Chapter 3701-32 Lead Hazard Abatement

3701-32-01 Definitions.

As used in Chapters 3701-32 and 3701-82 of the Administrative Code:

(A) “Bare soil” means soil or sand, including sand found in sandboxes, not covered with grass, sod, or some other similar vegetation, or paving.

(B) “Chewable surface” means any protruding interior or exterior painted or coated surface on which there is evidence of teeth marks.

(C) “Child day-care facility” means each area of any of the following in which child daycare, 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;

(2) A type C family day-care home authorized to provide child day-care by Sub. H.B. 62 of the 121s t general assembly, as amended by Am. Sub. S.B. 160 of the 121s t general assembly and Sub. H.B. 407 of the 123rd general assembly; or

(3) A preschool program or school child program as defined in section 3301.52 of the Revised Code.

(D) “Clearance examination” means an examination to determine whether the lead hazards in a residential unit, child day-care facility, or school have been sufficiently controlled. A clearance examination includes a visual assessment, collection, and analysis of environmental samples.

(E) “Clearance technician” means a person, other than a licensed lead inspector or lead risk assessor, who performs a clearance examination.

(F) “Clinical laboratory” means a facility for the biological, microbiological, serological, chemical, immunohematological, hematological, biophysical, cytological, pathological, or other examination of substances derived from the human body for the purpose of providing information for the diagnosis, prevention, or treatment of any disease, or in the assessment or impairment of the health of human beings. “Clinical laboratory” does not include a facility that only collects or prepares specimens, or serves as a mailing service, and does not perform testing.

(G) “Deteriorated paint” means any interior or exterior paint or other coating that shows signs of abrasion and/or is peeling, chipping, chalking, or cracking, or any paint or coating located on an interior or exterior surface or fixture that is otherwise damaged or separated from the substrate.

(H) “Director” means the director of the Ohio department of health, the director’s designee, or the director’s authorized agent.

(I) “Documented methodologies” means a method or methods, prescribed by legal requirements, recognized and published by a national organization, or developed and validated by the environmental lead analytical laboratory or personnel employing the method(s). Sample collection methods, preparation procedures and analytical methods recommended by the United States environmental protection agency, national institutes of safety and health, ASTM, AOAC, APHA, the United States department of urban development and others may be acceptable if the environmental lead analytical laboratory or personnel has demonstrated acceptable performance for each particular matrix. Alternative procedures and/or modifications of methods may be used only if they have been validated by the environmental lead analytical laboratory.

(J) “Encapsulation” means the coating and sealing of surfaces with durable surface coating specifically formulated to be elastic, able to withstand sharp and blunt impacts, long-lasting, and resilient, while also resistant to cracking, peeling, algae, fungus, and ultraviolet light, so as to prevent any part of lead-containing paint from becoming part of house dust or otherwise accessible to children.

(K) “Enclosure” means the resurfacing or covering of surfaces with durable materials such as wallboard or paneling, and the sealing or caulking of edges and joints to prevent or control chalking, flaking, peeling, scaling or loose lead-containing substances from becoming part of house dust or otherwise accessible to children.

(L) “Environmental lead analytical laboratory” means a facility that analyzes air, dust, soil, water, paint, film, or other substances, other than substances derived from the human body, for the presence and concentration of lead.

(M) “Environmental samples” means paint-chip, dust, soil, water or air samples collected for the purpose of analysis.

(N) “Essential maintenance practices” means preventive treatments performed as prescribed in section 3742.41 of the Revised Code in residential units, child day-care facilities or schools.

(O) “Exterior living area” means a room or area located on the exterior of a residential unit, such as a porch, patio, or stoop that is used as living space as indicated by the presence of toys, other children’s possessions or play patterns, information provided by the residents, property owners, or other observations.

(P) “Flushed water sample” means a one-liter sample of tap water collected after the tap has been allowed to run at its maximum flow rate for a minimum of one minute before collecting the sample.

(Q) “Friction surface” means any interior or exterior surface that is subject to abrasion or friction, including, but not limited to, certain window, floor, and stair surfaces.

(R) “Hands-on assessment” means an evaluation which tests a trainee’s ability to perform specified work practices and procedures in compliance with Chapters 3701-32 and 3701-82 of the Administrative Code.

(S) “HEPA” means the designation given to a product, device, or system that has been equipped with a high-efficiency particulate air filter, which is a filter capable of removing particles of 0.3 microns or larger from air at 99.97 per cent or greater efficiency.

(T) “HUD guidelines” means the document issued by the U.S. department of housing and urban development pursuant to Section 1017 of the residential lead-based paint hazard reduction act of 1992, Public Law 102-550. The guidelines provide detailed, comprehensive, technical information on how to identify lead-based paint hazards in housing and how to control such hazards safely and efficiently. The HUD guidelines may be accessed at www.hud.gov/office/lead.

(U) “Impact surface” means an interior or exterior surface that is subject to damage by repeated sudden force, such as certain parts of door frames.

(V) “Interim controls” means a set of measures designed to reduce temporarily human exposure or likely human exposure to lead hazards. Interim controls include specialized cleaning, repairs, painting, temporary containment, ongoing lead hazard maintenance activities, and the establishment and operation of management and resident education programs.

(W) “Lead abatement” :

(1) Means a measure or a set of measures, designed for the single purpose of permanently eliminating lead hazards. “Lead abatement” includes all the following:

(a) Removal of lead-based paint and lead-contaminated dust;

(b) Permanent enclosure or encapsulation of lead-based paint;

(d) Removal or permanent covering of lead-contaminated soil;

(e) Preparation, cleanup, and disposal activities associated with lead abatement.

(2) “Lead abatement” does not include any of the following:

(a) Preventive treatments performed pursuant to section 3742.41 of the Revised Code;

(b) Implementation of interim controls;

(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.

(X) “Lead abatement contractor” means any individual who engages in or intends to engage in lead abatement and who employs or supervises one or more lead abatement workers, including on-site supervision of lead abatement projects, or prepares specifications, plans, or documents for a lead abatement project.

(Y) “Lead abatement project” means one or more lead activities that are conducted by a lead abatement contractor and are reasonably related to each other.

(Z) “Lead abatement project designer” means a person who is responsible for designing lead abatement projects and preparing a pre-abatement plan for all designed projects.

(AA) “Lead abatement worker” means an individual responsible in a non-supervisory capacity for the performance of lead abatement.

(BB) Lead activity” means:

(1) Any aspect of a lead inspection, lead risk assessment, lead hazard screen risk assessment, clearance examination; or

(2) In the case of a lead abatement project, any aspect of lead abatement that is conducted by a lead abatement contractor, lead abatement project designer, or lead abatement worker.

(CC) “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.

(DD) “Lead-based paint sampling” means limited paint-chip sampling or XRF analysis performed to determine the presence or absence of lead-based paint on deteriorated paint surfaces or painted surfaces in a residential unit, child day-care facility, or school.

(EE) “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.

(FF) “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.

(GG) “Lead-contaminated water pipes” means water pipes containing lead materials causing the water supply to contain lead levels 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.

(HH) “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.

(II) “Lead hazard screen risk assessment” means a risk assessment that involves limited paint and dust sampling and that is conducted in compliance with paragraph (J) of rule 3701-32-07 of the Administrative Code.

(JJ) “Lead inspection” means a surface-by-surface investigation to determine the presence of lead-based paint. The inspection shall use a sampling or testing technique set forth in rule 3701-32-06 of the Administrative Code. A licensed lead inspector or laboratory approved pursuant to rule 3701-82-02 of the Administrative Code shall certify in writing the precise results of the inspection.

(KK) “Lead inspector” means any individual who conducts a lead inspection, provides professional advice regarding a lead inspection, or prepares a report explaining the results of a lead inspection.

