3701-32-01 Definitions.

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

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

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

(C) “Child day-care facility” means each area of any of the following in which child daycare, defined in section 5104.01 of the Revised Code, is provided to children under six years of age:

(1) A child day-care center, type A family day-care home, or type B family day-care home as defined in section 5104.01 of the Revised Code;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(W) “Lead abatement” :

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

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

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

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

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

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

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

(b) Implementation of interim controls;

(i) It is a freestanding single-family home used as the property owner’s private residence;

(ii) No child under six years of age who has lead poisoning resides in the unit.

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

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

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

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

(BB) Lead activity” means:

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

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

(CC) “Lead-based paint” means any paint or other similar surface-coating substance containing lead at or in excess of the level that is hazardous to human health as set forth in rule 3701-32-19 of the Administrative Code.

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

(EE) “Lead-contaminated dust” means surface dust that contains an area or mass concentration of lead at or in excess of the level that is hazardous to human health as set forth in rule 3701-32-19 of the Administrative Code.

(FF) “Lead-contaminated soil” means soil that contains lead at or in excess of the level that is hazardous to human health as set forth in rule 3701-32-19 of the Administrative Code.

(GG) “Lead-contaminated water pipes” means water pipes containing lead materials causing the water supply to contain lead levels at or in excess of the level that is hazardous to human health as set forth in rule 3701-32-19 of the Administrative Code.

(HH) “Lead hazard” means material that is likely to cause lead exposure and endanger an individual’s health as set forth in rule 3701-32-19 of the Administrative Code. “Lead hazard” includes lead-based paint, lead-contaminated dust, lead-contaminated soil, and lead-contaminated water pipes.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Rule promulgated under: RC 119.03

Rule authorized by: RC 3742.03

Rule amplifies: RC 3742.02 through 3742.19, 3742.99

RC 119.032 review date: 4/1/09