SENATORS Hagan, Fingerhut, Prentiss, Wachtmann, DiDonato, Jordan, Mead

To amend sections 121.371, 3109.13, 3109.15, 3109.16,

1

3109.17, 3109.18, 3314.03, 3318.031, 3742.01 to

2

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

3

for the purpose of adopting new section numbers as

4

indicated in parentheses, sections 3742.11

5

(3742.31), 3742.12 (3742.35), and 3742.13

6

(3742.34); and to enact sections 3742.071, 3742.30,

7

3742.32, 3742.36 to 3742.51 of the Revised Code

8

with respect to the prevention of child lead

9

poisoning, the Wellness Block Grant Program, and

10

the Children's Trust Fund.

11

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

Section 1.  That sections 121.371, 3109.13, 3109.15, 3109.16,	12
3109.17, 3109.18, 3314.03, 3318.031, 3742.01, 3742.02, 3742.03,	13
3742.04, 3742.05, 3742.06, 3742.07, 3742.08, 3742.10, 3742.11,	14
3742.12, 3742.13, 3742.14, 3742.15, 3742.16, 3742.17, 3742.18,	15
3742.19, and 3742.99 be amended; sections 3742.11 (3742.31),	16
3742.12 (3742.35), and 3742.13 (3742.34) be amended for the	17
purpose of adopting new section numbers as indicated in	18
parentheses; and sections 3742.071, 3742.30, 3742.32, 3742.36,	19
3742.37, 3742.38, 3742.39, 3742.40, 3742.41, 3742.42, 3742.43,	20
3742.44, 3742.45, 3742.46, 3742.47, 3742.48, 3742.49, 3742.50,	21
and 3742.51 of the Revised Code be enacted to read as follows:	22

Sec. 121.371.  There is hereby created the wellness block	23
grant program. The Ohio family and children first cabinet council	24
shall oversee the program, and the children's trust fund board,	25
created by section 3109.15 of the Revised Code,department of job	26
and family services shall serve as the program's administrative	27
agent. The board and the cabinet council shall establish	28
guidelines for operating the wellness block grant program. A	29
representative of the family and children first cabinet council	30
and the chairperson of the children's trust fund board shall	31
resolve any disagreements concerning the duties of the council and	32
the board under this section.	33

The children's trust fund board may accept gifts, donations,	34
grants, or other moneys for the wellness block grant program from	35
any source. The board shall use the funds received to make block	36
grants to county family and children first councils. The amount	37
to be granted to each county council for the program shall be	38
determined by the board and the cabinet council. To cover	39
administrative expenses, the board may use in each state fiscal	40
year an amount not to exceed one per cent of the total amount	41
available for the program in that year.	42

County councils shall use the funds they receive through	43
wellness block grantsfor the program to fund community-based	44
programs of prevention services that address issues of broad	45
social concern, as determined by the cabinet council and the	46
board, and to fund state-directed training, evaluation, and	47
education programs pertaining to the issues being addressed. Each	48
county council shall submit to the board a program and fiscal plan	49
that outlines its proposal for expenditure of its block grant and	50
shall, after consulting with the board of county commissioners,	51
designate a fiscal agent to receive the block grant.	52

As requested by the board on behalf of the cabinet council,	53
each county council shall submit program and fiscal accountings	54
regarding the use of its block grant. The board and the cabinet	55
council shall establish criteria for assessing a county council's	56
progress in achieving the goals of the wellness block grant	57
program. If a county council does not operate in accordance with	58
the program guidelines and criteria established by the board and	59
the cabinet council, the board and the cabinet council may revise	60
the allocation of funds that the county council receives.	61

The board shall prepare an annual report detailing the	62
results of the program. The report shall be submitted to the	63
governor, the president and minority leader of the senate, and the	64
speaker and minority leader of the house of representatives.	65

Sec. 3109.13.  As used in sections 3109.13 to 3109.18 of the	66
Revised Code, child:	67

(A) "Child abuse and child neglect prevention programs"	68
means programs designed to prevent child abuse and child neglect,	69
including, but not limited to, any of the following:	70

(A) Public awareness programs that pertain to child abuse or	71
child neglect;	72

(B) Community-based, family-focused support services and	73
activities that do any of the following:	74

(1) Build parenting skills;

75

(2) Promote parental behaviors that lead to healthy and	76
positive personal development of parents and children;	77

(3) Promote individual, family, and community strengths;

78

(4) Provide information, education, or health activities	79
that promote the well-being of families and children.	80

(C) Programs that train and place volunteers in programs	81
that pertain to child abuse or child neglectthat use primary and	82
secondary prevention strategies that are conducted at the local	83
level and activities and projects of statewide significance	84
designed to strengthen families and prevent child abuse and child	85
neglect.	86

(B) "Primary prevention strategies" are activities and	87
services provided to the public designed to prevent or reduce the	88
prevalence of child abuse and child neglect before signs of abuse	89
or neglect can be observed.	90

(C) "Secondary prevention strategies" are activities and	91
services that are provided to a specific population identified as	92
having risk factors for child abuse and child neglect and are	93
designed to intervene at the earliest warning signs of child abuse	94
or child neglect, or whenever a child can be identified as being	95
at risk of abuse or neglect.	96

