REPRESENTATIVES Williams, Schaffer, Kearns, Barrett, Otterman, R. Miller, Lendrum, Rhine, G. Smith, Jones, D. Miller, Allen, Hollister, Ford, Roman

To amend sections 3314.03, 3318.031, 3742.01 to

1

3742.08, 3742.10 to 3742.19, and 3742.99; to

2

amend, for the purpose of adopting new section

3

numbers as indicated in parentheses, sections

4

3742.11 (3742.31), 3742.12 (3742.35), and 3742.13

5

(3742.34); to enact sections 3701.61, 3742.071,

6

3742.161, 3742.32, and 3742.36 to 3742.52 of the

7

Revised Code with respect to the prevention of

8

childhood lead poisoning; and to repeal section

9

3742.32 of the Revised Code to cause the advisory

10

council created under section 3742.32 to expire

11

December 31, 2004.

12

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That sections 3314.03, 3318.031, 3742.01,	13
3742.02, 3742.03, 3742.04, 3742.05, 3742.06, 3742.07, 3742.08,	14
3742.10, 3742.11, 3742.12, 3742.13, 3742.14, 3742.15, 3742.16,	15
3742.17, 3742.18, 3742.19, and 3742.99 be amended; sections	16
3742.11 (3742.31), 3742.12 (3742.35), and 3742.13 (3742.34) be	17
amended for the purpose of adopting new section numbers as	18
indicated in parentheses; and sections 3701.61, 3742.071,	19
3742.161, 3742.32, 3742.36, 3742.37, 3742.38, 3742.39, 3742.40,	20
3742.41, 3742.42, 3742.43, 3742.44, 3742.45, 3742.46, 3742.47,	21
3742.48, 3742.49, 3742.50, 3742.51, and 3742.52 of the Revised	22
Code be enacted to read as follows:	23

Sec. 3314.03.  (A) Each contract entered into under section	24
3314.02 of the Revised Code between a sponsor and the governing	25
authority of a community school shall specify the following:	26

(1) That the school shall be established as a nonprofit	27
corporation established under Chapter 1702. of the Revised Code;	28

(2) The education program of the school, including the	29
school's mission, the characteristics of the students the school	30
is expected to attract, the ages and grades of students, and the	31
focus of the curriculum;	32

(3) The academic goals to be achieved and the method of	33
measurement that will be used to determine progress toward those	34
goals, which shall include the statewide proficiency tests;	35

(4) Performance standards by which the success of the school	36
will be evaluated by the sponsor;	37

(5) The admission standards of section 3314.06 of the	38
Revised Code;	39

(6) Dismissal procedures;

40

(7) The ways by which the school will achieve racial and	41
ethnic balance reflective of the community it serves;	42

(8) Requirements and procedures for financial audits by the	43
auditor of state. The contract shall require financial records of	44
the school to be maintained in the same manner as are financial	45
records of school districts, pursuant to rules of the auditor of	46
state, and the audits shall be conducted in accordance with	47
section 117.10 of the Revised Code.	48

(9) The facilities to be used and their locations;

49

(10) Qualifications of teachers, including a requirement	50
that the school's classroom teachers be licensed in accordance	51
with sections 3319.22 to 3319.31 of the Revised Code, except that	52
a community school may engage noncertificated persons to teach up	53
to twelve hours per week pursuant to section 3319.301 of the	54
Revised Code;	55

(11) That the school will comply with the following	56
requirements:	57

(a) The school will provide learning opportunities to a	58
minimum of twenty-five students for a minimum of nine hundred	59
twenty hours per school year;	60

(b) The governing authority will purchase liability	61
insurance, or otherwise provide for the potential liability of the	62
school;	63

(c) The school will be nonsectarian in its programs,	64
admission policies, employment practices, and all other	65
operations, and will not be operated by a sectarian school or	66
religious institution;	67

(d) The school will comply with sections 9.90, 9.91, 109.65,	68
121.22, 149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 3301.0711,	69
3301.0714, 3313.50, 3313.643, 3313.66, 3313.661, 3313.662,	70
3313.67, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.80,	71
3313.96, 3319.321, 3319.39, 3321.01, 3327.10, 4111.17, and 4113.52	72
and Chapters 117., 1347., 2744., 3365., 3742., 4112., 4123.,	73
4141., and 4167. of the Revised Code as if it were a school	74
district;	75

(e) The school shall comply with Chapter 102. of the Revised	76
Code except that nothing in that chapter shall prohibit a member	77
of the school's governing board from also being an employee of the	78
school and nothing in that chapter or section 2921.42 of the	79
Revised Code shall prohibit a member of the school's governing	80
board from having an interest in a contract into which the	81
governing board enters;	82

(f) The school will comply with sections 3313.61 and	83
3313.611 of the Revised Code, except that the requirement in those	84
sections that a person must successfully complete the curriculum	85
in any high school prior to receiving a high school diploma may be	86
met by completing the curriculum adopted by the governing	87
authority of the community school rather than the curriculum	88
specified in Title XXXIII of the Revised Code or any rules of the	89
state board of education;	90

(g) The school governing authority will submit an annual	91
report of its activities and progress in meeting the goals and	92
standards of divisions (A)(3) and (4) of this section and its	93
financial status to the sponsor, the parents of all students	94
enrolled in the school, and the legislative office of education	95
oversight. The school will collect and provide any data that the	96
legislative office of education oversight requests in furtherance	97
of any study or research that the general assembly requires the	98
office to conduct, including the studies required under Section	99
50.39 of Am. Sub. H.B. 215 of the 122nd general assembly and	100
Section 50.52.2 of Am. Sub. H.B. 215 of the 122nd general	101
assembly, as amended.	102

(12) Arrangements for providing health and other benefits to	103
employees;	104

(13) The length of the contract, which shall begin at the	105
beginning of an academic year and shall not exceed five years;	106

(14) The governing authority of the school, which shall be	107
responsible for carrying out the provisions of the contract;	108

(15) A financial plan detailing an estimated school budget	109
for each year of the period of the contract and specifying the	110
total estimated per pupil expenditure amount for each such year.	111
The plan shall specify for each year the base formula amount that	112
will be used for purposes of funding calculations under section	113
3314.08 of the Revised Code. This base formula amount for any	114
year shall not exceed the formula amount defined under section	115
3317.02 of the Revised Code. The plan may also specify for any	116
year a percentage figure to be used for reducing the per pupil	117
amount of disadvantaged pupil impact aid calculated pursuant to	118
section 3317.029 of the Revised Code the school is to receive that	119
year under section 3314.08 of the Revised Code.	120

(16) Requirements and procedures regarding the disposition	121
of employees of the school in the event the contract is terminated	122
or not renewed pursuant to section 3314.07 of the Revised Code;	123

(17) Whether the school is to be created by converting all	124
or part of an existing public school or is to be a new start-up	125
school, and if it is a converted public school, specification of	126
any duties or responsibilities of an employer that the board of	127
education that operated the school before conversion is delegating	128
to the governing board of the community school with respect to all	129
or any specified group of employees provided the delegation is not	130
prohibited by a collective bargaining agreement applicable to such	131
employees;	132

(18) Provisions establishing procedures for resolving	133
disputes or differences of opinion between the sponsor and the	134
governing authority of the community school;	135

(19) A provision requiring the governing authority to adopt	136
a policy regarding the admission of students who reside outside	137
the district in which the school is located. That policy shall	138
comply with the admissions procedures specified in section 3314.06	139
of the Revised Code and, at the sole discretion of the authority,	140
shall do one of the following:	141

(a) Prohibit the enrollment of students who reside outside	142
the district in which the school is located;	143

(b) Permit the enrollment of students who reside in	144
districts adjacent to the district in which the school is located;	145

(c) Permit the enrollment of students who reside in any	146
other district in the state.	147

(B) The community school shall also submit to the sponsor a	148
comprehensive plan for the school. The plan shall specify the	149
following:	150

(1) The process by which the governing authority of the	151
school will be selected in the future;	152

(2) The management and administration of the school;

153

(3) If the community school is a currently existing public	154
school, alternative arrangements for current public school	155
students who choose not to attend the school and teachers who	156
choose not to teach in the school after conversion;	157

(4) The instructional program and educational philosophy of	158
the school;	159

(5) Internal financial controls.

