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.

(C) "Child at risk of lead poisoning" means any child under six years of age who meets one or more of the following:

(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 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 care facility" means each area of any of the following in which child 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; or

(2) 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 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;

(c) Activities performed by a property owner on a residential unit to which both of the following apply:

(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 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 or contractor 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 lead 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.

Effective: 07/05/2009
R.C. 119.032 review dates: 04/01/2009 and 07/01/2014
Promulgated Under: 119.03
Statutory Authority: 3742.50
Rule Amplifies: 3742.01
Prior Effective Dates: 4/1/2004

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.

R.C. 119.032 review dates: 04/01/2009 and 04/01/2014

Promulgated Under: 119.03

Statutory Authority: 3742.50

Rule Amplifies: 3742.30

Prior Effective Dates: 4/1/2004

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.

(C) The director shall provide written guidance for follow up of elevated blood lead screening test results.

R.C. 119.032 review dates: 04/01/2009 and 04/01/2014

Promulgated Under: 119.03

Statutory Authority: 3742.50

Rule Amplifies: 3742.30

Prior Effective Dates: 4/1/2004

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.

R.C. 119.032 review dates: 04/01/2009 and 04/01/2014

Promulgated Under: 119.03

Statutory Authority: 3742.50

Rule Amplifies: 3742.30

Prior Effective Dates: 4/1/2004

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

(A) 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, telephone number, and national provider identifier, if applicable;

(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 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 fifteen calendar days of receiving the information.

(E) The director shall place all results of a child's blood lead analysis on the state's immunization registry.

(F) 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.

Effective: 07/05/2009
R.C. 119.032 review dates: 04/01/2009 and 07/01/2014
Promulgated Under: 119.03
Statutory Authority: 3742.50
Rule Amplifies: 3742.01
Prior Effective Dates: 4/1/2004

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 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 or contracts with one or more public health lead investigators that have been approved by the director; and

(2) Utilizes equipment and supplies as deemed necessary by the director 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 one or more of the following as set forth in the order of delegation:

(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 delegation of authority;

(2) Issue and enforce lead hazard control orders within their delegation of authority 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;

(c) The number of orders issued;

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

(e) A list of addresses that are subject to an order of noncompliance; and

(f) 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.

(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.

Effective: 07/05/2009
R.C. 119.032 review dates: 04/01/2009 and 07/01/2014
Promulgated Under: 119.03
Statutory Authority: 3742.50
Rule Amplifies: 3742.34
Prior Effective Dates: 4/1/2004

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 a residential unit, child 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 applicable residential units, child care facilities, or schools 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 care facility, or school;

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

(i) Interior surfaces, exterior surfaces, and common areas of the residential unit, child care facility, or school;

(ii) Attached or unattached structures located within the same lot line as the residential unit, child care facility, or school, including garages, play equipment, and fences;

(c) Samples for analysis from glazed dinnerware or ceramic cookware suspected of containing lead; and

(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 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 one or more residential units, child care facilities or schools 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 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 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 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 care facility or school is a possible source of lead poisoning and conduct a public health lead risk assessment of the residential unit, child 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 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 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 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 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, unless it is otherwise included in a public health lead risk assessment report created pursuant to rule 3701-30-08 of the Administrative Code:

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

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

(3) Name, address, and telephone number of the owner or manager of each residential unit, child 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 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 5302.30 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 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 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.

Effective: 07/05/2009
R.C. 119.032 review dates: 04/01/2009 and 07/01/2014
Promulgated Under: 119.03
Statutory Authority: 3742.50
Rule Amplifies: 3742.35
Prior Effective Dates: 4/1/2004

3701-30-08 Public health lead risk assessment.

(A) When the director determines that a residential unit, child 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 (G)(1) to (G)(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 twenty-eight 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 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, as applicable:

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

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

(3) Name, address, and telephone number of the owner or manager of each residential unit, child 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;

(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 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:

Ohio law (section 5302.30 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, a copy of the lab report, and a diagram of the floor plan of each residential unit, child care facility or school assessed illustrating the sample locations;

(12) Results of the lead concentration analysis of soil samples, in parts per million, a copy of the lab report, and a diagram of each residential unit, child care facility or school assessed illustrating the sample locations;

(13) Results of the lead concentration analysis of water samples, in parts per billion and a copy of the lab report;

(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 fourteen calendar days of receipt of laboratory test results.

Effective: 07/05/2009
R.C. 119.032 review dates: 04/01/2009 and 07/01/2014
Promulgated Under: 119.03
Statutory Authority: 3742.50
Rule Amplifies: 3742.36
Prior Effective Dates: 4/1/2004

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 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 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 care facility, or school;

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

(3) The lot or land that the residential unit, child 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 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 ninety 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 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 care facility, or school until the residential unit, child care facility, or school passes a clearance examination.

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

(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 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 care or education at the facility or school or require the owner or manager of the child care facility or school to have a copy of the order so delivered.

