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Rule 3701-32-01 | Definitions.
Effective:
December 1, 2021
As used in Chapters 3701-32 and 3701-82 of the
Administrative Code: (A) "ASTM" means the american
society for testing and materials. (B) "Bare soil" means soil or
sand, including sand found in sandboxes, not covered with grass, sod, or some
other similar vegetation, or paving. (C) "Chewable surface" means any protruding interior or
exterior painted or coated surface on which there is evidence of teeth
marks. (D) "Child care facility" means each area of any of the
following in which child care, 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; or (2) A preschool program
or school child program as defined in section 3301.52 of the Revised
Code. (E) "Clearance area" means the portion of the property
where lead abatement or non-abatement was performed and dust containment was
established. The clearance area shall be the entire unit if dust containment
was not established. (F) "Clearance examination" means an examination to
determine whether the lead hazards in a residential unit, child care facility,
or school have been sufficiently controlled. A clearance examination includes a
visual assessment, collection, and analysis of environmental
samples. (G) "Clearance technician" means a person, other than a
licensed lead inspector or lead risk assessor, who performs a clearance
examination. (H) "CLIA" means a clinical
laboratory that is certified or in possession of a certificate of waiver issued
by the United States department of health and human services pursuant to the
"Clinical Laboratory Improvements Amendments of 1988" as set forth in
Public Law 100578. (I) "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. (J) "Containment" means the physical measures taken to
isolate the work area in order to ensure that dust and debris created or
released during activities are not spread, blown or tracked outside the work
area. (K) "Deteriorated paint" means any interior or exterior
paint or other coating that 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, or paint on a friction or
impact surface that shows abrasion or other evidence of damage to the paint
from the friction or impact. (L) "Director" means the director of the Ohio
department of health, the director's designee, or the director's
authorized agent. (M) "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 or methods. 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, or modifications, or both, of
methods may be used only if they have been validated by the environmental lead
analytical laboratory. (N) "ELPAT" means the
environmental lead proficiency analytical testing program. (O) "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. (P) "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. (Q) "Engineering controls" are measures, other than
respiratory protection or administrative controls, implemented at the worksite
to contain, control or otherwise reduce exposure to lead-containment dust and
debris. (R) "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. (S) "Environmental samples" means paint-chip, dust,
soil, water or air samples collected for the purpose of analysis. (T) "Exterior living area" means a room
equivalent located on the exterior of a residential unit, such as a porch, or
patio 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. (U) "First-draw water sample"
means a sample of tap water collected after the water has stood motionless in
the plumbing system for at least six hours collected without flushing the
tap. (V) "Flushed water sample" means a one-liter sample of
tap water collected after flushing the volume of water between the tap and the
service line. (W) "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. (X) "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. (Y) "Hands-on training" means direct practical
experience in the operation or functioning of a skill or task and involves
active participation by a student. (Z) "HEPA" means the designation given to a product,
device, or system that has been equipped with a high-efficiency particulate air
filter that is capable of removing particles of 0.3 microns or larger from air
at 99.97 per cent or greater efficiency. (AA) "HEPA vacuum" means a vacuum cleaner that is HEPA
rated by the manufacturer and that has been designed with a high-efficiency
particulate air filter as the last filtration stage that is capable of
capturing particles of 0.3 microns with 99.97 per cent or greater
efficiency. (BB) "HUD " means the United States department of
housing and urban development. (CC) "HUD guidelines" means the 2012 edition of the
"Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in
Housing" issued by the United States 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 HUD guidelines may be accessed
at www.hud.gov/lead. (DD) "Impact surface" means an interior or exterior
surface that is subject to damage by repeated sudden force, such as certain
parts of door frames. (EE) "Interim clearance examination" means a clearance
examination performed prior to all abatement or non-abatement work being
complete that may be used to show that an area of the property has been cleaned
and hazards controlled well enough so that a non-licensed or non-certified
person can occupy an area. (FF) "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. (GG) "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; (c) Replacement of surfaces or fixtures painted with 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; (c) Activities performed by a property owner on a residential
unit to which both of the following apply: (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. (HH) "Lead abatement contractor" means any individual
who engages in or intends to engage in lead abatement who may employ or
supervise 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. (II) "Lead abatement project" means one or more lead
activities that are conducted by a lead abatement contractor or lead abatement
project designer and are reasonably related to each other. (JJ) "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. (KK) "Lead abatement worker" means an individual
responsible in a non-supervisory capacity for the performance of lead
abatement. (LL) "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. (MM) "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. (NN) "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 care facility, or school. (OO) "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. (PP) "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. (QQ) "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. (RR) "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. (SS) "Lead hazard control" means measures taken to
reduce or eliminate a lead hazard, which includes, but is not limited to, lead
abatement, interim controls, or both, as appropriate. (TT) "Lead hazard control order" means an order issued
by the director under section 3742.37 of the Revised Code. (UU) "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. (VV) "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. (WW) "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. (XX) "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 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. (YY) "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 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. (ZZ) "Manager" means a person, who may be the same
person as the owner, responsible for the daily operation of a residential unit,
child care facility, or school. (AAA) "NLLAP" means the national lead laboratory
accreditation program. (BBB) "Non-abatement lead activity" means
activities such as paint stabilization, lead-safe maintenance practices, and
interim controls performed pursuant to section 3742.41 of the Revised Code.
(CCC) "Non-abatement lead project" includes one or
more non-abatement lead activities in the scope of work being conducted on a
residential unit, child care facility, or school. (DDD) "On-site supervision" means the supervisor is
physically present at the worksite or available for immediate consultation by
phone, pager, or answering service and able to be present at the work site
within two hours. (EEE) "OSHA" means the United States occupational
safety and health administration. (FFF) "Other lead assessment activity" means
limited evaluation or sampling performed in a residential unit, child care
facility or school by a lead risk assessor to determine the existence, nature,
severity and location of any lead hazards. (GGG) "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. (HHH) "Paint" means any substance applied to a
surface as a surface coating, including, but not limited to, household paints,
varnishes and stains. (III) "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. (JJJ) "Permanent" means an expected design life of
at least twenty years. (KKK) "Play area" means an area of soil contact by
children as indicated by, but not limited to, the presence of play equipment
including, but not limited to 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. (LLL) "Principal instructor" means the individual
who has primary responsibility for organizing and teaching a particular
course. (MMM) "Proof of licensure" means the license
certificate or the pocket license certificate. (NNN) "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. (OOO) "Residential unit" means a dwelling or any
part of a building being used as an individual's private
residence. (PPP) "Room equivalent" 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. (QQQ) "School" means a public or nonpublic school
in which children under six years of age receive education. (RRR) "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, or
hands-on experience, or any combination of these processes. (SSS) "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. (TTT) "USEPA" means the United States environmental
protection agency. (UUU) "Visual assessment" means the visual
examination of a residential unit, child care facility or school to identify
deteriorated paint, visible dust, paint-chips, debris or residue which may be
lead-based. (VVV) "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. (WWW) "Window trough" or "window well"
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. (XXX) "Work practice instructor" means the
individual who is responsible for teaching particular skills in a specific
course. (YYY) "XRF technology" means the science of the use
of portable x-ray fluorescence lead in paint analyzers to determine lead
concentration in paint.