160

(C) A contract entered into under section 3314.02 of the	161
Revised Code between a sponsor and the governing authority of a	162
community school may provide for the community school governing	163
authority to make payments to the sponsor, which is hereby	164
authorized to receive such payments as set forth in the contract	165
between the governing authority and the sponsor.	166

Sec. 3318.031.  The Ohio school facilities commission shall	167
consider student and staff safety and health when reviewing design	168
plans for classroom facility construction projects proposed under	169
this chapter. After consulting with appropriate education,	170
health, and law enforcement personnel, the commission may require	171
as a condition of project approval under section 3318.03 of the	172
Revised Code such changes in the design plans as the commission	173
believes will advance or improve student and staff safety and	174
health in the proposed classroom facility.	175

To carry out its duties under this section, the commission	176
shall review and, if necessary, amend any construction and design	177
standards used in its project approval process, including	178
standards for location and number of exits, standards for lead	179
safety in classroom facilities constructed before 1978 in which	180
services are provided to children under six years of age, and	181
location of restrooms, with a focus on advancing student and staff	182
safety and health.	183

Sec. 3701.61.  As used in this section, "lead poisoning" has	184
the same meaning as in section 3742.01 of the Revised Code.	185

Each child at risk of lead poisoning shall undergo a blood	186
lead screening test to determine whether the child has lead	187
poisoning. The at-risk children shall undergo the test at times	188
determined by rules the public health council shall adopt in	189
accordance with Chapter 119. of the Revised Code. The rules shall	190
specify which children are at risk of lead poisoning.	191

Neither this section nor the rules adopted under it affect	192
the coverage of lead blood screening tests by any publicly funded	193
health program, including the medicaid program established by	194
Chapter 5111. of the Revised Code.	195

Sec. 3742.01.  As used in this chapter:

196

(A) "Board of health" means the board of health of a city or	197
general health district or the authority having the duties of a	198
board of health in a city as authorized by section 3709.05 of the	199
Revised Code.	200

(B) "Child day-care facility" means each area of any of the	201
following in which child day-care, as defined in section 5104.01	202
of the Revised Code, is provided to children less than six years	203
of age:	204

(1) A child day-care center, type A family day-care home, or	205
type B family day-care home as defined in section 5104.01 of the	206
Revised Code;	207

(2) A type C family day-care home authorized to provide	208
child day-care by Sub. H.B. 62 of the 121st general assembly, as	209
amended by Am. Sub. S.B. 160 of the 121st general assembly and	210
Sub. H.B. 407 of the 123rd general assembly;	211

(3) A preschool program or school child program as defined	212
in section 3301.52 of the Revised Code.	213

(C) "Clearance examination" means an examination conducted	214
following a lead abatement or lead-safe renovation to determine	215
whether the lead hazards in a residential unit, child day-care	216
facility, or school have been sufficiently controlled according to	217
standards established in rules adopted under section 3742.49 of	218
the Revised Code. A clearance examination includes a visual	219
assessment, collection, and analysis of environmental samples.	220

(D) "Clearance technician" means a person, other than a	221
licensed lead inspector or licensed lead risk assessor, who	222
performs a clearance examination.	223

(E) "Clinical laboratory" means a facility for the	224
biological, microbiological, seriological serological, chemical,	225
immunoheatological immunohematological, hematological,	226
biophysical, cytological, pathological, or other examination of	227
substances derived from the human body for the purpose of	228
providing information for the diagnosis, prevention, or treatment	229
of any disease, or in the assessment or impairment of the health	230
of human beings. "Clinical laboratory" does not include a facility	231
that only collects or prepares specimens, or serves as a mailing	232
service, and does not perform testing.	233

(B)(F) "Encapsulation" means a method of lead abatement or	234
lead-safe renovation that involves the coating and sealing of	235
surfaces with durable surface coating specifically formulated to	236
be elastic, able to withstand sharp and blunt impacts,	237
long-lasting, and resilient, while also resistant to cracking,	238
peeling, algae, fungus, and ultraviolet light, so as to prevent	239
any part of lead-containing paint from becoming part of house dust	240
or otherwise accessible to children.	241

(C)(G) "Enclosure" means the resurfacing or covering of	242
surfaces with durable materials such as wallboard or paneling, and	243
the sealing or caulking of edges and joints so as to prevent or	244
control chalking, flaking, peeling, scaling, or loose	245
lead-containing substances from becoming part of house dust or	246
accessible to children.	247

(D)(H) "Environmental lead analytical laboratory" means a	248
facility that analyzes air, dust, soil, water, paint, film, or	249
other substances, other than substances derived from the human	250
body, for the presence and concentration of lead.	251

(E)(I) "HEPA" means the designation given to a product,	252
device, or system that has been equipped with a high-efficiency	253
particulate air filter, which is a filter capable of removing	254
particles of 0.3 microns or larger from air at 99.97 per cent or	255
greater efficiency.	256

(J) "Interim controls" means a set of measures designed to	257
reduce temporarily human exposure or likely human exposure to lead	258
hazards. Interim controls include specialized cleaning, repairs,	259
painting, temporary containment, clearance, ongoing lead hazard	260
maintenance activities, and the establishment and operation of	261
management and resident education programs.	262

(K)(1) "Lead abatement" means a measure or set of measures,	263
including the following, designed and intended to eliminate for	264
the single purpose of permanently eliminating lead hazards. "Lead	265
abatement" includes all of the following:	266

(1)(a) Removal, encapsulation, or enclosure of lead hazards	267
lead-based paint and lead-contaminated dust;	268

(2)(b) Permanent enclosure or encapsulation of lead-based	269
paint;	270

(c) Replacement of lead-contaminated surfaces or fixtures	271
painted with lead-based paint;	272

(3)(d) Removal or permanent covering of lead-contaminated	273
soil;	274

(4)(e) Preparation, cleanup, and disposal, and postabatement	275
activities associated with the lead abatement.	276

(2) "Lead abatement" does not include any of the following:

277

(a) Essential maintenance practices and preventive	278
treatments performed pursuant to section 3742.46 of the Revised	279
Code;	280

(b) Activities performed by a property owner or the property	281
owner's agent on a residential unit to which both of the following	282
apply:	283

(i) It is a freestanding single-family home used as the	284
property owner's private residence.	285

(ii) No child under six years of age who has lead poisoning	286
resides in the unit.	287

(c) Lead-safe renovations performed and supervised by a	288
lead-safe renovator;	289

(d) Implementation of interim controls.

290

(F)(L) "Lead abatement contractor" means any individual who	291
engages in or intends to engage in lead abatement and employs or	292
supervises one or more lead abatement workers, including on-site	293
supervision of lead abatement projects, or prepares	294
specifications, plans, or documents for a lead abatement project.	295

(G)(M) "Lead abatement project" means one or more lead	296
abatement activities that are conducted by a lead abatement	297
contractor and are reasonably related to each other.	298

(H)(N) "Lead abatement project designer" means a person who	299
is responsible for designing lead abatement projects and preparing	300
a pre-abatement plan for all designed projects.	301

(I)(O) "Lead abatement worker" means an individual who is	302
responsible in a nonsupervisory capacity for the performance of	303
lead abatement.	304

(J)(P) "Lead-based paint" means any paint or other similar	305
surface-coating substance containing lead at or in excess of the	306
level that is hazardous to human health as established by rule of	307
the public health council in accordance with section 3742.03	308
3742.49 of the Revised Code.	309

(K)(Q) "Lead-contaminated dust" means dust in or on	310
structures that contain contains an area or mass concentration of	311
lead at or in excess of the level that is hazardous to human	312
health as established by rule of the public health council under	313
section 3742.03 3742.49 of the Revised Code.	314

(L)(R) "Lead-contaminated soil" means soil that contains lead	315
at or in excess of the level that is hazardous to human health as	316
established by rule of the public health council under section	317
3742.03 3742.49 of the Revised Code.	318

(M)(S) "Lead hazard" means material that may is likely to	319
cause lead exposure and may endanger an individual's health as	320
determined by the public health council in rules adopted under	321
section 3742.03 3742.49 of the Revised Code. "Lead hazard"	322
includes lead-based paint, lead-contaminated dust,	323
lead-contaminated soil, and lead-contaminated water pipes.	324

(N)(T) "Lead inspection" means a surface-by-surface	325
investigation to determine the presence of lead-based paint and	326
the provision of a report explaining the results lead hazards. The	327
inspection shall use a sampling or testing technique approved by	328
the public health council in rules adopted by the council under	329
section 3742.03 of the Revised Code. A licensed lead inspector or	330
laboratory approved under section 3742.09 of the Revised Code	331
shall certify in writing the precise results of the inspection.	332

(O)(U) "Lead inspector" means any individual who conducts a	333
lead inspection, provides professional advice regarding a lead	334
inspection, or prepares a report explaining the results of a lead	335
inspection.	336

(P)(V) "Lead poisoning" means the level of lead in human	337
blood that is hazardous to human health, as specified in rules	338
adopted under section 3742.03 3742.49 of the Revised Code.	339

(Q)(W) "Lead risk assessment" means an on-site investigation	340
to determine and report the existence, nature, severity, and	341
location of lead-based paint lead hazards in structures a	342
residential unit, child day-care facility, or school, including	343
information gathering from the unit, facility, or school's current	344
owner's knowledge regarding the age and painting history of the	345
structure unit, facility, or school and occupancy by children	346
under age six years of age, visual inspection, limited wipe	347
sampling or other environmental sampling techniques, and other	348
activity as may be appropriate, and provision of a report	349
explaining the results of the investigation.	350

(R)(X) "Lead risk assessor" means a person who is responsible	351
for developing a written inspection, risk assessment, and analysis	352
plan; conducting inspections for lead-based paint lead hazards in	353
a structure residential unit, child day-care facility, or school;	354
taking post-abatement soil and dust clearance samples and	355
evaluating the results; interpreting results of inspections and	356
risk assessments; identifying hazard control strategies to reduce	357
or eliminate lead exposures; and completing a risk assessment	358
report.	359

(S)(Y) "Lead-safe renovation" means a general improvement of	360
all or part of an existing residential unit, child day-care	361
facility, or school in which the permanent elimination of a lead	362
hazard is incidental rather than the single purpose of the	363
improvement. Lead-safe renovation includes the removal or	364
modification of surfaces or components painted with lead-based	365
paint, the removal of large structures, and window replacement.	366

(Z) "Lead-safe renovator" means a person who performs or	367
supervises a lead-safe renovation in a residential unit, child	368
day-care facility, or school.	369

(AA) "Manager" means a person, who may be the same person as	370
the owner, responsible for the daily operation of a structure	371
residential unit, child day-care facility, or school.	372

