3) Maintain and make available to the director all records relating to work performed under this delegation of authority and supporting documentation for a minimum of six years. If an audit, litigation, or other action related to the delegation of authority is initiated during this time period the board shall retain such records until the action is concluded and all issues resolved or the six years ended, whichever is later;

(4) The board agrees to be bound by the same standards of confidentiality that apply to employees of the Ohio Department of Health and the State of Ohio;

(5) Submit a quarterly report in a format prescribed by the director. The quarterly report must be received by the director no less than thirty days after the end of the quarter and provide the following information:

(a) The number of children identified as having lead poisoning;

(b) The number of public health lead investigations and/or public health lead risk assessments conducted;

(d) A list of addresses that are subject to a lead hazard control order;

(e) A list of addresses where lead hazard control work has been completed pursuant to a lead hazard control order and a clearance examination has been passed; and

(f) A list of addresses where the child frequently visits and renovations and/or repairs have been performed in the previous twelve months as determined from the comprehensive questionnaire.

(C) A board of health that accepts the delegation of authority pursuant to paragraph (A) of this rule, may obtain an order to enter the property from a court of competent jurisdiction in the county in which the property is located, if the occupant, owner, or manager fails or refuses to permit entry.

HISTORY: Eff 4-1-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 3742.50

Rule amplifies: RC 3742.34

RC 119.032 review date: 4/1/09

3701-30-07 Public Health Lead Investigations.

When the director becomes aware that an individual under six years of age has lead poisoning the director shall conduct a public health lead investigation to determine the source of the lead poisoning. When the director becomes aware that an individual between six years and sixteen years of age has lead poisoning, the director may conduct a public health lead investigation to determine the source of the lead poisoning.

(A) For children with a blood lead level of ten micrograms per deciliter or greater but less than fifteen micrograms per deciliter the director shall cause the completion of a comprehensive questionnaire on a form prescribed by the director. The completed comprehensive questionnaire shall be reviewed by a public health lead investigator. The public health lead investigator shall be responsible for any follow up actions deemed necessary (e.g., provide educational materials to the family, conduct a public health lead risk assessment).

(B) For children with a blood lead level of fifteen micrograms per deciliter or greater the director shall conduct an on-site investigation of the child’s residential unit, child’s day-care facility or school. The investigation shall be performed by a public health lead investigator.

(1) Prior to or during an on-site investigation, the public health lead investigator shall:

(a) Review known records and reports on the residential unit, child day-care facility, or school made by any licensed lead inspector, lead abatement contractor, lead risk assessor, lead abatement project designer, lead abatement worker, clearance technician, or someone trained in essential maintenance practices; and

(b) Complete a comprehensive questionnaire on a form prescribed by the director.

(2) Based on the review of known records and reports and the completion of the comprehensive questionnaire the public health lead investigator shall do the following as appropriate:

(a) A visual assessment of the residential unit, child day-care facility, or school;

(b) X-ray fluorescence (XRF) analysis of deteriorated paint on or in:

(i) The interior and exterior surfaces and all common areas of the residential unit, child day-care facility, or school; and

(ii) Every attached or unattached structure located with the same lot line as the residential unit, child day-care facility, or school, including garages, play equipment, and fences;

(d) Other samples for analysis as deemed necessary to determine a possible source of lead poisoning.

(C) After performing the components set forth in paragraph (B) of this rule, the public health lead investigator shall continue the investigation in accordance with the following:

(1) If the public health lead investigator is able to determine that a residential unit, child day-care facility or school is a possible source of lead poisoning, the public health lead investigator shall conduct a public health lead risk assessment of the residential unit, child day-care facility or school in accordance with rule 3701-30-08 of the Administrative Code;

(2) If the public health lead investigator is not able to determine that a residential unit, child day-care facility or school is a possible source of lead poisoning, the public health lead investigator shall take targeted environmental samples, to determine if the residential unit, child day-care facility or school is a possible source of lead poisoning. The targeted environmental samples may include the following:

(a) Dust samples, for analysis, as appropriate, from the following areas including porches and other exterior living areas as defined in rule 3701-32-01 of the Administrative Code, kitchens, bedrooms, living rooms, and dining rooms;

(b) Soil samples, for analysis, as appropriate, from bare soil surfaces on play areas, the drip line of the residential unit, child day-care facility or school, and the yard; and

(c) First draw or flushed water samples for analysis, as appropriate, from the tap most commonly used for drinking water, infant formula, or food preparation. Water samples shall be collected in accordance with sample methods specified in paragraph (B) of rule 3745-81-86 of the Administrative Code.

