REPRESENTATIVES Williams, Schaffer, Kearns, Barrett, Otterman, R. Miller, Lendrum, Rhine, G. Smith, Jones, D. Miller, Allen, Hollister, Ford, Roman, Jolivette, Seitz, Gilb, Kilbane, Patton, McGregor, Aslanides, Schneider, S. Smith, Cirelli, Schmidt, Cates, Redfern, Niehaus, Coates, Latell, Sulzer, Ogg, Distel, Britton, Young, Brinkman, Flowers, Flannery, Beatty, Fedor, Driehaus, Clancy, Setzer, Perry, Reidelbach, Buehrer, Widowfield, Woodard

To amend sections 3314.03, 3318.031, 3742.01 to

1

3742.08, 3742.10 to 3742.19, and 3742.99; to amend,

2

for the purpose of adopting new section numbers as

3

indicated in parentheses, sections 3742.11

4

(3742.31), 3742.12 (3742.35), and 3742.13

5

(3742.34); and to enact sections 3701.61, 3742.051,

6

3742.071, 3742.161, 3742.32, and 3742.36 to 3742.51

7

of the Revised Code with respect to the prevention

8

of child lead poisoning.

9

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

Section 1.  That sections 3314.03, 3318.031, 3742.01,	10
3742.02, 3742.03, 3742.04, 3742.05, 3742.06, 3742.07, 3742.08,	11
3742.10, 3742.11, 3742.12, 3742.13, 3742.14, 3742.15, 3742.16,	12
3742.17, 3742.18, 3742.19, and 3742.99 be amended; sections	13
3742.11 (3742.31), 3742.12 (3742.35), and 3742.13 (3742.34) be	14
amended for the purpose of adopting new section numbers as	15
indicated in parentheses; and sections 3701.61, 3742.051,	16
3742.071, 3742.161, 3742.32, 3742.36, 3742.37, 3742.38, 3742.39,	17
3742.40, 3742.41, 3742.42, 3742.43, 3742.44, 3742.45, 3742.46,	18
3742.47, 3742.48, 3742.49, 3742.50, and 3742.51 of the Revised	19
Code be enacted to read as follows:	20

Sec. 3314.03.  (A) Each contract entered into under section	21
3314.02 of the Revised Code between a sponsor and the governing	22
authority of a community school shall specify the following:	23

(1) That the school shall be established as a nonprofit	24
corporation established under Chapter 1702. of the Revised Code;	25

(2) The education program of the school, including the	26
school's mission, the characteristics of the students the school	27
is expected to attract, the ages and grades of students, and the	28
focus of the curriculum;	29

(3) The academic goals to be achieved and the method of	30
measurement that will be used to determine progress toward those	31
goals, which shall include the statewide achievement tests;	32

(4) Performance standards by which the success of the school	33
will be evaluated by the sponsor;	34

(5) The admission standards of section 3314.06 of the	35
Revised Code;	36

(6) Dismissal procedures;

37

(7) The ways by which the school will achieve racial and	38
ethnic balance reflective of the community it serves;	39

(8) Requirements and procedures for financial audits by the	40
auditor of state. The contract shall require financial records of	41
the school to be maintained in the same manner as are financial	42
records of school districts, pursuant to rules of the auditor of	43
state, and the audits shall be conducted in accordance with	44
section 117.10 of the Revised Code.	45

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

46

(10) Qualifications of teachers, including a requirement	47
that the school's classroom teachers be licensed in accordance	48
with sections 3319.22 to 3319.31 of the Revised Code, except that	49
a community school may engage noncertificated persons to teach up	50
to twelve hours per week pursuant to section 3319.301 of the	51
Revised Code;	52

(11) That the school will comply with the following	53
requirements:	54

(a) The school will provide learning opportunities to a	55
minimum of twenty-five students for a minimum of nine hundred	56
twenty hours per school year;	57

(b) The governing authority will purchase liability	58
insurance, or otherwise provide for the potential liability of the	59
school;	60

(c) The school will be nonsectarian in its programs,	61
admission policies, employment practices, and all other	62
operations, and will not be operated by a sectarian school or	63
religious institution;	64

(d) The school will comply with divisions (A), (B), and (C)	65
of section 3301.0715 and sections 9.90, 9.91, 109.65, 121.22,	66
149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 3301.0711,	67
3301.0712, 3301.0714, 3313.50, 3313.643, 3313.66, 3313.661,	68
3313.662, 3313.67, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716,	69
3313.80, 3313.96, 3319.321, 3319.39, 3321.01, 3327.10, 4111.17,	70
and 4113.52 and Chapters 117., 1347., 2744., 3365., 3742., 4112.,	71
4123., 4141., and 4167. of the Revised Code as if it were a school	72
district;	73

(e) The school shall comply with Chapter 102. of the Revised	74
Code except that nothing in that chapter shall prohibit a member	75
of the school's governing board from also being an employee of the	76
school and nothing in that chapter or section 2921.42 of the	77
Revised Code shall prohibit a member of the school's governing	78
board from having an interest in a contract into which the	79
governing board enters;	80

(f) The school will comply with sections 3313.61 , 3313.611,	81
and 3313.614 of the Revised Code, except that the requirement in	82
sections 3313.61 and 3313.611 of the Revised Code that a person	83
must successfully complete the curriculum in any high school prior	84
to receiving a high school diploma may be met by completing the	85
curriculum adopted by the governing authority of the community	86
school rather than the curriculum specified in Title XXXIII of the	87
Revised Code or any rules of the state board of education;	88

(g) The school governing authority will submit an annual	89
report of its activities and progress in meeting the goals and	90
standards of divisions (A)(3) and (4) of this section and its	91
financial status to the sponsor, the parents of all students	92
enrolled in the school, and the legislative office of education	93
oversight. The school will collect and provide any data that the	94
legislative office of education oversight requests in furtherance	95
of any study or research that the general assembly requires the	96
office to conduct, including the studies required under Section	97
50.39 of Am. Sub. H.B. 215 of the 122nd general assembly and	98
Section 50.52.2 of Am. Sub. H.B. 215 of the 122nd general	99
assembly, as amended.	100

(12) Arrangements for providing health and other benefits to	101
employees;	102

(13) The length of the contract, which shall begin at the	103
beginning of an academic year and shall not exceed five years;	104

(14) The governing authority of the school, which shall be	105
responsible for carrying out the provisions of the contract;	106

(15) A financial plan detailing an estimated school budget	107
for each year of the period of the contract and specifying the	108
total estimated per pupil expenditure amount for each such year.	109
The plan shall specify for each year the base formula amount that	110
will be used for purposes of funding calculations under section	111
3314.08 of the Revised Code. This base formula amount for any	112
year shall not exceed the formula amount defined under section	113
3317.02 of the Revised Code. The plan may also specify for any	114
year a percentage figure to be used for reducing the per pupil	115
amount of disadvantaged pupil impact aid calculated pursuant to	116
section 3317.029 of the Revised Code the school is to receive that	117
year under section 3314.08 of the Revised Code.	118

(16) Requirements and procedures regarding the disposition	119
of employees of the school in the event the contract is terminated	120
or not renewed pursuant to section 3314.07 of the Revised Code;	121

(17) Whether the school is to be created by converting all	122
or part of an existing public school or is to be a new start-up	123
school, and if it is a converted public school, specification of	124
any duties or responsibilities of an employer that the board of	125
education that operated the school before conversion is delegating	126
to the governing board of the community school with respect to all	127
or any specified group of employees provided the delegation is not	128
prohibited by a collective bargaining agreement applicable to such	129
employees;	130

(18) Provisions establishing procedures for resolving	131
disputes or differences of opinion between the sponsor and the	132
governing authority of the community school;	133

(19) A provision requiring the governing authority to adopt	134
a policy regarding the admission of students who reside outside	135
the district in which the school is located. That policy shall	136
comply with the admissions procedures specified in section 3314.06	137
of the Revised Code and, at the sole discretion of the authority,	138
shall do one of the following:	139

(a) Prohibit the enrollment of students who reside outside	140
the district in which the school is located;	141

(b) Permit the enrollment of students who reside in	142
districts adjacent to the district in which the school is located;	143

(c) Permit the enrollment of students who reside in any	144
other district in the state.	145

(B) The community school shall also submit to the sponsor a	146
comprehensive plan for the school. The plan shall specify the	147
following:	148

(1) The process by which the governing authority of the	149
school will be selected in the future;	150

(2) The management and administration of the school;

151

(3) If the community school is a currently existing public	152
school, alternative arrangements for current public school	153
students who choose not to attend the school and teachers who	154
choose not to teach in the school after conversion;	155

(4) The instructional program and educational philosophy of	156
the school;	157

(5) Internal financial controls.

