3742.41 Presumptions relative to property constructed prior to 1-1-78; registration as lead-safe residential rental unit.

(A) The director of health shall establish and maintain a lead-safe residential rental unit registry in accordance with rules adopted under section 3742.45 of the Revised Code. The director shall not impose a fee for registration of a residential rental unit on the registry.

(B) Beginning six months after the effective date of the rules referenced in division (A) of this section, the owner of a residential rental unit constructed before January 1, 1978, may implement the residential rental unit lead-safe maintenance practices specified in section 3742.42 of the Revised Code for the control of any lead hazards.

(C) After completion of the residential rental unit lead-safe maintenance practices, the owner may register the property as a lead-safe residential rental unit with the department of health for inclusion on the registry.

(D) The owner of a residential rental unit also may register the unit as a lead-safe residential rental unit with the department for inclusion on the registry if either of the following apply:

(1) The residential rental unit was or is constructed after January 1, 1978;

(2) The residential rental unit is lead free as determined by a licensed lead inspector or lead risk assessor after an inspection of the unit.

(E)

(1) The owner of a residential rental unit that is subject to a lead hazard control order under section 3742.37 of the Revised Code shall register the residential rental unit on the lead-safe residential rental unit lead-safe registry after the unit passes a clearance examination, as specified in section 3742.39 of the Revised Code, indicating that the lead hazards identified in the order are controlled.

(2) The owner of a residential rental unit that is designated as housing for the elderly or senior housing by the director is exempt from the requirement to register under division (E)(1) of this section.

Cite as R.C. § 3742.41

Amended by 132nd General Assembly File No. TBD, HB 49, §101.01, eff. 9/29/2017.

Effective Date: 04-07-2003; 05-18-2005.