(T)(BB) "Permanent" means an expected design life of at	373
least twenty years.	374

(CC) "Replacement" means a lead abatement activity that	375
entails removing components such as windows, doors, and trim that	376
have lead-based paint lead hazards on their surfaces and	377
installing new or de-leaded components free of lead-based paint	378
lead hazards.	379

(U) "Structure" means any house, apartment, or building, used	380
as an individual's private residence or commonly used as a place	381
of education or child day-care center for children under six years	382
of age, including all of the following:	383

(1) The interior and exterior surfaces and all common areas	384
of the structure;	385

(2) Every attached or unattached structure located within	386
the same lot line, including garages, play equipment, and fences;	387

(3) The lot or land occupied by the structure (DD)	388
"Residential unit" means a dwelling or any part of a building	389
being used as an individual's private residence.	390

(EE) "School" means a public or non-public school in which	391
children less than six years of age receive education.	392

Sec. 3742.02.  (A) No person shall do any of the following:

393

(1) Violate any provision of this chapter or the rules	394
adopted pursuant to it;	395

(2) Apply or cause to be applied any lead-based paint on or	396
inside any structure a residential unit, child day-care facility,	397
or school, unless the public health council has determined by rule	398
under section 3742.03 3742.49 of the Revised Code that no suitable	399
substitute exists;	400

(3) Interfere with an inspection investigation conducted by	401
the director of health or a board of health in accordance with	402
section 3742.11 or 3742.12 3742.35 of the Revised Code.	403

(B) No person shall knowingly authorize or employ any an	404
individual to perform lead abatement on a structure residential	405
unit, child day-care facility, or school unless that the	406
individual who will perform the lead abatement holds a valid	407
license issued under section 3742.05 of the Revised Code.	408

(C) Without an appropriate valid license issued under section	409
3742.05 of the Revised Code, no No person shall do any of the	410
following when a residential unit, child day-care facility, or	411
school is involved:	412

(1) Perform a lead inspection or hold himself out as a lead	413
inspector without a valid lead inspector license issued under	414
section 3742.05 Of the Revised Code;	415

(2) Perform a lead risk assessment, or provide professional	416
advice regarding lead abatement, or hold himself out as a lead	417
risk assessor without a valid lead risk assessor license issued	418
under section 3742.05 Of the Revised Code;	419

(3) Act as a lead abatement contractor or hold himself out	420
as a lead abatement contractor without a valid lead abatement	421
contractor's license issued under section 3742.05 of the Revised	422
Code;	423

(4) Act as a lead abatement project designer or hold himself	424
out as a lead abatement project designer without a valid lead	425
abatement project designer license issued under section 3742.05 of	426
the Revised Code;	427

(5) Perform or hold himself out as providing lead abatement	428
without a valid lead abatement worker license issued under section	429
3742.05 of the Revised Code;	430

(6) Effective one year after the effective date of this	431
amendment, perform a clearance examination without a valid	432
clearance technician license issued under section 3742.05 of the	433
Revised Code, unless the person holds a valid lead inspector	434
license or valid lead risk assessor license issued under that	435
section;	436

(7) Effective one year after the effective date of this	437
amendment, perform or supervise a lead-safe renovation without a	438
valid lead-safe renovator license issued under section 3742.05 of	439
the Revised Code;	440

(8) Perform lead training for the purposes of this chapter	441
without a valid approval from the director of health under section	442
3742.08 of the Revised Code.	443

(D) This section does not apply to any individual performing	444
lead abatement on a structure, or on the portion of the structure,	445
that is used as his private residence.	446

Sec. 3742.03.  The public health council shall adopt rules in	447
accordance with Chapter 119. of the Revised Code for the	448
administration and enforcement of this chapter sections 3742.01 to	449
3742.19 and 3742.99 of the Revised Code. The rules shall specify	450
all of the following:	451

(A) Procedures to be followed by any individual a lead	452
abatement contractor, lead abatement project designer, lead	453
abatement worker, lead inspector, or lead risk assessor licensed	454
under section 3742.05 of the Revised Code for undertaking lead	455
abatement activities; a lead-safe renovator in performing or	456
supervising a lead-safe renovation; or clearance technician, lead	457
inspector, or lead risk assessor in performing a clearance	458
examination;	459

(B)(1) Requirements for training and licensure, in addition	460
to those established under section 3742.08 of the Revised Code, to	461
include levels of training and periodic refresher training for	462
each class of worker, and to be used for licensure under section	463
3742.05 of the Revised Code. These requirements shall include at	464
least twenty-four classroom hours of training based on the	465
Occupational Safety and Health Act training program for lead set	466
forth in 29 C.F.R. 1926.62. In establishing the training and	467
licensure requirements, the public health council shall consider	468
the core of information that is needed by all licensed persons,	469
and establish the training requirements so that persons who would	470
seek licenses in more than one area would not have to take	471
duplicative course work.	472

(2) Persons certified by the American board of industrial	473
hygiene as a certified industrial hygienist or as an industrial	474
hygienist-in-training, and persons registered as a sanitarian or	475
sanitarian-in-training under Chapter 4736. of the Revised Code,	476
shall be exempt from any training requirements for initial	477
licensure established under this chapter, but shall be required to	478
take any examinations for licensure required under section 3742.05	479
of the Revised Code.	480

(C) Fees for licenses issued under section 3742.05 of the	481
Revised Code and for their renewal;	482

(D) Procedures to be followed by lead inspectors, lead	483
abatement contractors, environmental lead analytical laboratories,	484
lead risk assessors, lead abatement project designers, and lead	485
abatement workers, lead-safe renovators, and clearance technicians	486
to prevent public exposure to lead hazards and ensure worker	487
protection during lead abatement projects or lead-safe	488
renovations;	489

(E)(1) Record-keeping and reporting requirements for	490
clinical laboratories, environmental lead analytical laboratories,	491
lead inspectors, lead abatement contractors, lead risk assessors,	492
lead abatement project designers, and lead abatement workers,	493
lead-safe renovators, and clearance technicians for lead abatement	494
projects, lead-safe renovations, or clearance examinations;	495

(2) Record-keeping and reporting requirements regarding lead	496
poisoning for physicians, in addition to the requirements of	497
section 3701.25 of the Revised Code;	498

(3) Information that is required to be reported under rules	499
based on divisions (E)(1) and (2) of this section and that is a	500
medical record is not a public record under section 149.43 of the	501
Revised Code and shall not be released, except in aggregate	502
statistical form.	503

(F) Procedures for inspections conducted by the director of	504
health or a board of health under section 3742.12 or 3742.13 of	505
the Revised Code;	506

(G) The level of lead in lead-based paint, lead-contaminated	507
dust, and lead-contaminated soil that is hazardous to human	508
health;	509

(H) The level of lead in human blood that is hazardous to	510
human health according to information obtained from the centers	511
for disease control and prevention in the public health service of	512
the United States department of health and human services;	513

(I) Environmental sampling techniques for use in collecting	514
samples of air, water, dust, paint, and other materials;	515

(J)(G) Requirements for a respiratory protection plan	516
prepared in accordance with section 3742.07 of the Revised Code;	517

(K)(H) Requirements under which a manufacturer of a lead	518
abatement system or product encapsulants must demonstrate evidence	519
of the safety and durability of its system or product encapsulants	520
by providing results of testing from an independent laboratory	521
indicating that the system or product meets encapsulants meet the	522
standards developed for the particular system or product by the	523
E06.23 subcommittee "E06.23.30 task group on encapsulants," which	524
is the task group of the lead-paint abatement subcommittee of the	525
performance of buildings committee of the American society for	526
testing and materials;	527

(L) Procedures to be followed by the public health council	528
in revising its rules to ensure that lead-hazard activities	529
meeting the provisions of this chapter continue to be eligible for	530
federal funding and meet the requirements promulgated by	531
regulation by the United States environmental protection agency,	532
the United States department of housing and urban development, and	533
other federal agencies that may have jurisdiction over lead	534
hazards;	535

(M)(I) Any other requirements the council considers	536
appropriate for the administration or enforcement of this chapter	537
sections 3742.01 to 3742.19 and 3742.99 of the Revised Code.	538

Sec. 3742.04.  (A) The director of health shall do all of	539
the following:	540

(1) Administer and enforce the requirements of this chapter	541
sections 3742.01 to 3742.19 and 3742.99 of the Revised Code and	542
the rules adopted pursuant to it those sections;	543

(2)(a) Conduct research and disseminate information on the	544
number, extent, and general geographic location of	545
lead-contaminated structures, which may include a statewide survey	546
and may include the establishment of a unit for the collection and	547
analysis of data on lead-hazard detection and lead-hazard	548
reduction activities, including the licensing, certification,	549
accreditation, approval, and enforcement activities under this	550
chapter;	551

(b) Update information and data collected or disseminated	552
under division (A)(2)(a) of this section to include the results of	553
an inspection or assessment conducted pursuant to section 3742.14	554
of the Revised Code, when a report based on that inspection is	555
provided to the director pursuant to rules adopted by the public	556
health council under section 3742.03 of the Revised Code.	557

(3) Examine records and reports submitted by lead	558
inspectors, lead abatement contractors, lead risk assessors, lead	559
abatement project designers, and lead abatement workers, lead-safe	560
renovators, and clearance technicians in accordance with section	561
3742.05 of the Revised Code to determine whether the requirements	562
of this chapter are being met;	563