Last updated December 1, 2021 at 9:03 AM
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Rule 3701-32-02 | Scope and applicability of rules.
Effective:
December 1, 2021
(A) 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. This
chapter is applicable to residential units, child care facilities and schools.
In addition: (1) 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. (2) 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. (3) 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. (4) Lead abatement workers shall comply
with rules 3702-32-03, 3701-32-04, and 3701-32-09 of the Administrative
Code. (5) 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. (6) 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. (7) Manufacturers of encapsulants must
comply with rule 3701-32-03 and 3701-32-13 of the Administrative
Code. (8) 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. (9) 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. (10) Training providers must be approved
pursuant to rule 3701-82-01 of the Administrative Code and must comply with
rules 3701-82-01.1, 3701-82-01.2, and 3701-82-01.3 of the Administrative
Code.
Last updated December 1, 2021 at 9:03 AM
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Rule 3701-32-03 | General provisions and prohibitions.
Effective:
December 1, 2021
(A) No person shall do any of the
following when a residential unit, child 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 lead activities 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) Have any 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; (12) 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; (13) 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; (14) Perform a clearance examination on a
residential unit, child 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; (15) Interfere with an investigation
conducted by the director or a board of health in accordance with section
3742.35 of the Revised Code; (16) Perform interim controls without
complying with 24 C.F.R. Part 35; (17) Use an encapsulation product for the
purposes of lead abatement that has not been approved by the director pursuant
to division (H) of section 3742.03 of the Revised Code and rule 3701-32-13 of
the Administrative Code; (18) 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; (19) Collect or analyze composite dust
wipe samples; (20) Provide or offer to provide analysis
of lead content in air, dust, soil, water, 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; (22) Perform lead training for licensing
purposes without a valid approval from the director; or (23) Use a chemical test kit for sampling
when conducting lead inspections or lead risk assessments. (B) When the requirements of Chapters
3701-32 and 3701-82 of the Administrative Code conflict with the HUD
guidelines, individuals who engage in lead activities or non-abatement lead
activities shall comply with the requirements of Chapters 3701-32 and 3701-82
of the Administrative Code. (C) 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 care facility, or school or a person employed to
perform lead activities. (D) 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; and Chapter 3734. of the Revised Code and the rules adopted thereunder
for hazardous waste, solid waste, and industrial solid waste
landfills. (E) No person shall violate any provision of Chapter 3742. of the
Revised Code or this chapter of the Administrative Code. (F) The director shall monitor and audit
lead abatement projects through unannounced inspections. A lead abatement
contractor, lead abatement project designer and lead abatement workers
associated with the lead abatement project shall cooperate and assure access to
the director or his designee conducting the inspection.
Last updated December 1, 2021 at 9:03 AM
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Rule 3701-32-04 | General application procedures, provisions, and qualifications for clearance technician, lead inspector, lead risk assessor, lead abatement contractor, lead abatement worker or lead abatement project designer.
Effective:
December 1, 2021
(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) Individuals that
submit with their applications, proof that they are a service member or
veteran, or the spouse or surviving spouse of a service member or veteran will
receive priority expedited licensure processing. Their applications will be
reviewed within five business days of receipt and before all other applications
for licensure. (a) The acceptable proof of service member/veteran status
documents are: (i) Department of defense
identification card (active, retired, temporary disability retirement list
(TDRL)); (ii) DD214 military
discharge certificate indicating disposition of discharge; (iii) Report of
separation from the national archives national personnel records center in St.
Louis, Missouri; or (iv) Veterans
identification card from the department of veterans affairs. (b) All acceptable proof documents, except veterans
identification card, must show the veteran status as honorable, general,
general under honorable conditions, or discharged or released under conditions
other than dishonorable. (3) 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 fifty
dollars; (b) For a lead inspector license, two hundred fifty
dollars; (c) For a lead risk assessor license, two hundred 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. (4) Pass any required examination;
and (5) Comply with any procedure the
director has in place to implement a system under which a license contains
picture identification. (B) An individual who is licensed,
certified, or otherwise approved under 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. (1) 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 established
by 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)(3) of this
rule. (2) The director may
require the applicant to pass an examination before licensing the applicant
under this paragraph. (3) Individuals licensed
under 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. (C) In the case of an applicant for an initial lead activity
license, the director shall: (1) Notify the applicant
of any deficiency, or needed modification to the application, or both;
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. (D) To qualify for an initial lead
activity license, an individual shall: (1) Successfully complete
the initial course of instruction specific to the license for which the
individual is applying. 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, if the individual
meets one of the following: (a) The individual is certified by the American board of
industrial hygiene as an industrial hygienist or as an industrial
hygienist-in-training; or (b) The individual is registered as a sanitarian or
sanitarian-in-training pursuant to Chapter 4736. of the Revised
Code. (2) Meet any of the
following experience requirements: (a) If applying for a lead risk assessor license, the individual
shall meet or exceed one of the following: (i) Be certified,
licensed, or registered as an industrial hygienist, engineer, architect, or
possess certification in a related field; (ii) Have a
bachelor's degree from an accredited college or university and one year of
experience in lead, asbestos, other environmental remediation work, or building
construction; (iii) Have an associates
degree from an accredited college or university and two years experience in
lead, asbestos, other environmental remediation work, or building construction;
or (iv) Have a high school
diploma or equivalent and three years experience in lead, asbestos, other
environmental remediation or building construction. (b) If applying for a lead abatement contractor license, the
individual shall have: (i) At least one year
experience as a lead abatement worker; or (ii) At least two years
experience in asbestos, lead abatement, radon or other environmental
remediation or building construction. (c) If applying for lead abatement project designer license, the