(LL) “Lead risk assessment” means an on-site investigation to determine and report the existence, nature, severity, and location of lead hazards in a residential unit, child day-care facility, or school, including information gathering from the unit, facility, or school’s current owner’s knowledge regarding the age and painting history of the unit, facility, or school and occupancy by children under six years of age, visual inspection, limited wipe sampling or other environmental sampling techniques, and any other activity as may be appropriate.

(MM) “Lead risk assessor” means a person who is responsible for developing a written inspection, risk assessment and analysis plan; conducting inspections for lead hazards in a residential unit, child day-care facility, or school; interpreting results of inspections or risk assessments; identifying hazard control strategies to reduce or eliminate lead exposures; and completing a risk assessment report.

(NN) “Lead-safe renovation” means the supervision or performance of services for the general improvement of all or part of an existing structure, including a residential unit, child day-care facility, or school, when the services are supervised or performed by a lead-safe renovator.

(OO) “Lead-safe renovator” means a person who has successfully completed a training program in lead-safe renovation approved pursuant to rule 3701-32-16 of the Administrative Code.

(PP) “Manager” means a person, who may be the same person as the owner, responsible for the daily operation of a residential unit, child day-care facility, or school.

(QQ) “Non-abatement” means activities such as essential maintenance practices and preventive treatments performed pursuant to section 3742.41 of the Revised Code, interim controls, or lead-safe renovation.

(RR) “Owner” means a person, firm, corporation, guardian, conservator, receiver, trustee, executor, or other judicial officer who, alone or with others, owns, holds, or controls the freehold or leasehold title or part of the title to property, with or without actually possessing it. Owner includes a vendee in possession, but does not include a mortgagee or an owner of a reversionary interest under a ground rent lease.

(SS) “Other lead assessment activity” means limited evaluation or sampling performed in a residential unit, child day-care facility or school by a lead risk assessor to determine the existence, nature, severity and location of any lead hazards.

(TT) “Paint” means any substance applied to a surface as a surface coating, including, but not limited to, household paints, varnishes and stains.

(UU) “Paint stabilization” means repairing any physical defect in the substrate of any painted surface that is causing paint deterioration, removing loose paint and other material from the surface to be treated, and applying a new protective coating or paint.

(VV) “Permanent” means an expected design life of at least twenty years.

(WW) “Play area” means an area of soil contact by children as indicated by, but not limited to, the presence of play equipment (e.g. sandboxes, swing sets, and sliding boards), toys, or other children’s possessions, observations of play patterns, or information provided by parents, residents, care givers, or property owners.

(XX) “Principal instructor” means the individual who has primary responsibility for organizing and teaching a particular course.

(YY) “Proof of licensure” means the license certificate or the pocket license certificate.

(ZZ) “Replacement” means an activity that entails removing components such as windows, doors, and trim that have lead hazards on their surfaces and installing components free of lead hazards.

(AAA) “Residential unit” means a dwelling or any part of a building being used as an individual’s private residence

(BBB) “Room” means a separate part of the inside of a building, such as a bedroom, living room, dining room, kitchen, bathroom, laundry room, hallway, or utility room. To be considered a separate room, the room must be separated from adjoining rooms by built-in walls or archways that extend at least six inches from an intersecting wall. Half walls or bookcases count as room separators if built-in. Movable or collapsible partitions or partitions consisting solely of shelves or cabinets are not considered built-in walls. A screened in porch that is used as a living area is a room.

(CCC) “School” means a public or nonpublic school in which children under six years of age receive education.

(DDD) “Training hour” means at least fifty minutes of actual learning, including, but not limited to, time devoted to lecture, learning activities, small group activities, demonstrations, evaluations, and/or hands-on experience

(EEE) “Training manager” means the individual responsible for administering a training program and monitoring the performance of the principal instructors, work practice instructors, and guest instructors.

(FFF) “Visual assessment” means the visual examination of a residential unit, child day-care facility or school to identify deteriorated paint, visible dust, paint-chips, debris or residue which may be lead-based.

(GGG) “Window sill” means the portion of the horizontal window ledge that protrudes into the interior of the room, adjacent to the window sash when the window is closed. Window sill is often called the window stool.

(HHH) “Window trough” means, for the typical double-hung window, the portion of the exterior window sill between the interior window sill (or stool) and the frame of the storm window. If there is no storm window, the window trough is the area that receives the upper and lower window sashes when both sashes are lowered. The window trough is sometimes referred to as the window well.

(III) “Work practice instructor” means the individual who is responsible for teaching particular skills in a specific course.

(JJJ) “XRF technology” means the science of the use of portable x-ray fluorescence lead in paint analyzers to determine lead concentration in paint.

HISTORY: Replaces rule 3701-32-01; Eff 4-1-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 3742.03

Rule amplifies: RC 3742.02 through 3742.19, 3742.99

RC 119.032 review date: 4/1/09

3701-32-02 Scope and applicability of rules.

All individuals licensed pursuant to the rules of this chapter must comply with Chapter 3742. of the Revised Code and the applicable rules in Chapter 3701-32 of the Administrative Code. These rules are applicable to residential units, child day-care facilities and schools. In addition:

(A) Clearance technicians shall comply with rules 3701-32-03, 3701-32-04, 3701-32-05, 3701-32-12, 3701-32-15 and 3701-32-19 of the Administrative Code.

(B) Lead inspectors shall comply with rules 3701-32-03, 3701-32-04, 3701-32-06, 3701-32-12, 3701-32-15, and 3701-32-19 of the Administrative Code.

(C) Lead risk assessors shall comply with rules 3701-32-03, 3701-32-04, 3701-32-07, 3701-32-12, 3701-32-15 and 3701-32-19 of the Administrative Code.

(D) Lead abatement workers shall comply with rules 3702-32-03, 3701-32-04, 3701-32-09 and 3701-32-15 of the Administrative Code.

(E) Lead abatement contractors shall comply with rules 3701-32-03, 3701-32-04, 3701-32-08, 3701-32-15 and 3701-32-19 of the Administrative Code.

(F) Lead abatement project designers shall comply with rules 3701-32-03, 3701-32-04, 3701-32-10, 3701-32-15 and 3701-32-19 of the Administrative Code.

(G) Lead-safe renovators shall comply with rules 3701-32-03 and 3701-32-11 of the Administrative Code.

(H) Individuals performing essential maintenance practices shall comply with rules 3701-32-03, 3701-32-17 and 3701-32-19 of the Administrative Code.

(I) Manufacturers of encapsulants must comply with rule 3701-32-03 and 3701-32-13 of the Administrative Code.

(J) Clinical lead laboratories must be approved pursuant to rule 3701-82-02 of the Administrative Code and comply with rules 3701-32-14 and 3701-30-05 of the Administrative Code.

(K) Environmental lead laboratories must be approved pursuant to rule 3701-82-02 of the Administrative Code and comply with rule 3701-32-14 of the Administrative Code.

(L) Training providers must be approved pursuant to rule 3701-32-16 or 3701-82-01 of the Administrative Code and must comply with rules 3701-32-16.1, 3701.32-16.2, 3701-32-16.3, or rules 3701-82-01.1, 3701-82-01.2, and 3701-82-01.3 of the Administrative Code.

Replaces: 3701-32-01

Effective: 04/01/2004

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

Promulgated Under: 119:03

Statutory Authority: 3742.03

Rule Amplifies: 3742.02, 3742.04 through 3742.19, 3742.30 through 3742.51, 3742.99

Prior Effective Dates: None

3701-32-03 General provisions and prohibitions.

