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Ohio Laws and Rules
(A) A lead inspector is licensed to perform lead inspections, lead-based paint sampling and clearance examinations.
(B) A lead inspector shall not perform lead risk assessments, lead hazard screen risk assessments, other lead assessment activities, design lead abatement projects, prepare pre-abatement plans, act as an abatement contractor, or perform lead abatement, lead-safe renovation, or essential maintenance practices.
(C) To apply for a license as a lead inspector, an individual shall:
(1) Submit a complete application to the director, on forms prescribed by the director;
(2) Pay the fee required by rule 3701-32-04 of the Administrative Code; and
(3) Comply with any procedure the director has in place to implement a system under which a license contains picture identification.
(D) To qualify for a lead inspector license, an individual shall:
(1) Except as provided in paragraphs (C) and (E) of rule 3701-32-04 of the Administrative Code, successfully complete the initial course of instruction on lead activities for the lead inspector discipline, approved by the director pursuant to section 3742.08 of the Revised Code and rule 3701-82-01 of the Administrative Code; and
(2) Except as provided in paragraph (E) of rule 3701-32-04 of the Administrative Code, pass an examination approved by the director.
(E) The director shall not approve an application for a lead inspector license until the individual submits a complete application on forms prescribed by the director, pays the fee specified in rule 3701-32-04 of the Administrative Code, and provides documentation demonstrating the individual meets the requirements of this rule.
(F) A lead inspector shall perform a lead inspection according to the procedures in Chapter 7 of the HUD guidelines. In addition, the lead inspector shall:
(1) Submit any paint-chip samples collected to an environmental lead analytical laboratory approved pursuant to rule 3701-82-02 of the Administrative Code for lead concentration analysis; and
(2) Prepare a lead inspection report for every lead inspection performed. Each lead inspection report shall be written in a format prescribed by the director and shall comply with the requirements in rule 3701-32-15 of the Administrative Code. The lead inspection report shall contain the following:
(a) Date of the lead activity;
(b) Address, unit number, and date of construction of the residential unit, child day-care facility or school;
(c) Name, address, and telephone number of the owner or manager of the residential unit, child day-care facility or school;
(d) Name, license number, and signature of the lead inspector conducting the testing and the name, address, and telephone number of the firm employing each lead inspector;
(e) Name, address, and telephone number of each environmental lead analytical laboratory approved pursuant to rule 3701-82-02 of the Administrative Code performing the analysis of any collected samples;
(f) Each testing device and/or sampling procedure employed, and if an x-ray fluorescence analyzer (XRF) is used, its serial number;
(g) Specific locations of all surfaces or components tested or sampled;
(h) The results of the lead inspection expressed in terms appropriate to the sampling method used;
(i) The statement specified in paragraph (E) of rule 3701-32-15 of the Administrative Code displayed at the top of the report in bold letters; and
(j) When no lead-based paint is identified in a residential unit, the following statement in bold letters, “the results of this lead inspection indicate no lead in amounts greater than or equal to 1.0 mg/cm 2 , 0.5 percent by weight, or 5,000 parts per million by weight, in paint was found on any building components of the residential unit using the lead inspection protocol in Chapter 7 of the HUD guidelines. Therefore, this residential unit qualifies for the exemption in 24 CFR part 35 and 40 CFR part 745 for target housing being leased is free of lead-based paint as defined in rule 3701-32-01 of the Administrative Code. However, some painted surfaces may contain levels of lead below 1.0 mg/cm 2 , 0.5 percent by weight, or 5,000 parts per million by weight which could create lead dust or lead-contaminated soil hazards if the paint is turned into dust by abrasion, scraping, or sanding. This report should be kept by the lead inspector and should also be kept by the owner and all future owners for the life of the structure or dwelling.”
(G) A lead inspector shall comply with the requirements stated in rule 3701-32-12 of the Administrative Code when performing a clearance examination and preparing a clearance examination report.
HISTORY: Replaces: 3701-32-02, 3701-32-04; Eff 12-30-94 (Emer.); 4-9-95; 3-21-98; 4-1-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3742.03
Rule amplifies: RC 3742.02, 3742.04, 3742.05, 3742.08, 3742.10, 3742.13, 3742.15, 3742.16, 3742.17, 3742.39
RC 119.032 review dates: 2/28/03, 2/1/08, 4/1/09