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Ohio Laws and Rules
(A) A lead risk assessor is licensed to conduct lead inspections, lead-based paint sampling, clearance examinations, lead risk assessments, lead hazard screen risk assessments, other lead assessment activities, or identify lead hazard control strategies to reduce or eliminate lead exposures.
(B) A lead risk assessor shall not design lead abatement projects, prepare pre-abatement plans, write lead abatement specifications, act as an abatement contractor, or perform lead abatement, lead-safe renovation or essential maintenance practices.
(C) To apply for a license as a lead risk assessor, 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 license certificates contain picture identification.
(D) To qualify for a lead risk assessor license, an individual shall:
(1) Successfully complete the initial course of instruction on lead activities for the lead risk assessor discipline, approved by the director pursuant to section 3742.08 of the Revised Code and rule 3701-82-01 of the Administrative Code, unless the individual is a certified industrial hygienist, industrial hygienist-in-training, registered sanitarian or sanitarian-in-training pursuant to paragraph (C) of rule 3701-32-04 of the Administrative Code;
(2) Meet or exceed one of the following:
(a) Be certified, licensed, or registered as an industrial hygienist, engineer, architect, or possess certification in a related field;
(b) Have a bachelor’s degree from an accredited college or university and one year experience in lead, asbestos, other environmental remediation work, or building construction;
(c) Have an associate’s degree from an accredited college or university and two years experience in lead, asbestos, other environmental remediation work, or building construction; or
(d) Have a high school diploma or equivalent and three years experience in lead, asbestos, other environmental remediation or building construction; and
(3) Pass an examination approved by the director.
(E) An individual licensed, certified or approved pursuant to the laws of another state for the lead risk assessor discipline is exempt from the requirements of paragraph (D) of this rule of the Administrative Code.
(F) The following documents shall be recognized by the director as proof of meeting the experience and education requirements for the lead risk assessor discipline:
(1) Certified academic transcripts as proof of meeting any educational requirements;
(2) Resumes, letters of reference, certification or licensure in another state, documentation of work experience, a personal affirmation, or copies of inspection reports as proof of meting the work experience requirements; and
(3) Certificates from lead-specific or other related training courses as proof of meeting the training requirements.
(G) The director shall not approve an application for a lead risk assessor license until the individual submits a complete application on forms prescribed by the director, pays the fee specified in rule 3701-32-04 of the Administrative Code, and provides documentation demonstrating the individual meets the requirements of this rule.
(H) For all lead activities performed by a lead risk assessor, the lead risk assessor, when applicable, shall:
(1) Submit any paint-chip, soil or air samples collected for lead concentration analysis to an environmental lead analytical laboratory approved pursuant to rule 3701-82-02 of the Administrative Code;
(2) Submit any dust samples collected for lead loading analysis to an environmental lead analytical laboratory approved pursuant to rule 3701-82-02 of the Administrative Code;
(3) Submit any water samples collected for lead concentration analysis to a laboratory approved pursuant to Chapter 3745-89 of the Administrative Code;
(4) Use documented methodologies incorporating adequate quality control procedures when collecting environmental samples;
(5) Use single-surface sampling techniques only, unless the lead risk assessor can provide quality control data from the approved environmental lead analytical laboratory analyzing the sample, indicating proficiency for composite dust samples collected from window sills, window troughs and floors and is able to achieve a minimum detection limit of 20 micrograms per square foot of sample area. Each composite dust sample shall be compared with the applicable clearance standard set forth in rule 3701-32-19 of the Administrative Code divided by half the number of sub-samples in the composite sample. No more than four sub-samples shall be included in one composite sample;
(6) Use an acceptable wipe material as defined by American society for testing and materials (ASTM) E 1792, “Standard specification for wipe sampling materials for lead in surface dust” as listed on the Ohio department of health website located at www.odh.state.oh.us; and
(7) For environmental samples, use the lead hazard levels set forth in rule 3701-32-19 of the Administrative Code to determine whether lead-based paint or lead hazards have been identified.