If the results of the analysis of any of the targeted environmental samples exceed the hazard level as set forth in rule 3701-32-19 of the Administrative Code, the public health lead investigator may conclude that the residential unit, child day-care facility or school is a possible source of lead poisoning and conduct a public health lead risk assessment of the residential unit, child day-care facility or school in accordance with rule 3701-30-08 of the Administrative Code.

If the results of the analysis of the targeted environmental samples are below the hazard level as set forth in rule 3701-32-19 of the Administrative Code, the public health lead investigator may conclude that the residential unit, child day-care facility or school is not a possible source of the lead poisoning. The public health lead investigator shall then investigate any other residential unit, child day-care facility or school that the public health lead investigator reasonably suspects to be a possible source of lead poisoning.

(3) If the public health lead investigator is able to determine that essential maintenance practices have been performed in accordance with sections 3742.41 to 3742.46 of the Revised Code and all rough, pitted or porous horizontal surfaces have been covered in accordance with section 3742.41 of the Revised Code, the public health lead investigator shall presume the residential unit, child day-care facility or school is not the source of the lead poisoning. The public health lead investigator shall then investigate any other residential unit, child day-care facility or school the public health lead investigator reasonably suspects to be a possible source of lead poisoning.

(D) At the conclusion of the public health lead investigation, which may include one or more public health lead risk assessments conducted in accordance with rule 3701-30-08 of the Administrative Code, the public health lead investigator shall prepare and provide a report in a format prescribed by the director. The report shall contain the following information:

(1) Date(s) of the public health lead investigation;

(2) Address, unit number, and date of construction of each residential unit, child day-care facility or school investigated;

(3) Name, address, and telephone number of the owner or manager of each residential unit, child day-care facility or school investigated;

(4) Name, license number, and signature of the public health lead investigator conducting the public health lead investigation and the name, address, and telephone number of the agency employing each public health lead investigator;

(5) Name, address, and telephone number of each environmental lead analytical laboratory approved pursuant to rule 3701-82-02 of the Administrative Code performing the analysis of any collected samples;

(6) Results of the visual assessment of each residential unit, child day-care facility or school investigated;

(7) The testing method and sampling procedure for paint analysis employed and the specific locations of each component tested for the presence of lead;

(8) All data collected from on-site testing, including the quality control data and, if an XRF is used, its serial number;

(9) For residential units the following statement displayed at the top of the report in bold letters:

Ohio law (section 5301.30 of the Revised Code) requires every person who intends to transfer any residential real property by sale, land installment contract, lease with option to purchase, exchange, or lease for a term of ninety-nine years and renewable forever, to complete and provide a copy to the prospective transferee of the applicable property disclosure forms, disclosing known hazardous conditions of the property, including lead-based paint hazards.

Federal law (24 CFR part 35 and 40 CFR part 745) requires sellers and lessors of residential units constructed prior to 1978, except housing for the elderly or persons with disabilities (unless any child who is less than six years of age resides or is expected to reside in such housing) or any zero-bedroom dwelling to disclose and provide a copy of this report to new purchasers or lessees before they become obligated under a lease or sales contract. Property owners and sellers are also required to distribute an educational pamphlet approved by the United States environmental protection agency and include standard warning language in sales contracts or in or attached to lease contracts to ensure that parents have the information they need to protect children from lead-based paint hazards.

(10) Background information regarding the physical characteristics and occupant use patterns that may cause lead hazard exposure to one or more children;

(11) Results of the lead loading analysis of dust samples, in micrograms per square foot, by location of samples recorded on a diagram of the floor plan of each residential unit, child day-care facility or school investigated;

(12) Results of the lead concentration analysis of soil samples, in parts per million, by location of sample recorded on a plot plan of each residential unit, child day-care facility or school investigated;

(13) Results of the lead concentration analysis of water samples, in parts per billion;

(14) Other sources of lead identified by the public health lead investigator in the child’s environment; and

(15) Any other information required by the director.

(E) A copy of the complete public health lead investigation report including any and all public health lead risk assessment information obtained pursuant to the public health lead investigation and required to be reported under paragraph (C) of rule 3701-30-08 of the Administrative Code shall be provided to the child’s parent or guardian.

HISTORY: Eff 4-1-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 3742.50

Rule amplifies: RC 3742.35

RC 119.032 review date: 4/1/09

3701-30-08 Public health lead risk assessment.