(G) If ownership of a property subject to a lead hazard control order is transferred after the issuance of a lead hazard control order, the property remains subject to the order. The director shall deem the individual or entity listed on the property deed as the owner and shall send documents or otherwise communicate with the deed holder until the hazards are sufficiently controlled and the order is lifted.

Effective: 07/05/2009
R.C. 119.032 review dates: 04/01/2009 and 07/01/2014
Promulgated Under: 119.03
Statutory Authority: 3742.50
Rule Amplifies: 3742.37
Prior Effective Dates: 4/1/2004

3701-30-10 Method of control.

(A) The owner or manager of a residential unit, child 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 care facility, or school to pass the clearance examination. Except as specified in paragraphs (D) and (E) of this rule, lead hazards identified in the lead hazard control order shall be controlled by a licensed lead abatement contractor as required by section 3742. of the Revised Code and Chapter 3701-32 of the Administrative Code.

(B) The following are acceptable measures of control for lead hazards and shall be applied in accordance with the United States department of housing and urban development guidelines, which are available on the internet at www.hud.gov/offices/lead/lbp/hudguidelines/index.cfm and in state libraries, and other applicable federal, state, and local laws:

(1) 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 with a durable surface coating approved in rule 3701-32-13 of the Administrative Code;

(e) Any other lead safe method of permanently removing the lead hazard as approved by the director; or

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

(2) 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) Any other lead safe method of permanently removing the lead hazard as approved by the director; or

(e) Immobilization 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.

(3) 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;

(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 the lead-based painted component with a material that cannot be penetrated by a child's teeth;

(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 as approved by the director.

(4) 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 through specialized cleaning when the source creating the lead-contaminated dust cannot be identified. Specialized cleaning includes the use of a HEPA vacuum, wet-mopping or wet-scrubbing.

(5) 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 four 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 as approved by the director.

(6) 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) Any other lead safe method of permanently removing the lead hazard as approved by the director; or

(c) 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.

(C) 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.

(D) In addition to or in lieu of the accepted measures of control for lead hazards identified in paragraph (B) of this rule, upon written determination from the director, a property owner or manager may implement reasonable controls of lead hazards through the demolition of a building containing lead hazards. In order to be considered a reasonable control of lead hazards, all demolition efforts must be conducted in a manner that is protective of human health, the environment and is compliant with all applicable federal, state, and local laws.

(E) A property owner or manager is not required to use a licensed lead abatement contractor when doing the following:

(1) Removal of mini blinds;

(2) Flushing of water lines that are used for drinking or cooking; and/or

(3) If the individual completed a training program approved by the director:

(a) Specialized cleaning not associated with lead abatement;

(b) Permanent immobilization of friction points on a window;

(c) Covering of lead-contaminated bare soil with an impermanent covering, such as sod, artificial turf, or six inches of gravel or mulch.

(F) The owner or manager of a property subject to a lead hazard control order shall inform the director in writing on a form prescribed by the director as to which lead hazard control method has been chosen for each lead hazard. The notification shall be sent to the director by facsimile, electronic mail, or regular mail ten days prior to the start of the lead hazard control work on shall be signed by the licensed lead abatement contractor hired to perform the lead hazard control work. The director may provide written comments to the owner or manager within ten calendar days of receipt of the proposed methods of control.

(G) After each lead hazard has been sufficiently controlled by a licensed lead abatement contractor or lead abatement worker, the property owner or manager shall ensure the successful completion of a clearance examination by a licensed lead risk assessor or lead inspector in accordance with rule 3701-32-12 of the Administrative Code. The property owner or manager shall submit a copy of the clearance examination report to the director.

(H) Upon a determination by the director that all lead hazards have been sufficiently controlled, an ongoing maintenance and monitoring plan is in place, when applicable, and a clearance examination has been passed, the director shall issue a notice to the property owner or manager that lifts the lead hazard control order.

(I) After the lead hazard control order has been lifted the director shall provide the owner and manager of the residential unit, child care facility or school with information on methods of maintaining control of each lead hazard. In residential units the director or owner shall also provide information on control methods to the residents. In schools or child care facilities the director or owner shall provide information on control methods to the parents or guardians of children who frequent the property.

Effective: 07/05/2009
R.C. 119.032 review dates: 04/01/2009 and 07/01/2014
Promulgated Under: 119.03
Statutory Authority: 3742.50
Rule Amplifies: 3742.38 , 3742.39
Prior Effective Dates: 4/1/2004

3701-30-11 Refusal to comply.

(A) If the owner and manager of a residential unit, child 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 care facility or school as a residential unit, child care facility or school. The non-compliance order shall remain in effect until the director receives evidence that the residential unit, child 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 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 care facility or school to vacate the residential unit, child care facility or school until the residential unit, child 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 care facility or school.