individual shall meet or exceed one of the following: (i) 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 (ii) Have four years
experience in building construction and design or a related field. (E) 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 (B) of this rule, the expiration
date of the other state's license. (F) 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. (G) To renew a license, all individuals, except for clearance
technicians, shall: (1) Submit a complete
renewal application as prescribed by the director; (2) Successfully complete the appropriate
Ohio-approved refresher course within the two year licensure period. Clearance
technicians shall complete a refresher course every fourth year from the date
of their initial license. (a) A lead abatement worker may take a lead abatement contractor
refresher course in lieu of a lead abatement worker refresher
course; (b) A lead abatement project designer may take a lead abatement
contractor refresher in lieu of a lead abatement project designer refresher;
and (c) A lead inspector may take a lead risk assessor refresher
course in lieu of a lead inspector refresher course. (3) Submit the
appropriate fee as listed in paragraph (A)(3) of this rule. (4) To reinstate a
license during the thirty days following the expiration of a license, the
individual shall: (a) Submit a complete renewal application as prescribed by
the director; (b) Successfully complete the appropriate Ohio-approved
refresher course required in paragraph (G)(2) of this rule. If the individual
did not successfully complete the appropriate Ohio-approved refresher course
prior to expiration of the license, the refresher course must be successfully
completed within thirty days after expiration of the license. This refresher
course cannot be used to renew the reinstated license; (c) Submit the late renewal fee of one and a half times the
established fee as listed in paragraph (A)(3) of this rule. (5) To reinstate a
license after the first thirty days but before ninety days following the
expiration of a license, the individual shall: (a) Submit a complete renewal application as prescribed by
the director; (b) Successfully complete the appropriate Ohio-approved
refresher course required in paragraph (G)(2) of this rule. If the individual
did not successfully complete the appropriate Ohio-approved refresher course
prior to expiration of the license, the refresher course must be successfully
completed within ninety days after the expiration of the license. This
refresher course cannot be used to renew the reinstated license; (c) Submit the late renewal fee of two times the
established fee as listed in paragraph (A)(3) of this rule. (6) Individuals who do
not renew a license within ninety days after expiration, must complete an
initial license application, pay the fee listed in paragraph (A)(3) of this
rule and meet the requirements of paragraph (D) of this rule. (7) Submit a copy of the Ohio-approved
refresher course completion certificate, as required; (8) Submit a complete application, on
forms prescribed by the director, specific for renewal, and pay the biennial
fee set forth in paragraph (A)(3) of this rule; and (9) Comply with any procedure that the
director has in place to establish proof of identity. (H) 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; (c) For a lead inspector license, fifty 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. (I) 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; (c) A license by misrepresenting his or her qualifications to
meet licensure 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. (J) Each license or license renewal issued pursuant to Chapter
3701-32 of the Administrative Code expires two years after the date of
issuance. (K) The director shall issue only one license for each licensing
discipline to any individual. (L) Anyone licensed pursuant to rules 3701-32-05 to 3701-32-09 of
the Administrative Code shall notify the director of any change to the
information submitted on the initial or renewal application within two weeks
after the change. (M) Anyone licensed pursuant to rules 3701-32-05 to 3701-32-09 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. (N) The applicant for a license shall
provide to the director within forty-five days of the receipt of the request,
all additional requested information. If the director does not receive the
requested information within forty-five days, the director may consider the
application abandoned. Any further consideration for a new or renewal license
shall be pursuant to another application accompanied by another nonrefundable
license fee.
Last updated December 1, 2021 at 9:04 AM
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Rule 3701-32-05 | Clearance technician scope of practice and standards of conduct.
Effective:
December 1, 2021
(A) A clearance technician is licensed to
perform clearance examinations on non-abatement lead projects
only. (B) A clearance technician shall not
design, perform, prepare, or provide advice on: (1) Lead
inspections; (2) Lead-based paint
sampling; (3) Lead risk
assessments, lead hazard screen risk assessments, or other lead assessment
activities; (4) Lead abatement
projects; (5) Pre-abatement plans
for designed abatement projects; (6) Specifications for a
lead abatement project; or (7) Lead abatement
activities. (C) A clearance technician shall not
perform a clearance examination at a residential unit, child 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 comply with the applicable provisions of rule
3701-32-04 of the Administrative Code. (E) A clearance examination performed
following non-abatement lead activities 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 clearance
examination following non-abatement lead activity. (F) A clearance technician shall prepare
a report for each clearance examination performed following non-abatement lead
activity. 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.
Last updated December 1, 2021 at 9:04 AM
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Rule 3701-32-06 | Lead inspector scope of practice and standards of conduct.
Effective:
December 1, 2021
(A) A lead inspector is licensed to
perform: (1) Lead
inspections; (2) Lead-based paint
sampling; and (3) Clearance
examinations. (B) A lead inspector shall
not: (1) Perform lead risk
assessments, lead hazard screen risk assessments, or other lead assessment
activities; (2) Design lead abatement
projects; (3) Prepare pre-abatement
plans; or (4) Perform lead
abatement. (C) To apply for a license as a lead
inspector, an individual shall comply with the applicable provisions of rule
3701-32-04 of the Administrative Code. (D) 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 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 report shall
contain the following: (a) Date of the lead activity; (b) Address, unit number, and date of construction of the
residential unit, child care facility or school; (c) Name, address, and telephone number of the owner or manager
of the residential unit, child 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, telephone number, and approval number of each
environmental lead analytical laboratory used to perform the analysis of any
collected samples; (f) All data collected from on-site testing, including quality
control data, and, if an XRF is used, its serial number; (g) Specific locations of all surfaces or components tested or
sampled; (h) A copy of the laboratory report with the results of the
environmental samples 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/cm2, 0.5 per cent 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 2 C.F.R. part 35 and 40 C.F.R. 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/cm2, 0.5 per cent 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." (E) 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.
Last updated December 1, 2021 at 9:05 AM
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Rule 3701-32-07 | Lead risk assessor scope of practice and standards of conduct.