(4)(3) Examine records and reports submitted by physicians,	564
clinical laboratories, and environmental lead analytical	565
laboratories under section 3701.25 or 3742.09 of the Revised Code;	566

(5)(4) Issue approval to manufacturers of lead abatement	567
systems or products encapsulants that have done all of the	568
following:	569

(a) Submitted an application for approval to the director on	570
a form prescribed by the director;	571

(b) Paid the application fee established by the director;

572

(c) Submitted results from an independent laboratory	573
indicating that the manufacturer's system or product satisfies	574
encapsulants satisfy the requirements established in rules adopted	575
under division (K)(H) of section 3742.03 of the Revised Code;	576

(d) Complied with rules adopted by the public health council	577
regarding durability and safety to workers and residents.	578

(6)(5) Establish liaisons and cooperate with the directors	579
or agencies in states having lead abatement, licensing,	580
accreditation, certification, and approval programs to promote	581
consistency between the requirements of this chapter and those of	582
other states in order to facilitate reciprocity of the programs	583
among states;	584

(6) Establish a program to monitor and audit the quality of	585
work of lead inspectors, lead risk assessors, lead abatement	586
project designers, lead abatement contractors, lead abatement	587
workers, lead-safe renovators, and clearance technicians. The	588
director may refer improper work discovered through the program to	589
the attorney general for appropriate action.	590

(B) In addition to any other authority granted by this	591
chapter, the director of health may do any of the following:	592

(1) Employ persons who have received training from a program	593
the director has determined provides the necessary background. The	594
appropriate training may be obtained in a state that has an	595
ongoing lead abatement program under which it conducts educational	596
programs.	597

(2) Conduct or cooperate with other state agencies to conduct	598
programs of public education on the nature and consequences of	599
lead hazards and on the need for lead-hazard reduction activities	600
to be conducted under careful supervision by licensed and	601
accredited personnel;	602

(3) Cooperate with the United States environmental	603
protection agency in any joint oversight procedures the agency may	604
propose for laboratories that offer lead analysis services and are	605
accredited under the agency's laboratory accreditation program;	606

(4)(3) Advise, consult, cooperate with, or enter into	607
contracts or cooperative agreements with any person, government	608
entity, interstate agency, or the federal government as the	609
director considers necessary to fulfill the requirements of this	610
chapter and the rules adopted under it.	611

Sec. 3742.05.  (A)(1) The director of health shall issue	612
lead inspector, lead abatement contractor, lead risk assessor,	613
lead abatement project designer, and lead abatement worker,	614
lead-safe renovator, and clearance technician licenses. The	615
director shall issue a license to an applicant who meets all of	616
the following requirements:	617

(a) Submits an application to the director on a form	618
prescribed by the director;	619

(b) Meets the licensing and training requirements	620
established by the public health council under section 3742.03 of	621
the Revised Code;	622

(c) Successfully completes the licensing examination for the	623
applicant's area of expertise administered under section 3742.08	624
of the Revised Code and any training required by the director	625
under that section;	626

(d) Pays the license fee established by the public health	627
council under section 3742.03 of the Revised Code;	628

(e) Provides the applicant's social security number and any	629
information the director may require to demonstrate the	630
applicant's compliance with this chapter and the rules adopted	631
under it.	632

(2) An individual may hold more than one license issued	633
under this division, but a separate application is required for	634
each license.	635

(B) A license issued under this section expires two years	636
after the date of issuance. The director shall renew a license in	637
accordance with the standard renewal procedure set forth in	638
Chapter 4745. of the Revised Code, if the licensee does all of the	639
following:	640

(1) Continues to meet the requirements of division (A) of	641
this section;	642

(2) Demonstrates compliance with procedures to prevent	643
public exposure to lead hazards and for worker protection during	644
lead abatement projects, lead-safe renovations, or clearance	645
examinations established by rule adopted by the public health	646
council under section 3742.03 of the Revised Code;	647

(3) Meets the record-keeping and reporting requirements for	648
lead abatement projects, lead-safe renovations, or clearance	649
examinations established by rule adopted by the public health	650
council under section 3742.03 of the Revised Code;	651

(4) Pays the license renewal fee established by rule adopted	652
by the public health council under section 3742.03 of the Revised	653
Code.	654

(C) An individual licensed, certified, or otherwise approved	655
under the law of another state to perform functions substantially	656
similar to those of a lead inspector, lead abatement contractor,	657
lead risk assessor, lead abatement project designer, or lead	658
abatement worker, lead-safe renovator, or clearance technician may	659
apply to the director of health for licensure in accordance with	660
the procedures set forth in division (A) of this section. The	661
director shall license an individual under this division on a	662
determination that the standards for licensure, certification, or	663
approval in that state are at least substantially equivalent to	664
those established by this chapter and the rules adopted under it.	665
The director may require an examination for licensure under this	666
division.	667

Sec. 3742.06.  (A) All of the following apply to a	668
residential unit, child day-care facility, or school:	669

(A) No lead abatement contractor shall provide lead testing	670
services or professional advice regarding lead abatement, and no	671
lead-safe renovator shall provide lead testing services or	672
professional advice regarding lead-safe renovation, unless that	673
service or advice is provided by a lead inspector or lead risk	674
assessor who is licensed under section 3742.05 of the Revised Code	675
and is employed by the lead abatement contractor or lead-safe	676
renovator.	677

(B) No person shall provide advice on the need for lead	678
abatement in a structure or lead-safe renovation and then	679
participate in the a lead abatement project on that structure or	680
lead-safe renovation resulting from that advice unless either of	681
the following applies:	682

(1) The person is employed as a member of the staff of the	683
owner or manager of the structure property on which the lead	684
abatement or lead-safe renovation is to be performed;	685

(2) A written contract for lead abatement or lead-safe	686
renovation is entered into that states both of the following:	687

(a) The person was involved in the lead testing of the	688
structure, or in the provision of professional advice, that led to	689
the lead abatement or lead-safe renovation contract;	690

(b) The party contracting for lead abatement or lead-safe	691
renovation services should obtain a second opinion to verify any	692
lead test results and assure that the proposed lead abatement or	693
lead-safe renovation project design is appropriate.	694

(C) No lead inspector, lead abatement contractor, lead risk	695
assessor, or lead abatement project designer, lead-safe renovator,	696
or clearance technician shall use the services of an environmental	697
lead analytical laboratory that has not been approved by the	698
director of health under section 3742.09 of the Revised Code.	699

(D) No lead abatement worker shall perform lead abatement	700
without the on-site supervision of a licensed lead abatement	701
contractor.	702

(E) No person shall perform or supervise a lead-safe	703
renovation in lieu of a lead abatement on a property at which a	704
lead-poisoned child under six years of age has been identified.	705

Sec. 3742.07.  (A) Prior to engaging in any lead abatement	706
project on a residential unit, child day-care facility, or school,	707
the lead abatement contractor primarily responsible for the	708
project shall do all of the following:	709

(A)(1) Prepare a written respiratory protection plan that	710
meets requirements established by rule adopted under section	711
3742.03 of the Revised Code and make the plan available to the	712
department of health and all lead abatement workers at the project	713
site;	714

(B)(2) Ensure that each lead abatement worker who is or will	715
be involved in a lead abatement project has been examined by a	716
licensed physician within the preceding calendar year and has been	717
declared by him the physician to be physically capable of working	718
while wearing a respirator;	719

(C)(3) Ensure that each employee or agent who will come in	720
contact with lead hazards or will be responsible for a lead	721
abatement project receives a license and appropriate training as	722
required by this chapter before engaging in a lead abatement	723
project;	724

(D)(4) At least ten days prior to the commencement of a	725
project, notify the department of health, on a form prescribed by	726
the director of health, of the date a lead abatement project will	727
commence.	728

(B) During each lead abatement project or lead-safe	729
renovation, the lead abatement contractor or lead-safe renovator	730
primarily responsible for the project or renovation shall ensure	731
that all persons involved in the project or renovation follow the	732
worker protection standards established under 29 C.F.R. 1926.62 by	733
the United States occupational safety and health administration.	734

Sec. 3742.071. A lead risk assessor licensed under section	735
3742.05 of the Revised Code or an environmental lead analytical	736
laboratory or clinical laboratory approved under section 3742.09	737
of the Revised Code shall certify in writing the precise results	738
of a lead risk assessment and options for reducing identified lead	739
hazards.	740

Sec. 3742.08.  (A)(1) The director of health shall conduct,	741
specify requirements by rule, or approve training programs for	742
licensure of lead inspectors, lead abatement contractors, lead	743
risk assessors, lead abatement project designers, and lead	744
abatement workers, lead-safe renovators, and clearance	745
technicians. In accordance with Chapter 119. of the Revised Code,	746
the director shall adopt rules establishing all of the following:	747

(a) A system for accreditation of training programs and the	748
requirements for accreditation, including curriculum requirements,	749
hour requirements, hands-on training requirements, trainee	750
competency and proficiency requirements, and requirements for	751
quality control;	752

(b) Fees for application for approval of a training program	753
and for participating in any program conducted by the director;	754

(c) Any other requirements pertinent to the operation of a	755
training program.	756

(2) Each applicant for approval of a training program shall	757
submit a completed application to the director on a form the	758
director shall prescribe and provide. The director shall issue	759
evidence of approval to each applicant who meets the requirements	760
of division (A)(1) of this section and the criteria for approval	761
established by rule adopted under this section and pays the fee.	762