158

(C) A contract entered into under section 3314.02 of the	159
Revised Code between a sponsor and the governing authority of a	160
community school may provide for the community school governing	161
authority to make payments to the sponsor, which is hereby	162
authorized to receive such payments as set forth in the contract	163
between the governing authority and the sponsor.	164

Sec. 3318.031.  The Ohio school facilities commission shall	165
consider student and staff safety and health when reviewing design	166
plans for classroom facility construction projects proposed under	167
this chapter. After consulting with appropriate education,	168
health, and law enforcement personnel, the commission may require	169
as a condition of project approval under section 3318.03 of the	170
Revised Code such changes in the design plans as the commission	171
believes will advance or improve student and staff safety and	172
health in the proposed classroom facility.	173

To carry out its duties under this section, the commission	174
shall review and, if necessary, amend any construction and design	175
standards used in its project approval process, including	176
standards for location and number of exits, standards for lead	177
safety in classroom facilities constructed before 1978 in which	178
services are provided to children under six years of age, and	179
location of restrooms, with a focus on advancing student and staff	180
safety and health.	181

Sec. 3701.61.  As used in this section, "lead poisoning" has	182
the same meaning as in section 3742.01 of the Revised Code.	183

Each child at risk of lead poisoning shall undergo a blood	184
lead screening test to determine whether the child has lead	185
poisoning. The at-risk children shall undergo the test at times	186
determined by rules the public health council shall adopt in	187
accordance with Chapter 119. of the Revised Code that are	188
consistent with the guidelines established by the centers for	189
disease control and prevention in the public health service of the	190
United States department of health and human services. The rules	191
shall specify which children are at risk of lead poisoning.	192

Neither this section nor the rules adopted under it affect	193
the coverage of blood lead screening tests by any publicly funded	194
health program, including the medicaid program established by	195
Chapter 5111. of the Revised Code. Neither this section nor the	196
rules adopted under it apply to a child if a parent of the child	197
objects to the test on the grounds that the test conflicts with	198
the parent's religious tenets and practices.	199

Sec. 3742.01.  As used in this chapter:

200

(A) "Board of health" means the board of health of a city or	201
general health district or the authority having the duties of a	202
board of health in a city as authorized by section 3709.05 of the	203
Revised Code.	204

(B) "Child day-care facility" means each area of any of the	205
following in which child day-care, as defined in section 5104.01	206
of the Revised Code, is provided to children less than six years	207
of age:	208

(1) A child day-care center, type A family day-care home, or	209
type B family day-care home as defined in section 5104.01 of the	210
Revised Code;	211

(2) A type C family day-care home authorized to provide	212
child day-care by Sub. H.B. 62 of the 121st general assembly, as	213
amended by Am. Sub. S.B. 160 of the 121st general assembly and	214
Sub. H.B. 407 of the 123rd general assembly;	215

(3) A preschool program or school child program as defined	216
in section 3301.52 of the Revised Code.	217

(C) "Clearance examination" means an examination conducted	218
following a lead abatement or lead-safe renovation to determine	219
whether the lead hazards in a residential unit, child day-care	220
facility, or school have been sufficiently controlled according to	221
standards established in rules adopted under section 3742.49 of	222
the Revised Code. A clearance examination includes a visual	223
assessment, collection, and analysis of environmental samples.	224

(D) "Clearance technician" means a person, other than a	225
licensed lead inspector or licensed lead risk assessor, who	226
performs a clearance examination.	227

(E) "Clinical laboratory" means a facility for the	228
biological, microbiological, seriologicalserological, chemical,	229
immunoheatologicalimmunohematological, hematological,	230
biophysical, cytological, pathological, or other examination of	231
substances derived from the human body for the purpose of	232
providing information for the diagnosis, prevention, or treatment	233
of any disease, or in the assessment or impairment of the health	234
of human beings. "Clinical laboratory" does not include a facility	235
that only collects or prepares specimens, or serves as a mailing	236
service, and does not perform testing.	237

(B)(F) "Encapsulation" means a method of lead abatement or	238
lead-safe renovation that involves the coating and sealing of	239
surfaces with durable surface coating specifically formulated to	240
be elastic, able to withstand sharp and blunt impacts,	241
long-lasting, and resilient, while also resistant to cracking,	242
peeling, algae, fungus, and ultraviolet light, so as to prevent	243
any part of lead-containing paint from becoming part of house dust	244
or otherwise accessible to children.	245

(C)(G) "Enclosure" means the resurfacing or covering of	246
surfaces with durable materials such as wallboard or paneling, and	247
the sealing or caulking of edges and joints so as to prevent or	248
control chalking, flaking, peeling, scaling, or loose	249
lead-containing substances from becoming part of house dust or	250
accessible to children.	251

(D)(H) "Environmental lead analytical laboratory" means a	252
facility that analyzes air, dust, soil, water, paint, film, or	253
other substances, other than substances derived from the human	254
body, for the presence and concentration of lead.	255

(E)(I) "HEPA" means the designation given to a product,	256
device, or system that has been equipped with a high-efficiency	257
particulate air filter, which is a filter capable of removing	258
particles of 0.3 microns or larger from air at 99.97 per cent or	259
greater efficiency.	260

(J) "Interim controls" means a set of measures designed to	261
reduce temporarily human exposure or likely human exposure to lead	262
hazards. Interim controls include specialized cleaning, repairs,	263
painting, temporary containment, ongoing lead hazard maintenance	264
activities, and the establishment and operation of management and	265
resident education programs.	266

(K)(1) "Lead abatement" means a measure or set of measures,	267
including the following, designed and intended to eliminatefor	268
the single purpose of permanently eliminating lead hazards. "Lead	269
abatement" includes all of the following:	270

(1)(a) Removal, encapsulation, or enclosure of lead hazards	271
lead-based paint and lead-contaminated dust;	272

(2)(b) Permanent enclosure or encapsulation of lead-based	273
paint;	274

(c) Replacement of lead-contaminated surfaces or fixtures	275
painted with lead-based paint;	276

(3)(d) Removal or permanent covering of lead-contaminated	277
soil;	278

(4)(e) Preparation, cleanup, and disposal, and postabatement	279
activities associated with thelead abatement.	280

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

281

(a) Essential maintenance practices and preventive	282
treatments performed pursuant to section 3742.46 of the Revised	283
Code;	284

(b) Activities performed by a property owner on a	285
residential unit to which both of the following apply:	286

(i) It is a freestanding single-family home used as the	287
property owner's private residence.	288

(ii) No child under six years of age who has lead poisoning	289
resides in the unit.	290

(c) Lead-safe renovations performed and supervised by a	291
lead-safe renovator;	292

(d) Implementation of interim controls.

293

(F)(L) "Lead abatement contractor" means any individual who	294
engages in or intends to engage in lead abatement and employs or	295
supervises one or more lead abatement workers, including on-site	296
supervision of lead abatement projects, or prepares	297
specifications, plans, or documents for a lead abatement project.	298

(G)(M) "Lead abatement project" means one or more lead	299
abatement activities that are conducted by a lead abatement	300
contractor and are reasonably related to each other.	301

(H)(N) "Lead abatement project designer" means a person who	302
is responsible for designing lead abatement projects and preparing	303
a pre-abatement plan for all designed projects.	304

(I)(O) "Lead abatement worker" means an individual who is	305
responsible in a nonsupervisory capacity for the performance of	306
lead abatement.	307

(J)(P) "Lead-based paint" means any paint or other similar	308
surface-coating substance containing lead at or in excess of the	309
level that is hazardous to human health as established by rule of	310
the public health council in accordance with section 3742.03	311
3742.49 of the Revised Code.	312

(K)(Q) "Lead-contaminated dust" means dust in or on	313
structures that containcontains an area or mass concentration of	314
lead at or in excess of the level that is hazardous to human	315
health as established by rule of the public health council under	316
section 3742.033742.49 of the Revised Code.	317

(L)(R) "Lead-contaminated soil" means soil that contains lead	318
at or in excess of the level that is hazardous to human health as	319
established by rule of the public health council under section	320
3742.033742.49 of the Revised Code.	321

(M)(S) "Lead hazard" means material that mayis likely to	322
cause lead exposure and may endanger an individual's health as	323
determined by the public health council in rules adopted under	324
section 3742.033742.49 of the Revised Code. "Lead hazard"	325
includes lead-based paint, lead-contaminated dust,	326
lead-contaminated soil, and lead-contaminated water pipes.	327

(N)(T) "Lead inspection" means a surface-by-surface	328
investigation to determine the presence of lead-based paint and	329
the provision of a report explaining the results. The inspection	330
shall use a sampling or testing technique approved by the public	331
health council in rules adopted by the council under section	332
3742.03 of the Revised Code. A licensed lead inspector or	333
laboratory approved under section 3742.09 of the Revised Code	334
shall certify in writing the precise results of the inspection.	335

(O)(U) "Lead inspector" means any individual who conducts a	336
lead inspection, provides professional advice regarding a lead	337
inspection, or prepares a report explaining the results of a lead	338
inspection.	339

