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;

(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: 11/20/2014
Five Year Review (FYR) Dates: 06/19/2014 and 06/01/2019
Promulgated Under: 119.03
Statutory Authority: 3742.50
Rule Amplifies: 3742.34
Prior Effective Dates: 4/1/2004, 7/5/09