(B) The director shall administer examinations for licensure	763
under this chapter by conducting examinations, contracting	764
pursuant to section 3701.044 of the Revised Code for another	765
entity to conduct the examinations, or approving examinations. In	766
accordance with Chapter 119. of the Revised Code, the director	767
shall adopt rules specifying requirements for the administration	768
of licensing examinations. The rules shall include requirements	769
regarding the qualifications of examination administrators, fees	770
to cover the cost of conducting the examinations, and any other	771
requirements pertinent to the examinations.	772

If the director implements a system of approving	773
examinations, the rules shall include procedures and criteria for	774
approval and fees for the approval. Each applicant for approval	775
shall submit a completed application to the director on a form the	776
director shall prescribe and provide. The director shall issue	777
evidence of approval to each applicant who meets the criteria for	778
approval established in rules adopted under this division.	779

Sec. 3742.10.  (A) The director of health shall maintain a	780
list of both of the following:	781

(1) Lead inspectors, lead abatement contractors, lead risk	782
assessors, lead abatement project designers, and lead abatement	783
workers, lead-safe renovators, and clearance technicians licensed	784
under this chapter;	785

(2) Training programs approved under section 3742.08 of the	786
Revised Code.	787

(B) Information contained in any list maintained under this	788
section is a public record for the purposes of section 149.43 of	789
the Revised Code and is subject to inspection and copying under	790
section 1347.08 of the Revised Code.	791

Sec. 3742.14.  Any property owner or manager may, at any	792
time, may employ a lead inspector or lead risk assessor to conduct	793
an a lead inspection or an; a lead risk assessor to conduct a lead	794
risk assessment; or a clearance technician, lead inspector, or	795
lead risk assessor to conduct a clearance examination of a	796
structure the property, and may provide a copy of the report based	797
on that inspection or, assessment, or examination to the director	798
of health pursuant to rules adopted by the public health council	799
under section 3742.03 of the Revised Code. The director shall	800
include the information in the record of the property pursuant to	801
division (A)(2)(b) of section 3742.04 of the Revised Code.	802

Sec. 3742.15.  Any person may file a complaint with the	803
director of health concerning a lead inspector, a lead abatement	804
contractor, a lead risk assessor, a lead abatement project	805
designer, a lead abatement worker, a lead-safe renovator, a	806
clearance technician, a clinical laboratory, an environmental lead	807
analytical laboratory, or a training course. The complainant's	808
name shall be confidential and shall not be released without his	809
the complainant's written consent. The director may investigate	810
the complaint and take action under this chapter as he the	811
director considers appropriate.	812

Sec. 3742.16.  In accordance with Chapter 119. of the Revised	813
Code, the director of health may refuse to issue or renew, or may	814
suspend or revoke, a license, an accreditation or certification,	815
or an approval of any person, program, or laboratory for one or	816
more of the following reasons:	817

(A) Violation of any provision of this chapter or the rules	818
adopted under it;	819

(B) Failure to pay the fee for the issuance or renewal of a	820
license, an accreditation or certification, or an approval;	821

(C) Any material misrepresentation in an application for a	822
license, an accreditation or certification, or an approval;	823

(D) Interference with an inspection investigation made	824
pursuant to section 3742.12 or 3742.13 3742.35 of the Revised	825
Code;	826

(E) Failure to meet the licensing requirements established	827
by rule adopted under section 3742.03 of the Revised Code;	828

(F) Employment or use of lead abatement personnel that are	829
not licensed under this chapter.	830

Sec. 3742.161. The director of health may issue an immediate	831
cease work order to a person holding a license issued under	832
section 3742.05 of the Revised Code if the director determines	833
that the license holder is violating the terms or conditions of	834
the license in a manner that endangers or materially impairs the	835
health or well-being of an occupant of a residential unit, child	836
day-care facility, or school or a person employed to perform a	837
lead abatement or lead-safe renovation.	838

Sec. 3742.17.  (A) Where any person is licensed by the	839
department of health to engage in lead abatement, lead inspection,	840
lead risk assessment, lead-safe renovation, clearance examination,	841
or any other activity under this chapter, the liability of that	842
person, when performing the activity in accordance with procedures	843
established pursuant to state or federal law, for an injury to any	844
individual or property caused or related to the activity shall be	845
limited to acts or omissions of the person during the course of	846
performing the activity that can be shown, based on a	847
preponderance of the evidence, to have been negligent. For the	848
purposes of this section, the demonstration that acts or omissions	849
of a person performing lead abatement, lead inspection, lead risk	850
assessment, lead-safe renovation, clearance examination, or other	851
activities under this chapter were in accordance with generally	852
accepted practice and with procedures established by state or	853
federal law at the time the abatement, inspection, assessment,	854
renovation, examination, or other activity was performed creates a	855
rebuttable presumption that the acts or omissions were not	856
negligent.	857

(B) Where any person contracts with a person licensed as a	858
lead inspector, lead abatement contractor, lead risk assessor,	859
lead abatement project designer, or lead abatement worker,	860
lead-safe renovator, or clearance technician the liability of that	861
person for lead-related injuries caused by his the person's	862
contractee in the performance of lead abatement, lead inspection,	863
lead risk assessment, lead-safe renovation, clearance examination,	864
or other activities under this chapter shall be limited to those	865
lead-related injuries arising from acts or omissions that the	866
person knew, or could reasonably have been expected to know, were	867
not in accordance with generally accepted practices or with	868
procedures established by state or federal law at the time the	869
activity took place.	870

(C) Notwithstanding any other provisions of the Revised Code	871
or rules of a court to the contrary, this section governs all	872
claims for lead-related injuries to individuals or property	873
arising from lead abatement, lead inspection, lead risk	874
assessment, lead-safe renovation, clearance examination, or other	875
activities under this chapter.	876

Sec. 3742.18.  (A) At the request of the director of health,	877
the attorney general may commence a civil action for civil	878
penalties and injunctive and other equitable relief against any	879
person who violates this chapter section 3742.02, 3742.06, or	880
3742.07 Of the Revised Code. The action shall be commenced in the	881
court of common pleas of the county in which the violation	882
occurred or is about to occur. Any person affected by a lead	883
hazard created in a residential unit, child day-care facility, or	884
school as a result of the violation may intervene in the action as	885
a matter of right.	886

(B) The court shall grant injunctive and other equitable	887
relief on a showing that a the person has violated or is about to	888
violate this chapter section 3742.02, 3742.06, or 3742.07 of the	889
Revised Code. On	890

(C) On a finding of a violation, the court shall assess a	891
civil penalty of not more than one thousand dollars. Each day a	892
violation continues is a separate violation. With the exception of	893
the civil penalties that the court awards to a person who	894
intervenes in the action, all civil penalties collected by the	895
court under this section shall be deposited into the state	896
treasury to the credit of the lead abatement personnel licensing	897
fund created under section 3742.19 of the Revised Code.	898

Sec. 3742.19.  Except for any licensing examination fee	899
collected and retained by an entity under contract pursuant to	900
division (B) of section 3742.08 of the Revised Code, all fees	901
collected under this chapter and sections 3742.01 to 3742.18 of	902
the Revised Code; any grant, contribution, or other moneys	903
received for the purposes of this chapter those sections; and	904
fines collected under section 3742.99 of the Revised Code shall be	905
deposited into the state treasury to the credit of the lead	906
program abatement personnel licensing fund, which is hereby	907
created. The moneys in the fund shall be used solely for the	908
administration and enforcement of this chapter sections 3742.01 to	909
3742.18 of the Revised Code and the rules adopted under it those	910
sections.	911

Sec. 3742.11.        Sec.  .        Sec. 3742.31.  (A) The director of health shall	912
establish, promote, and maintain a child There is hereby created	913
within the department of health the childhood lead poisoning	914
prevention program. In accordance with rules adopted by the public	915
health council under section 3742.03 of the Revised Code, the The	916
program shall provide statewide coordination of do all of the	917
following as part of statewide-coordinated efforts to identify and	918
prevent lead poisoning in children, especially children under six	919
years of age:	920

(1) Oversee blood lead screenings;

921

(2) Distribute money in the lead poisoning prevention fund	922
created under section 3742.52 of the Revised Code;	923

(3) Operate a comprehensive educational and community	924
outreach program that is directed at parents, property owners,	925
tenants, contractors, health care professionals, and child	926
day-care providers and focused on areas the program determines to	927
have a high risk for childhood lead poisoning;	928

(4) Provide information regarding lead hazards, methods of	929
reducing risks of childhood lead poisoning by controlling lead	930
hazards, and procedures to obtain screening, diagnosis, and	931
treatment services for children under age six. The director shall	932
collect years of age;	933

(5) Develop a case management system to coordinate services	934
available for children with lead poisoning and the children's	935
families. The social security number of a child screened,	936
diagnosed, or treated shall be collected as part of the case	937
management system.	938

(6) Collect and disseminate information relating to child	939
childhood lead poisoning and controlling lead abatement hazards;	940

(7) In accordance with a methodology the director of health	941
selects, conduct research pertaining to childhood lead poisoning	942
that does all of the following:	943

(a) Identifies the extent to which lead hazards are present	944
in this state and the areas within the state where the risk of	945
childhood lead poisoning is the greatest;	946

(b) Determines the most effective methods of identifying	947
children with lead poisoning and preventing lead poisoning among	948
the children at greatest risk;	949

(c) Evaluates the state's capacity to deliver services to	950
children with lead poisoning and the children's families;	951