Effective:
December 1, 2021
(A) A lead risk assessor is licensed to
conduct: (1) Lead
inspections; (2) Lead-based paint
sampling; (3) Clearance
examinations; (4) Lead risk
assessments; (5) Lead hazard screen
risk assessments; (6) Other lead assessment
activities; and (7) Identify lead hazard
control strategies to reduce or eliminate lead exposures. (B) A lead risk assessor shall
not: (1) Design lead abatement
projects; (2) Prepare pre-abatement
plans; (3) Write lead abatement
specifications; and (4) Perform lead
abatement. (C) To apply for a license as a lead risk
assessor, an individual shall comply with the applicable provisions of rule
3701-32-04 of the Administrative Code. (D) 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
dust sampling techniques; (6) Use an acceptable
wipe material as defined by ASTM E 1792, "Standard specification for wipe
sampling materials for lead in surface dust"; 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. (E) 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 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 report shall
contain the following: (a) Date of the lead activity; (b) Address, unit number, and date of construction of the
residential unit, child care facility or school; (c) Name, address, and telephone number of the owner or manager
of the residential unit, child care facility or school; (d) Name, license number, and signature of each lead risk
assessor conducting the testing and the name, address, and telephone number of
the firm employing each lead risk assessor; (e) Name, address, telephone number, and approval number of each
environmental lead analytical laboratory used, to perform the analysis of any
collected samples; (f) All data collected from on-site testing, including quality
control data, and, if an XRF is used, its serial number; (g) Specific locations of all surfaces or components tested or
sampled; (h) A copy of the laboratory report with the results of the
environmental samples 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/cm2, 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
C.F.R. part 35 and 40 C.F.R. 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/cm2, 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." (F) 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 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
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; (c) Collect dust samples as follows: (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 care facility, or school, the lead risk assessor
shall collect, in addition to floor and window samples specified in paragraph
(F)(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 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
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 care facility
or school; (iii) Name, address, and
telephone number of the owner or manager of the residential unit, child care
facility or school; (iv) Name, license
number, and signature of each 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,
telephone number, and approval number of each environmental lead analytical
laboratory used to perform the analysis of any collected samples; (vi) Results of the
visual assessment, and a copy of the laboratory report with the 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
from 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. (G) 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 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; (c) Interior and exterior surfaces with deteriorated
paint; (d) Painted surfaces that are impact points or subject to
friction; and (e) Chewable surfaces. (4) Test the following
deteriorated paint, by means of paint-chip sample analysis or XRF analysis, on
or in the following: (a) The interior and exterior surfaces and all common areas of
the residential unit, child care facility or school; and (b) Every attached or unattached structure located within the
same lot line as the residential unit, child care facility or school, including
garages, play equipment, and fences; and (c) The lot or land occupied by the residential unit, child care
facility or school. (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. A minimum of nine dust samples shall be taken to represent each
residential unit, including samplings from: (a) An interior window sill in no fewer than four room
equivalents, hallways, or stairs. If the window system does not include a
window sill, the sample shall be conducted from the nearest horizontal
surface; (b) A floor in a minimum of four room equivalents, hallways, or
stairs. If there are fewer than four room equivalents, hallways, or stairs in
the residential unit, all floors in the unit shall be sampled; and (c) The floor inside of the principal entryway of the residential
unit. (6) In multi-family
residential units, in addition to the sampling requirements of paragraphs
(G)(4) and (G)(5) of this rule, perform, at a minimum, sampling in the
following locations: (a) 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 (b) The floor inside of the principal entryway of the
residential unit; (7) In child care
facilities or schools, dust samples shall be collected from each room, hallway,
or stairwell and other common areas in the child care facility or school. A
lead risk assessor shall: (a) For room equivalents up to three hundred square feet, collect
a single-surface sample from a window sill and floor; (b) For room equivalents greater than three hundred square feet
up to two thousand 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 window sills; (c) For room equivalents over two thousand square
feet: (i) In addition to the
samples required by paragraph (G)(7)(b)(i) of this rule, collect one additional
dust sample from floors for each additional two thousand square foot
area; (ii) In addition to the
samples required by paragraph (G)(7)(b)(ii) of this rule, collect one
additional dust sample from alternating windows sills for each additional floor
area of two thousand square feet, unless all the windows in the space were
sampled as part of the requirements of paragraph (G)(7)(b)(ii) of this
rule. (8) Collect soil samples
for lead concentration analysis from a residential unit, child care facility or
school 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 from the tap(s) most commonly used for drinking
water, infant formula preparation, or food preparation, if warranted;
and (10) Prepare a written
lead risk assessment report for each lead risk assessment performed. Each
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 report shall contain all of the following: (a) Date of the lead activity; (b) Address, unit number, and date of construction of the
residential unit, child care facility, or school; (c) Name, address, and telephone number of the owner or manager
of the residential unit, child care facility, or school; (d) Name, license number, and signature of each lead risk
assessor conducting the lead risk assessment and the name, address, and
telephone number of the firm employing each lead risk assessor; (e) Name, address, telephone number, and approval number issued
pursuant to rule 3701-82-02 of the Administrative Code of each environmental
lead analytical laboratory used to perform the analysis of any collected
samples; (f) Results of the visual assessment; (g) The testing method and sampling procedure for paint analysis
employed and the specific locations of each component tested for the presence
of lead; (h) All data collected from on-site testing, including any
quality control data, and, if an XRF is used, its serial number; (i) 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; (j) A diagram of the floorplan of the residential unit, child
care facility or school showing the environmental sample
locations; (k) A copy of the laboratory results of the lead loading
analysis of dust samples, in micrograms per square foot, by location of
sample; (l) A copy of the laboratory results of the lead concentration
analysis of soil samples, in parts per million or lead by weight, by location
of sample; (m) A copy of the laboratory results of the lead concentration
analysis of water samples, in parts per billion; (n) A description of the location and type of identified lead
hazards; (o) A description of recommended non-abatement, or abatement
options, or both, as applicable, for each identified lead hazard and any
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; (p) Risk assessments that have included water sampling
shall include recommendations for any follow-up water sampling, information on
the health risks of lead, and options for treatment and/or removal of lead from
water; and (q) The statements prescribed in paragraph (E) of
3701-32-15 of the Administrative Code prominently displayed at the top of the
report in bold letters.
Last updated December 1, 2021 at 9:05 AM
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Rule 3701-32-08 | Lead abatement contractor scope of practice and standards of conduct.
Effective:
December 1, 2021
(A) A lead abatement contractor is
licensed to do the following on residential units, child care facilities and
schools, or the soil surrounding them, or both: (1) Conduct lead
abatement; (2) Provide professional
advice regarding lead abatement; (3) Supervise one or more
lead abatement workers; (4) Write pre-abatement
plans and lead abatement specifications; and (5) Perform interim
controls and paint stabilization. (B) A lead abatement contractor shall not
perform or provide advice on: (1) Lead
inspections; (2) Lead-based paint
sampling; (3) Clearance
examinations; (4) Lead risk
assessments; (5) Other lead assessment
activity; or (6) Lead hazard screen
risk assessments. (C) To apply for a license as a lead
abatement contractor, an individual shall comply with the applicable provisions
of rule 3701-32-04 of the Administrative Code. (D) A lead abatement contractor or lead abatement project
designer shall be designated for each lead abatement project. (E) 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. The designated lead abatement contractor or lead abatement
project designer 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 current and
accepted methodologies, including but not limited to, 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, or three
calendar days if using the online notification system, 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, and include both a
daily sign-in log and respirator fit test dates; (c) A respiratory protection plan as required in paragraph (E)(1)
of this rule; (d) A hazard communication plan as required by 29 C.F.R.
1910.1200; and (e) If one has been issued in accordance with rule
3701-30-09 of the Administrative Code, a copy of the lead hazard control
order. (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) Not provide advice on the need for
lead abatement as a lead risk assessor 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; (8) 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 HEPA
exhaust control; (c) Dry scraping or dry sanding lead-based paint unless the
scraping or sanding 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; (d) Use of a heat gun on lead-based paint above one thousand one
hundred degrees Fahrenheit; (e) Uncontained hydro-blasting or high pressure washing of
lead-based paint; or (f) 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; (9) Ensure all persons involved in a lead
abatement project follow the worker protection standards pursuant to 29 C.F.R.