(A) When the director determines that a residential unit, child day-care facility, or school is a possible source of the child#s lead poisoning, the director shall conduct a public health lead risk assessment of that property in accordance with paragraphs (K) (1) to (K) (9) of rule 3701-32-07 of the Administrative Code. If a public health lead investigator completed one or more of the components of the public health lead risk assessment when conducting a public health lead investigation in accordance with rule 3701-30-07 of the Administrative Code within the previous fourteen calendar days, the public health lead investigator is not required to repeat those components.

(B) The public health lead investigation and public health lead risk assessment may be completed in the same day. Prior to or within three calendar days of a public health lead risk assessment, the public health lead investigator shall send written notice to the owner or manager of a property where a public health lead risk assessment is to be or has been conducted. The notice shall be sent by regular mail or hand-delivered and state that the property is suspected of being a possible source of a child’s lead poisoning and the date of the public health lead risk assessment will be or has been conducted.

(C) At the conclusion of the public health lead risk assessment, the public health lead investigator shall prepare a report for each residential unit, child day-care facility or school where a public health lead risk assessment was conducted. The report shall be written in a format prescribed by the director. The report shall contain the following:

(1) Date of the public health lead risk assessment;

(2) Address, unit number, and date of construction of each residential unit, child day-care facility or school assessed;

(3) Name, address, and telephone number of the owner or manager of each residential unit, child day-care facility or school assessed;

(4) Name, license number, and signature of the public health lead investigator conducting the public health lead risk assessment and the name, address, and telephone number of the agency employing each public health lead investigator;

(6) Results of the visual assessment of each residential unit, child day-care facility or school assessed;

(7) The testing method and sampling procedure for paint analysis employed and the specific locations of each component tested for the presence of lead;

(8) All data collected from on-site testing, including quality control data and if an XRF is used, its serial number;

(9) For residential units, the following statement displayed at the top of the report in bold letters:

(10) Background information regarding the physical characteristics and occupant use patterns that may cause lead hazard exposure to one or more children;

(11) Results of the lead loading analysis of dust samples, in micrograms per square foot, by location of sample recorded on a diagram of the floor plan of each residential unit, child day-care facility or school assessed;

(13) Results of the lead concentration analysis of water samples, in parts per billion;

(14) A description of the location and type of identified lead hazards; and

(15) A description of recommended control options for each identified lead hazard.

(D) The report shall be sent by certified mail return receipt requested or hand delivered to all relevant property owners or managers within seven calendar days of receipt of laboratory test results.

HISTORY: Eff 4-1-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 3742.50

Rule amplifies: RC 3742.36

RC 119.032 review date: 4/1/09

3701-30-09 Lead hazard control order.

(A) If the director determines, based on the public health lead risk assessment that one or more lead hazards exist in a residential unit, child day-care facility, or school are contributing, in whole or in part, to a child#s lead poisoning the director shall issue an order to have each lead hazard controlled. The areas of each residential unit, child day-care facility, or school that may be subject to the lead hazard control order include the following:

(1) The interior and exterior surfaces and all common areas of the residential unit, child day-care facility, or school;

(2) Every attached or unattached structure located within the same lot line as the residential unit, child day-care facility, or school, including garages, play equipment, and fences; and

(3) The lot or land that the residential unit, child day-care facility, or school occupies.

(B) A lead hazard control order shall be in writing and specify the following:

(1) Each lead hazard to be controlled;

(2) The date by which the residential unit, child day-care facility, or school must pass a clearance examination demonstrating that each lead hazard has been sufficiently controlled. The date by which the residential unit, child day-care facility, or school must pass clearance shall be forty-five calendar days from receipt of the lead hazard control order; and

(3) If the director determines that the health of the occupants of the residential unit, child day-care facility, or school, may be at risk during the lead hazard control work, the director may require that the occupants be removed from the residential unit, child day-care facility, or school until the residential unit, child day-care facility, or school passes a clearance examination.

(C) A property owner or manager subject to a lead hazard control order may request an extension of the date by which the clearance examination must be passed. The request shall be in writing, set forth the reasons for the extension request and describe the measures that will be implemented to protect the child from further lead poisoning until the clearance has been achieved.

(D) The lead hazard control order shall be sent by certified mail return receipt requested or hand delivered to the owner and manager of the property that is the subject of the lead hazard control order. Any order that is returned undelivered will be re-sent by regular mail and after three calendar days will be assumed to be delivered. Any order that is returned undelivered for a second time shall be posted at the property that is the subject of the lead hazard control order.