(d) Sets priorities in efforts to prevent childhood lead	952
poisoning so that the resources available for education,	953
screening, case management, investigations, and lead hazard	954
control may be concentrated in areas with the greatest need and on	955
activities that may have the greatest impact;	956

(e) Examines any other issue the director and advisory	957
council appointed under section 3742.32 of the Revised Code	958
consider relevant.	959

(B) On or before the first day of March of each year, the	960
director of health shall submit a report of the activities of the	961
child lead poisoning prevention program to the governor and to	962
the members of the general assembly The director of health shall	963
operate the childhood lead poisoning prevention program in	964
accordance with rules adopted under section 3742.49 of the Revised	965
Code. The director may enter into an interagency agreement with	966
one or more other state agencies to perform one or more of the	967
program's duties. The director shall supervise and direct an	968
agency's performance of such a duty.	969

Sec. 3742.32. The director of health shall appoint an	970
advisory council to assist in the development and implementation	971
of the childhood lead poisoning prevention program created under	972
section 3742.31 of the Revised Code. The advisory council's	973
membership shall include individuals with expertise or personal	974
interest in preventing childhood lead poisoning. The director may	975
reimburse the advisory council's members for actual and necessary	976
expenses incurred in attending the advisory council's meetings.	977

The advisory council shall do both of the following:

978

(A) Provide the director with advice regarding the policies	979
the childhood lead poisoning prevention program should emphasize,	980
preferred methods of financing the program, and any other matter	981
relevant to the program's operation;	982

(B) Submit a report of the program's activities to the	983
governor, president of the senate, and speaker of the house of	984
representatives on or before the first day of each March.	985

Sec. 3742.13.        Sec.  .        Sec. 3742.34.  (A) As used in this section, "board	986
of health" means the board of health of a city or general health	987
district, or the authority having the duties of a board of health	988
in any city as authorized by section 3709.05 of the Revised Code.	989

(B) If the director of health determines that a board of	990
health can satisfactorily enforce section 3742.12 sections 3742.35	991
to 3742.40 of the Revised Code, he the director may delegate his	992
the authority to enforce that section those sections to the board.	993
The director may revoke his the delegation of authority at any	994
time by written notice delivered to the board of health by	995
certified mail.	996

Sec. 3742.12.        Sec.  .        Sec. 3742.35.  (A) The When the director of health	997
or his authorized representative may at any reasonable time	998
request that an occupant, or, if the structure is not occupied,	999
the owner or manager, permit him to enter a structure where the	1000
director suspects lead poisoning has occurred due to the report of	1001
an elevated blood lead level of a child, and perform a lead	1002
inspection in accordance with procedures established by rule	1003
adopted under section 3742.03 of the Revised Code.	1004

(B) If any a board of health authorized to enforce sections	1005
3742.35 to 3742.40 of the Revised Code becomes aware that an	1006
individual under six years of age has lead poisoning, the director	1007
or board shall conduct an investigation to determine the source of	1008
the lead poisoning. The director or board may conduct such an	1009
investigation when the director or board becomes aware that an	1010
individual six years of age or older has lead poisoning. The	1011
director or board shall conduct the investigation in accordance	1012
with rules adopted under section 3742.49 of the Revised Code.	1013

In conducting the investigation, the director or board may	1014
request permission to enter the residential unit, child day-care	1015
facility, or school that the director or board reasonably suspects	1016
to be the source of the lead poisoning. If the property is	1017
occupied, the director or board shall ask the occupant for	1018
permission. If the property is not occupied, the director or	1019
board shall ask the property owner or manager for permission. If	1020
the occupant, owner, or manager of a structure fails or refuses to	1021
permit entry to the structure, the director or his authorized	1022
representative board may petition and obtain an order to inspect	1023
the structure property from the common pleas a court of competent	1024
jurisdiction in the county in which the structure property is	1025
located.	1026

(C) As part of an inspection under this section the	1027
investigation, the director or his authorized representative board	1028
may review the records and reports, if any, maintained under	1029
section 3742.03 of the Revised Code by a lead inspector, lead	1030
abatement contractor, lead risk assessor, lead abatement project	1031
designer, or lead abatement worker, lead-safe renovator, or	1032
clearance technician.	1033

Sec. 3742.36.  When the director of health or an authorized	1034
board of health determines pursuant to an investigation conducted	1035
under section 3742.35 of the Revised Code that a residential unit,	1036
child day-care facility, or school is a possible source of a	1037
child's lead poisoning, the director or board shall conduct a risk	1038
assessment of that property in accordance with rules adopted under	1039
section 3742.49 of the Revised Code.	1040

Sec. 3742.37. (A) If the results of a risk assessment	1041
conducted under section 3742.36 of the Revised Code indicate that	1042
one or more lead hazards identified in a residential unit, child	1043
day-care facility, or school are contributing to a child's lead	1044
poisoning, the director of health or authorized board of health	1045
immediately shall issue an order to have each lead hazard in the	1046
property controlled. The areas of the unit, facility, or school	1047
that may be subject to the lead hazard control order include the	1048
following:	1049

(1) The interior and exterior surfaces and all common areas	1050
of the unit, facility, or school;	1051

(2) Every attached or unattached structure located within	1052
the same lot line as the unit, facility, or school, including	1053
garages, play equipment, and fences;	1054

(3) The lot or land that the unit, facility, or school	1055
occupies.	1056

(B) A lead hazard control order issued under this section	1057
shall be in writing and in the form the director shall prescribe.	1058
The director or board shall specify in the order each lead hazard	1059
to be controlled and the date by which the unit, facility, or	1060
school must pass a clearance examination demonstrating that each	1061
lead hazard has been sufficiently controlled. When specifying the	1062
date by which the unit, facility, or school must pass the	1063
clearance examination, the director or board shall take into	1064
consideration whether the child whose lead poisoning initiated the	1065
investigation of the unit, facility, or school is the victim of an	1066
environmental hazard or immediate medical emergency as determined	1067
in accordance with rules adopted under section 3742.49 of the	1068
Revised Code. The director or board may include in the order a	1069
requirement that occupants of the unit, facility, or school whose	1070
health may be threatened vacate the unit, facility, or school	1071
until the unit, facility, or school passes the clearance	1072
examination.	1073

The director or board shall have the order delivered to the	1074
owner and manager of the unit, facility, or school. If the order	1075
applies to a building with more than one residential unit, the	1076
director or board shall have a copy of the order delivered to each	1077
unit or require that the owner or manager of the building deliver	1078
a copy of the order to each unit. If the order applies to a child	1079
day-care facility or school, the director or board shall have a	1080
copy of the order delivered to the parent, guardian, or custodian	1081
of each child under six years of age who receives child day-care	1082
or education at the facility or school or require the owner or	1083
manager of the facility or school to have a copy of the order so	1084
delivered.	1085

Sec. 3742.38. The owner and manager of a residential unit,	1086
child day-care facility, or school that is subject to a lead	1087
hazard control order issued under section 3742.37 of the Revised	1088
Code shall cooperate with the director of health or board of	1089
health that issued the order in controlling each lead hazard	1090
specified in the order. The owner or manager shall choose a	1091
method of controlling each lead hazard that enables the	1092
residential unit, child day-care facility, or school to pass a	1093
clearance examination. The method chosen may be the owner or	1094
manager's personal preference, a proposal made by a person under	1095
contract with the owner or manager, or a recommendation that the	1096
director or board may provide. The owner or manager shall inform	1097
the director or board of the method that the owner or manager	1098
chooses to control each lead hazard.	1099

Sec. 3742.39. A residential unit, child day-care facility, or	1100
school remains subject to a lead hazard control order issued under	1101
section 3742.37 of the Revised Code until the unit, facility, or	1102
school passes a clearance examination. After the unit, facility,	1103
or school passes the clearance examination, the director of health	1104
or board of health that issued the order shall provide the owner	1105
and manager of the unit, facility, or school with information on	1106
methods of maintaining control of each lead hazard specified in	1107
the order. In the case of a residential unit in which an	1108
individual who is not the owner or manager resides, the director	1109
or board also shall provide the information to the individual	1110
residing in the unit.	1111

Sec. 3742.40. If the owner and manager of a residential unit,	1112
child day-care facility, or school fails or refuses for any reason	1113
to comply with a lead hazard control order issued under section	1114
3742.37 of the Revised Code, the director of health or board of	1115
health that issued the order shall issue an order prohibiting the	1116
owner and manager from permitting the unit, facility, or school	1117
to be used as a residential unit, child day-care facility, or	1118
school until the unit, facility, or school passes a clearance	1119
examination. On receipt of the order, the owner or manager shall	1120
take appropriate measures to notify each occupant, in the case of	1121
a residential unit, and the parent, guardian, or custodian of each	1122
child attending the facility or school, in the case of a child	1123
day-care facility or school, to vacate the unit, facility, or	1124
school until the unit, facility, or school passes a clearance	1125
examination. The director or board shall post a sign at the unit,	1126
facility, or school that warns the public that the unit, facility,	1127
or school has a lead hazard. The sign shall include a declaration	1128
that the unit, facility, or school is unsafe for human occupation,	1129
especially for children under six years of age and pregnant women.	1130
The director or board shall ensure that the sign remains posted at	1131
the unit, facility, or school and that the unit, facility, or	1132
school is not used as a residential unit, child day-care facility,	1133
or school until the unit, facility, or school passes a clearance	1134
examination.	1135