(P)(V) "Lead poisoning" means the level of lead in human	340
blood that is hazardous to human health, as specified in rules	341
adopted under section 3742.033742.49 of the Revised Code.	342

(Q)(W) "Lead risk assessment" means an on-site investigation	343
to determine and report the existence, nature, severity, and	344
location of lead-based paintlead hazards in structuresa	345
residential unit, child day-care facility, or school, including	346
information gathering from the unit, facility, or school's current	347
owner's knowledge regarding the age and painting history of the	348
structureunit, facility, or school and occupancy by children	349
under age six years of age, visual inspection, limited wipe	350
sampling or other environmental sampling techniques, and other	351
activity as may be appropriate, and provision of a report	352
explaining the results of the investigation.	353

(R)(X) "Lead risk assessor" means a person who is responsible	354
for developing a written inspection, risk assessment, and analysis	355
plan; conducting inspections for lead-based paintlead hazards in	356
a structureresidential unit, child day-care facility, or school;	357
taking post-abatement soil and dust clearance samples and	358
evaluating the results; interpreting results of inspections and	359
risk assessments; identifying hazard control strategies to reduce	360
or eliminate lead exposures; and completing a risk assessment	361
report.	362

(S)(Y) "Lead-safe renovation" means a general improvement of	363
all or part of an existing residential unit, child day-care	364
facility, or school in which the permanent elimination of a lead	365
hazard is incidental rather than the single purpose of the	366
improvement. "Lead-safe renovation" includes the removal or	367
modification of surfaces or components painted with lead-based	368
paint, the removal of large structures, and window replacement.	369
"Lead-safe renovation" does not include a privately funded general	370
improvement of all or part of an existing residential unit that is	371
privately owned and in which no child under six years of age who	372
has lead poisoning resides.	373

(Z) "Lead-safe renovator" means a person who performs or	374
supervises a lead-safe renovation in a residential unit, child	375
day-care facility, or school after successfully completing a	376
training program approved under section 3742.47 of the Revised	377
Code.	378

(AA) "Manager" means a person, who may be the same person as	379
the owner, responsible for the daily operation of a structure	380
residential unit, child day-care facility, or school.	381

(T)(BB) "Permanent" means an expected design life of at	382
least twenty years.	383

(CC) "Replacement" means a lead abatement activity that	384
entails removing components such as windows, doors, and trim that	385
have lead-based paintlead hazards on their surfaces and	386
installing new or de-leaded components free of lead-based paint	387
lead hazards.	388

(U) "Structure" means any house, apartment, or building, used	389
as an individual's private residence or commonly used as a place	390
of education or child day-care center for children under six years	391
of age, including all of the following:	392

(1) The interior and exterior surfaces and all common areas	393
of the structure;	394

(2) Every attached or unattached structure located within	395
the same lot line, including garages, play equipment, and fences;	396

(3) The lot or land occupied by the structure(DD)	397
"Residential unit" means a dwelling or any part of a building	398
being used as an individual's private residence.	399

(EE) "School" means a public or non-public school in which	400
children less than six years of age receive education.	401

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

402

(1) Violate any provision of this chapter or the rules	403
adopted pursuant to it;	404

(2) Apply or cause to be applied any lead-based paint on or	405
inside any structurea residential unit, child day-care facility,	406
or school, unless the public health council has determined by rule	407
under section 3742.033742.49 of the Revised Code that no suitable	408
substitute exists;	409

(3) Interfere with an inspectioninvestigation conducted by	410
the director of health or a board of health in accordance with	411
section 3742.11 or 3742.123742.35 of the Revised Code.	412

(B) No person shall knowingly authorize or employ anyan	413
individual to perform lead abatement on a structureresidential	414
unit, child day-care facility, or school unless thatthe	415
individual who will perform the lead abatement holds a valid	416
license issued under section 3742.05 of the Revised Code.	417

(C) Without an appropriate valid license issued under section	418
3742.05 of the Revised Code, noNo person shall do any of the	419
following when a residential unit, child day-care facility, or	420
school is involved:	421

(1) Perform a lead inspection or hold himself out as a lead	422
inspector without a valid lead inspector license issued under	423
section 3742.05 Of the Revised Code;	424

(2) Perform a lead risk assessment,or provide professional	425
advice regarding lead abatement, or hold himself out as a lead	426
risk assessor without a valid lead risk assessor license issued	427
under section 3742.05 Of the Revised Code;	428

(3) Act as a lead abatement contractor or hold himself out	429
as a lead abatement contractor without a valid lead abatement	430
contractor's license issued under section 3742.05 of the Revised	431
Code;	432

(4) Act as a lead abatement project designer or hold himself	433
out as a lead abatement project designer without a valid lead	434
abatement project designer license issued under section 3742.05 of	435
the Revised Code;	436

(5) Perform or hold himself out as providing lead abatement	437
without a valid lead abatement worker license issued under section	438
3742.05 of the Revised Code;	439

(6) Effective one year after the effective date of this	440
amendment, perform a clearance examination without a valid	441
clearance technician license issued under section 3742.05 of the	442
Revised Code, unless the person holds a valid lead inspector	443
license or valid lead risk assessor license issued under that	444
section;	445

(7) Effective one year after the effective date of this	446
amendment, perform or supervise a lead-safe renovation without	447
having successfully completed a training program approved under	448
section 3742.47 of the Revised Code or without complying with 24	449
Code of Federal Regulations Part 35;	450

(8) Perform lead training for the purposes of this chapter	451
without a valid approval from the director of health under section	452
3742.08 of the Revised Code;	453

(9) Perform interim controls without complying with 24 Code	454
of Federal Regulations Part 35.	455

(D) This section does not apply to any individual performing	456
lead abatement on a structure, or on the portion of the structure,	457
that is used as his private residence.	458

Sec. 3742.03.  The public health council shall adopt rules in	459
accordance with Chapter 119. of the Revised Code for the	460
administration and enforcement of this chaptersections 3742.01 to	461
3742.19 and 3742.99 of the Revised Code. The rules shall specify	462
all of the following:	463

(A) Procedures to be followed by any individuala lead	464
abatement contractor, lead abatement project designer, lead	465
abatement worker, lead inspector, or lead risk assessor licensed	466
under section 3742.05 of the Revised Code for undertaking lead	467
abatement activities; or clearance technician, lead inspector, or	468
lead risk assessor in performing a clearance examination;	469

(B)(1) Requirements for training and licensure, in addition	470
to those established under section 3742.08 of the Revised Code, to	471
include levels of training and periodic refresher training for	472
each class of worker, and to be used for licensure under section	473
3742.05 of the Revised Code. These requirements shall include at	474
least twenty-four classroom hours of training based on the	475
Occupational Safety and Health Act training program for lead set	476
forth in 29 C.F.R. 1926.62. In establishing the training and	477
licensure requirements, the public health council shall consider	478
the core of information that is needed by all licensed persons,	479
and establish the training requirements so that persons who would	480
seek licenses in more than one area would not have to take	481
duplicative course work. The training requirements for clearance	482
technicians and lead-safe renovators, including continuing	483
training, shall not exceed one day.	484

(2) Persons certified by the American board of industrial	485
hygiene as a certified industrial hygienist or as an industrial	486
hygienist-in-training, and persons registered as a sanitarian or	487
sanitarian-in-training under Chapter 4736. of the Revised Code,	488
shall be exempt from any training requirements for initial	489
licensure established under this chapter, but shall be required to	490
take any examinations for licensure required under section 3742.05	491
of the Revised Code.	492

(C) Fees for licenses issued under section 3742.05 of the	493
Revised Code and for their renewal;	494

(D) Procedures to be followed by lead inspectors, lead	495
abatement contractors, environmental lead analytical laboratories,	496
lead risk assessors, lead abatement project designers, and lead	497
abatement workers, and clearance technicians to prevent public	498
exposure to lead hazards and ensure worker protection during lead	499
abatement projects;	500

(E)(1) Record-keeping and reporting requirements for	501
clinical laboratories, environmental lead analytical laboratories,	502
lead inspectors, lead abatement contractors, lead risk assessors,	503
lead abatement project designers, and lead abatement workers, and	504
clearance technicians for lead abatement projects or clearance	505
examinations;	506

(2) Record-keeping and reporting requirements regarding lead	507
poisoning for physicians, in addition to the requirements of	508
section 3701.25 of the Revised Code;	509

(3) Information that is required to be reported under rules	510
based on divisions (E)(1) and (2) of this section and that is a	511
medical record is not a public record under section 149.43 of the	512
Revised Code and shall not be released, except in aggregate	513
statistical form.	514

(F) Procedures for inspections conducted by the director of	515
health or a board of health under section 3742.12 or 3742.13 of	516
the Revised Code;	517

(G) The level of lead in lead-based paint, lead-contaminated	518
dust, and lead-contaminated soil that is hazardous to human	519
health;	520

