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