Sec. 3742.41.  (A) Except as provided in division (B) of	1136
this section, effective two years after the effective date of this	1137
section, no owner of a property constructed before January 1,	1138
1950, that is used as a residential unit, child day-care facility,	1139
or school shall fail to implement, or have the manager of the	1140
unit, facility, or school implement, all of the following	1141
essential maintenance practices for the control of lead hazards:	1142

(1) Use only safe work practices, which includes compliance	1143
with section 3742.44 of the Revised Code, to prevent the spread of	1144
lead-contaminated dust;	1145

(2) Perform visual examinations for deteriorated paint,	1146
underlying damage, and other conditions that may cause exposure to	1147
lead;	1148

(3) Promptly and safely repair deteriorated paint or other	1149
building components that may cause exposure to lead and eliminate	1150
the cause of the deterioration;	1151

(4) Ask tenants in a residential unit, and parents,	1152
guardians, and custodians of children in a child day-care facility	1153
or school, to report concerns about potential lead hazards by	1154
posting notices in conspicuous locations and by annually providing	1155
written notices to the tenants or parents, guardians, or	1156
custodians;	1157

(5) Perform specialized cleaning in accordance with section	1158
3742.45 of the Revised Code to control lead-contaminated dust;	1159

(6) Cover any bare soil on the property, except soil proven	1160
not to be lead-contaminated;	1161

(7) Maintain an affidavit of essential maintenance practices	1162
for at least three years that document all essential maintenance	1163
practices. The director may require that the affidavit be	1164
notarized.	1165

(B) Division (A) of this section does not apply to any of	1166
the following:	1167

(1) The owner of a freestanding single-family home occupied	1168
by the owner;	1169

(2) The owner or manager of a residential unit designated	1170
for and used exclusively by senior citizens or disabled adults and	1171
only as a residence;	1172

(3) The owner or manager of a one-room residential unit	1173
designed for single-occupancy and used exclusively by an adult and	1174
only as a residence.	1175

(C) The areas of a residential unit, child day-care	1176
facility, or school that are subject to division (A) of this	1177
section include all of the following:	1178

(1) The interior and exterior surfaces and all common areas	1179
of the unit, facility, or school;	1180

(2) Every attached or unattached structure located within	1181
the same lot line as the unit, facility, or school that the owner	1182
or manager considers to be associated with the operation of the	1183
unit, facility, or school, including garages, play equipment, and	1184
fences;	1185

(3) The lot or land that the unit, facility, or school	1186
occupies.	1187

(D) A person who violates division (A) of this section is	1188
subject to section 3742.50 and division (A)(2) of section 3742.51	1189
of the Revised Code.	1190

Sec. 3742.42. (A) A property constructed before January 1,	1191
1950, that is used as a residential unit, child day-care facility,	1192
or school shall be legally presumed not to contain a lead hazard	1193
and not be the source of the lead poisoning of an individual who	1194
resides in the unit or receives child day-care or education at the	1195
facility or school if the owner or manager of the unit, facility,	1196
or school successfully completes both of the following preventive	1197
treatments:	1198

(1) Follows the essential maintenance practices specified in	1199
division (A) of section 3742.41 of the Revised Code;	1200

(2) Covers all horizontal surfaces within the unit,	1201
facility, or school that are rough, pitted, or porous with a	1202
smooth, cleanable covering or coating, such as metal coil stock,	1203
plastic, polyurethane, or linoleum.	1204

(B) The owner or manager of a residential unit, child	1205
day-care facility, or school has successfully completed the	1206
preventive treatments specified in division (A) of this section if	1207
the unit, facility, or school passes a clearance examination in	1208
accordance with standards for passage established by rules adopted	1209
under section 3742.49 of the Revised Code.	1210

(C) The legal presumption established under this section is	1211
rebuttable in a court of law only on a showing of clear and	1212
convincing evidence to the contrary.	1213

Sec. 3742.43. A person who implements essential maintenance	1214
practices shall do all of the following in the area of the	1215
residential unit, child day-care facility, or school in which the	1216
essential maintenance practices are being performed:	1217

(A) Allow only persons performing the essential maintenance	1218
practices access to the area;	1219

(B) Cover the area with six mil polyethylene plastic or its	1220
equivalent;	1221

(C) Protect workers;

1222

(D) Protect occupants' belongings by covering or removing	1223
them from the area;	1224

(E) Wet down all painted surfaces before disturbing the	1225
surfaces;	1226

(F) Wet down debris before sweeping or vacuuming.	1227

1228

Sec. 3742.44.  (A) The following activities shall be	1229
considered unsafe work practices due to the likelihood that	1230
engaging in the activities will create lead hazards, and in no	1231
event shall any person engage in the following activities when	1232
implementing essential maintenance practices or preventive	1233
treatments:	1234

(1) Open flame burning or torching;

1235

(2) Machine sanding or grinding without a HEPA local vacuum	1236
exhaust tool;	1237

(3) Abrasive blasting or sandblasting without a HEPA local	1238
vacuum exhaust tool;	1239

(4) Use of a heat gun operating above one thousand one	1240
hundred degrees fahrenheit;	1241

(5) Charring paint;

1242

(6) Dry sanding;

1243

(7) Dry scraping, except when done as follows:

1244

(a) In conjunction with a heat gun operating at no more than	1245
one thousand one hundred degrees fahrenheit;	1246

(b) Within one foot of an electrical outlet;

1247

(c) To treat defective paint spots totaling not more than	1248
two square feet in an interior room or space or twenty square feet	1249
on an exterior surface.	1250

(8) Uncontained hydroblasting or high-pressure washing;

1251

(9) Paint stripping in a poorly ventilated space using a	1252
volatile stripper that is considered a hazardous substance under	1253
16 C.F.R. 1500.3 or a hazardous chemical under 29 C.F.R. 1910.1200	1254
or 29 C.F.R. 1926.59 in the type of work being performed.	1255

(B) A person may engage in the following activities when	1256
performing essential maintenance practices or preventive	1257
treatments, but only if licensed under this chapter:	1258

(1) Machine sanding or grinding performed with a HEPA local	1259
vacuum exhaust tool;	1260

(2) Abrasive blasting or sandblasting performed with a HEPA	1261
local vacuum exhaust tool;	1262

(3) Hydroblasting or high-pressure washing if the activity	1263
is contained.	1264

Sec. 3742.45.  (A) Specialized cleaning methods used as	1265
essential maintenance practices or preventive treatments to	1266
control lead-contaminated dust may include any of the following:	1267

(1) Cleaning potentially lead-contaminated surfaces with a	1268
detergent;	1269

(2) Vacuuming potentially lead-contaminated surfaces with a	1270
HEPA vacuum;	1271

(3) Covering potentially lead-contaminated soil.

1272

(B) A person who uses or provides for others to use	1273
specialized cleaning methods as an essential maintenance practice	1274
or preventive treatment shall ensure that the cleaning is	1275
performed as follows:	1276

(1) The common areas of a building with more than one	1277
residential unit must undergo specialized cleaning at least	1278
annually, including hallways, stairways, laundry rooms,	1279
recreational rooms, playgrounds, boundary fences, and other	1280
portions of the building and its surroundings that are generally	1281
accessible to all residents.	1282

(2) A residential unit that is vacated by its occupants must	1283
undergo specialized cleaning before it may be reoccupied.	1284

(3) A child day-care facility or school must undergo	1285
specialized cleaning at least annually at a time when children are	1286
not present at the facility or school.	1287

(4) A residential unit, child day-care facility, or school	1288
must undergo specialized cleaning on the completion of any	1289
maintenance or repair work that disturbs lead-contaminated dust.	1290

Sec. 3742.46.  Except as provided in division (B) of section	1291
3742.44 of the Revised Code, essential maintenance practices and	1292
preventive treatments need not be performed by an individual who	1293
is licensed as a lead abatement contractor, lead abatement worker,	1294
or lead-safe renovator under this chapter. Any person, other than	1295
a licensed lead abatement contractor, lead abatement worker, or	1296
lead-safe renovator, who performs or supervises essential	1297
maintenance practices or preventive treatments must have	1298
successfully completed a not more than one-day training program	1299
approved by the director of health under section 3742.47 of the	1300
Revised Code in the identification and control of lead hazards.	1301

Sec. 3742.47.  (A) A person seeking approval of a not more	1302
than one-day training program in the identification and control of	1303
lead hazards shall apply for approval to the director of health.	1304
The application shall be made on a form prescribed by the director	1305
and shall include the fee established under division (B) of this	1306
section. The director shall issue approval to the applicant if	1307
the training program meets the requirements established by rules	1308
adopted under section 3742.49 of the Revised Code.	1309

(B) The director of health shall establish an application	1310
fee for approving not more than one-day training programs under	1311
this section. The fee shall be reasonable and shall not exceed the	1312
expenses incurred in conducting the approval of training programs.	1313
An application fee submitted under division (A) of this section is	1314
nonrefundable.	1315

Sec. 3742.48.  The director of health, in consultation with	1316
the individual authorized by the governor to act as the state	1317
historic preservation officer, shall develop recommendations for	1318
controlling lead hazards that take into consideration the historic	1319
nature of the property in which the hazards are located. The	1320
director shall advise property owners, property managers, and	1321
others of the recommendations by including them in the educational	1322
materials distributed through the childhood lead poisoning	1323
prevention program established under section 3742.31 of the	1324
Revised Code. The director shall provide periodic notifications	1325
of the recommendations to all persons licensed under this chapter.	1326
All lead hazard control orders issued under section 3742.37 of the	1327
Revised Code shall inform the recipient of the recommendations	1328
developed under this section.	1329