(H) The level of lead in human blood that is hazardous to	521
human health according to information obtained from the centers	522
for disease control and prevention in the public health service of	523
the United States department of health and human services;	524

(I) Environmental sampling techniques for use in collecting	525
samples of air, water, dust, paint, and other materials;	526

(J)(G) Requirements for a respiratory protection plan	527
prepared in accordance with section 3742.07 of the Revised Code;	528

(K)(H) Requirements under which a manufacturer of a lead	529
abatement system or productencapsulants must demonstrate evidence	530
of the safety and durability of its system or productencapsulants	531
by providing results of testing from an independent laboratory	532
indicating that the system or product meetsencapsulants meet the	533
standards developed for the particular system or product by the	534
E06.23 subcommittee"E06.23.30 task group on encapsulants," which	535
is the lead-paint abatementtask group of the lead hazards	536
associated with buildings subcommittee of the performance of	537
buildings committee of the American society for testing and	538
materials;	539

(L) Procedures to be followed by the public health council	540
in revising its rules to ensure that lead-hazard activities	541
meeting the provisions of this chapter continue to be eligible for	542
federal funding and meet the requirements promulgated by	543
regulation by the United States environmental protection agency,	544
the United States department of housing and urban development, and	545
other federal agencies that may have jurisdiction over lead	546
hazards;	547

(M)(I) Any other requirements the council considers	548
appropriate for the administration or enforcement of this chapter	549
sections 3742.01 to 3742.19 and 3742.99 of the Revised Code.	550

Sec. 3742.04.  (A) The director of health shall do all of	551
the following:	552

(1) Administer and enforce the requirements of this chapter	553
sections 3742.01 to 3742.19 and 3742.99 of the Revised Code and	554
the rules adopted pursuant to itthose sections;	555

(2)(a) Conduct research and disseminate information on the	556
number, extent, and general geographic location of	557
lead-contaminated structures, which may include a statewide survey	558
and may include the establishment of a unit for the collection and	559
analysis of data on lead-hazard detection and lead-hazard	560
reduction activities, including the licensing, certification,	561
accreditation, approval, and enforcement activities under this	562
chapter;	563

(b) Update information and data collected or disseminated	564
under division (A)(2)(a) of this section to include the results of	565
an inspection or assessment conducted pursuant to section 3742.14	566
of the Revised Code, when a report based on that inspection is	567
provided to the director pursuant to rules adopted by the public	568
health council under section 3742.03 of the Revised Code.	569

(3) Examine records and reports submitted by lead	570
inspectors, lead abatement contractors, lead risk assessors, lead	571
abatement project designers, and lead abatement workers, lead-safe	572
renovators, and clearance technicians in accordance with section	573
3742.05 of the Revised Code to determine whether the requirements	574
of this chapter are being met;	575

(4)(3) Examine records and reports submitted by physicians,	576
clinical laboratories, and environmental lead analytical	577
laboratories under section 3701.25 or 3742.09 of the Revised Code;	578

(5)(4) Issue approval to manufacturers of lead abatement	579
systems or productsencapsulants that have done all of the	580
following:	581

(a) Submitted an application for approval to the director on	582
a form prescribed by the director;	583

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

584

(c) Submitted results from an independent laboratory	585
indicating that the manufacturer's system or product satisfies	586
encapsulants satisfy the requirements established in rules adopted	587
under division (K)(H) of section 3742.03 of the Revised Code;	588

(d) Complied with rules adopted by the public health council	589
regarding durability and safety to workers and residents.	590

(6)(5) Establish liaisons and cooperate with the directors	591
or agencies in states having lead abatement, licensing,	592
accreditation, certification, and approval programs to promote	593
consistency between the requirements of this chapter and those of	594
other states in order to facilitate reciprocity of the programs	595
among states;	596

(6) Establish a program to monitor and audit the quality of	597
work of lead inspectors, lead risk assessors, lead abatement	598
project designers, lead abatement contractors, lead abatement	599
workers, and clearance technicians. The director may refer	600
improper work discovered through the program to the attorney	601
general for appropriate action.	602

(B) In addition to any other authority granted by this	603
chapter, the director of health may do any of the following:	604

(1) Employ persons who have received training from a program	605
the director has determined provides the necessary background. The	606
appropriate training may be obtained in a state that has an	607
ongoing lead abatement program under which it conducts educational	608
programs.	609

(2) Conduct or cooperate with other state agencies to conduct	610
programs of public education on the nature and consequences of	611
lead hazards and on the need for lead-hazard reduction activities	612
to be conducted under careful supervision by licensed and	613
accredited personnel;	614

(3) Cooperate with the United States environmental	615
protection agency in any joint oversight procedures the agency may	616
propose for laboratories that offer lead analysis services and are	617
accredited under the agency's laboratory accreditation program;	618

(4)(3) Advise, consult, cooperate with, or enter into	619
contracts or cooperative agreements with any person, government	620
entity, interstate agency, or the federal government as the	621
director considers necessary to fulfill the requirements of this	622
chapter and the rules adopted under it.	623

Sec. 3742.05.  (A)(1) The director of health shall issue	624
lead inspector, lead abatement contractor, lead risk assessor,	625
lead abatement project designer, and lead abatement worker, and	626
clearance technician licenses. The director shall issue a license	627
to an applicant who meets all of the following requirements:	628

(a) Submits an application to the director on a form	629
prescribed by the director;	630

(b) Meets the licensing and training requirements	631
established by the public health council under section 3742.03 of	632
the Revised Code;	633

(c) Successfully completes the licensing examination for the	634
applicant's area of expertise administered under section 3742.08	635
of the Revised Code and any training required by the director	636
under that section;	637

(d) Pays the license fee established by the public health	638
council under section 3742.03 of the Revised Code;	639

(e) Provides the applicant's social security number and any	640
information the director may require to demonstrate the	641
applicant's compliance with this chapter and the rules adopted	642
under it.	643

(2) An individual may hold more than one license issued	644
under this division, but a separate application is required for	645
each license.	646

(B) A license issued under this section expires two years	647
after the date of issuance. The director shall renew a license in	648
accordance with the standard renewal procedure set forth in	649
Chapter 4745. of the Revised Code, if the licensee does all of the	650
following:	651

(1) Continues to meet the requirements of division (A) of	652
this section;	653

(2) Demonstrates compliance with procedures to prevent	654
public exposure to lead hazards and for worker protection during	655
lead abatement projects or clearance examinations established by	656
rule adopted by the public health council under section 3742.03 of	657
the Revised Code;	658

(3) Meets the record-keeping and reporting requirements for	659
lead abatement projects or clearance examinations established by	660
rule adopted by the public health council under section 3742.03 of	661
the Revised Code;	662

(4) Pays the license renewal fee established by rule adopted	663
by the public health council under section 3742.03 of the Revised	664
Code.	665

(C) An individual licensed, certified, or otherwise approved	666
under the law of another state to perform functions substantially	667
similar to those of a lead inspector, lead abatement contractor,	668
lead risk assessor, lead abatement project designer, or lead	669
abatement worker, or clearance technician may apply to the	670
director of health for licensure in accordance with the procedures	671
set forth in division (A) of this section. The director shall	672
license an individual under this division on a determination that	673
the standards for licensure, certification, or approval in that	674
state are at least substantially equivalent to those established	675
by this chapter and the rules adopted under it. The director may	676
require an examination for licensure under this division.	677

Sec. 3742.051. Lead-safe renovators shall not be subject to	678
licensure or certification.	679

Sec. 3742.06. (A)All of the following apply to a	680
residential unit, child day-care facility, or school:	681

(A) No lead abatement contractor shall provide lead testing	682
services or professional advice regarding lead abatement unless	683
that service or advice is provided by a lead inspector or lead	684
risk assessor who is licensed under section 3742.05 of the Revised	685
Code and is employed by the lead abatement contractor.	686

(B) No person shall provide advice on the need for lead	687
abatement in a structure and then participate in thea lead	688
abatement project on that structureresulting from that advice	689
unless either of the following applies:	690

(1) The person is employed as a member of the staff of the	691
owner or manager of the structureproperty on which the lead	692
abatement is to be performed;	693

(2) A written contract for lead abatement is entered into	694
that states both of the following:	695

(a) The person was involved in the lead testing of the	696
structure, or in the provision of professional advice, that led to	697
the lead abatement contract;	698

(b) The party contracting for lead abatement services should	699
obtain a second opinion to verify any lead test results and assure	700
that the proposed lead abatement or project design is appropriate.	701

(C) No lead inspector, lead abatement contractor, lead risk	702
assessor, or lead abatement project designer, lead-safe renovator,	703
or clearance technician shall use the services of an environmental	704
lead analytical laboratory that has not been approved by the	705
director of health under section 3742.09 of the Revised Code.	706

(D) No lead abatement worker shall perform lead abatement	707
without the on-site supervision of a licensed lead abatement	708
contractor.	709

