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Title 37 | Health-Safety-Morals
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Section 3742.07 | Duties of contractor before commencing project.

... (A) Prior to engaging in any lead abatement project on a residential unit, child care facility, or school, the lead abatement contractor primarily responsible for the project shall do all of the following: (1) Prepare a written respiratory protection plan that meets requirements established by rule adopted under section 3742.03 of the Revised Code and make the plan available to the department of health and all lea...

Section 3742.071 | Certifying results of lead risk assessment and options for reducing identified lead hazards.

...All of the following apply in the performance of activities by persons licensed under this chapter: (A) A lead risk assessor shall certify in writing the precise results of a lead risk assessment and options for reducing identified lead hazards. (B) A clearance technician may perform a clearance examination when the examination is in connection with activities other than a lead abatement project. A clearance examin...

Section 3742.08 | Training programs and examination for licensure.

...(A)(1) The director of health shall conduct, specify requirements by rule, or approve training programs for licensure of lead inspectors, lead abatement contractors, lead risk assessors, lead abatement project designers, lead abatement workers, and clearance technicians. In accordance with Chapter 119. of the Revised Code, the director shall adopt rules establishing all of the following: (a) A system for accreditat...

Section 3742.09 | Applying for approval of laboratory.

...(A) Any person desiring approval from the director of health for an environmental lead analytical laboratory or a clinical laboratory to perform lead testing shall submit an application for approval to the director on forms that he shall prescribe and provide. (B) The director shall adopt rules in accordance with Chapter 119. of the Revised Code to establish all of the following: (1) Procedures and criteria for ap...

Section 3742.10 | Maintaining lists of licenses and training programs.

...(A) The director of health shall maintain a list of both of the following: (1) Lead inspectors, lead abatement contractors, lead risk assessors, lead abatement project designers, lead abatement workers, and clearance technicians licensed under this chapter; (2) Training programs approved under section 3742.08 of the Revised Code. (B) Information contained in any list maintained under this section is a public reco...

Section 3742.14 | Employing inspector, assessor, or clearance technician.

...Any property owner or manager, at any time, may employ a lead inspector to conduct a lead inspection; a lead risk assessor to conduct a lead risk assessment; or a clearance technician, lead inspector, or lead risk assessor to conduct a clearance examination of the property, and may provide a copy of the report based on that inspection, assessment, or examination to the director of health. The director shall includ...

Section 3742.15 | Complaints.

...Any person may file a complaint with the director of health concerning a lead inspector, a lead abatement contractor, a lead risk assessor, a lead abatement project designer, a lead abatement worker, a clearance technician, a clinical laboratory, an environmental lead analytical laboratory, or a training course. The complainant's name shall be confidential and shall not be released without the complainant's written ...

Section 3742.16 | Disciplinary actions.

...In accordance with Chapter 119. of the Revised Code, the director of health may refuse to issue or renew, or may suspend or revoke, a license, an accreditation or certification, or an approval of any person, program, or laboratory for one or more of the following reasons: (A) Violation of any provision of this chapter or the rules adopted under it; (B) Failure to pay the fee for the issuance or renewal of a license...

Section 3742.17 | Liability of licensees and persons contracting with licensees.

...(A) Where any person is licensed by the department of health to engage in lead abatement, lead inspection, lead risk assessment, clearance examination, or any other activity under this chapter, the liability of that person, when performing the activity in accordance with procedures established pursuant to state or federal law, for an injury to any individual or property caused or related to the activity shall be limi...

Section 3742.18 | Civil action.

...(A)(1) At the request of the director of health, the attorney general may commence a civil action for civil penalties and injunctive and other equitable relief against any person who violates section 3742.02, 3742.06, or 3742.07 of the Revised Code. The action shall be commenced in the court of common pleas of the county in which the violation occurred or is about to occur. (2) The court shall grant injunctive and ...

Section 3742.19 | Lead abatement personnel licensing fund.

...Except for any licensing examination fee collected and retained by an entity under contract pursuant to division (B) of section 3742.08 of the Revised Code, all fees collected under sections 3742.01 to 3742.18 of the Revised Code; any grant, contribution, or other moneys received for the purposes of those sections; and fines collected under section 3742.99 of the Revised Code shall be deposited into the state treas...

Section 3742.20 | Effect of child support default on license.

...On receipt of a notice pursuant to section 3123.43 of the Revised Code, the director of health shall comply with sections 3123.41 to 3123.50 of the Revised Code and any applicable rules adopted under section 3123.63 of the Revised Code with respect to a license issued pursuant to this chapter.