1926.62 by OSHA; (10) 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; (11) Ensure post-abatement cleaning is
performed at the lead abatement project of the residential unit, child care
facility or school in accordance with current and accepted methodologies
including, but not limited to Chapter 14 of the HUD guidelines; (12) 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 or samples are re-cleaned and
re-tested. A lead risk assessor or lead inspector shall perform any necessary
clearance examination or clearance examinations to ensure the residential unit,
child care facility or school meets the clearance standards; and (13) 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 care facility or school; (c) Name, address, and telephone number of the owner of the
residential unit, child 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 or names of other lead abatement personnel present at
the abatement project; (e) A detailed written description of the abatement, including
the abatement methods used, location of rooms, the components where abatement
occurred, or both, 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 (E)(4)(a) of this rule; (g) The written compliance plan portion of the pre-abatement plan
as required in paragraph (E)(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
contractor or project designer who prepared the pre-abatement plan for the lead
abatement project, if any; (k) The statements prescribed in paragraph (E) of rule 3701-32-15
of the Administrative Code prominently displayed at the top of the report in
bold letters; and (14) Ensure there is a
designated lead abatement worker present at the work site at all times when the
designated lead abatement contractor or lead abatement project designer is not
onsite. The designated lead abatement worker must have knowledge of the work
scope and is responsible for maintaining and providing all onsite paperwork to
include the written pre-abatement plan, lead risk assessment and lead hazard
control order, if applicable.
Last updated December 1, 2021 at 9:05 AM
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Rule 3701-32-09 | Lead abatement worker scope of practice and standards of conduct.
Effective:
December 1, 2021
(A) A lead abatement worker is licensed
to perform lead abatement. In a residential unit, child care facility or
school, or the soil surrounding it, or both, a lead abatement worker may
perform: (1) Lead
abatement; (2) Interim controls; and (3) Paint stabilization. (B) A lead abatement worker shall
not: (1) Supervise lead
abatement; (2) Perform or provide
advice on lead inspections; (3) Perform or provide
advice on lead-based paint sampling; (4) Perform or provide
advice on clearance examinations; (5) Perform or provide
advice on lead risk assessments; (6) Perform or provide
advice on lead hazard screen risk assessments; (7) Perform or provide
advice on other lead assessment activity; (8) Design lead abatement
projects; or (9) Prepare pre-abatement
plans. (C) To apply for a license as a lead
abatement worker, an individual shall comply with the applicable provisions of
rule 3701-32-04 of the Administrative Code. (D) No lead abatement worker shall
perform lead abatement without the on-site supervision of a lead abatement
contractor or a lead abatement project designer.
Last updated December 1, 2021 at 9:05 AM
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Rule 3701-32-10 | Lead abatement project designer scope of practice and standards of conduct.
Effective:
December 1, 2021
(A) A lead abatement project designer is
licensed to do the following on residential units, child care facilities and
schools, or the soil surrounding them, or both: (1) Design lead abatement
projects; (2) Conduct lead
abatement; (3) Provide professional
advice regarding lead abatement; (4) Supervise one or
more lead abatement workers; (5) Write pre-abatement
plans and lead abatement specifications; and (6) Perform lead
abatement, interim controls, and paint stabilization. (B) A lead abatement project designer
shall not perform or provide advice on: (1) Lead
inspections; (2) Lead-based paint
sampling; (3) Lead hazard screen
risk assessments; (4) Other lead assessment
activities; or (5) Clearance
examinations. (C) To apply for a license as a lead
abatement project designer, an individual shall comply with the applicable
provisions of rule 3701-32-04 of the Administrative Code. (D) A lead abatement contractor or lead abatement project
designer shall be designated for each lead abatement project. (E) 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. The
designated lead abatement contractor or lead project designer 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 current and
accepted methodologies, including, but not limited to, 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, or three
calendar days if using the online notification system, 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 Chapter 8 of the HUD guidelines; (b) A written compliance plan describing 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 and shall include both a daily
sign-in log and respirator fit test dates; (c) A respiratory protection plan as required in paragraph (E)(1)
of this rule; (d) A hazard communication plan as required by 29 C.F.R.
1910.1200 or 29 C.F.R. 1926.59; and (e) If one has been issued in accordance with rule
3701-30-09 of the Administrative Code, a copy of the lead hazard control
order. (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; (7) Not provide advice on the need for
lead abatement as a lead risk assessor 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; (8) 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 HEPA
exhaust control; (c) Dry scraping or dry sanding 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; (d) Use of a heat gun on lead-based paint above one thousand one
hundred degrees Fahrenheit; (e) Uncontained hydro-blasting or high pressure washing of
lead-based paint; or (f) Paint stripping in a poorly ventilated space using a volatile
stripper considered a hazardous substance under 16 C.F.R 1500.3 or a hazardous
chemical pursuant to 29 C.F.R. 1910.1200; (9) Ensure all persons involved in a lead
abatement project follow the worker protection standards pursuant to 29 C.F.R.
1926.62 by OSHA; (10) 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; (11) Ensure post-abatement cleaning is
performed at the lead abatement project of the residential unit, child care
facility or school according to the procedures in Chapter 14 of the HUD
guidelines; (12) Ensure a lead risk assessor or lead
inspector performs a clearance examination of the residential unit, child 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 or samples are re-cleaned and re-tested. A lead risk assessor
or lead inspector shall perform any necessary clearance examination or
clearance examinations to ensure the residential unit, child care facility or
school meets the clearance standards; (13) 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
requirements set forth in 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 care facility or school; (c) Name, address, and telephone number of the owner of the
residential unit, child 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, and
the name or names of other lead abatement personnel present at the abatement
project; (e) A detailed written description of the abatement, including
the abatement methods used, location of room equivalents, components, or both,
where abatement occurred, and the reason for selecting particular abatement
methods for each area abated, and any suggested monitoring of encapsulants or
enclosures; (f) The occupant protection portion of the pre-abatement plan
prepared in accordance with paragraph (E)(4)(a) of this rule; (g) The written compliance plan portion of the pre-abatement plan
as required by paragraph (E)(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
contractor or project designer who prepared the pre-abatement plan for the lead
abatement project, if any; and (k) The statements prescribed in paragraph (E) of rule 3701-32-15
of the Administrative Code prominently displayed at the top of the report in
bold letters. (14) Ensure there is a
designated lead abatement worker present at the work site at all times when the
designated lead abatement contractor or lead abatement project designer is not
onsite. The designated lead abatement worker must have knowledge of the work
scope and is responsible for maintaining and providing all onsite paperwork to
include the written pre-abatement plan, lead risk assessment and lead hazard
control order, if applicable.