(E) No person shall perform or supervise a lead-safe	710
renovation in lieu of a lead abatement on a property at which a	711
lead-poisoned child under six years of age has been identified.	712

Sec. 3742.07. (A) Prior to engaging in any lead abatement	713
project on a residential unit, child day-care facility, or school,	714
the lead abatement contractor primarily responsible for the	715
project shall do all of the following:	716

(A)(1) Prepare a written respiratory protection plan that	717
meets requirements established by rule adopted under section	718
3742.03 of the Revised Code and make the plan available to the	719
department of health and all lead abatement workers at the project	720
site;	721

(B)(2) Ensure that each lead abatement worker who is or will	722
be involved in a lead abatement project has been examined by a	723
licensed physician within the preceding calendar year and has been	724
declared by himthe physician to be physically capable of working	725
while wearing a respirator;	726

(C)(3) Ensure that each employee or agent who will come in	727
contact with lead hazards or will be responsible for a lead	728
abatement project receives a license and appropriate training as	729
required by this chapter before engaging in a lead abatement	730
project;	731

(D)(4) At least ten days prior to the commencement of a	732
project, notify the department of health, on a form prescribed by	733
the director of health, of the date a lead abatement project will	734
commence.	735

(B) During each lead abatement project or lead-safe	736
renovation, the lead abatement contractor or lead-safe renovator	737
primarily responsible for the project or renovation shall ensure	738
that all persons involved in the project or renovation follow the	739
worker protection standards established under 29 C.F.R. 1926.62 by	740
the United States occupational safety and health administration.	741

Sec. 3742.071. A lead risk assessor licensed under section	742
3742.05 of the Revised Code shall certify in writing the precise	743
results of a lead risk assessment and options for reducing	744
identified lead hazards.	745

Sec. 3742.08.  (A)(1) The director of health shall conduct,	746
specify requirements by rule, or approve training programs for	747
licensure of lead inspectors, lead abatement contractors, lead	748
risk assessors, lead abatement project designers, and lead	749
abatement workers, and clearance technicians. In accordance with	750
Chapter 119. of the Revised Code, the director shall adopt rules	751
establishing all of the following:	752

(a) A system for accreditation of training programs and the	753
requirements for accreditation, including curriculum requirements,	754
hour requirements, hands-on training requirements, trainee	755
competency and proficiency requirements, and requirements for	756
quality control;	757

(b) Fees for application for approval of a training program	758
and for participating in any program conducted by the director;	759

(c) Any other requirements pertinent to the operation of a	760
training program.	761

(2) Each applicant for approval of a training program shall	762
submit a completed application to the director on a form the	763
director shall prescribe and provide. The director shall issue	764
evidence of approval to each applicant who meets the requirements	765
of division (A)(1) of this section and the criteria for approval	766
established by rule adopted under this section and pays the fee.	767

(B) The director shall administer examinations for licensure	768
under this chapter by conducting examinations, contracting	769
pursuant to section 3701.044 of the Revised Code for another	770
entity to conduct the examinations, or approving examinations. In	771
accordance with Chapter 119. of the Revised Code, the director	772
shall adopt rules specifying requirements for the administration	773
of licensing examinations. The rules shall include requirements	774
regarding the qualifications of examination administrators, fees	775
to cover the cost of conducting the examinations, and any other	776
requirements pertinent to the examinations.	777

If the director implements a system of approving	778
examinations, the rules shall include procedures and criteria for	779
approval and fees for the approval. Each applicant for approval	780
shall submit a completed application to the director on a form the	781
director shall prescribe and provide. The director shall issue	782
evidence of approval to each applicant who meets the criteria for	783
approval established in rules adopted under this division.	784

Sec. 3742.10.  (A) The director of health shall maintain a	785
list of both of the following:	786

(1) Lead inspectors, lead abatement contractors, lead risk	787
assessors, lead abatement project designers, and lead abatement	788
workers, and clearance technicians licensed under this chapter;	789

(2) Training programs approved under section 3742.08 of the	790
Revised Code.	791

(B) Information contained in any list maintained under this	792
section is a public record for the purposes of section 149.43 of	793
the Revised Code and is subject to inspection and copying under	794
section 1347.08 of the Revised Code.	795

Sec. 3742.14.  Any property owner or manager may, at any	796
time, may employ a lead inspector or lead risk assessor to conduct	797
ana lead inspection or an; a lead risk assessor to conduct a lead	798
risk assessment; or a clearance technician, lead inspector, or	799
lead risk assessor to conduct a clearance examination of a	800
structurethe property, and may provide a copy of the report based	801
on that inspection or, assessment, or examination to the director	802
of health pursuant to rules adopted by the public health council	803
under section 3742.03 of the Revised Code. The director shall	804
include the information in the record of the property pursuant to	805
division (A)(2)(b) of section 3742.04 of the Revised Code.	806

Sec. 3742.15.  Any person may file a complaint with the	807
director of health concerning a lead inspector, a lead abatement	808
contractor, a lead risk assessor, a lead abatement project	809
designer, a lead abatement worker, a clearance technician, a	810
clinical laboratory, an environmental lead analytical laboratory,	811
or a training course. The complainant's name shall be confidential	812
and shall not be released without histhe complainant's written	813
consent. The director may investigate the complaint and take	814
action under this chapter as hethe director considers	815
appropriate.	816

Sec. 3742.16.  In accordance with Chapter 119. of the Revised	817
Code, the director of health may refuse to issue or renew, or may	818
suspend or revoke, a license, an accreditation or certification,	819
or an approval of any person, program, or laboratory for one or	820
more of the following reasons:	821

(A) Violation of any provision of this chapter or the rules	822
adopted under it;	823

(B) Failure to pay the fee for the issuance or renewal of a	824
license, an accreditation or certification, or an approval;	825

(C) Any material misrepresentation in an application for a	826
license, an accreditation or certification, or an approval;	827

(D) Interference with an inspectioninvestigation made	828
pursuant to section 3742.12 or 3742.133742.35 of the Revised	829
Code;	830

(E) Failure to meet the licensing requirements established	831
by rule adopted under section 3742.03 of the Revised Code;	832

(F) Employment or use of lead abatement personnel that are	833
not licensed under this chapter.	834

Sec. 3742.161. The director of health may issue an immediate	835
cease work order to a person holding a license issued under	836
section 3742.05 of the Revised Code if the director determines	837
that the license holder is violating the terms or conditions of	838
the license in a manner that endangers or materially impairs the	839
health or well-being of an occupant of a residential unit, child	840
day-care facility, or school or a person employed to perform a	841
lead abatement.	842

Sec. 3742.17.  (A) Where any person is licensed by the	843
department of health to engage in lead abatement, lead inspection,	844
lead risk assessment, clearance examination, or any other activity	845
under this chapter, the liability of that person, when performing	846
the activity in accordance with procedures established pursuant to	847
state or federal law, for an injury to any individual or property	848
caused or related to the activity shall be limited to acts or	849
omissions of the person during the course of performing the	850
activity that can be shown, based on a preponderance of the	851
evidence, to have been negligent. For the purposes of this	852
section, the demonstration that acts or omissions of a person	853
performing lead abatement, lead inspection, lead risk assessment,	854
clearance examination, or other activities under this chapter were	855
in accordance with generally accepted practice and with procedures	856
established by state or federal law at the time the abatement,	857
inspection, assessment, examination, or other activity was	858
performed creates a rebuttable presumption that the acts or	859
omissions were not negligent.	860

(B) Where any person contracts with a person licensed as a	861
lead inspector, lead abatement contractor, lead risk assessor,	862
lead abatement project designer, or lead abatement worker, or	863
clearance technician the liability of that person for lead-related	864
injuries caused by histhe person's contractee in the performance	865
of lead abatement, lead inspection, lead risk assessment,	866
clearance examination, or other activities under this chapter	867
shall be limited to those lead-related injuries arising from acts	868
or omissions that the person knew, or could reasonably have been	869
expected to know, were not in accordance with generally accepted	870
practices or with procedures established by state or federal law	871
at the time the activity took place.	872

(C) Notwithstanding any other provisions of the Revised Code	873
or rules of a court to the contrary, this section governs all	874
claims for lead-related injuries to individuals or property	875
arising from lead abatement, lead inspection, lead risk	876
assessment, lead-safe renovation, clearance examination, or other	877
activities under this chapter.	878

Sec. 3742.18. (A) At the request of the director of health,	879
the attorney general may commence a civil action for civil	880
penalties and injunctive and other equitable relief against any	881
person who violates this chaptersection 3742.02, 3742.06, or	882
3742.07 of the Revised Code. The action shall be commenced in the	883
court of common pleas of the county in which the violation	884
occurred or is about to occur.	885

(B) The court shall grant injunctive and other equitable	886
relief on a showing that athe person has violated or is about to	887
violate this chaptersection 3742.02, 3742.06, or 3742.07 of the	888
Revised Code. On	889