(E) If the lead hazard control order applies to a building in which there is more than one residential unit, the director shall have a copy of the order delivered to the occupants of each residential unit or require that the owner or manager of the building deliver a copy of the order to the occupants of each residential unit.

(F) If the lead hazard control order applies to a child day-care facility or school, the director shall have a copy of the order delivered to the parent, guardian, or custodian of each child under six years of age who receives child day-care or education at the facility or school or require the owner or manager of the child day-care facility or school to have a copy of the order so delivered.

(G) A residential unit, child day-care facility or school remains subject to a lead hazard control order until the residential unit, child day-care facility or school passes the clearance examination. Once the residential unit, child day-care facility or school passes the clearance examination a copy of the results shall be sent to the director. The director shall notify the owner and manager of the property when the lead hazard control order has been lifted.

HISTORY: Eff 4-1-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 3742.50

Rule amplifies: RC 3742.37

RC 119.032 review date: 4/1/09

3701-30-10 Method of control.

(A) The owner or manager of a residential unit, child day-care facility, or school that receives a lead hazard control order shall choose a method of controlling each lead hazard from the methods listed in this rule that enables the residential unit, child day-care facility, or school to pass the clearance examination. Lead hazards identified in the lead hazard control order shall be controlled by a lead abatement contractor licensed in accordance with section 3742. of the Revised Code and rule 3701-32-08 of the Administrative Code. Any lead hazard control method that requires a written ongoing maintenance and monitoring schedule shall also pass an annual clearance examination to determine that the lead hazard control method has been maintained. The written ongoing maintenance and monitoring schedule and results of the annual clearance examination shall be submitted to the director by the property owner or manager.

(1) Lead hazards resulting from the deterioration of lead-based paint on a non-friction or non-impact surface shall be controlled using one or more of the following methods:

(a) Removal of the lead-based painted component and replacement with a lead-free component;

(b) Paint removal by separation of the lead-based paint from the substrate using heat guns (operated below eleven hundred degrees fahrenheit), chemicals, or certain abrasive measures either onsite or offsite;

(c) Enclosure of the lead-based painted component with durable materials. Durable materials include wallboard, drywall, paneling, siding, coil stock and the sealing or caulking of edges and joints so as to prevent or control chalking, flaking, peeling, scaling or loose lead-containing substances from becoming part of house dust or otherwise accessible to children;

(d) Encapsulation of lead-based painted component by coating and sealing of the component with a durable surface coating approved in rule 3701-32-13 of the Administrative Code;

(e) Paint stabilization as defined in rule 3701-32-01 of the Administrative Code and a written ongoing maintenance and monitoring schedule; or

(f) Any other lead safe method of permanently removing the lead hazard.

(2) Lead hazards resulting from the deterioration of lead-based paint on friction or impact surfaces shall be controlled using one or more of the following methods:

(a) Removal of the lead-based painted component and replacement with lead-free component;

(b) Lead-based paint removal by separation of the lead-based paint from the substrate using heat guns (operated below eleven hundred degrees fahrenheit), chemicals or certain abrasive measures either onsite or offsite;

(c) Enclosure of impact surfaces with durable materials. Durable material include wallboard, drywall, paneling, a quarter inch or thicker plywood or other underlayment for floors, coil stock and the sealing or caulking of edges and joints so as to prevent or control chalking, flaking, peeling, scaling or loose lead-containing substances from becoming part of house dust or otherwise accessible to children. The underlayment for floors must be covered with a cleanable, impermeable surface;

(d) Elimination of the friction points or application of a treatment that will prevent abrasion of the friction surface and a written ongoing maintenance and monitoring schedule; or

(e) Any other lead safe method of permanently removing the lead hazard.

(3) Lead hazards resulting from the deterioration of lead-based paint on a chewable surface shall be controlled using one or more of the following methods:

(a) Removal of lead-based painted component and replacement with lead-free components;

(d) Encapsulation of the lead-based painted component by coating and sealing of the component with a durable surface coating approved in rule 3701-32-13 of the Administrative Code; or

(e) Any other lead safe method of permanently removing the lead hazard.

