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

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

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

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

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

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

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

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

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

(3) Pass an examination approved by the director.

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

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

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

(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 meeting the work experience requirements; or

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(a) Start and completion dates of the abatement;

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

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

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

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

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

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

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

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

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

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

Rule promulgated under: RC 119.03

Rule authorized by: RC 3742.03

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

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