Last updated December 1, 2021 at 9:06 AM
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Rule 3701-32-12 | Clearance
examinations.
Effective:
April 17, 2022
(A) A clearance examination includes a
visual assessment of a residential unit, child care facility, or school that
may be followed by the collection of environmental samples to determine whether
the lead abatement, interim controls, or non-abatement lead activities in a
residential unit, child care facility, or school has sufficiently controlled
lead hazards or presumed lead hazards. (B) The clearance standards set forth in
rule 3701-32-19 of the Administrative Code shall be used to determine if the
lead hazards or presumed lead hazards have been sufficiently
controlled. (C) Clearance examinations shall be
performed by a lead risk assessor, lead inspector or clearance technician. A
clearance technician shall perform clearance examinations on non-abatement
projects only. (D) When performing any clearance
examination at a residential unit, child care facility or school, a lead
inspector, lead risk assessor or clearance technician shall implement the
following quality control measures: (1) Collect dust samples
for clearance examination purposes at a minimum of one hour after completion of
final cleaning activities; (2) Use documented
methodologies incorporating quality control procedures when collecting
environmental samples; (3) Use single-surface
dust sampling techniques only; (4) Use a wipe material
acceptable to ASTM as described in the E 1792, "Standard specification for
wipe sampling materials for lead in surface dust," when taking dust
samples; (5) Submit any dust,
paint chip, soil, or air samples collected for lead analysis to an
environmental lead analytical laboratory approved by the director pursuant to
rule 3701-82-02 of the Administrative Code; and (6) Submit any water
samples collected for lead concentration analysis to a laboratory approved
pursuant to Chapter 3745-89 of the Administrative Code. (E) Except as provided in paragraph (G)
of this rule, when performing a clearance examination in residential units,
child care facilities or schools, the lead risk assessor, the lead inspector,
or clearance technician shall do all of the following: (1) Perform a visual
assessment in the clearance area to identify all remaining deteriorated paint,
visible dust, paint chips, debris or residue. For exterior areas, visually
verify that bare soil has been covered, enclosures have been installed
properly, and painted surfaces have been properly sealed. The findings shall be
recorded on a form prescribed by the director. If deficiencies are found during
the visual assessment: (a) Inform the property owner, person or persons, performing the
associated lead abatement or non-abatement work, or both, so all deficiencies
may be corrected; (b) Ensure the person or persons performing the associated lead
abatement or non-abatement work controls or eliminates all identified
deficiencies in order to pass the visual assessment; and (c) Perform additional visual assessments to assure that the
deficiencies are corrected, controlled or eliminated. (2) Following a
successful visual assessment, choose sample locations and collect the
environmental samples for analysis at a residential unit in accordance with
appendix A to this rule and at a child care facility or school in accordance
with appendix B to this rule; (3) If one or more
environmental sample fails to meet the clearance standards established in rule
3701-32-19 of the Administrative Code, additional clearance examinations of the
property must be performed until the clearance standards are met. For a failed
dust wipe sample, all the components represented by the failed sample shall be
re-cleaned. Additional clearance examinations of the residential unit, child
care facility, or school shall be conducted in accordance with paragraphs
(E)(1), (E)(2) and (E)(3) of this rule, except only those components or areas
requiring additional cleaning or other correction are part of the clearance
area. (F) Where similar multi-family
residential units, child care facilities or schools with similar room
equivalents have undergone comparable types of lead hazard control, the units,
common areas, room equivalents, exterior areas, or all, may be grouped together
and randomly sampled for the purposes of clearance, provided that: (1) The individuals
performing the lead hazard control do not know which residential units, common
areas, or exterior areas will be selected for the random sample (2) The minimum number of
residential units, common areas, room equivalents, or exterior areas, or any
combination of these areas, to be sampled shall be determined by appendix C to
this rule; (3) All randomly sampled
residential units, common areas, room equivalents, or exterior areas, or any
combination of these areas meet the clearance standards set forth in rule
3701-32-19 of the Administrative Code; and (4) Each randomly sampled
residential units, common areas, room equivalents, or exterior areas, or any
combination of these areas has a clearance examination or clearance
examinations in accordance with paragraphs (E)(1), (E)(2), and (E)(3) of this
rule. (G) When performing a clearance examination at a
residential unit, child care facility or school where lead hazard control
orders have been issued pursuant to rule 3701-30-09 of the Administrative Code,
the lead inspector or lead risk assessor shall do all of the
following: (1) Review the lead
hazard control order issued by the director to determine the clearance area.
The lead inspector or lead risk assessor shall compare the work performed with
the hazards listed in the lead hazard control order and ensure that all the
identified lead hazards have been sufficiently controlled or eliminated. This
review shall be documented in the final clearance report; (2) Perform a visual
assessment in the clearance area to identify all remaining deteriorated paint,
visible dust, paint chips, debris, residue and any remaining lead hazards. The
findings shall be recorded on a form prescribed by the director. If
deficiencies are found during the visual assessment: (a) Inform the property owner, person or persons, performing the
associated lead abatement so all deficiencies may be corrected; (b) Ensure the person or persons performing the associated lead
abatement eliminates all identified deficiencies in order to pass the visual
assessment; and (c) Perform additional visual assessments to assure that the
deficiencies are controlled or eliminated. (3) Following a
successful visual assessment, choose sample locations and collect environmental
samples at residential units, in accordance with appendix A to this rule and at
child care facilities or schools, in accordance with appendix B to this
rule; (4) Perform additional
clearance examinations of the residential unit or units, child care facility,
or school following the procedures in paragraphs (H)(1), (H)(2) and (H)(3) of
this rule, when clearance examination sample results indicate the lead loading
of the dust samples are equal to or exceed the clearance examination levels set
forth in rule 3701-32-19 of the Administrative Code; and (5) Perform soil sampling
at residential units, in accordance with appendix A to this rule and at child
care facilities or schools, in accordance with appendix B to this rule where
property that is subject to a lead hazard control order in accordance with rule
3701-30-09 of the Administrative Code is demolished and bare soil
remains. (H) The lead inspector, risk assessor or clearance
technician shall prepare a clearance examination report for each clearance
examination performed. The clearance examination report shall be written in a
format prescribed by the director and shall comply with rule 3701-32-15 of the
Administrative Code and contain the following: (1) The address of the
residential unit, child care facility or school and, if only part of a property
is affected, the specific dwelling units and common areas
affected; (2) Name, address, and
telephone number of the owner and manager of the residential unit, child care
facility or the name, address and telephone number of the school
principal; (3) Information on the
lead abatement or non-abatement activity for which the clearance examination
was performed, including; (a) Start and completion dates of the lead abatement or
non-abatement activity for which the clearance examination was
performed; (b) Name, address, and telephone number of the designated lead
abatement contractor or lead abatement project designer, or persons performing
non-abatement activity; and (c) A detailed written description of all lead abatement, interim
controls, and paint stabilization locations where the activity was performed
and suggested monitoring schedule of encapsulants, enclosures, and
non-abatement lead activities to maintain sufficient control of lead
hazards. (4) The following
information on the clearance examination: (a) Date of all clearance examinations; (b) Name, address, license number and signature of each person
performing the clearance examination; (c) For a clearance examination following lead abatement on a
property under a lead hazard control order in accordance with rule 3701-30-09
of the Administrative Code: A statement indicating whether all the lead hazards
identified in the lead hazard control order have been sufficiently eliminated
or controlled, based on comparison of the lead hazard control order with the
work performed; (d) Findings of each visual assessment on a form prescribed by
the director; (e) A diagram of the floor plan of the residential unit, child
care facility or school illustrating the location of each environmental sample
collected; (f) Sample location and result of each dust sample analysis in
micrograms per square foot; (g) Sample location and result of each soil sample analysis in
parts per million or per cent lead by weight; (h) Sample location, type, and result of each water sample
analysis in parts per billion; and (i) Name, address, telephone and approval number of each lead
analytical laboratory conducting the analysis of any environmental sample and a
copy of the laboratory results.