(C) On a finding of a violation, the court shall assess a	890
civil penalty of not more than one thousand dollars. Each day a	891
violation continues is a separate violation. All civil penalties	892
collected by the court under this section shall be deposited into	893
the state treasury to the credit of the lead abatement personnel	894
licensing fund created under section 3742.19 of the Revised Code.	895

Sec. 3742.19.  Except for any licensing examination fee	896
collected and retained by an entity under contract pursuant to	897
division (B) of section 3742.08 of the Revised Code, all fees	898
collected under this chapter andsections 3742.01 to 3742.18 of	899
the Revised Code; any grant, contribution, or other moneys	900
received for the purposes of this chapterthose sections; and	901
fines collected under section 3742.99 of the Revised Code shall be	902
deposited into the state treasury to the credit of the lead	903
programabatement personnel licensing fund, which is hereby	904
created. The moneys in the fund shall be used solely for the	905
administration and enforcement of this chaptersections 3742.01 to	906
3742.18 of the Revised Code and the rules adopted under itthose	907
sections.	908

Sec. 3742.11.        Sec. 3742.31.  (A) The director of health shall	909
establish, promote, and maintain a child lead poisoning prevention	910
program. In accordance with rules adopted by the public health	911
council under section 3742.03 of the Revised Code, theThe program	912
shall provide statewide coordination of screening, diagnosis, and	913
treatment services for children under age six, including both of	914
the following:	915

(1) Collecting the social security numbers of all children	916
screened, diagnosed, or treated as part of the program's case	917
management system;	918

(2) Disclosing to the office of Ohio health plans in the	919
department of job and family services on at least an annual basis	920
the identity and lead screening test results of each child	921
screened pursuant to section 3701.61 of the Revised Code. The	922
director shall collect and disseminate information relating to	923
child lead poisoning and controlling lead abatementhazards.	924

(B) On or before the first day of March of each year, the	925
director of health shall submit a report of the activities of the	926
child lead poisoning prevention program to the governor and to	927
the members of the general assemblyThe director of health shall	928
operate the child lead poisoning prevention program in accordance	929
with rules adopted under section 3742.49 of the Revised Code. The	930
director may enter into an interagency agreement with one or more	931
other state agencies to perform one or more of the program's	932
duties. The director shall supervise and direct an agency's	933
performance of such a duty.	934

Sec. 3742.32. (A) The director of health shall appoint an	935
advisory council to assist in the ongoing development and	936
implementation of the child lead poisoning prevention program	937
created under section 3742.31 of the Revised Code. The advisory	938
council shall consist of the following members:	939

(1) A representative of the office of Ohio health plans in	940
the department of job and family services;	941

(2) A representative of the bureau of child care in the	942
department of job and family services;	943

(3) A representative of the department of environmental	944
protection;	945

(4) A representative of the department of education;

946

(5) A representative of the department of development;

947

(6) A representative of the Ohio apartment owner's	948
association;	949

(7) A representative of the Ohio help end lead poisoning	950
coalition;	951

(8) A representative of the Ohio environmental health	952
association.	953

(B) The advisory council shall do both of the following:

954

(1) Provide the director with advice regarding the policies	955
the child lead poisoning prevention program should emphasize,	956
preferred methods of financing the program, and any other matter	957
relevant to the program's operation;	958

(2) Submit a report of the state's activities to the	959
governor, president of the senate, and speaker of the house of	960
representatives on or before the first day of each March.	961

(C) The advisory council is not subject to sections 101.82	962
to 101.87 of the Revised Code.	963

Sec. 3742.13.        Sec. 3742.34. (A) As used in this section, "board	964
of health" means the board of health of a city or general health	965
district, or the authority having the duties of a board of health	966
in any city as authorized by section 3709.05 of the Revised Code.	967

(B) If the director of health determines that a board of	968
health can satisfactorily enforce section 3742.12sections 3742.35	969
to 3742.40 of the Revised Code, hethe director may delegate his	970
the authority to enforce that sectionthose sections to the board.	971
The director may revoke histhe delegation of authority at any	972
time by written notice delivered to the board of health by	973
certified mail.	974

Sec. 3742.12.        Sec. 3742.35. (A) TheWhen the director of health	975
or his authorized representative may at any reasonable time	976
request that an occupant, or, if the structure is not occupied,	977
the owner or manager, permit him to enter a structure where the	978
director suspects lead poisoning has occurred due to the report of	979
an elevated blood lead level of a child, and perform a lead	980
inspection in accordance with procedures established by rule	981
adopted under section 3742.03 of the Revised Code.	982

(B) If anya board of health authorized to enforce sections	983
3742.35 to 3742.40 of the Revised Code becomes aware that an	984
individual under six years of age has lead poisoning, the director	985
or board shall conduct an investigation to determine the source of	986
the lead poisoning. The director or board may conduct such an	987
investigation when the director or board becomes aware that an	988
individual six years of age or older has lead poisoning. The	989
director or board shall conduct the investigation in accordance	990
with rules adopted under section 3742.49 of the Revised Code.	991

In conducting the investigation, the director or board may	992
request permission to enter the residential unit, child day-care	993
facility, or school that the director or board reasonably suspects	994
to be the source of the lead poisoning. If the property is	995
occupied, the director or board shall ask the occupant for	996
permission. If the property is not occupied, the director or	997
board shall ask the property owner or manager for permission. If	998
the occupant, owner, or manager of a structure fails or refuses to	999
permit entry to the structure, the director or his authorized	1000
representativeboard may petition and obtain an order to inspect	1001
the structureproperty from the common pleasa court of competent	1002
jurisdiction in the county in which the structureproperty is	1003
located.	1004

(C) As part of an inspection under this sectionthe	1005
investigation, the director or his authorized representativeboard	1006
may review the records and reports, if any, maintained under	1007
section 3742.03 of the Revised Code by a lead inspector, lead	1008
abatement contractor, lead risk assessor, lead abatement project	1009
designer, or lead abatement worker, lead-safe renovator, or	1010
clearance technician.	1011

Sec. 3742.36.  When the director of health or an authorized	1012
board of health determines pursuant to an investigation conducted	1013
under section 3742.35 of the Revised Code that a residential unit,	1014
child day-care facility, or school is a possible source of a	1015
child's lead poisoning, the director or board shall conduct a risk	1016
assessment of that property in accordance with rules adopted under	1017
section 3742.49 of the Revised Code.	1018

Sec. 3742.37. (A) If the results of a risk assessment	1019
conducted under section 3742.36 of the Revised Code indicate that	1020
one or more lead hazards identified in a residential unit, child	1021
day-care facility, or school are contributing to a child's lead	1022
poisoning, the director of health or authorized board of health	1023
immediately shall issue an order to have each lead hazard in the	1024
property controlled. The areas of the unit, facility, or school	1025
that may be subject to the lead hazard control order include the	1026
following:	1027

(1) The interior and exterior surfaces and all common areas	1028
of the unit, facility, or school;	1029

(2) Every attached or unattached structure located within	1030
the same lot line as the unit, facility, or school, including	1031
garages, play equipment, and fences;	1032

(3) The lot or land that the unit, facility, or school	1033
occupies.	1034

(B) A lead hazard control order issued under this section	1035
shall be in writing and in the form the director shall prescribe.	1036
The director or board shall specify in the order each lead hazard	1037
to be controlled and the date by which the unit, facility, or	1038
school must pass a clearance examination demonstrating that each	1039
lead hazard has been sufficiently controlled. The director or	1040
board may include in the order a requirement that occupants of the	1041
unit, facility, or school whose health may be threatened vacate	1042
the unit, facility, or school until the unit, facility, or school	1043
passes the clearance examination.	1044

The director or board shall have the order delivered to the	1045
owner and manager of the unit, facility, or school. If the order	1046
applies to a residence, the director or board shall have a copy of	1047
the order delivered to the occupants of each unit or require that	1048
the owner or manager of the building deliver a copy of the order	1049
to the occupants of each unit. If the order applies to a child	1050
day-care facility or school, the director or board shall have a	1051
copy of the order delivered to the parent, guardian, or custodian	1052
of each child under six years of age who receives child day-care	1053
or education at the facility or school or require the owner or	1054
manager of the facility or school to have a copy of the order so	1055
delivered.	1056

Sec. 3742.38. The owner and manager of a residential unit,	1057
child day-care facility, or school that is subject to a lead	1058
hazard control order issued under section 3742.37 of the Revised	1059
Code shall cooperate with the director of health or board of	1060
health that issued the order in controlling each lead hazard	1061
specified in the order. The owner or manager shall choose a	1062
method of controlling each lead hazard that enables the	1063
residential unit, child day-care facility, or school to pass a	1064
clearance examination. The method chosen may be the owner or	1065
manager's personal preference, a proposal made by a person under	1066
contract with the owner or manager, or a recommendation that the	1067
director or board may provide. The owner or manager shall inform	1068
the director or board of the method that the owner or manager	1069
chooses to control each lead hazard.	1070

