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