Section 3742.30 | Blood lead screening tests for at-risk children.

...Each child at risk of lead poisoning shall undergo a blood lead screening test to determine whether the child has lead poisoning. The at-risk children shall undergo the test at times determined by rules the director of health shall adopt in accordance with Chapter 119. of the Revised Code that are consistent with the guidelines established by the centers for disease control and prevention in the public health s...

Section 3742.31 | Child lead poisoning prevention program.

...(A) The director of health shall establish, promote, and maintain a child lead poisoning prevention program. The program shall provide statewide coordination of screening, diagnosis, and treatment services for children under age six, including both of the following: (1) Collecting the social security numbers of all children screened, diagnosed, or treated as part of the program's case management system; (2) Disclos...

Section 3742.32 | Advisory council.

... (A) The director of health shall appoint an advisory council to assist in the ongoing development and implementation of the child lead poisoning prevention program created under section 3742.31 of the Revised Code. The advisory council shall consist of the following members: (1) A representative of the department of medicaid; (2) A representative of the bureau of child care in the department of job and family ...

Section 3742.34 | Delegating authority to board of health.

...If the director of health determines that a board of health can satisfactorily enforce sections 3742.35 to 3742.40 of the Revised Code, the director may delegate the authority to enforce those sections to the board. The director may revoke the delegation of authority at any time by written notice delivered to the board of health by certified mail.

Section 3742.35 | Investigations.

...When the director of health or a board of health authorized to enforce sections 3742.35 to 3742.40 of the Revised Code becomes aware that an individual under six years of age has lead poisoning, the director or board shall conduct an investigation to determine the source of the lead poisoning. The director or board may conduct such an investigation when the director or board becomes aware that an individual six years...

Section 3742.36 | Risk assessment of residential unit, child care facility, or school.

...When the director of health or an authorized board of health determines pursuant to an investigation conducted under section 3742.35 of the Revised Code that a residential unit, child care facility, or school is a possible source of the child's lead poisoning, the director or board shall conduct a risk assessment of that property in accordance with rules adopted under section 3742.45 of the Revised Code.

Section 3742.37 | Lead hazard control order.

...(A) If the results of a risk assessment conducted under section 3742.36 of the Revised Code indicate that one or more lead hazards identified in a residential unit, child care facility, or school are contributing to a child's lead poisoning, the director of health or authorized board of health immediately shall issue an order to have each lead hazard in the property controlled. The areas of the unit, facility, or sc...

Section 3742.38 | Owner or manager to cooperate and choose method of control.

...The owner and manager of a residential unit, child care facility, or school that is subject to a lead hazard control order issued under section 3742.37 of the Revised Code shall cooperate with the director of health or board of health that issued the order in controlling each lead hazard specified in the order. The owner or manager shall choose a method of controlling each lead hazard that enables the residential uni...

Section 3742.39 | Clearance examination.

...A residential unit, child care facility, or school remains subject to a lead hazard control order issued under section 3742.37 of the Revised Code until the unit, facility, or school passes a clearance examination. After the unit, facility, or school passes the clearance examination, the director of health or board of health that issued the order shall provide the owner and manager of the unit, facility, or school wi...

Section 3742.40 | Prohibiting use of unit, facility, or school.

...If the owner and manager of a residential unit, child care facility, or school fails or refuses for any reason to comply with a lead hazard control order issued under section 3742.37 of the Revised Code, the director of health or board of health that issued the order shall issue an order prohibiting the owner and manager from permitting the unit, facility, or school to be used for any purpose until the unit, facility...

Section 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 un...

Section 3742.42 | Residential rental unit lead-safe maintenance practices.

...(A) In completing residential rental unit lead-safe maintenance practices, the owner or agent of the owner of a residential rental unit shall do all of the following: (1) Successfully complete a training program in residential rental unit lead-safe maintenance practices approved by the director under section 3742.43 of the Revised Code; (2) Annually perform a visual examination for deteriorated paint, underlying da...

Section 3742.43 | Approval of training programs in residential rental unit lead-safe maintenance practices.

...(A) A person seeking approval of a training program in residential rental unit lead-safe maintenance practices shall apply for approval of the training program to the director of health. The application shall be made on a form prescribed by the director and shall include the nonrefundable application fee established in division (B) of this section. The director shall approve the training program if the applicant demo...