Sec. 3742.39. A residential unit, child day-care facility, or	1071
school remains subject to a lead hazard control order issued under	1072
section 3742.37 of the Revised Code until the unit, facility, or	1073
school passes a clearance examination. After the unit, facility,	1074
or school passes the clearance examination, the director of health	1075
or board of health that issued the order shall provide the owner	1076
and manager of the unit, facility, or school with information on	1077
methods of maintaining control of each lead hazard specified in	1078
the order. In the case of a residential unit in which an	1079
individual who is not the owner or manager resides, the director	1080
or board also shall provide the information to the individual	1081
residing in the unit.	1082

Sec. 3742.40. If the owner and manager of a residential unit,	1083
child day-care facility, or school fails or refuses for any reason	1084
to comply with a lead hazard control order issued under section	1085
3742.37 of the Revised Code, the director of health or board of	1086
health that issued the order shall issue an order prohibiting the	1087
owner and manager from permitting the unit, facility, or school	1088
to be used as a residential unit, child day-care facility, or	1089
school until the unit, facility, or school passes a clearance	1090
examination. On receipt of the order, the owner or manager shall	1091
take appropriate measures to notify each occupant, in the case of	1092
a residential unit, and the parent, guardian, or custodian of each	1093
child attending the facility or school, in the case of a child	1094
day-care facility or school, to vacate the unit, facility, or	1095
school until the unit, facility, or school passes a clearance	1096
examination. The director or board shall post a sign at the unit,	1097
facility, or school that warns the public that the unit, facility,	1098
or school has a lead hazard. The sign shall include a declaration	1099
that the unit, facility, or school is unsafe for human occupation,	1100
especially for children under six years of age and pregnant women.	1101
The director or board shall ensure that the sign remains posted at	1102
the unit, facility, or school and that the unit, facility, or	1103
school is not used as a residential unit, child day-care facility,	1104
or school until the unit, facility, or school passes a clearance	1105
examination.	1106

Sec. 3742.41.  (A) Except as provided in division (B) of	1107
this section, effective two years after the effective date of this	1108
section, no owner of a property constructed before January 1,	1109
1950, that is used as a residential unit, child day-care facility,	1110
or school shall fail to do, or have the manager of the unit,	1111
facility, or school do, all of the following essential maintenance	1112
practices for the control of lead hazards:	1113

(1) Use only safe work practices, which includes compliance	1114
with section 3742.44 of the Revised Code, to prevent the spread of	1115
lead-contaminated dust;	1116

(2) Perform visual examinations for deteriorated paint,	1117
underlying damage, and other conditions that may cause exposure to	1118
lead;	1119

(3) Promptly and safely repair deteriorated paint or other	1120
building components that may cause exposure to lead and eliminate	1121
the cause of the deterioration;	1122

(4) Ask tenants in a residential unit, and parents,	1123
guardians, and custodians of children in a child day-care facility	1124
or school, to report concerns about potential lead hazards by	1125
posting notices in conspicuous locations;	1126

(5) Perform specialized cleaning in accordance with section	1127
3742.45 of the Revised Code to control lead-contaminated dust;	1128

(6) Cover any bare soil on the property, except soil proven	1129
not to be lead-contaminated;	1130

(7) Maintain an affidavit of essential maintenance practices	1131
for at least three years that document all essential maintenance	1132
practices;	1133

(8) Successfully complete a training program approved under	1134
section 3742.47 of the Revised Code.	1135

(B) Division (A) of this section does not apply to any of	1136
the following:	1137

(1) The owner of a freestanding single-family home occupied	1138
by the owner;	1139

(2) The owner or manager of a residential unit designated	1140
for and used exclusively by senior citizens or disabled adults and	1141
only as a residence;	1142

(3) The owner or manager of a one-room residential unit	1143
designed for single-occupancy and used exclusively by an adult and	1144
only as a residence.	1145

(C) The areas of a residential unit, child day-care	1146
facility, or school that are subject to division (A) of this	1147
section include all of the following:	1148

(1) The interior and exterior surfaces and all common areas	1149
of the unit, facility, or school;	1150

(2) Every attached or unattached structure located within	1151
the same lot line as the unit, facility, or school that the owner	1152
or manager considers to be associated with the operation of the	1153
unit, facility, or school, including garages, play equipment, and	1154
fences;	1155

(3) The lot or land that the unit, facility, or school	1156
occupies.	1157

(D) The essential maintenance practices required by division	1158
(A) of this section shall not include a requirement for dust	1159
clearance testing.	1160

(E) A person who violates division (A) of this section is	1161
subject to section 3742.50 of the Revised Code.	1162

Sec. 3742.42. (A) A property constructed before January 1,	1163
1950, that is used as a residential unit, child day-care facility,	1164
or school shall be legally presumed not to contain a lead hazard	1165
and not be the source of the lead poisoning of an individual who	1166
resides in the unit or receives child day-care or education at the	1167
facility or school if the owner or manager of the unit, facility,	1168
or school successfully completes both of the following preventive	1169
treatments:	1170

(1) Follows the essential maintenance practices specified in	1171
division (A) of section 3742.41 of the Revised Code;	1172

(2) Covers all horizontal surfaces within the unit,	1173
facility, or school that are rough, pitted, or porous with a	1174
smooth, cleanable covering or coating, such as metal coil stock,	1175
plastic, polyurethane, carpet, or linoleum.	1176

(B) The owner or manager of a residential unit, child	1177
day-care facility, or school has successfully completed the	1178
preventive treatments specified in division (A) of this section if	1179
the unit, facility, or school passes a clearance examination in	1180
accordance with standards for passage established by rules adopted	1181
under section 3742.49 of the Revised Code.	1182

(C) The legal presumption established under this section is	1183
rebuttable in a court of law only on a showing of clear and	1184
convincing evidence to the contrary.	1185

Sec. 3742.43. A person who implements essential maintenance	1186
practices shall do all of the following in the area of the	1187
residential unit, child day-care facility, or school in which the	1188
essential maintenance practices are being performed:	1189

(A) Allow only persons performing the essential maintenance	1190
practices access to the area;	1191

(B) Cover the area with six mil polyethylene plastic or its	1192
equivalent;	1193

(C) Protect workers in a manner consistent with lead-safe	1194
renovation;	1195

(D) Protect occupants' belongings by covering or removing	1196
them from the area;	1197

(E) Wet down all painted surfaces before disturbing the	1198
surfaces;	1199

(F) Wet down debris before sweeping or vacuuming.

1200

Sec. 3742.44.  (A) The following activities shall be	1202
considered unsafe work practices due to the likelihood that	1203
engaging in the activities will create lead hazards, and in no	1204
event shall any person engage in the following activities when	1205
implementing essential maintenance practices or preventive	1206
treatments:	1207

(1) Open flame burning or torching;

1208

(2) Machine sanding or grinding without a HEPA local vacuum	1209
exhaust tool;	1210

(3) Abrasive blasting or sandblasting without a HEPA local	1211
vacuum exhaust tool;	1212

(4) Use of a heat gun operating above one thousand one	1213
hundred degrees fahrenheit;	1214

(5) Charring paint;

1215

(6) Dry sanding;

1216

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

1217

(a) In conjunction with a heat gun operating at no more than	1218
one thousand one hundred degrees fahrenheit;	1219

(b) Within one foot of an electrical outlet;

1220

(c) To treat defective paint spots totaling not more than	1221
two square feet in an interior room or space or twenty square feet	1222
on an exterior surface.	1223

(8) Uncontained hydroblasting or high-pressure washing;

1224

(9) Paint stripping in a poorly ventilated space using a	1225
volatile stripper that is considered a hazardous substance under	1226
16 C.F.R. 1500.3 or a hazardous chemical under 29 C.F.R. 1910.1200	1227
or 29 C.F.R. 1926.59 in the type of work being performed.	1228

(B) A person may engage in the following activities when	1229
performing essential maintenance practices or preventive	1230
treatments, but only if licensed under this chapter:	1231

(1) Machine sanding or grinding performed with a HEPA local	1232
vacuum exhaust tool;	1233

(2) Abrasive blasting or sandblasting performed with a HEPA	1234
local vacuum exhaust tool;	1235

(3) Hydroblasting or high-pressure washing if the activity	1236
is contained.	1237

Sec. 3742.45.  (A) Specialized cleaning methods used as	1238
essential maintenance practices or preventive treatments to	1239
control lead-contaminated dust may include any of the following:	1240

(1) Cleaning potentially lead-contaminated surfaces with a	1241
detergent;	1242

(2) Vacuuming potentially lead-contaminated surfaces with a	1243
HEPA vacuum;	1244

(3) Covering potentially lead-contaminated soil.

