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Ohio Laws and Rules
(A) A clearance examination includes a visual examination of a residential unit, child day-care facility, or school which may be followed by the collection of environmental samples to determine whether lead abatement, interim controls, essential maintenance practices, paint stabilization, or lead-safe renovation work in a residential unit, child day-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 in a residential unit, child day-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 the clearance standards set forth in rule 3701-32-19 of the Administrative Code to determine whether lead hazards have been sufficiently controlled;
(3) Use documented methodologies incorporating adequate quality control procedures when collecting water, dust, or soil samples;
(4) Use single-surface sampling techniques only, unless the lead risk assessor, lead inspector or clearance technician can provide quality control data from an approved environmental lead analytical laboratory indicating proficiency for composite dust samples collected from windows 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;
(5) Use a wipe material acceptable to the American society for testing and materials (ASTM) as described in the 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 when taking dust samples;
(6) Submit any paint-chip, soil or air samples collected for lead concentration to an environmental lead analytical laboratory approved by the director pursuant to rule 3701-82-02 of the Administrative Code;
(7) 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;
(8) 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 paragraphs (G) and (H) of this rule, when performing a clearance examination in residential units, 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. The findings shall be recorded on a form prescribed by the director;
(2) Inform the property owner and person(s) performing the associated lead abatement or non-abatement work of all deteriorated painted surfaces, visible dust, paint chips, debris or residue identified during the visual assessment. The person(s) performing the associated lead abatement or non-abatement work shall control or eliminate all deteriorated paint, visible dust, paint chips, debris or residue identified. The lead inspector, lead risk assessor or clearance technician shall not collect dust samples until the clearance area passes the visual assessment;
(3) Following a successful visual assessment, choose sample locations and collect the environmental samples for analysis in a residential unit in accordance with Table 1.0 of this rule;
(4) Where similar multi-family residential units have undergone comparable types of lead hazard control activities, such as lead abatement or non-abatement, the units may be grouped together for the purposes of clearance, provided that:
(a) The individuals performing the lead abatement or non-abatement activity do not know which residential units, common areas and/or exterior areas will be selected for the random sample;
(b) The minimum number of residential units, common areas and/or exterior areas to be sampled are determined by Table 2.0 as set forth in this rule;
(c) All the randomly sampled residential units meet the clearance standards set forth in rule 3701-32-19 of the Administrative Code, thereby establishing a 95 percent level of confidence that no more than 5 percent or 50 of the residential units (whichever is smaller) have components that may equal or exceed the clearance standards;
(d) For each randomly sampled residential unit, common area and/or exterior area, the lead inspector, lead risk assessor or clearance technician shall perform a clearance examination according to paragraphs (E)(1), (E)(2),and (E)(3) of this rule; and
(e) If the residual lead level in a sample equals or exceeds the clearance examination levels established in rule 3701-32-19 of the Administrative Code, the components represented by the failed sample shall be recleaned and retested;
(5) Perform a reexamination of the residential unit(s) following the procedures in paragraphs (E)(1), (E)(2) and (E)(3) of this rule, when the previous clearance examination sample results indicate the lead loading of the environmental samples are equal to or exceed the clearance examination levels established in rule 3701-32-19 of the Administrative Code.
(F) Except as provided in paragraph (G) and (H) of this rule, when performing a clearance examination in a child day-care facility or school, the lead inspector, the lead risk assessor 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. The findings shall be recorded on a form prescribed by the director. If deteriorated painted surfaces, visible dust, paint chips, debris or residue are identified during the visual assessment, these conditions shall be eliminated or controlled. The lead inspector, lead risk assessor or clearance technician shall not collect dust samples until the clearance area passes the visual assessment;
(2) Following a successful visual assessment, select sample locations and collect environmental samples in child day-care facilities and schools using the guidance of Table 1.1 of this rule; and
(3) Perform a reexamination of the child day-care facility or school following the procedures in paragraphs (F)(1) and (F)(2) of this rule, when the previous clearance examination sample results indicated the lead loading of the dust samples are equal to or exceed the clearance examination levels established in rule 3701-32-19 of the Administrative Code.
(G) When performing clearance examinations following essential maintenance practices in residential units, child day-care facilities or schools to comply with section 3742.41(B) of the Revised Code, as part of the clearance examination, the lead inspector, lead risk assessor or clearance technician shall do all of the following:
(1) Perform a visual assessment to identify any remaining deteriorated paint that is or may be lead-based paint, to identify visible dust, paint chips, debris or residue and to identify any remaining rough, porous or pitted horizontal surfaces in the following locations:
(a) The interior surfaces and all common areas of the residential unit, child day-care facility or school;
(b) The exterior surfaces and exterior living areas of the residential unit, child day-care facility or school;
(c) Every attached or unattached structure located within the same lot line as the unit that the owner or manager considers to be associated with the operation of the unit, including garages, play equipment, and fences; and
(d) The lot or land that the unit occupies.