In no event shall a person use the recommendations as	1330
justification for refusing to comply with a lead hazard control	1331
order issued under section 3742.37 of the Revised Code.	1332

Sec. 3742.49.  (A) The public health council shall adopt	1333
rules in accordance with Chapter 119. of the Revised Code	1334
establishing all of the following:	1335

(1) Procedures necessary for the development and operation	1336
of the childhood lead poisoning prevention program established	1337
under section 3742.31 of the Revised Code;	1338

(2) Standards and procedures for conducting investigations	1339
and risk assessments under sections 3742.35 and 3742.36 of the	1340
Revised Code;	1341

(3) Standards and procedures for issuing lead hazard control	1342
orders under section 3742.37 of the Revised Code, including	1343
standards and procedures for determining appropriate deadlines for	1344
complying with lead hazard control orders;	1345

(4) The method of determining whether a child whose lead	1346
poisoning initiates an investigation of a residential unit, child	1347
day-care facility, or school is the victim of an environmental	1348
hazard or immediate medical emergency;	1349

(5) The level of lead in human blood that is hazardous to	1350
human health, based on information obtained from the centers for	1351
disease control and prevention in the public health service of the	1352
United States department of health and human services;	1353

(6) The level of lead in paint, dust, and soil that is	1354
hazardous to human health;	1355

(7) Standards and procedures to be followed when	1356
implementing essential maintenance practices or preventive	1357
treatments for the control of lead hazards pursuant to sections	1358
3742.41 and 3742.42 of the Revised Code that are based on	1359
information from the United States environmental protection	1360
agency, department of housing and urban development, occupational	1361
safety and health administration, or other agencies with	1362
recommendations or guidelines regarding implementation of	1363
essential maintenance practices or preventive treatments;	1364

(8) Standards that must be met to pass a clearance	1365
examination;	1366

(9) Procedures for approving under section 3742.47 of the	1367
Revised Code not more than one-day training programs in the	1368
identification and control of lead hazards and requirements a	1369
program must meet to receive approval.	1370

(B) The public health council shall establish procedures for	1371
revising its rules to ensure that the childhood lead poisoning	1372
prevention activities conducted under this chapter continue to	1373
meet the requirements necessary to obtain any federal funding	1374
available for those activities, including requirements established	1375
by the United States environmental protection agency, United	1376
States department of housing and urban development, or any other	1377
federal agency with jurisdiction over activities pertaining to	1378
childhood lead poisoning prevention.	1379

Sec. 3742.50.  At the request of the director of health, the	1380
attorney general may commence a civil action for civil penalties	1381
and injunctive and other equitable relief against a person who	1382
violates division (A) of section 3742.41 of the Revised Code. The	1383
action shall be commenced in a court of competent jursidiction in	1384
the county in which the violation occurred or is about to occur.	1385
Any person affected by a lead hazard created in a residential	1386
unit, child day-care facility, or school as a result of the	1387
violation may intervene in the action as a matter of right.	1388

The court shall grant injunctive and other equitable relief	1389
on a showing that the person has violated or is about to violate	1390
division (A) of section 3742.41 of the Revised Code. On a finding	1391
of a violation, the court shall assess a civil penalty of not more	1392
than one thousand dollars. Each day a violation continues is a	1393
separate violation, unless the court determines that the person is	1394
making a good faith effort to end the violation. With the	1395
exception of the civil penalties that the court awards to a person	1396
who intervenes in the action, all civil penalties collected by the	1397
court under this section shall be deposited into the state	1398
treasury to the credit of the lead poisoning prevention fund	1399
created under section 3742.52 of the Revised Code.	1400

Sec. 3742.51.  (A)(1) Any person affected by a lead hazard	1401
in a residential unit, child day-care facility, or school may	1402
petition a court of competent jurisdiction in the county where the	1403
unit, facility, or school is located for an injunction enjoining	1404
another person from allowing the lead hazard to be created or to	1405
continue to exist. The court shall grant the injunctive relief on	1406
a showing that the lead hazard exists.	1407

(2) Any person affected by a lead hazard in a residential	1408
unit, child day-care facility, or school may commence a civil	1409
action for civil penalties against a person who violates division	1410
(A) of section 3742.41 of the Revised Code. The action shall be	1411
commenced in a court of competent jurisdiction in the county where	1412
the unit, facility, or school is located. The director of health	1413
or board of health may intervene in the action as a matter of	1414
right.	1415

The court shall grant the relief sought on a showing that the	1416
person has violated division (A) of section 3742.41 of the Revised	1417
Code. On a finding of a violation, the court shall assess a civil	1418
penalty of not more than one thousand dollars. Each day a	1419
violation continues is a separate violation, unless the court	1420
determines that person is making a good faith effort to end the	1421
violation.	1422

In addition to assessing a civil penalty, the court may award	1423
to the person who commenced the action the costs of litigation,	1424
including reasonable attorney's and expert witness fees, if the	1425
court determines an award of that nature is appropriate.	1426

(B) No action may be commenced under division (A) of this	1427
section sooner than thirty days after the person intending to	1428
bring the action has given notice to the person against whom the	1429
action will be brought and to the director of health or board of	1430
health with jurisdiction in the case, except that an action may be	1431
brought immediately after notification of the person and the	1432
director or board if the action is being brought on behalf of a	1433
child identified with lead poisoning.	1434

(C) Nothing in this section abridges or alters any rights of	1435
action or civil or criminal penalties existing in equity, under	1436
the common law, or by statute. The injunctive and other relief	1437
granted under this section is in addition to any other remedies	1438
available to the person affected by the lead hazard.	1439

Sec. 3742.52.  (A) There is hereby created in the state	1440
treasury the lead poisoning prevention fund. The fund shall	1441
include all moneys appropriated to the department of health for	1442
the administration and enforcement of sections 3742.31 to 3742.51	1443
of the Revised Code and the rules adopted under those sections and	1444
all civil penalties awarded to the department of health or a board	1445
of health under section 3742.50 or 3742.51 of the Revised Code.	1446
Any grants, contributions, or other moneys collected by the	1447
department for purposes of preventing lead poisoning shall be	1448
deposited in the state treasury to the credit of the fund.	1449

(B) Moneys in the fund shall be used solely for the purposes	1450
of the childhood lead poisoning prevention program established	1451
under section 3742.31 of the Revised Code, including providing	1452
financial assistance to individuals who are unable to pay for the	1453
following:	1454

(1) Costs associated with obtaining lead tests and lead	1455
poisoning treatment for children under six years of age who are	1456
not covered by private medical insurance or are underinsured, are	1457
not eligible for the medicaid program established under Chapter	1458
5111. of the Revised Code or any other government health program,	1459
and do not have access to another source of funds to cover the	1460
cost of lead tests and any indicated treatments;	1461

(2) Costs associated with having essential maintenance	1462
practices, preventive treatments, or lead abatement performed.	1463

Sec. 3742.99.  (A) At the request of the director of health	1465
or a board of health, a prosecuting attorney, city director of	1466
law, village solicitor, or similar chief legal officer may	1467
commence a criminal action against any person who violates any	1468
provision of this chapter section 3742.02, 3742.06, or 3742.07 of	1469
the Revised Code, any rule adopted under it this chapter that is	1470
directly related to any of the provisions of those sections, or	1471
any order issued pursuant to this chapter that is directly related	1472
to any of the provisions of those sections.	1473

(B) Upon conviction, the person is subject to:

1474

(1) A fine of not more than one thousand dollars or	1475
imprisonment for not more than six months, or both, for a first	1476
offense;	1477

(2) A fine of at least one thousand but not more than five	1478
thousand dollars or imprisonment for at least six months but not	1479
more than three years, or both, for a second or subsequent	1480
offense. Each day of violation is a separate offense.	1481

Section 2.  That existing sections 3314.03, 3318.031,	1482
3742.01, 3742.02, 3742.03, 3742.04, 3742.05, 3742.06, 3742.07,	1483
3742.08, 3742.10, 3742.11, 3742.12, 3742.13, 3742.14, 3742.15,	1484
3742.16, 3742.17, 3742.18, 3742.19, and 3742.99 of the Revised	1485
Code are hereby repealed.	1486

Section 3.  The Superintendent of Insurance, not later than	1487
one year after the effective date of this act, shall determine the	1488
extent to which insurance policies are available in this state	1489
that provide property owners and lead abatement contractors with	1490
coverage of any liability they may have with regard to lead	1491
hazards, lead poisoning, efforts to control lead hazards, and the	1492
results of lead abatement projects. If the Superintendent	1493
determines that the market for such liability insurance has not	1494
developed, the Superintendent shall take appropriate measures to	1495
encourage the development of liability insurance policies to meet	1496
those needs.	1497

Section 4.  Section 3742.32 of the Revised Code is repealed	1498
effective December 31, 2004.	1499

Section 5.  Section 3314.03 of the Revised Code is presented	1500
in this act as a composite of the section as amended by both Am.	1501
Sub. H.B. 121 and Am. Sub. H.B. 282 of the 123rd General Assembly.	1502
The General Assembly, applying the principle stated in division	1503
(B) of section 1.52 of the Revised Code that amendments are to be	1504
harmonized if reasonably capable of simultaneous operation, finds	1505
that the composite is the resulting version of the section in	1506
effect prior to the effective date of the section as presented in	1507
this act.	1508