View AppendixView Appendix
Last updated April 19, 2022 at 8:30 AM
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Rule 3701-32-13 | Encapsulant requirements.
Effective:
August 4, 2014
(A) Manufacturers of encapsulant products shall demonstrate a design life of twenty years and the safety and durability of their products by: (1) Providing results of testing from an independent laboratory indicating that the product meets the most current performance standards developed by the ASTM for non-reinforced liquid coating encapsulation products or for reinforced liquid coating encapsulation products. The independent laboratory providing the testing shall be accredited by the United States department of commerce, national voluntary laboratory accreditation program; and (2) Submitting results of an assessment from a toxicologist certified by the "American board of toxicology" regarding the potential human health risks that may be attributable to the encapsulant product from repeated or one-time exposures during product preparation, application, curing, and fully cured states. The assessment shall include recommendations regarding occupancy during and after application of the product. (B) The director shall issue approval to the manufacturer of an encapsulant product provided the manufacturer has done all of the following: (1) Submitted a complete application form for approval to the director on the form prescribed by the director; (2) Submitted the toxicology assessment results as provided in paragraph (A) of this rule; (3) Paid the non-refundable application fee of five hundred dollars; and (4) Submitted the results from an accredited independent laboratory indicating the product satisfies ASTM standards as provided in paragraph (A) of this rule. (C) Subject to Chapter 119. of the Revised Code, the director may refuse to issue, suspend, or revoke approval of an encapsulant product, if the manufacturer or any one of its principal officers: (1) Has obtained or attempted to obtain approval by submitting fraudulent or deceptive information on an application for approval; (2) Fails at any time to meet the qualifications for approval; or (3) Violates or has violated any provisions of Chapter 3742. of the Revised Code or Chapter 3701-32 of the Administrative Code.
Last updated November 2, 2022 at 2:00 PM
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Rule 3701-32-14 | Record keeping and reporting requirements for environmental lead analytical and clinical laboratories.
Effective:
December 1, 2021
(A) An environmental lead analytical
laboratory shall send to the director, by first class mail or electronic
transfer, a copy of its quarterly proficiency testing results from the ELPAT
program within five business days of receiving the results. (B) A clinical laboratory shall send to
the director, by first class mail or electronic transfer, a copy of its
proficiency testing results performed pursuant to the CLIA program within five
business days of receiving the results. (C) For the purposes of meeting the
requirements of this rule and the requirements in rule 3701-30-05 of the
Administrative Code, any clinical laboratory that performs any analysis of
human blood, urine or other bodily substance of an Ohio resident to detect or
determine levels of lead, cadmium, mercury, or arsenic for each specimen shall
collect all of the following information shall be submitted to the director by
electronic transfer, unless otherwise authorized by the director, within seven
days of obtaining the results: (1) Resident's name
and parent's or the guardian's name if the resident is less than
sixteen years old; (2) Resident's
street and mailing address, including the city, state, county and zip
code; (3) Resident's date
of birth, gender, race and ethnicity; (4) Telephone number,
with area code, where the resident can be reached; (5) Specimen matrix for
blood, urine, or other bodily substance; (6) Analyte for lead,
cadmium, mercury, or arsenic; (7) Procedure used to
obtain the specimen and the date it was obtained; (8) Physician's or
healthcare provider's first name, last name, address, telephone number,
and national provider identifier, if applicable; (9) If the resident is
employed, employer's name and address; (10) Resident's
medicaid number, if any; (11) If the resident is
under six years of age, the resident's social security
number; (12) CLIA number of the
laboratory performing the analysis; and (13) The accession
number, the date the sample was analyzed, and the test result in micrograms per
deciliter. (D) Any physician or healthcare provider
requesting analysis of blood, urine, or other bodily substance of an Ohio
resident to detect or determine levels of lead, cadmium, mercury, or arsenic
shall complete each request for analysis with the information required in
paragraphs (C)(1) to (C)(11) of this rule and paragraph (A) of rule 3701-30-05
of the Administrative Code.
Last updated December 1, 2021 at 9:07 AM
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Rule 3701-32-15 | Record keeping and reporting requirements for clearance technicians, lead inspectors, lead risk assessors, lead abatement contractors and lead abatement project designers.
Effective:
December 1, 2021
(A) Each clearance technician, lead
inspector, or lead risk assessor shall issue a report for each lead activity
performed to the owner or manager of the residential unit, child care facility,
or school that was the subject of the lead activity. The report shall also be
issued to the individual who requested the lead activity. (B) Each lead abatement contractor or
lead abatement project designer shall issue a report for each lead abatement
project performed. The report shall be issued to the owner or manager of the
residential unit, child care facility, or school that was the subject of the
lead abatement. The report shall also be issued to the individual who requested
the lead abatement. (C) Each clearance technician, lead
inspector, lead risk assessor, lead abatement contractor, or lead abatement
project designer shall maintain a copy of each report issued for a lead
activity for a period of at least three years and make such documents available
to the director upon request. (D) The lead risk assessor, lead
inspector or clearance technician shall prepare and submit to the director a
monthly summary of each residential unit, child care facility, or school,
including all addresses, where lead inspections, lead-based paint sampling,
lead risk assessments, lead hazard screen risk assessments, other lead
assessment activities and clearance examinations were performed. Monthly
reports shall be submitted in an electronic format prescribed by the director,
by the fifteenth of the following month. (E) The following statement shall be
displayed at the top of any clearance examination, lead inspection, lead-based
paint sampling, lead risk assessment, lead hazard screen risk assessment, other
lead assessment activity, or lead abatement project report prepared for a
residential unit in bold letters: Ohio law (section 5302.30 of the Revised Code)
requires every person who intends to transfer any residential real property by
sale, land installment contract, lease with option to purchase, exchange, or
lease for a term of ninety-nine years and renewable forever, to complete and
provide a copy to the prospective transferee of the applicable property
disclosure forms, disclosing known hazardous conditions of the property,
including lead-based paint hazards. Federal law (24 C.F.R. part 35 and 40 C.F.R. part
745) requires sellers and lessors of residential units constructed prior to
1978, except housing for the elderly or persons with disabilities (unless any
child who is less than six years of age resides or is expected to reside in
such housing) or any zero-bedroom dwelling to disclose and provide a copy of
this report to new purchasers or lessees before they become obligated under a
lease or sales contract. Property owners and sellers are also required to
distribute an educational pamphlet approved by the United States environmental
protection agency and include standard warning language in leases or sales
contracts to ensure that parents have the information they need to protect
children from lead-based paint hazards.