(A) No person shall do any of the following when a residential unit, child day-care facility, or school is involved:

(1) Perform a lead inspection without a valid lead inspector license or valid lead risk assessor license;

(2) Perform a lead risk assessment, lead hazard screen risk assessment, or lead risk assessment activity without a valid lead risk assessor license;

(3) Perform a clearance examination following lead abatement without a valid lead inspector license, or valid lead risk assessor license;

(4) Perform a clearance examination following non-abatement without a valid clearance technician license, unless that person holds a valid lead inspector license or valid lead risk assessor license;

(5) Supervise a lead abatement project without a valid lead abatement contractor license, or valid lead abatement project designer license;

(6) Provide professional advice regarding lead abatement without a valid lead abatement contractor license, or valid lead abatement project designer license;

(7) Perform lead abatement without a valid lead abatement worker license, valid lead abatement contractor license, or valid lead abatement project designer license;

(8) Perform lead abatement without the on-site supervision of a lead abatement contractor or lead abatement project designer;

(9) Act as a lead abatement project designer without a valid lead abatement project designer license;

(10) Knowingly authorize or employ an individual to perform lead abatement, unless the individual who will perform the lead abatement holds a valid lead abatement contractor license, valid lead abatement project designer license, or valid lead abatement worker license;

(11) Perform lead-safe renovation without the appropriate training as set forth in rule 3701-32-16 of the Administrative Code;

(12) Have lead-safe renovation performed in lieu of having lead abatement performed on a property at which a lead-poisoned child under six years of age has been identified;

(13) Perform lead hazard control on a property at which a lead-poisoned child has been identified, without holding a valid lead abatement contractor license, valid lead abatement project designer license, or valid lead abatement worker license,

(14) Employ or authorize any person to perform lead hazard control on a property where a lead hazard control order has been issued pursuant to rule 3701-30-09 of the Administrative Code, unless that person holds a valid lead abatement contractor license, valid lead abatement project designer license, or valid lead abatement worker license, until the lead hazard control order has been lifted;

(15) Perform a clearance examination on a residential unit, child day-care facility, or school where lead hazard control orders have been issued pursuant to rule 3701-30-09 of the Administrative Code without a valid lead risk assessor or valid lead inspector license, until the lead hazard control order has been lifted;

(16) Interfere with an investigation conducted by the director or a board of health in accordance with section 3742.35 of the Revised Code;

(17) Perform interim controls without complying with 24 C.F.R. Part 35;

(18) Use an encapsulation product for the purposes of lead abatement that has not been approved by the director pursuant to section 3742.03(H) of the Revised Code and rule 3701-32-13 of the Administrative Code;

(19) Use the services of an environmental lead analytical laboratory that has not been approved by the director pursuant to section 3742.09 of the Revised Code and rule 3701-82-02 of the Administrative Code;

(20) Provide or offer to provide analysis of lead content in air, dust, soil, paint film or other substances, for the purposes of meeting the requirements of Chapter 3742. of the Revised Code and Chapter 3701-32 of the Administrative Code unless that person is approved by the director as an environmental lead analytical laboratory or employed by an environmental lead analytical laboratory approved by the director;

(21) Provide or offer to provide analysis of lead content in blood, for the purpose of meeting the requirements of Chapter 3742. of the Revised Code and Chapters 3701-30 and 3701-32 of the Administrative Code unless that person is approved by the director as a clinical laboratory or employed by a clinical laboratory approved by the director; and

(22) Perform lead training for licensing purposes without a valid approval from the director.

(B) The director may issue an immediate cease work order to a person licensed pursuant to this chapter if the director determines that the license holder is violating the terms or conditions of the license in a manner that endangers or materially impairs the health or well-being of an occupant of a residential unit, child day-care facility, or school or a person employed to perform lead abatement.

(C) If applicable, anyone engaging in lead abatement or non-abatement shall comply with Chapter 3714. of the Revised Code and rules in Chapter 3745-400 of the Administrative Code for construction and demolition debris; Chapter 3734. of the Revised Code and the rules adopted thereunder, including Chapters 3745-50 to 3745-57, 3745-65 to 3745-69, 3745-218, 3745-248 and 3745-270 of the Administrative Code for hazardous waste; Chapter 3745-27 of the Administrative Code for solid waste; and Chapter 3745-29 of the Administrative Code for industrial solid waste landfills.

(D) No person shall violate any provision of Chapter 3742. of the Revised Code or this chapter of the Administrative Code.

HISTORY: Eff 12-30-94 (Emer.); 4-9-95; 3-21-98; 4-1-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 3742.02, 3742.03

Rule amplifies: RC 3742.04 through 3742.19, 3742.30 through 3742.51, 3742.99

RC 119.032 review dates: 2/28/03, 2/1/08, 4/1/09

3701-32-04 General application procedures and provisions for clearance technician, lead inspector, lead risk assessor, lead abatement contractor, lead abatement worker or lead abatement project designer.

(A) To apply for a license as a clearance technician, lead inspector, lead risk assessor, lead abatement contractor, lead abatement worker, or lead abatement project designer an individual shall:

(1) Submit a complete application to the director, on forms prescribed by the director, for each discipline in which the applicant desires to receive a license;

(2) Pay to the director the following non-refundable, biennial license fee by check or money order payable to “Treasurer, State of Ohio” :

(a) For a clearance technician license, two hundred and fifty dollars;

(b) For a lead inspector license, two hundred and fifty dollars;

(d) For a lead abatement worker license, fifty dollars;

(e) For a lead abatement contractor license, five hundred dollars; or

(f) For a lead abatement project designer license, five hundred dollars.

(3) Pass any required examination; and

(4) Comply with any procedure the director has in place to implement a system under which a license contains picture identification.

(B) In the case of an applicant for an initial lead activity license, the director shall:

(1) Notify the applicant of any deficiency and/or needed modification to the application; and

(2) Notify the applicant of the approval of the application for licensure within thirty calendar days of the date the applicant complies with the requirements of Chapter 3701-32 of the Administrative Code.

(C) An individual is exempt from taking the course of instruction, approved by the director pursuant to section 3742.08 of the Revised Code and rule 3701-82-01 of the Administrative Code, on lead activities specific for the discipline for which the individual is applying, if the individual meets one of the following:

(1) The individual is certified by the American board of industrial hygiene as an industrial hygienist or as an industrial hygienist-in-training; or

(2) The individual is registered as a sanitarian or sanitarian-in-training pursuant to Chapter 4736. of the Revised Code.

(D) The individual must furnish documentation of their exempt status before the director shall approve the application.

(E) An individual who is licensed, certified, or otherwise approved pursuant to the laws of another state to perform functions substantially similar to those of a lead abatement contractor, lead inspector, clearance technician, lead risk assessor, lead abatement project designer, or lead abatement worker may apply to the director for licensure. The director shall license the applicant upon a determination that the standards for licensure or approval in the other state are substantially equivalent to those set forth in Chapter 3742. of the Revised Code and Chapter 3701-32 of the Administrative Code, and upon payment of the fee set forth in paragraph (A)(2) of this rule. The director may require the applicant to pass an examination before licensing the applicant pursuant to this paragraph. Individuals licensed pursuant to this paragraph are subject to the same duties and requirements for renewal as other individuals licensed pursuant to Chapter 3742. of the Revised Code and Chapter 3701-32 of the Administrative Code.

(F) Any individual approved for licensure pursuant to this rule, shall comply with the deadline for obtaining their license according to this paragraph or their approval for licensure shall expire. The deadline for obtaining the license is as follows:

(1) For any individual who has successfully completed an approved training course in the past twelve-month period, one year after the last day of the required training course;

(2) For any individual who is exempt from the training requirements, one year from the date the application is approved by the director; or

(3) For any candidate applying for licensure pursuant to paragraph (E) of this rule, the expiration date of the other state’s license.

(G) At the exam, the applicant shall provide photographic proof of identity, and any other identification that the director chooses to require, to the director or the director’s designated examination administrator upon request.