1245

(B) A person who uses or provides for others to use	1246
specialized cleaning methods as an essential maintenance practice	1247
or preventive treatment shall ensure that the cleaning is	1248
performed as follows:	1249

(1) The exterior of a residence or the common areas of a	1250
building with more than one residential unit must undergo	1251
specialized cleaning at least annually, including hallways,	1252
stairways, laundry rooms, recreational rooms, playgrounds,	1253
boundary fences, and other portions of the building and its	1254
surroundings that are generally accessible to all residents.	1255

(2) The interior of a residential unit that is vacated by	1256
its occupants must undergo specialized cleaning before it may be	1257
reoccupied.	1258

(3) A child day-care facility or school must undergo	1259
specialized cleaning at least annually at a time when children are	1260
not present at the facility or school.	1261

(4) A residential unit, child day-care facility, or school	1262
must undergo specialized cleaning on the completion of any	1263
maintenance or repair work that disturbs lead-contaminated dust.	1264

Sec. 3742.46.  Except as provided in division (B) of section	1265
3742.44 of the Revised Code, essential maintenance practices and	1266
lead-safe renovation need not be performed by an individual who is	1267
licensed as a lead abatement contractor, lead abatement worker, or	1268
lead-safe renovator under this chapter. Any person, other than a	1269
licensed lead abatement contractor or lead abatement worker, who	1270
performs or supervises essential maintenance practices must have	1271
successfully completed a not more than one-day training program in	1272
lead-safe renovation approved by the director of health under	1273
section 3742.47 of the Revised Code.	1274

Sec. 3742.47.  (A) A person seeking approval of a not more	1275
than one-day training program in lead-safe renovation shall apply	1276
for approval to the director of health. The application shall be	1277
made on a form prescribed by the director and shall include the	1278
fee established under division (B) of this section. The director	1279
shall issue approval to the applicant if the training program	1280
meets the following requirements and any requirements established	1281
by rules adopted under section 3742.49 of the Revised Code:	1282

(1) Administers an examination established by rule of the	1283
public health council at the end of the training program to each	1284
person who completes the training;	1285

(2) Grades each examination not later than one week after	1286
its completion and determines whether the person who took the	1287
examination received a passing score;	1288

(3) Not later than one week after the examination is	1289
completed provides written proof of course completion to each	1290
person who completes the program and passes the examination.	1291

(B) The director of health shall establish an application	1292
fee for approving not more than one-day training programs under	1293
this section. The fee shall be reasonable and shall not exceed the	1294
expenses incurred in conducting the approval of training programs.	1295
An application fee submitted under division (A) of this section is	1296
nonrefundable.	1297

Sec. 3742.48.  The director of health, in consultation with	1298
the individual authorized by the governor to act as the state	1299
historic preservation officer, shall develop recommendations for	1300
controlling lead hazards that take into consideration the historic	1301
nature of the property in which the hazards are located. The	1302
director shall provide periodic notifications of the	1303
recommendations to all persons licensed under this chapter. All	1304
lead hazard control orders issued under section 3742.37 of the	1305
Revised Code shall inform the recipient of the recommendations	1306
developed under this section.	1307

In no event shall a person use the recommendations as	1308
justification for refusing to comply with a lead hazard control	1309
order issued under section 3742.37 of the Revised Code.	1310

Sec. 3742.49.  (A) The public health council shall adopt	1311
rules in accordance with Chapter 119. of the Revised Code	1312
establishing all of the following:	1313

(1) Procedures necessary for the development and operation	1314
of the child lead poisoning prevention program established under	1315
section 3742.31 of the Revised Code;	1316

(2) Standards and procedures for conducting investigations	1317
and risk assessments under sections 3742.35 and 3742.36 of the	1318
Revised Code;	1319

(3) Standards and procedures for issuing lead hazard control	1320
orders under section 3742.37 of the Revised Code, including	1321
standards and procedures for determining appropriate deadlines for	1322
complying with lead hazard control orders;	1323

(4) The level of lead in human blood that is hazardous to	1324
human health, consistent with the guidelines issued by the centers	1325
for disease control and prevention in the public health service of	1326
the United States department of health and human services;	1327

(5) The level of lead in paint, dust, and soil that is	1328
hazardous to human health;	1329

(6) Standards and procedures to be followed when	1330
implementing essential maintenance practices or preventive	1331
treatments for the control of lead hazards pursuant to sections	1332
3742.41 and 3742.42 of the Revised Code that are based on	1333
information from the United States environmental protection	1334
agency, department of housing and urban development, occupational	1335
safety and health administration, or other agencies with	1336
recommendations or guidelines regarding implementation of	1337
essential maintenance practices or preventive treatments;	1338

(7) Standards that must be met to pass a clearance	1339
examination;	1340

(8) Procedures for approving under section 3742.47 of the	1341
Revised Code not more than one-day training programs in lead-safe	1342
renovation and requirements, in addition to those specified in	1343
section 3742.47 of the Revised Code, a program must meet to	1344
receive approval;	1345

(9) The examination to be administered by a training program	1346
approved under section 3742.47 of the Revised Code and the	1347
examination's passing score.	1348

(B) The public health council shall establish procedures for	1349
revising its rules to ensure that the child lead poisoning	1350
prevention activities conducted under this chapter continue to	1351
meet the requirements necessary to obtain any federal funding	1352
available for those activities, including requirements established	1353
by the United States environmental protection agency, United	1354
States department of housing and urban development, or any other	1355
federal agency with jurisdiction over activities pertaining to	1356
child lead poisoning prevention.	1357

Sec. 3742.50.  At the request of the director of health, the	1358
attorney general may commence a civil action for civil penalties	1359
and injunctive and other equitable relief against a person who	1360
violates division (A) of section 3742.41 of the Revised Code. The	1361
action shall be commenced in a court of competent jurisdiction in	1362
the county in which the violation occurred or is about to occur.	1363

The court shall grant injunctive and other equitable relief	1364
on a showing that the person has violated or is about to violate	1365
division (A) of section 3742.41 of the Revised Code. On a finding	1366
of a violation, the court shall assess a civil penalty of not more	1367
than one thousand dollars. Each day a violation continues is a	1368
separate violation, unless the court determines that the person is	1369
making a good faith effort to end the violation. All civil	1370
penalties collected by the court under this section shall be	1371
deposited into the state treasury to the credit of the lead	1372
poisoning prevention fund created under section 3742.51 of the	1373
Revised Code.	1374

Sec. 3742.51. (A) There is hereby created in the state	1375
treasury the lead poisoning prevention fund. The fund shall	1376
include all moneys appropriated to the department of health for	1377
the administration and enforcement of sections 3742.31 to 3742.50	1378
of the Revised Code and the rules adopted under those sections and	1379
all civil penalties awarded to the department of health under	1380
section 3742.50 of the Revised Code. Any grants, contributions, or	1381
other moneys collected by the department for purposes of	1382
preventing lead poisoning shall be deposited in the state treasury	1383
to the credit of the fund.	1384

(B) Moneys in the fund shall be used solely for the purposes	1385
of the child lead poisoning prevention program established under	1386
section 3742.31 of the Revised Code, including providing financial	1387
assistance to individuals who are unable to pay for the following:	1388

(1) Costs associated with obtaining lead tests and lead	1389
poisoning treatment for children under six years of age who are	1390
not covered by private medical insurance or are underinsured, are	1391
not eligible for the medicaid program established under Chapter	1392
5111. of the Revised Code or any other government health program,	1393
and do not have access to another source of funds to cover the	1394
cost of lead tests and any indicated treatments;	1395

(2) Costs associated with having essential maintenance	1396
practices, preventive treatments, or lead abatement performed.	1397

Sec. 3742.99.  (A) At the request of the director of health	1398
or a board of health, a prosecuting attorney, city director of	1399
law, village solicitor, or similar chief legal officer may	1400
commence a criminal action against any person who violates any	1401
provision of this chaptersection 3742.02, 3742.06, or 3742.07 of	1402
the Revised Code, any rule adopted under itthis chapter that is	1403
directly related to any of the provisions of those sections, or	1404
any order issued pursuant to this chapter that is directly related	1405
to any of the provisions of those sections.	1406

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

1407

(1) A fine of not more than one thousand dollars or	1408
imprisonment for not more than six months, or both, for a first	1409
offense;	1410

(2) A fine of at least one thousand but not more than five	1411
thousand dollars or imprisonment for at least six months but not	1412
more than three years, or both, for a second or subsequent	1413
offense. Each day of violation is a separate offense.	1414

Section 2.  That existing sections 3314.03, 3318.031,	1415
3742.01, 3742.02, 3742.03, 3742.04, 3742.05, 3742.06, 3742.07,	1416
3742.08, 3742.10, 3742.11, 3742.12, 3742.13, 3742.14, 3742.15,	1417
3742.16, 3742.17, 3742.18, 3742.19, and 3742.99 of the Revised	1418
Code are hereby repealed.	1419