(2) Record the findings of the visual assessment on a form prescribed by the director. If deteriorated painted surfaces or visible dust, debris or residue are identified during the visual assessment, the relevant areas shall be recleaned until a successful visual assessment is achieved. The lead inspector, lead risk assessor or clearance technician shall not collect dust samples until the clearance areas(s) pass the visual assessment;
(3) Following a successful visual assessment, select sample locations and collect environmental samples for clearance examinations in residential units using the guidance in Table 1.0 and in child day-care facilities or schools using the guidance of Table 1.1 of this rule; and
(4) Perform a reexamination, following the procedures in paragraphs (G)(1), (G)(2) and (G)(3) of this rule, of the residential unit, child day-care facility or school when the previous clearance examination sample results indicated the lead loading of the environmental samples are equal to or exceed the clearance examination levels set forth in rule 3701-32-19 of the Administrative Code.
(H) When performing a clearance examination in a residential unit, child day-care facility or school where lead hazard control orders have been issued pursuant to 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 ensure that all lead hazards identified in the lead hazard control order have been sufficiently eliminated or controlled;
(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 deteriorated painted surfaces, visible dust, paint chips, debris, residue or other lead hazards are identified during the visual assessment, these conditions shall be eliminated or controlled. The lead inspector or lead risk assessor shall not collect dust samples until the clearance area passes the visual assessment;
(3) Following a successful visual examination, collect environmental samples in residential units, using the guidance in Table 1.0 of this rule and in child day-care facilities or schools, using the guidance in Table 1.1 of this rule;
(4) Perform a reexamination of the residential unit(s), child day-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.
(I) The lead inspector, lead 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. The clearance examination report shall contain the following:
(1) The address of the residential unit, child day-care facility or school and, if only part of a multifamily 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 day-care facility or the name, address and telephone number of the school principal;
(3) The following information on the lead abatement or non-abatement activity for which the clearance examination was performed;
(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 for the project, or persons performing non-abatement activity; and
(c) A detailed written description of all lead abatement, interim controls, essential maintenance practices, paint stabilization, or lead-safe renovation work, locations where the activity was performed and suggested monitoring schedule of encapsulants, enclosures, and non-abatement lead activity to maintain sufficient control of lead hazards;
(4) The following information on the clearance examination:
(a) Date of the clearance examination or reexamination;
(b) Name, address, license number and signature of each person performing the clearance examination;
(c) Findings of each visual assessment;
(d) Results of each 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;
(e) Results of each 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;
(f) Results of the lead concentration analysis of water samples, in parts per billion and the location of each sample; and (g) Name, address and approval number of each environmental lead analytical laboratory conducting the analysis of any dust or soil sample and the name, address, and approval number of each laboratory approved pursuant to 3745-89 of the Administrative Code conducting the analysis of any water sample.
Table 1.0 Residential Units: Clearance Area and Minimum Number and Location of Environmental Samples
Clearance Category Number and Location of Samples in Each Area
1 Interior work with no dust containment The clearance area is the entire residential unit. If the clearance area contains four or fewer rooms, all rooms must be sampled. If there are more than four rooms, a minimum of four rooms shall be selected for sampling. Collect three samples from each room to be sampled: A) One from the floor; B) One from an interior window sill; C) One from an interior window trough.
2 Interior work with dust containment The clearance area includes only the rooms in which work has been done, in no less than four rooms in the containment area. If less than four rooms are in the containment area, all rooms in the area shall be sampled. Collect three samples from each room to be sampled: A)One from the floor; B)One from an interior window sill; C) One from an interior window trough. In addition, collect one additional floor sample outside of, and within 10 feet of, the containment area.
3 Exterior paint disturbing work If building openings within twenty feet of the work surfaces were not sealed or tightly closed, Category 1 interior dust sampling must be conducted in rooms that may have been contaminated. No interior dust sampling is required as part of a clearance examination for exterior work if building openings near the work surfaces were tightly closed or sealed during the work.
4 Exterior living area A minimum of one dust sample from a horizontal surface in an exterior living area (such as a porch floor or entryway) that may have been contaminated during exterior paint disturbing work.
5 Soil If soil treatment was performed and bare areas of soil remain, soil samples shall be collected from those areas. If soil treatment involved impermanent soil surface covering of bare soil areas, soil samples are not needed, a visual assessment is adequate.
6 Essential Maintenance Practices The clearance area is the entire residential unit, including areas identified in paragraph (G)(1) of this rule. Step 1- Visual assessment of all rough, pitted or porous horizontal surfaces to ensure a smooth, cleanable covering or coating, such as metal coil stock, plastic, polyurethane, carpet or linoleum was installed.
Clearance area shall also be free of debris. Step 2- A minimum of four rooms shall be sampled. Collect three samples from each room to be sampled: A) One from the floor; B) One from an interior window sill; C) One from a window trough. Step 3 – Dust sampling of exterior living areas, such as porches, patios, or stoops upon completion of essential maintenance practices. Step 4- A visual assessment must be performed to determine if all bare areas of soil were sufficiently covered.