(H) To renew a license, all individuals shall:

(1) Successfully complete the appropriate refresher course. A lead abatement worker may take a lead abatement contractor refresher course in lieu of a lead abatement worker refresher course and a lead inspector may take a lead risk assessor refresher course in lieu of a lead inspector refresher course;

(2) Submit a copy of the refresher course completion certificate, as required;

(3) Submit a complete application, on forms prescribed by the director, specific for renewal, and pay the biennial fee set forth in paragraph (A)(2) of this rule;

(4) Comply with any procedure that the director has in place to establish proof of licensure; and

(5) Except for clearance technicians, who shall complete a refresher course every four years, complete a refresher course during the year prior to the expiration date of his or her license.

(I) An application to renew a lead activity license submitted after the expiration date of the current license shall be approved by the director with the following restrictions:

(1) The renewed license shall have an expiration date of two years from the expiration date of the previous license;

(2) The renewal license fee shall not be prorated; and

(3) A license that has been expired for more than two years shall not be renewed.

(J) To replace a license, an individual shall:

(1) Submit a complete application to the director, on forms prescribed by the director, specific for a replacement license; and

(2) The individual shall pay the fee for replacement of proof of licensure by check or money order payable to the “Treasurer, State of Ohio” as follows:

(a) For a lead abatement contractor license, one hundred dollars;

(b) For a lead abatement project designer license, one hundred dollars;

(d) For a lead risk assessor license, fifty dollars;

(e) For a lead abatement worker license, twenty-five dollars; or

(f) For a clearance technician license, fifty dollars.

(K) Subject to Chapter 119. of the Revised Code, the director may refuse to issue or renew, or may suspend or revoke a license, if the licensee or applicant for the license:

(1) Has obtained or attempted to obtain:

(a) Training documentation through fraudulent means;

(b) Admission to or completion of an approved training program through misrepresentation of admission requirements;

(d) A license by misrepresenting related documents pertaining to education, training, professional registration, or experience; or by submitting fraudulent or deceptive information on an application for licensure;

(e) A license without payment of the licensing examination fee; or

(f) A license by cheating on the licensure examination;

(2) Fails at any time to meet the qualifications for a license;

(3) Violates or has violated any provision of Chapter 3742. of the Revised Code, Chapter 3701-32 of the Administrative Code, or federal or local lead-based paint or lead hazard statutes or regulations;

(4) Permits another individual to duplicate or use his or her proof of identity or licensure, evidence of training or examination documents;

(5) Performs lead activities without the appropriate license, or without having proof of licensure available for inspection at the job-site;

(6) Fails to maintain required records pursuant to Chapter 3701-32 of the Administrative Code;

(7) Interferes with an investigation conducted pursuant to section 3742.35 of the Revised Code; or

(8) Employs or authorizes use of lead abatement personnel that are not licensed pursuant to this chapter.

(L) Each license or license renewal issued pursuant to Chapter 3701-32 of the Administrative Code expires two years after the date of issuance.

(M) The director shall issue only one license for each licensing discipline to any individual.

(N) Anyone licensed pursuant to Chapter 3701-32 of the Administrative Code shall notify the director of any change of his or her home address within two weeks after the change.

(O) Anyone licensed pursuant to Chapter 3701-32 of the Administrative Code shall carry proof of licensure on their person, or have proof of licensure available on site when performing a lead activity.

HISTORY: Eff 12-30-94; 5-11-95; 10-6-95 (Emer.); 11-23-95; 3-21-98; 4-1-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 3742.03

Rule amplifies: RC 3742.04, 3742.05, 3742.08, 3742.10, 3742.16, 3742.17, 3742.19, 3742.20

RC 119.032 review dates: 2/28/03, 2/1/08, 4/1/09

3701-32-05 Clearance technician application content, qualifications and standards of conduct.

(A) A clearance technician is licensed to perform clearance examinations on non-abatement projects only.

(B) A clearance technician shall not perform or provide advice on lead inspections, lead-based paint sampling, lead risk assessments, lead hazard screen risk assessments, other lead assessment activities, design lead abatement projects, prepare pre-abatement plans for designed abatement projects, prepare specifications for a lead abatement project, act as a lead abatement contractor, or perform lead abatement activities, lead-safe renovation or essential maintenance practices.

(C) A clearance technician shall not perform a clearance examination at a residential unit, child day-care facility or school for the purpose of determining compliance with a lead hazard control order issued pursuant to rule 3701-30-09 of the Administrative Code.

(D) To apply for a license as a clearance technician, an individual shall:

(1) Submit a complete application to the director, on forms prescribed by the director;

(2) Pay the fee required by rule 3701-32-04 of the Administrative Code; and

(3) Comply with any procedure the director has in place to implement a system under which a license contains picture identification.

(E) To qualify for a clearance technician license, an individual shall:

(1) Successfully complete the initial course of instruction on lead activities for the clearance technician discipline, approved by the director pursuant to section 3742.08 of the Revised Code and rule 3701-82-01 of the Administrative Code, unless one of the following apply:

(a) The individual successfully completed a course of instruction on lead activities for the clearance technician discipline after December 31, 2001 and before April 7, 2004, conducted by a training provider approved pursuant to section 3742.08 of the Revised Code and rule 3701-82-01 of the Administrative Code and the individual’s licensure application has been received no later than 180 days after the effective date of this rule. The individual shall pass the licensure examination no later than 180 days after the director’s authorization. Failure to meet the time frame will result in the expiration of the director’s authorization;

(b) The individual is seeking licensure based on licensure with another state, pursuant to paragraph (D) of rule 3701-32-04 of the Administrative Code; or

(c) The individual is a certified industrial hygienist, industrial hygienist-in-training, registered sanitarian, or sanitarian-in-training pursuant to paragraph (C) of rule 3701-32-04 of the Administrative Code.

(2) Except as provided in Paragraph (D) of rule 3701-32-04 of the Administrative Code, pass an examination approved by the director.

(F) The director shall not approve an application for a clearance technician license until the individual submits a complete application on forms prescribed by the director, pays the fee set forth in rule 3701-32-04 of the Administrative Code, and provides documentation demonstrating the individual meets the requirements of this rule.

(G) A non-abatement clearance examination may be conducted by a clearance technician. The clearance technician shall comply with the requirements set forth in rule 3701-32-12 of the Administrative Code when performing a non-abatement clearance examination.

(H) A clearance technician shall prepare a report for each non-abatement clearance examination performed. Each report shall be written in a format as prescribed by the director and shall comply with rules 3701-32-12 and 3701-32-15 of the Administrative Code.

HISTORY: Eff 12-30-94 (Emer.); 4-9-95; 3-21-98; 6-19-03; 4-1-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 3742.03

Rule amplifies: RC 3742.02, 3742.04, 3742.05, 3742.08, 3742.10, 3742.14, 3742.15, 3742.16, 3742.17, 3742.39

RC 119.032 review dates: 2/28/03, 6/01/08, 4/1/09

3701-32-06 Lead inspector application content, qualifications, and standards of conduct.

(A) A lead inspector is licensed to perform lead inspections, lead-based paint sampling and clearance examinations.

(B) A lead inspector shall not perform lead risk assessments, lead hazard screen risk assessments, other lead assessment activities, design lead abatement projects, prepare pre-abatement plans, act as an abatement contractor, or perform lead abatement, lead-safe renovation, or essential maintenance practices.

(1) Submit a complete application to the director, on forms prescribed by the director;

(2) Pay the fee required by rule 3701-32-04 of the Administrative Code; and

(3) Comply with any procedure the director has in place to implement a system under which a license contains picture identification.

(D) To qualify for a lead inspector license, an individual shall:

(1) Except as provided in paragraphs (C) and (E) of rule 3701-32-04 of the Administrative Code, successfully complete the initial course of instruction on lead activities for the lead inspector discipline, approved by the director pursuant to section 3742.08 of the Revised Code and rule 3701-82-01 of the Administrative Code; and

(2) Except as provided in paragraph (E) of rule 3701-32-04 of the Administrative Code, pass an examination approved by the director.

