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;

(c) The number of orders issued and the outcome of the orders;

(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