(4) Lead hazards resulting from lead-contaminated dust shall be controlled using one or more of the following methods:

(a) Elimination or control of the source creating the lead-contaminated dust using an appropriate control method listed in this rule and followed with specialized cleaning to eliminate the lead-contaminated dust. Specialized cleaning includes the use of a HEPA vacuum, wet-mopping and/or wet-scrubbing; or

(b) Elimination of the lead-contaminated dust when the source creating the lead-contaminated dust cannot be identified through specialized cleaning and a written ongoing maintenance and monitoring schedule. Specialized cleaning includes the use of a HEPA vacuum, wet-mopping or wet-scrubbing.

(5) Lead hazards resulting from lead-contaminated soil shall be controlled using one or more of the following methods:

(a) Covering of the lead-contaminated bare soil with a permanent covering such as concrete or asphalt;

(b) Removal of the top six inches of lead-contaminated bare soil and replacing it with six inches of new soil having a lead concentration of less than two hundred parts per million;

(c) Covering of the lead-contaminated soil with an impermanent covering and a written ongoing maintenance and monitoring schedule. Impermanent covering includes sod and artificial turf. Gravel and mulch may be used as an impermanent covering if applied at a minimum of six inches in depth; or

(d) Any other lead safe method of permanently removing the lead hazard.

(6) Lead hazards resulting from lead-contaminated water pipes shall be controlled using one or more of the following methods:

(a) Removal of plumbing fixtures and replacement with lead-free fixtures;

(b) Flushing of water lines that are used for drinking or cooking for a minimum of one minute when water has not been used in the last six hours; or

(B) The following practices are prohibited to be used as a method of control:

(1) Open flame burning or torching;

(2) Machine sanding or grinding without a HEPA local vacuum exhaust tool;

(3) Abrasive blasting or sandblasting without a HEPA local vacuum exhaust tool;

(4) Use of a heat gun operating above one thousand one hundred degrees fahrenheit;

(5) Charring paint;

(6) Dry sanding;

(7) Dry scraping, except when done as follows:

(a) In conjunction with a heat gun operating at not more than one thousand one hundred degrees fahrenheit;

(b) Within one foot of an electrical outlet;

(c) To treat defective paint spots totaling not more than two square feet in an interior room or space or twenty square feet on an exterior surface.

(8) Uncontained hydroblasting or high-pressure washing; and

(9) Paint stripping in a poorly ventilated space using a volatile stripper that is considered a hazardous substance under 16 C.F.R. 1500.3 or a hazardous chemical under 29 C.F.R. 1910.1200 or 29 C.F.R. 1926.59 in the type of work being performed.

(C) The owner or manager of a residential unit, child day-care facility, or school shall inform the director in writing within ten calendar days from receipt of the lead hazard control order, as to which lead hazard control method has been chosen. The notification may be sent to the director by facsimile, electronic mail, or regular mail.

(D) After the lead hazard control order has been lifted the director shall provide the owner and manager of the residential unit, child day-care facility or school with information on methods of maintaining control of each lead hazard. In residential units the director shall also provide information on control methods to the residents.

HISTORY: Eff 4-1-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 3742.50

Rule amplifies: RC 3742.38, 3742.39

RC 119.032 review date: 4/1/09

3701-30-11 Refusal to comply.

(A) If the owner and manager of a residential unit, child day-care facility or school does not comply with a lead hazard control order, the director shall issue a non-compliance order prohibiting the owner and manager from using the residential unit, child day-care facility or school as a residential unit, child day-care facility or school. The non-compliance order shall remain in effect until the director receives evidence that the residential unit, child day-care facility or school has passed a clearance examination.

(B) When the owner and manager receives a non-compliance order prohibiting the use of the residential unit, child day-care facility or school the owner or manager shall take appropriate measures to notify each occupant of the residential unit(s), parent, guardian, or custodian of each child attending the child day-care facility or school to vacate the residential unit, child day-care facility or school until the residential unit, child day-care facility or school passes a clearance examination. This notification must be received by the occupant, parent, guardian, or custodian no less than ten days prior to vacating the residential unit, child day-care facility or school.

(C) The director shall post a sign on one or more entrances to the residential unit, child day-care facility, or school that serves to warn the public and states the following information:

(1) A warning that the residential unit, child day-care facility or school has a lead hazard; and

(2) A declaration that the residential unit, child day-care facility or school is unsafe for human occupation, especially for children under six years of age and pregnant women.

(D) The sign shall remain posted until removed by the director after the residential unit, child day-care facility or school passes a clearance examination.

HISTORY: Eff 4-1-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 3742.50

Rule amplifies: RC 3742.40

RC 119.032 review date: 4/1/09