(E) The director shall not approve an application for a lead inspector license until the individual submits a complete application on forms prescribed by the director, pays the fee specified in rule 3701-32-04 of the Administrative Code, and provides documentation demonstrating the individual meets the requirements of this rule.

(F) A lead inspector shall perform a lead inspection according to the procedures in Chapter 7 of the HUD guidelines. In addition, the lead inspector shall:

(1) Submit any paint-chip samples collected to an environmental lead analytical laboratory approved pursuant to rule 3701-82-02 of the Administrative Code for lead concentration analysis; and

(2) Prepare a lead inspection report for every lead inspection performed. Each lead inspection report shall be written in a format prescribed by the director and shall comply with the requirements in rule 3701-32-15 of the Administrative Code. The lead inspection report shall contain the following:

(a) Date of the lead activity;

(b) Address, unit number, and date of construction of the residential unit, child day-care facility or school;

(c) Name, address, and telephone number of the owner or manager of the residential unit, child day-care facility or school;

(d) Name, license number, and signature of the lead inspector conducting the testing and the name, address, and telephone number of the firm employing each lead inspector;

(e) 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;

(f) Each testing device and/or sampling procedure employed, and if an x-ray fluorescence analyzer (XRF) is used, its serial number;

(g) Specific locations of all surfaces or components tested or sampled;

(h) The results of the lead inspection expressed in terms appropriate to the sampling method used;

(i) The statement specified in paragraph (E) of rule 3701-32-15 of the Administrative Code displayed at the top of the report in bold letters; and

(j) When no lead-based paint is identified in a residential unit, the following statement in bold letters, “the results of this lead inspection indicate no lead in amounts greater than or equal to 1.0 mg/cm 2 , 0.5 percent by weight, or 5,000 parts per million by weight, in paint was found on any building components of the residential unit using the lead inspection protocol in Chapter 7 of the HUD guidelines. Therefore, this residential unit qualifies for the exemption in 24 CFR part 35 and 40 CFR part 745 for target housing being leased is free of lead-based paint as defined in rule 3701-32-01 of the Administrative Code. However, some painted surfaces may contain levels of lead below 1.0 mg/cm 2 , 0.5 percent by weight, or 5,000 parts per million by weight which could create lead dust or lead-contaminated soil hazards if the paint is turned into dust by abrasion, scraping, or sanding. This report should be kept by the lead inspector and should also be kept by the owner and all future owners for the life of the structure or dwelling.”

(G) A lead inspector shall comply with the requirements stated in rule 3701-32-12 of the Administrative Code when performing a clearance examination and preparing a clearance examination report.

HISTORY: Replaces: 3701-32-02, 3701-32-04; Eff 12-30-94 (Emer.); 4-9-95; 3-21-98; 4-1-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 3742.03

Rule amplifies: RC 3742.02, 3742.04, 3742.05, 3742.08, 3742.10, 3742.13, 3742.15, 3742.16, 3742.17, 3742.39

RC 119.032 review dates: 2/28/03, 2/1/08, 4/1/09

3701-32-07 Lead risk assessor application content, qualifications and standards of conduct.

(A) A lead risk assessor is licensed to conduct lead inspections, lead-based paint sampling, clearance examinations, lead risk assessments, lead hazard screen risk assessments, other lead assessment activities, or identify lead hazard control strategies to reduce or eliminate lead exposures.

(B) A lead risk assessor shall not design lead abatement projects, prepare pre-abatement plans, write lead abatement specifications, act as an abatement contractor, or perform lead abatement, lead-safe renovation or essential maintenance practices.

(1) Submit a complete application to the director, on forms prescribed by the director;

(2) Pay the fee required by rule 3701-32-04 of the Administrative Code; and

(3) Comply with any procedure the director has in place to implement a system under which license certificates contain picture identification.

(D) To qualify for a lead risk assessor license, an individual shall:

(1) Successfully complete the initial course of instruction on lead activities for the lead risk assessor discipline, approved by the director pursuant to section 3742.08 of the Revised Code and rule 3701-82-01 of the Administrative Code, unless the individual is a certified industrial hygienist, industrial hygienist-in-training, registered sanitarian or sanitarian-in-training pursuant to paragraph (C) of rule 3701-32-04 of the Administrative Code;

(2) Meet or exceed one of the following:

(a) Be certified, licensed, or registered as an industrial hygienist, engineer, architect, or possess certification in a related field;

(b) Have a bachelor’s degree from an accredited college or university and one year experience in lead, asbestos, other environmental remediation work, or building construction;

(c) Have an associate’s degree from an accredited college or university and two years experience in lead, asbestos, other environmental remediation work, or building construction; or

(d) Have a high school diploma or equivalent and three years experience in lead, asbestos, other environmental remediation or building construction; and

(3) Pass an examination approved by the director.

(E) An individual licensed, certified or approved pursuant to the laws of another state for the lead risk assessor discipline is exempt from the requirements of paragraph (D) of this rule of the Administrative Code.

(F) The following documents shall be recognized by the director as proof of meeting the experience and education requirements for the lead risk assessor discipline:

(1) Certified academic transcripts as proof of meeting any educational requirements;

(2) Resumes, letters of reference, certification or licensure in another state, documentation of work experience, a personal affirmation, or copies of inspection reports as proof of meting the work experience requirements; and

(3) Certificates from lead-specific or other related training courses as proof of meeting the training requirements.

(G) The director shall not approve an application for a lead risk assessor license until the individual submits a complete application on forms prescribed by the director, pays the fee specified in rule 3701-32-04 of the Administrative Code, and provides documentation demonstrating the individual meets the requirements of this rule.

(H) For all lead activities performed by a lead risk assessor, the lead risk assessor, when applicable, shall:

(1) Submit any paint-chip, soil or air samples collected for lead concentration analysis to an environmental lead analytical laboratory approved pursuant to rule 3701-82-02 of the Administrative Code;

(2) Submit any dust samples collected for lead loading analysis to an environmental lead analytical laboratory approved pursuant to rule 3701-82-02 of the Administrative Code;

(3) Submit any water samples collected for lead concentration analysis to a laboratory approved pursuant to Chapter 3745-89 of the Administrative Code;

(4) Use documented methodologies incorporating adequate quality control procedures when collecting environmental samples;

(5) Use single-surface sampling techniques only, unless the lead risk assessor can provide quality control data from the approved environmental lead analytical laboratory analyzing the sample, indicating proficiency for composite dust samples collected from window sills, window troughs and floors and is able to achieve a minimum detection limit of 20 micrograms per square foot of sample area. Each composite dust sample shall be compared with the applicable clearance standard set forth in rule 3701-32-19 of the Administrative Code divided by half the number of sub-samples in the composite sample. No more than four sub-samples shall be included in one composite sample;

(6) Use an acceptable wipe material as defined by American society for testing and materials (ASTM) E 1792, “Standard specification for wipe sampling materials for lead in surface dust” as listed on the Ohio department of health website located at www.odh.state.oh.us; and

(7) For environmental samples, use the lead hazard levels set forth in rule 3701-32-19 of the Administrative Code to determine whether lead-based paint or lead hazards have been identified.