(I) A lead risk assessor shall perform a lead inspection according to the procedures in Chapter 7 of the HUD guidelines. In addition, the lead risk assessor shall:
(1) Prepare a written lead inspection report for each lead inspection performed. Each lead inspection report shall be written in a format prescribed by the director and shall comply with the requirements in rule 3701-32-15 of the Administrative Code. The lead inspection report shall contain the following:
(a) Date of the lead activity;
(b) Address, unit number, and date of construction of the residential unit, child day-care facility or school;
(c) Name, address, and telephone number of the owner or manager of the residential unit, child day-care facility or school;
(d) Name, license number, and signature of the lead risk assessor conducting the testing and the name, address, and telephone number of the firm employing each lead risk assessor;
(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 inspection indicate no lead in amounts greater than or equal to 1.0 mg/cm 2 , 0.5 percent by weight, or 5,000 parts per million by weight in paint was found on any building components of the residential unit using the inspection protocol in Chapter 7 of the HUD guidelines. Therefore, this residential unit qualifies for the exemption in 24 CFR part 35 and 40 CFR part 745 for target housing being leased is free of lead-based paint, as defined in rule 3701-32-01 of the Administrative Code. However, some painted surfaces may contain levels of lead below 1.0 mg/cm 2 , 0.5 percent by weight, or 5,000 parts per million by weight, which could create lead dust or lead-contaminated soil hazards if the paint is turned into dust by abrasion, scraping, or sanding. This report should be kept by the lead risk assessor and should also be kept by the owner and all future owners for the life of the structure or dwelling.”
(J) A lead risk assessor shall perform a lead hazard screen risk assessment according to the procedures in Chapter 5 of the HUD guidelines. In addition, the lead risk assessor shall:
(1) Collect background information regarding the physical characteristics and occupant use patterns in the residential unit, child day-care facility or school that may cause lead-based paint exposure to one or more children under six years of age;
(2) When conducting a lead hazard screen risk assessment:
(a) Conduct a visual assessment of the residential unit, child day-care facility or school to determine whether any deteriorated paint is present and locate at least two dust sampling locations;
(b) Test each interior and exterior surface with deteriorated paint;
(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 day-care facility, or school, the lead risk assessor shall collect, in addition to floor and window samples specified in paragraph (H)(2)(c)(i) of this rule, a dust sample from common areas where one or more children, under six years of age, are most likely to come into contact with dust.
(d) Prepare a written lead hazard screen risk assessment report for each lead hazard screen risk assessment performed. Each lead hazard screen risk assessment report shall be written in a format prescribed by the director and shall comply with the requirements set forth in rule 3701-32-15 of the Administrative Code. The lead hazard screen risk assessment report shall contain all of the following:
(i) Date of the lead activity;
(ii) Address, unit number, and date of construction of the residential unit, child day-care facility or school;
(iii) Name, address, and telephone number of the owner or manager of the residential unit, child day-care facility or school;
(iv) Name, license number, and signature of the lead risk assessor conducting the lead hazard screen risk assessment and the name, address, and telephone number of the firm employing each lead risk assessor;
(v) Name, address, and telephone number of each environmental lead analytical laboratory approved pursuant to rule 3701-82-02 of the Administrative Code performing the analysis of any collected samples;
(vi) Results of the visual assessment, and results of any sampling analysis performed during the course of the lead hazard screen risk assessment;
(vii) The testing method and sampling procedure for paint analysis employed and the specific locations of each component tested for the presence of lead;
(viii) All data collected form on-site testing, including quality control data and, if an XRF is used, its serial number;
(ix) Any recommendations for follow-up lead risk assessments or for further actions to remediate the lead hazards, if warranted; and
(x) The statement prescribed in paragraph (E) of rule 3701-32-15 of the Administrative Code prominently displayed at the top of the report in bold letters.