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

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

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

(3) Pursuant to section 3742.99 of the Revised Code, removal of the sign is punishable by a fine and/or imprisonment. Each day of violation is a separate offense.

(D) The sign shall remain posted until the director determines the lead hazards have been sufficiently controlled and the lead hazard control order is lifted.

Effective: 07/05/2009
R.C. 119.032 review dates: 04/01/2009 and 07/01/2014
Promulgated Under: 119.03
Statutory Authority: 3742.50
Rule Amplifies: 3742.40
Prior Effective Dates: 4/1/2004

3701-30-12 Lead poisoning prevention fund.

(A) The department of health may use the monies in the lead poisoning prevention fund for the purposes of the child lead poisoning prevention program established under section 3742.31 of the Revised Code, to provide financial assistance to individuals who are unable to pay for either of the following:

(1) Costs associated with obtaining lead tests and lead poisoning treatment for treatment for children under six years of age who are not covered by private medical insurance or are underinsured, are not eligible for the medicaid program or any other government health program, and do not have access to another source of funds to cover the costs of lead tests and any indicated treatments;

(2) Costs associated with having lead abatement performed or having the preventive treatments specified in section 3742.41 of the Revised Code.

(B) Distribution of the funds shall be made for the following as determined by the director:

(1) Costs associated with obtaining lead tests or lead poisoning treatment for children who qualify under the criteria set forth in paragraph (A) of this rule;

(2) Assist with costs for abatement of lead hazards identified in a lead hazard control order issued by the director of health and are determined to be cost-efficient. Priority for providing assistance to abate lead hazards shall be as follows:

(a) Owners of a freestanding single-family home used as the property owner's primary residence, in which a child under six years of age resides;

(b) Owners of a freestanding single-family home used as the property owner's primary residence, in which a child under six years of age is cared for on a regular basis;

(c) Owners of a freestanding single-family home used as the property owner's primary residence and have an individual at risk for lead poisoning residing in the property;

(3) Assist with the costs associated with taking a lead abatement contractor training course and obtaining a lead abatement contractor license if a property owner of a freestanding single-family residence used as the property owner's primary residence and subject to a lead hazard control order issued by the director of health agrees to abate the identified hazards after taking the course and obtaining a license;

(4) Costs of abating lead hazards identified in a property subject to a lead hazard control order;

(5) Assist with the costs associated with preventive treatments implemented in accordance with section 3742.41 of the Revised Code, by an owner of a single-family residence used as the property owner's primary residence and an individual at risk of lead poisoning resides in the property.

(C) The director shall determine that individuals are unable to pay for abatement or preventive treatments if they demonstrate that they are at or below six hundred per cent of the poverty income for their family size, as reported in the federal register by the United States department of health and human services, rounded up to the nearest five hundred dollars.

(D) Monies approved for the distribution from the fund shall be paid directly to the health care provider for costs incurred with testing or treating a child with lead poisoning pursuant to paragraph (B)(1) of this rule, or the contractor performing abatement or preventive treatments on the property or the approved training and licensing agencies for costs associated with licensed lead abatement contractor training pursuant to paragraphs (B)(2) to (B)(5) of this rule.

Effective: 07/05/2009
R.C. 119.032 review dates: 07/01/2014
Promulgated Under: 119.03
Statutory Authority: 3742.50
Rule Amplifies: 3742.51

3701-30-13 Ohio lead advisory council.

(A) The director of health shall appoint individuals to the advisory council, created pursuant to section 3742.32 of the Revised Code. The terms of appointment shall be four years and may be renewed an indefinite number of times. The council:

(1) Shall meet at least four times per year;

(2) Shall provide assistance in the ongoing development and implementation of the child lead poisoning prevention program created under section 3742.31 of the Revised Code, including but not limited to providing advice on the adoption, amendment or rescission of administrative rules, policies, preferred methods of financing the program, the program's strategic plan for eliminating childhood lead poisoning and other issues of relevance to the child lead poisoning prevention program;

(3) Shall submit a report of the state's activities to the governor, president of the senate, and speaker of the house on or before the first day of March each year;

(4) May establish workgroups to address specific issues related to the child lead poisoning prevention program; and

(5) May invite individuals not members of the council to attend the meetings and serve on workgroups.

(B) Appointed members of the council shall attend no less than five of the eight meetings convened during a two year period, or three-fifths of the meetings if more than eight meetings are convened during a two year period.

(C) Vacancies shall be filled in the manner provided for original appointments. Any individual appointed to fill a vacancy prior to the expiration of the term for which the individual's predecessor was appointed shall serve for the remainder of that term.

(D) The child lead poisoning prevention program shall convene and facilitate meetings of the council and its workgroups. The program will be responsible for operational support of the functions of the council.

Effective: 07/05/2009
R.C. 119.032 review dates: 07/01/2014
Promulgated Under: 119.03
Statutory Authority: 3742.50
Rule Amplifies: 3742.51