Last updated December 1, 2021 at 9:07 AM
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Rule 3701-32-18 | Variances.
Effective:
August 4, 2014
(A) The director may grant a variance from the requirements of rules 3701-32-03 to 3701-32-16 of the Administrative Code unless variance is requested to a statutory requirement. Before the director grants the variance, the party requesting the variance must show that: (1) Granting the variance will not jeopardize the health and safety of the public; and (2) Because of practical difficulties or other special conditions, strict application of the rule requirement, from which the variance is requested, will cause unusual and unnecessary hardship. (B) The director shall not grant a variance that defeats the spirit and general intent of rules 3701-32-01 to 3701-32-16 of the Administrative Code or that is not in the public interest. (C) The party requesting the variance from rules 3701-32-03 to 3701-32-16 of the Administrative Code shall make a request to the director on a form prescribed by the director. The request shall specify the following: (1) How granting the variance will not jeopardize the health and safety of the public; (2) The rule requirement for which the variance is requested; (3) The practical difficulties or other special conditions that exist that will cause unusual or unnecessary hardship if the rule requirement is strictly enforced; (4) The time period, not to exceed one year, for which the variance is requested; and (5) The specific alternative action the party requesting the variance proposes to take to meet the spirit and general intent of the rule. (D) The director may request additional information from the party requesting the variance prior to making a determination regarding the request. The director may establish conditions that the party shall meet for the variance to be effective or, if the variance is in effect, to continue to be in effect. (E) The director may revoke a variance if the director determines that: (1) The variance adversely affects the health and safety of the general public; (2) The party requesting the variance fails to comply with the variance as granted; (3) The party requesting the variance notifies the director in writing that the party wishes to relinquish the variance; or (4) The variance conflicts with a statutory change that renders the variance invalid. (F) The director shall notify the party requesting the variance, in writing, of the director's determination whether or not to grant the variance, or to revoke a previously granted variance. The director's decision shall be final and is not subject to Chapter 119. of the Revised Code.
Last updated November 2, 2022 at 2:01 PM
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Rule 3701-32-19 | Levels of lead hazardous to human health and clearance examination standards.
Effective:
December 1, 2021
(A) Lead-based paint is
present: (1) When a paint or other
surface coating contains a lead concentration equal to or exceeding 1.0
mg/cm2 (milligram per square
centimeter), 0.5 percent by weight, or five thousand parts per million (ppm) by
weight; and (2) On any surface like a
surface tested in the same room that has a lead concentration equal to or
exceeding the level set forth in paragraph (A)(1) of this rule. (B) Lead-based paint is hazardous to
human health when present: (1) On any friction
surface where the dust levels on the nearest horizontal surface, including, but
not limited to, window sills or floors, underneath the friction surface are
equal to or exceed: (a) Ten micrograms per square foot or more of lead, if the
horizontal surface is an interior floor; (b) One hundred micrograms per square foot or more of lead, if
the horizontal surface is an interior window sill or an exterior living area
window sill; (c) Ten micrograms per square foot or more of lead, if the
horizontal surface is not a window trough, or an interior window sill;
and (d) Forty micrograms per quare foot or more for an exterior
living area. (2) On any chewable
lead-based painted surface that has evidence of teeth marks; (3) Where there is any
damaged or otherwise deteriorated lead-based paint on an impact surface;
or (4) Where there is
deteriorated lead-based paint in a residential unit, child care facility, or
school or on the exterior of any residential unit, child care facility, or
school. (C) Lead-contaminated dust is hazardous
to human health when present: (1) On interior floors
containing a lead loading of ten micrograms per square foot or
more; (2) On interior window
sills or exterior living area window sills containing a lead loading of one
hundred micrograms per square foot or more; (3) On window troughs
containing a lead loading of one hundred micrograms per square foot or
more; (4) On any horizontal
surface if that surface is not an interior window sill, exterior living area
window sill or window trough containing a lead loading of ten micrograms per
square foot or more; (5) On exterior living
area floors containing a lead loading of forty micrograms per square foot or
more; or (6) On floors or interior window sills in
an unsampled residential unit or common area in a multi-family dwelling if a
dust lead hazard is present on floors or interior window sills when random
sampling was performed and when the minimum number of residential units, common
areas, or exterior areas, or both, as determined in appendix C to rule
3701-32-12 of the Administrative Code were sampled. In addition, all the
randomly sampled residential units meet the standards set forth in paragraph
(C) of this rule thereby establishing a ninety-five per cent level of
confidence that no more than five percent or fifty of the residential units,
whichever is smaller, have components that may equal or exceed the hazard
standards; (D) Lead-contaminated soil is hazardous
to human health when present: (1) In non-play areas
when the lead concentration from a composite sample, or arithmetic mean of
composite samples, is equal to or exceeds one thousand two hundred micrograms
per gram; (2) In play areas when
the lead concentration from a composite sample is equal to or exceeds four
hundred micrograms per gram; (E) Lead-contaminated water pipes that
leach a lead concentration equal to or exceeding: fifteen parts per billion
into a water sample collected in accordance with the procedure specified in
paragraph (B) of rule 3745-81-86 of the Administrative Code are considered
hazardous to human health. (F) In order to pass a clearance
examination a residential unit, child care facility or school
shall: (1) For single-surface
wipes, have a lead loading less than: (a) Ten micrograms per square foot on interior
floors; (b) One hundred micrograms per square foot on interior window
sills, exterior living area window sills, or on any other interior chewable
surface; (c) One hundred micrograms per square foot on window troughs;
and (d) Forty micrograms per square foot on exterior living
area floors. (2) All horizontal surfaces in the
exterior living area closest to the surface abated or receiving non-abatement
treatments shall be found to be free of all visible dust and
debris.
Last updated December 1, 2021 at 9:07 AM
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