(I) A lead risk assessor shall perform a lead inspection according to the procedures in Chapter 7 of the HUD guidelines. In addition, the lead risk assessor shall:

(1) Prepare a written lead inspection report for each lead inspection performed. Each lead inspection report shall be written in a format prescribed by the director and shall comply with the requirements in rule 3701-32-15 of the Administrative Code. The lead inspection report shall contain the following:

(a) Date of the lead activity;

(b) Address, unit number, and date of construction of the residential unit, child day-care facility or school;

(c) Name, address, and telephone number of the owner or manager of the residential unit, child day-care facility or school;

(d) Name, license number, and signature of the lead risk assessor conducting the testing and the name, address, and telephone number of the firm employing each lead risk assessor;

(f) Each testing device and/or sampling procedure employed, and if an x-ray fluorescence analyzer (XRF) is used, its serial number;

(g) Specific locations of all surfaces or components tested or sampled;

(h) The results of the lead inspection expressed in terms appropriate to the sampling method used;

(i) The statement specified in paragraph (E) of rule 3701-32-15 of the Administrative Code displayed at the top of the report in bold letters; and

(j) When no lead-based paint is identified in a residential unit, the following statement in bold letters, “the results of this inspection indicate no lead in amounts greater than or equal to 1.0 mg/cm 2 , 0.5 percent by weight, or 5,000 parts per million by weight in paint was found on any building components of the residential unit using the inspection protocol in Chapter 7 of the HUD guidelines. Therefore, this residential unit qualifies for the exemption in 24 CFR part 35 and 40 CFR part 745 for target housing being leased is free of lead-based paint, as defined in rule 3701-32-01 of the Administrative Code. However, some painted surfaces may contain levels of lead below 1.0 mg/cm 2 , 0.5 percent by weight, or 5,000 parts per million by weight, which could create lead dust or lead-contaminated soil hazards if the paint is turned into dust by abrasion, scraping, or sanding. This report should be kept by the lead risk assessor and should also be kept by the owner and all future owners for the life of the structure or dwelling.”

(J) A lead risk assessor shall perform a lead hazard screen risk assessment according to the procedures in Chapter 5 of the HUD guidelines. In addition, the lead risk assessor shall:

(1) Collect background information regarding the physical characteristics and occupant use patterns in the residential unit, child day-care facility or school that may cause lead-based paint exposure to one or more children under six years of age;

(2) When conducting a lead hazard screen risk assessment:

(a) Conduct a visual assessment of the residential unit, child day-care facility or school to determine whether any deteriorated paint is present and locate at least two dust sampling locations;

(b) Test each interior and exterior surface with deteriorated paint;

(i) In a single-family residential unit the lead risk assessor shall collect one dust sample from the floor and one dust sample from the window sill, in rooms, hallways, and stairwells, where one or more children, under six years of age, are most likely to come in contact with dust; and

(ii) In a multi-family residential unit or child day-care facility, or school, the lead risk assessor shall collect, in addition to floor and window samples specified in paragraph (H)(2)(c)(i) of this rule, a dust sample from common areas where one or more children, under six years of age, are most likely to come into contact with dust.

(d) Prepare a written lead hazard screen risk assessment report for each lead hazard screen risk assessment performed. Each lead hazard screen risk assessment report shall be written in a format prescribed by the director and shall comply with the requirements set forth in rule 3701-32-15 of the Administrative Code. The lead hazard screen risk assessment report shall contain all of the following:

(i) Date of the lead activity;

(ii) Address, unit number, and date of construction of the residential unit, child day-care facility or school;

(iii) Name, address, and telephone number of the owner or manager of the residential unit, child day-care facility or school;

(iv) Name, license number, and signature of the lead risk assessor conducting the lead hazard screen risk assessment and the name, address, and telephone number of the firm employing each lead risk assessor;

(v) 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;

(vi) Results of the visual assessment, and results of any sampling analysis performed during the course of the lead hazard screen risk assessment;

(vii) The testing method and sampling procedure for paint analysis employed and the specific locations of each component tested for the presence of lead;

(viii) All data collected form on-site testing, including quality control data and, if an XRF is used, its serial number;

(ix) Any recommendations for follow-up lead risk assessments or for further actions to remediate the lead hazards, if warranted; and

(x) The statement prescribed in paragraph (E) of rule 3701-32-15 of the Administrative Code prominently displayed at the top of the report in bold letters.

(K) A lead risk assessor shall perform a lead risk assessment according to the procedures in Chapter 5 of the HUD guidelines. The lead risk assessor, as part of the risk assessment, shall:

(1) Complete a questionnaire prescribed by the director;

(2) Review any previous testing reports, if available. The lead risk assessor may use the previous testing results in lieu of further testing if the previous testing results are found to be reliable according to Chapter 5 of the HUD guidelines;

(3) Perform a visual assessment of the interior and exterior of the residential unit, child day-care facility or school. During the visual assessment, identify, on forms prescribed by the director, all of the following:

(a) Overall building condition;

(b) Areas of bare soil;

(d) Painted surfaces that are impact points or subject to friction; and

(e) Chewable surfaces.

(4) Test the following by means of paint-chip sample analysis or XRF analysis:

(a) Each impact, friction and chewable surface; and

(b) All other interior or exterior surfaces with deteriorated paint;

(5) In residential units, dust samples shall be collected from living areas, in a minimum of four rooms, hallways or stairs. Sampling priority shall be given to those rooms where one or more children under six years of age are most likely to come into contact with dust. Collect dust samples for lead loading analysis from the interior window sill and floor in a minimum of four rooms, hallways or stairs. If there are less than four rooms, hallways, or stairs, all rooms in the residential unit shall be sampled. In addition, the lead risk assessor shall always collect a dust sample from inside the principal entryway of the home. A minimum of nine dust samples shall be taken from each residential unit;

(6) In multi-family residential units, perform, at a minimum, sampling in the following locations:

(a) The areas required in paragraphs (K)(4) and (K)(5) of this rule;

(b) Common areas adjacent to the sampled residential unit;

(c) Other common areas in the building where the lead risk assessor determines one or more children, under six years of age, are likely to come into contact with dust; and

(d) The main entryway of each building;

(7) In child day-care facilities or schools, collect dust samples for lead loading analysis from an interior window sill and floor. At a minimum, dust samples shall be collected from each room, hallway, or stairwell and other common areas in the child day-care facility or school. A lead risk assessor shall:

(a) For spaces up to 2,000 square feet:

(i) Collect at least two dust samples from floors located in widely separated locations in “high traffic” areas regularly used or accessible to children under six years of age;

(ii) Collect at least two dust samples from interior sills;

(b) For spaces over 2,000 square feet:

(i) In addition to the samples required by paragraph (K)(7)(a)(i) of this rule, collect one additional dust sample from floors for each additional area of 2,000 square feet;

(ii) In addition to the samples required by paragraph (K)(7)(a)(ii) of this rule, collect one additional dust sample from alternating windows sills for each additional floor area of 2,000 square feet, unless all the windows in the space were sampled as part of the “up to 2,000 square feet” dust sampling procedure. For example, a room with a floor area of 2,300 square feet and three windows will require 3 floor dust samples (2 for the area up to and including 2,000 square feet and 1 additional sample for the additional 300 square feet) and 3 interior window sill dust samples (1sample from each of the first two windows and 1 additional sample for the additional 300 square feet of floor area);

(8) Collect soil samples for lead concentration analysis from a residential unit, child day-care facility or school. The samples shall be collected from the following locations:

(a) Exterior play areas where bare soil is present; and

(b) Exterior non-play areas where bare soil is present, including the building foundation and drip line areas;

(9) Collect water samples for lead concentration analysis, if warranted; and

(10) Prepare a written lead risk assessment report for each lead risk assessment performed. Each lead risk assessment report shall be written in a format prescribed by the director and shall comply with the requirements set forth in rule 3701-32-15 of the Administrative Code. The lead risk assessment report shall contain all of the following:

(a) The information specified in paragraphs (J)(2)(d)(i) to (J)(2)(d)(viii) of this rule;

(b) When assessing a residential unit, child day-care facility or school, background information regarding the physical characteristics and occupant use patterns that may cause lead hazard exposure to one or more children under six years of age;

(c) Results of the lead loading analysis of dust samples, in micrograms per square foot, by location of sample recorded on a diagram of the floor plan of the residential unit, child day-care facility or school;

(d) Results of the lead concentration analysis of soil samples, in parts per million, by location of sample recorded on a plot plan of the residential unit, child day-care facility or school;

(e) Results of the lead concentration analysis of water samples, in parts per billion;

(f) A description of the location and type of identified lead hazards;

(g) A description of recommended non-abatement and/or abatement options for each identified lead hazard and suggested prioritization for addressing each hazard. If the use of an encapsulant, enclosure, or non-abatement option is recommended, the lead risk assessment report shall recommend a maintenance and monitoring schedule for the encapsulation, enclosure or non-abatement to maintain control of each lead hazard identified; and

(h) The statement prescribed in paragraph (E) of 3701-32-15 of the Administrative Code prominently displayed at the top of the report in bold letters.

