3701-32-19 Levels of lead hazardous to human health and clearance examination standards.

(A) Lead-based paint is present:

(1) When a paint or other surface coating contains a lead concentration equal to or exceeding 1.0 mg/cm2 (milligram per square centimeter), 0.5 percent by weight, or five thousand parts per million (ppm) by weight; and

(2) On any surface like a surface tested in the same room that has a lead concentration equal to or exceeding the level set forth in paragraph (A)(1) of this rule.

(B) Lead-based paint is hazardous to human health when present:

(1) On any friction surface where the dust levels on the nearest horizontal surface, including, but not limited to, window sills or floors, underneath the friction surface are equal to or exceed:

(a) Forty micrograms per square foot or more of lead, if the horizontal surface is an interior floor or exterior living area floor;

(b) Two hundred fifty micrograms per square foot or more of lead, if the horizontal surface is an interior window sill or an exterior living area window sill; and

(c) Forty micrograms per square foot or more of lead, if the horizontal surface is not a window trough, or an interior window sill;

(2) On any chewable lead-based painted surface that has evidence of teeth marks;

(3) Where there is any damaged or otherwise deteriorated lead-based paint on an impact surface; or

(4) Where there is deteriorated lead-based paint in a residential unit, child care facility, or school or on the exterior of any residential unit, child care facility, or school.

(C) Lead-contaminated dust is hazardous to human health when present:

(1) On interior floors, or exterior living area floors containing a lead loading of forty micrograms per square foot or more;

(2) On interior window sills or exterior living area window sills containing a lead loading of two hundred fifty micrograms per square foot or more;

(3) On window troughs containing four hundred micrograms per square foot or more lead;

(4) On any horizontal surface if that surface is not an interior window sill, exterior living area window sill or window trough containing a lead loading of forty micrograms per square foot or more; or

(5) On floors or interior window sills in an unsampled residential unit or common area in a multi-family dwelling if a dust lead hazard is present on floors or interior window sills when random sampling was performed and when the minimum number of residential units, common areas, or exterior areas, or both, as determined in appendix C to rule 3701-32-12 of the Administrative Code were sampled. In addition, all the randomly sampled residential units meet the standards set forth in paragraph (C) of this rule thereby establishing a ninety-five per cent level of confidence that no more than five percent or fifty of the residential units, whichever is smaller, have components that may equal or exceed the hazard standards;

(D) Lead-contaminated soil is hazardous to human health when present:

(1) In non-play areas when the lead concentration from a composite sample, or arithmetic mean of composite samples, is equal to or exceeds one thousand two hundred micrograms per gram;

(2) In play areas when the lead concentration from a composite sample is equal to or exceeds four hundred micrograms per gram;

(E) Lead-contaminated water pipes that leach a lead concentration equal to or exceeding fifteen micrograms per liter into a flushed water sample collected in accordance with the procedure specified in 40 C.F.R. 141.86 (2007) are considered hazardous to human health.

(F) In order to pass a clearance examination a residential unit, child care facility or school shall:

(1) For single-surface wipes, have a lead loading less than:

(a) Forty micrograms per square foot on interior floors, or exterior living area floors;

(b) Two hundred fifty micrograms per square foot on interior window sills, exterior living area window sills, or on any other interior chewable surface; and

(c) Four hundred micrograms per square foot on window troughs.

(2) All horizontal surfaces in the exterior living area closest to the surface abated or receiving non-abatement treatments shall be found to be free of all visible dust and debris.

Effective: 08/04/2014
R.C. 119.032 review dates: 05/07/2014 and 04/01/2019
Promulgated Under: 119.03
Statutory Authority: 3742.50
Rule Amplifies: 3742.02 , 3742.03 , 3742.04 , 3742.071 , 3742.39 , 3742.49
Prior Effective Dates: 12/30/1994 (Emer.), 4/9/95, 3/21/98, 6/19/03, 4/1/04, 7/5/09