(K) A lead risk assessor shall perform a lead risk assessment according to the procedures in Chapter 5 of the HUD guidelines. The lead risk assessor, as part of the risk assessment, shall:
(1) Complete a questionnaire prescribed by the director;
(2) Review any previous testing reports, if available. The lead risk assessor may use the previous testing results in lieu of further testing if the previous testing results are found to be reliable according to Chapter 5 of the HUD guidelines;
(3) Perform a visual assessment of the interior and exterior of the residential unit, child day-care facility or school. During the visual assessment, identify, on forms prescribed by the director, all of the following:
(a) Overall building condition;
(b) Areas of bare soil;
(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 by means of paint-chip sample analysis or XRF analysis:
(a) Each impact, friction and chewable surface; and
(b) All other interior or exterior surfaces with deteriorated paint;
(5) In residential units, dust samples shall be collected from living areas, in a minimum of four rooms, hallways or stairs. Sampling priority shall be given to those rooms where one or more children under six years of age are most likely to come into contact with dust. Collect dust samples for lead loading analysis from the interior window sill and floor in a minimum of four rooms, hallways or stairs. If there are less than four rooms, hallways, or stairs, all rooms in the residential unit shall be sampled. In addition, the lead risk assessor shall always collect a dust sample from inside the principal entryway of the home. A minimum of nine dust samples shall be taken from each residential unit;
(6) In multi-family residential units, perform, at a minimum, sampling in the following locations:
(a) The areas required in paragraphs (K)(4) and (K)(5) of this rule;
(b) Common areas adjacent to the sampled residential unit;
(c) Other common areas in the building where the lead risk assessor determines one or more children, under six years of age, are likely to come into contact with dust; and
(d) The main entryway of each building;
(7) In child day-care facilities or schools, collect dust samples for lead loading analysis from an interior window sill and floor. At a minimum, dust samples shall be collected from each room, hallway, or stairwell and other common areas in the child day-care facility or school. A lead risk assessor shall:
(a) For spaces up to 2,000 square feet:
(i) Collect at least two dust samples from floors located in widely separated locations in “high traffic” areas regularly used or accessible to children under six years of age;
(ii) Collect at least two dust samples from interior sills;
(b) For spaces over 2,000 square feet:
(i) In addition to the samples required by paragraph (K)(7)(a)(i) of this rule, collect one additional dust sample from floors for each additional area of 2,000 square feet;
(ii) In addition to the samples required by paragraph (K)(7)(a)(ii) of this rule, collect one additional dust sample from alternating windows sills for each additional floor area of 2,000 square feet, unless all the windows in the space were sampled as part of the “up to 2,000 square feet” dust sampling procedure. For example, a room with a floor area of 2,300 square feet and three windows will require 3 floor dust samples (2 for the area up to and including 2,000 square feet and 1 additional sample for the additional 300 square feet) and 3 interior window sill dust samples (1sample from each of the first two windows and 1 additional sample for the additional 300 square feet of floor area);
(8) Collect soil samples for lead concentration analysis from a residential unit, child day-care facility or school. The samples shall be collected from the following locations:
(a) Exterior play areas where bare soil is present; and
(b) Exterior non-play areas where bare soil is present, including the building foundation and drip line areas;
(9) Collect water samples for lead concentration analysis, if warranted; and
(10) Prepare a written lead risk assessment report for each lead risk assessment performed. Each lead risk assessment report shall be written in a format prescribed by the director and shall comply with the requirements set forth in rule 3701-32-15 of the Administrative Code. The lead risk assessment report shall contain all of the following:
(a) The information specified in paragraphs (J)(2)(d)(i) to (J)(2)(d)(viii) of this rule;
(b) When assessing a residential unit, child day-care facility or school, background information regarding the physical characteristics and occupant use patterns that may cause lead hazard exposure to one or more children under six years of age;
(c) Results of the lead loading analysis of dust samples, in micrograms per square foot, by location of sample recorded on a diagram of the floor plan of the residential unit, child day-care facility or school;
(d) Results of the lead concentration analysis of soil samples, in parts per million, by location of sample recorded on a plot plan of the residential unit, child day-care facility or school;
(e) Results of the lead concentration analysis of water samples, in parts per billion;
(f) A description of the location and type of identified lead hazards;
(g) A description of recommended non-abatement and/or abatement options for each identified lead hazard and suggested prioritization for addressing each hazard. If the use of an encapsulant, enclosure, or non-abatement option is recommended, the lead risk assessment report shall recommend a maintenance and monitoring schedule for the encapsulation, enclosure or non-abatement to maintain control of each lead hazard identified; and
(h) The statement prescribed in paragraph (E) of 3701-32-15 of the Administrative Code prominently displayed at the top of the report in bold letters.
HISTORY: Replaces: 3701-32-02, 3701-32-04; Eff 12-30-94 (Emer.); 4-9-95; 3-21-98; 6-19-03; 4-1-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3742.03
Rule amplifies: RC 3742.02, 3742.04, 3742.05, 3742.06, 3742.071 3742.08, 3742.10, 3742.14, 3742.15, 3742.16, 3742.17, 3742.20, 3742.35, 3742.36, 3742.37, 3742.39, 3742.40, 3742.50
RC 119.032 review dates: 2/28/03, 6/01/08, 4/1/09