7 Water When lead water levels above the hazard level are identified during the risk assessment, a water sample shall be collected during the clearance examination to ensure the lead-contaminated water hazard has been eliminated or controlled.
Table 1.1 Child Day-Care Facilities and Schools: Clearance Area and Minimum Number and Location of Environmental Samples Clearance Category Number and Location of Samples in Each Area
1 Interior work with no dust containment Collect dust samples in all rooms where children frequent including, but not limited to classrooms, common areas, hallways, music room, computer room, etc., according to the following: For spaces up to 2,000 square feet: A) Collect 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. B) Collect two dust samples from interior window sills; C) Collect two dust samples from window troughs. For spaces over 2,000 square feet: A) Collect one additional dust sample from floors for each additional area of up to 2,000 square feet. B) Collect one additional dust sample from a window sill for each additional floor area of 2,000 square feet, unless all the window sills in the space were sampled as part of the “up to 2,000 square feet” dust sampling procedure; C) Collect one additional dust sample from a window trough, for each additional floor area of 2,000 square feet, unless all the window troughs 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: A) Three floor dust samples (2 for the area up to and including 2000 square feet and 1 additional sample for the additional 300 square feet) and; B) Three window dust samples alternating between sill and trough (1 sample from each of the first two windows and 1 additional sample for the additional 300 square feet of floor area).
2 Interior work with dust containment The minimum clearance area includes only the rooms in which work was done. For spaces up to 2,000 square feet: A) Collect 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; B) Collect two dust samples from interior window sills; C) Collect two dust samples from window troughs; D) Collect at least one additional floor dust sample collected outside but within ten feet of the containment area regardless of square footage size of the containment area. For spaces over 2,000 square feet: A) Collect one additional dust sample from floors for each additional area of up to 2,000 square feet. B) Collect one additional dust sample from a window sill for each additional floor area of 2,000 square feet, unless all the window sills in the space were sampled as part of the “up to 2,000 square feet” dust sampling procedure. C) Collect one additional dust sample from a window trough, for each additional floor area of up to 2,000 square feet, unless all the window troughs in the space were sampled as part of the “up to 2,000square feet” dust sampling procedure; D) Collect at least one additional floor dust sample collected outside but within ten feet of the containment are regardless of square footage size of the containment area. See example in Category 1, Table 1.1.
3 Exterior paint disturbing work If building openings near the work surfaces were not sealed or tightly closed, Category 1 interior dust sampling must be conducted in rooms that may have been contaminated. No interior dust sampling is required as part of a clearance examination for exterior work if building openings near the work surfaces were tightly closed or sealed during the work.
4 Soil If soil treatment was performed and bare areas of soil remain, composite samples shall be collected from those areas. If soil treatment involved covering of bare soil areas only, soil samples are not needed; a visual assessment is adequate.
5 Essential Maintenance Practices Step 1 – Perform a visual assessment of rough, pitted or porous horizontal surfaces to ensure that a smooth, cleanable covering or coating, such as metal coil stock, plastic, polyurethane, carpet, or linoleum was installed. Step 2 – Collect dust samples in all rooms including, but not limited to, classrooms, common areas, hallways, music rooms, computer rooms, according to the following: For spaces up to 2,000 square feet: A) Collect two dust samples from floors located in widely separated locations in “high traffic” areas. B) Collect two dust samples from interior window sills; C) Collect two dust samples from window troughs; For spaces over 2,000 square feet: A) Collect one additional dust sample from floors for each additional area of up to 2,000 square feet. B) Collect one additional dust sample from windows, alternating between sill and trough, for each additional floor area of up to 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. Step 3 – A visual assessment must be performed to determine if all bare areas of soil were sufficiently covered.
6 Water When lead water levels above the hazard level are identified during the risk assessment, a water sample shall be collected during the clearance examination to ensure the lead-contaminated water hazard has been eliminated or controlled.
Table 2.0 Minimum Number of Randomly Sampled Residential Units To Be Tested in Multifamily Developments When Performing Clearance Examinations
Number of Similar Residential Units, Number of Residential Units to be Tested to obtain a 95 percent
Similar Common Areas or Exterior Areas level of confidence
in a Building or Development
1-20 All
21-26 20
27 21
28 22
29 23
30 23
31 24
32 25
33-34 26
35 27
36 28
37 29
38-39 30
40-48 31
49-50 31
51 32
52-53 33
54 34
55-56 35
57-58 36
59 37
60-69 38
70-73 38
74-75 39
76-77 40
78-79 41
80-88 42
89-95 42
96-97 43
98-99 44
100-109 45
110-117 45
118-119 46
120-138 47
139-157 48
158-159 49
160-177 49
178-197 50
198-218 51
219-258 52
259-279 53
280-299 53
300-379 54
280-499 55
500-776 56
777-939 57
940-1004 57
1005-1022 58
1023-1032 59
1033-1039 59
HISTORY: Replaces: 3701-32-02; Eff 4-1-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3742.03, 3742.50
Rule amplifies: RC 3742.02, 3742.04, 3742.071, 3742.39, 3742.41
RC 119.032 review date: 4/1/09