HISTORY: Replaces: 3701-32-02, 3701-32-04; Eff 12-30-94 (Emer.); 4-9-95; 3-21-98; 6-19-03; 4-1-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 3742.03

Rule amplifies: RC 3742.02, 3742.04, 3742.05, 3742.06, 3742.071 3742.08, 3742.10, 3742.14, 3742.15, 3742.16, 3742.17, 3742.20, 3742.35, 3742.36, 3742.37, 3742.39, 3742.40, 3742.50

RC 119.032 review dates: 2/28/03, 6/01/08, 4/1/09

3701-32-08 Lead abatement contractor application content, qualifications and standards of conduct.

(A) A lead abatement contractor is licensed to conduct lead abatement on residential units, child day-care facilities and schools and/or the soil surrounding them, provide professional advice regarding lead abatement, supervise one or more lead abatement workers, and write pre-abatement plans and lead abatement specifications. The lead abatement contractor may perform lead-safe renovation, essential maintenance practices, interim controls, and paint stabilization.

(B) A lead abatement contractor shall not perform or provide advice on lead inspections, lead-based paint sampling, clearance examinations, lead risk assessments, other lead assessment activity, or lead hazard screen risk assessments.

(1) Submit a complete application to the director, on forms prescribed by the director;

(2) Pay the fee required by rule 3701-32-04 of the Administrative Code; and

(3) Comply with any procedure the director has in place to implement a system under which a license contains picture identification.

(D) To qualify for a lead abatement contractor license, an individual shall:

(1) Successfully complete the initial course of instruction on lead activities for the lead abatement contractor discipline, approved by the director pursuant to section 3742.08 of the Revised Code and rule 3701-82-01 of the Administrative Code, unless the individual is a certified industrial hygienist, industrial hygienist-in-training, registered sanitarian or sanitarian-in-training pursuant to paragraph (C) of rule 3701-32-04 of the Administrative Code;

(2) Have at least one year experience as a lead abatement worker or at least two years experience in asbestos, lead abatement, radon or other environmental remediation or building construction; and

(3) Pass an examination approved by the director.

(E) An individual who is licensed, certified or approved pursuant to the laws of another state for the lead abatement contractor discipline is exempt from the requirements of paragraph (D) of this rule.

(F) The following documents shall be recognized by the director as proof of meeting the experience requirements for the lead abatement contractor discipline:

(1) Certified academic transcripts as proof of meeting any educational requirements;

(3) Certificates from lead-specific or other related training courses as proof of meeting the training requirements.

(G) The director shall not approve an application for a lead abatement contractor license until the individual submits a complete application on forms prescribed by the director, pays the fee specified in rule 3701-32-04 of the Administrative Code, and provides documentation demonstrating the individual meets the requirements of this rule.

(H) A lead abatement contractor or lead abatement project designer shall be designated for each lead abatement project.

(I) The designated lead abatement contractor or lead abatement project designer shall be present at the worksite during worksite preparation and during the post-abatement clean-up of the work areas. At any other time lead abatement is conducted, the designated contractor or designer shall be present at the worksite or shall be able to be present at the worksite within two hours. If not present at the worksite, the designated contractor or designer shall be available for immediate consultation by telephone, pager, or answering service and shall do the following:

(1) Prior to engaging in any lead abatement project, prepare a written respiratory protection plan in accordance with 29 C.F.R. 1910.134 and make the plan available to the director and all lead abatement workers at the project site upon request;

(2) Be responsible for ensuring all lead abatement is conducted in accordance with the procedures in Chapters 8, 9, 11, 12, and 13 of the HUD guidelines;

(3) Notify the director, on a form prescribed by the director, at least ten calendar days prior to the commencement of a project, of the date and place a lead abatement project will commence. The designated lead abatement contractor or lead abatement project designer shall immediately notify the director in writing of any changes rendering the notice inaccurate;

(4) Prepare a written pre-abatement plan prior to conducting a lead abatement project. The plan shall be unique to each project and shall be maintained at the work site during the lead abatement. The plan shall contain the following components:

(a) A written occupant protection plan describing protection measures and management procedures that will be taken to protect individuals from exposure to lead hazards. All measures undertaken shall comply with the procedures in Chapter 8 of the HUD guidelines;

(b) A written compliance plan describing protection measures and management procedures that will be taken to protect lead abatement personnel from exposure to lead hazards. The written compliance plan shall comply with the format as written in Chapter 9 of the HUD guidelines;

(d) A hazard communication plan as required in 29 C.F.R. 1910.59.

(5) Ensure all abatement activities are conducted according to the requirements of all applicable federal, state, and local regulations;

(6) Use only encapsulants approved by the director pursuant to rule 3701-32-13 of the Administrative Code when performing encapsulation and apply in accordance with the procedures in Chapter 13 of the HUD guidelines;

(7) Ensure each lead abatement worker, lead abatement contractor, or lead abatement project designer who is or will be involved in a lead abatement project has been examined by a physician within the preceding calendar year and has been declared by the physician to be physically capable of working while wearing a respirator. The designated lead abatement contractor or lead abatement project designer shall maintain copies of the physician’s written documentation at each lead abatement project;

(8) Not provide advice on the need for lead abatement and then participate in a lead abatement project resulting from the advice unless either of the following applies:

(a) The person is employed as a member of the staff of the owner or manager of the property on which the lead abatement is to be performed;

(b) A written contract for lead abatement is entered into stating both of the following:

(i) The person was involved in the lead testing or in the provision of professional advice, leading to the lead abatement contract; and

(ii) The party contracting for the lead abatement services should obtain a second opinion to verify any lead test results and assure the proposed lead abatement or project design is appropriate;

(9) Ensure none of the following prohibited methods are utilized:

(a) Open-flame burning, torching or charring of lead-based paint;

(b) Machine sanding or grinding or abrasive blasting or sandblasting lead-based paint unless the machine used is equipped with a high efficiency particulate air (HEPA) exhaust control which removes particles of 0.3 microns or larger from the air at 99.97 percent or greater efficiency;

(d) Dry scraping lead-based paint unless the scraping is done in conjunction with heat guns or around electrical outlets or when treating defective paint spots totaling no more than two square feet in any one room, hallway, or stairwell, or totaling no more than twenty square feet on exterior surfaces;

(e) Use of a heat gun on lead-based paint above one thousand one hundred degrees Fahrenheit;

(f) Uncontained hydro-blasting or high pressure washing of lead-based paint; or

(g) Paint stripping in a poorly ventilated space using a volatile stripper considered a hazardous substance pursuant to 16 C.F.R 1500.3 or a hazardous chemical pursuant to 29 C.F.R. 1910.1200 or 29 C.F.R. 1926.59;

(10) Ensure all persons involved in a lead abatement project follow the worker protection standards pursuant to 29 C.F.R. 1926.62 by the United States occupational safety and health administration;

(11) Ensure each employee or agent who will come in contact with lead hazards or will be responsible for a lead abatement project receives a license and appropriate training as required by this Chapter before participating in a lead abatement project;

(12) Ensure post-abatement cleaning is performed at the lead abatement project of the residential unit, child day-care facility or school according to the procedures in Chapter 14 of the HUD guidelines;

(13) Ensure a lead risk assessor or lead inspector performs a clearance examination of the residential unit, child day-care facility or school according to the procedures set forth in rule 3701-32-12 of the Administrative Code. If the results of the clearance examination indicate lead levels are at or above the clearance standards set forth in rule 3701-32-19 of the Administrative Code, the designated lead abatement contractor or lead abatement project designer shall ensure the components represented by the failed sample(s) are re-cleaned. A lead risk assessor or lead inspector shall perform additional clearance examination(s) to ensure the residential unit, child day-care facility or school meets the clearance standards; and

(14) Prepare a written lead abatement project report for each lead abatement project conducted. The report shall be written in a format prescribed by the director and shall comply with the requirements of rule 3701-32-15 of the Administrative Code. The written report shall contain the following information concerning the lead abatement project:

(a) Start and completion dates of the abatement;

(b) Address, unit number, and date of construction of the residential unit, child day-care facility or school;

(d) Name and address of each firm conducting the abatement, the name of the designated lead abatement contractor or lead abatement project designer, and the name(s) of other lead abatement contractor(s) or lead abatement project designers present at the abatement project;

(e) A detailed written description of the abatement, including the abatement methods used, location of rooms and/or components where abatement occurred, and the reason for selecting particular abatement methods for each component abated, and any suggested monitoring of encapsulants or enclosures.

(f) The occupant protection portion of the pre-abatement plan as required in paragraph (I)(4)(a) of this rule;

(g) The written compliance plan portion of the pre-abatement plan as required in (I)(4)(b) of this rule;

(h) A copy of all clearance examination reports as required by rule 3701-32-12 of the Administrative Code;

(i) If applicable, information on the storage, transport and disposal of any hazardous waste generated during the abatement;

(j) Name, license number, and address of each lead abatement project designer who prepared the pre-abatement plan for the lead abatement project, if any; and

(k) The statement prescribed in paragraph (E) of rule 3701-32-15 of the Administrative Code prominently displayed at the top of the report in bold letters.

HISTORY: Replaces: 3701-32-02, 3701-32-04; Eff 4-9-95; 3-21-98; 4-1-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 3742.03

Rule amplifies: RC 3742.02, 3742.04, 3742.05, 3742.06, 3742.07, 3742.071, 3742.08, 3742.10, 3742.15, 3742.16, 3742.17, 3742.20, 3742.46, 3742.50

RC 119.032 review dates: 2/28/03, 2/1/08, 4/1/09

3701-32-09 Lead abatement worker application content, qualifications and standards of conduct.

(A) A lead abatement worker is licensed to perform lead abatement. A lead abatement worker may perform lead-safe renovation, essential maintenance practices, interim controls and paint stabilization in a residential unit, child day-care facility or school.

(B) A lead abatement worker shall not supervise lead abatement, perform or provide advice on lead inspections, lead-based paint sampling, clearance examinations, lead risk assessments, lead hazard screen risk assessments and other lead assessment activity, design lead abatement projects, or prepare pre-abatement plans.

(1) Submit a complete application to the director, on forms prescribed by the director;

(2) Pay the fee required by rule 3701-32-04 of the Administrative Code; and

(3) Comply with any procedure the director has in place to implement a system under which a license contains picture identification.

(D) To qualify for a lead abatement worker license, an individual shall:

(1) Except as provided in paragraph (C) and (E) of rule 3701-32-04 of the Administrative Code, successfully complete the initial course of instruction on lead activities for the lead abatement worker discipline, approved by the director pursuant to section 3742.08 of the Revised Code and rule 3701-82-01 of the Administrative Code; and

(2) Except as provided in paragraph (E) of rule 3701-32-04 of the Administrative Code, pass an examination approved by the director.

(E) The director shall not approve an application for a lead abatement worker license until the individual submits a complete application on forms prescribed by the director, pays the fee specified in rule 3701-32-04 of the Administrative Code, and provides documentation demonstrating the individual meets the requirements of paragraph (D) of this rule.

(F) No lead abatement worker shall perform lead abatement without the on-site supervision of a lead abatement contractor or a lead abatement project designer.

HISTORY: Replaces: 3701-32-02, 3701-32-04; Eff 3-21-98; 4-1-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 3742.03

Rule amplifies: RC 3742.02, 3742.04, 3742.05, 3742.06, 3742.071, 3742.08, 3742.10, 3742.15, 3742.16, 3742.17, 3742.20, 3742.46, 3742.50

RC 119.032 review dates: 2/28/03, 2/1/08, 4/1/09

3701-32-10 Lead abatement project designer application content, qualifications and standards of conduct.

(A) A lead abatement project designer is licensed to design lead abatement projects, conduct lead abatement on residential units, child day-care facilities and schools and/or the soil surrounding them, provide professional advice regarding lead abatement, supervise one or more lead abatement workers, and write pre-abatement plans and lead abatement specifications. A lead abatement project designer may perform essential maintenance practices, interim controls, lead-safe renovation and paint stabilization.

(B) A lead abatement project designer shall not perform or provide advice on lead inspections, lead-based paint sampling, lead hazard screen risk assessments, other lead assessment activities, or clearance examinations.

(1) Submit a complete application to the director, on forms prescribed by the director;

(2) Pay the fee required by rule 3701-32-04 of the Administrative Code; and

(3) Comply with any procedure the director has in place to implement a system under which a license contains picture identification.

(D) To qualify for a lead abatement project designer license, an individual shall:

(1) Except as provided in paragraphs (C) and (E) of rule 3701-32-04 of the Administrative Code, successfully complete the initial course of instruction on lead activities for the lead abatement contractor and lead abatement project designer disciplines, approved by the director pursuant to section 3742.08 of the Revised Code and rule 3701-82-01 of the Administrative Code; and

(2) Except as provided in paragraph (E) of rule 3701-32-04 of the Administrative Code, meet or exceed one of the following:

(a) Have a bachelor’s degree in engineering, architecture, or a related profession, and one year experience in building construction and design or a related field; or

(b) Have four years experience in building construction and design or a related field; and

(3) Pass an examination approved by the director.

(E) The following documents shall be recognized by the director as proof of meeting the experience requirements for the lead abatement project designer discipline:

(1) Certified academic transcripts as proof of meeting any educational requirements;

(2) Resumes, letters of reference, certification or licensure in another state, documentation of work experience, or copies of inspection reports as proof of meeting the work experience requirements; and

(3) Certificates from lead-specific or other related training courses as proof of meeting the training requirements.

(F) The director shall not approve an application for a lead abatement project designer license until the individual submits a complete application on forms prescribed by the director, pays the fee specified in rule 3701-32-04 of the Administrative Code, and provides documentation demonstrating the applicant has met the requirements of this rule.

(G) A lead abatement contractor or lead abatement project designer shall be designated for each lead abatement project.

(H) The designated lead abatement contractor or lead abatement project designer shall be present at the worksite during worksite preparation and during the post-abatement clean-up of the work areas. At any other time lead abatement is conducted, the designated contractor or lead abatement project designer shall be present at the worksite or shall be able to be present at the worksite within two hours. If not present at the worksite, the designated contractor or lead abatement project designer shall be available for immediate consultation by telephone, pager, or answering service and shall do the following:

(2) Be responsible for ensuring all lead abatement is conducted in accordance with the procedures in Chapters 8, 9, 11, 12, and 13 of the HUD guidelines;

(d) A hazard communication plan as required in 29 C.F.R. 1910.59.

(5) Ensure all abatement activities are conducted according to the requirements of all applicable federal, state, and local regulations;

(6) Use only encapsulants approved by the director under rule 3701-32-13 of the Administrative Code when performing encapsulation and apply in accordance with the procedures in Chapter 13 of the HUD guidelines;