Sec. 3109.15.  There is hereby created within the department	97
of job and family services the children's trust fund board	98
consisting of fifteen members. The directors of alcohol and drug	99
addiction services, health, and job and family services shall be	100
members of the board. Eight public members shall be appointed by	101
the governor. These members shall be persons with demonstrated	102
knowledge in programs for children, shall be representative of the	103
demographic composition of this state, and, to the extent	104
practicable, shall be representative of the following categories:	105
the educational community; the legal community; the social work	106
community; the medical community; the voluntary sector; and	107
professional providers of child abuse and child neglect services.	108
Five of these members shall be residents of countiesmetropolitan	109
statistical areas as defined by the United States office of	110
management and budget where the population exceeds four hundred	111
thousand; no more than onetwo such membermembers shall be a	112
residentresidents of the same countymetropolitan statistical	113
area. Two members of the board shall be members of the house of	114
representatives appointed by the speaker of the house of	115
representatives and shall be members of two different political	116
parties. Two members of the board shall be members of the senate	117
appointed by the president of the senate and shall be members of	118
two different political parties. All members of the board	119
appointed by the speaker of the house of representatives or the	120
president of the senate shall serve until the expiration of the	121
sessions of the general assembly during which they were appointed.	122
They may be reappointed to an unlimited number of successive terms	123
of two years at the pleasure of the speaker of the house of	124
representatives or president of the senate. Public members shall	125
serve terms of three years. Each member shall serve until the	126
member's successor is appointed, or until a period of sixty days	127
has elapsed, whichever occurs first. No public member may serve	128
more than two consecutive full terms, regardless of whether such	129
terms were full or partial terms. All vacancies on the board	130
shall be filled for the balance of the unexpired term in the same	131
manner as the original appointment.	132

Any member of the board may be removed by the member's	133
appointing authority for misconduct, incompetency, or neglect of	134
duty after first being given the opportunity to be heard in the	135
member's own behalf. Pursuant to section 3.17 of the Revised	136
Code, a member, except a member of the general assembly or a judge	137
of any court in the state, who fails to attend at least	138
three-fifths of the regular and special meetings held by the board	139
during any two-year period forfeits the member's position on the	140
board.	141

Each member of the board shall serve without compensation but	142
shall be reimbursed for all actual and necessary expenses incurred	143
in the performance of official duties.	144

The speaker of the house of representatives and the president	145
of the senate shall jointly appoint the board chairperson from	146
among the legislative members of the board.At the beginning of	147
the first year of each even-numbered general assembly, the	148
chairperson of the board shall be appointed by the speaker of the	149
house of representatives from among members of the board who are	150
members of the house of representatives. At the beginning of the	151
first year of each odd-numbered general assembly, the chairperson	152
of the board shall be appointed by the president of the senate	153
from among the members of the board who are senate members.	154

The board shall biennially select a vice-chair from among its	155
nonlegislative members.	156

Sec. 3109.16.  The children's trust fund board, upon the	157
recommendation of the director of job and family services, shall	158
approve the employment of the staff thatan executive director	159
who will administer the programs of the board. The department of	160
job and family services shall provide budgetary, procurement,	161
accounting, and other related management functions for the board.	162
An amount not to exceed three per cent of the total amount of fees	163
deposited in the children's trust fund in each fiscal year may be	164
used for costs directly related to these administrative functions	165
of the department. Each fiscal year, the board shall approve a	166
budget for administrative expenditures for the next fiscal year.	167

The board shall meet at least quarterly at the call of the	168
chairperson to conduct its official business. All business	169
transactions of the board shall be conducted in public meetings.	170
Eight members of the board constitute a quorum. A majority of the	171
quorumboard members is required to approveadopt the state plan	172
for the allocation of funds from the children's trust fund. A	173
majority of the quorum is required to make all other decisions of	174
the board.	175

The board may apply for and accept federal and other funds	176
for the purpose of funding child abuse and child neglect	177
prevention programs. In addition, the board may accept gifts and	178
donations from any source, including individuals, philanthropic	179
foundations or organizations, corporations, or corporation	180
endowments. The acceptance and use of federal funds shall not	181
entail any commitment or pledge of state funds, nor obligate the	182
general assembly to continue the programs or activities for which	183
the federal funds are made available. All funds received in the	184
manner described in this section shall be transmitted to the	185
treasurer of state, who shall credit them to the children's trust	186
fund created in section 3109.14 of the Revised Code.	187

Sec. 3109.17.  (A) For each fiscal biennium, the children's	188
trust fund board shall establish a biennial state plan for	189
comprehensive child abuse and child neglect prevention. The plan	190
shall be transmitted to the governor, the president and minority	191
leader of the senate, and the speaker and minority leader of the	192
house of representatives and shall be made available to the	193
general public. The board shall include in the state plan the	194
definition of "effective public notice" specified in rules adopted	195
by the department of job and family services.	196

(B) In developing and carrying out the state plan, the	197
children's trust fund board shall, in accordance with Chapter 119.	198
of the Revised Code, do all of the following:	199

(1) Ensure that an opportunity exists for assistance through	200
child abuse and child neglect prevention programs to persons	201
throughout the state of various social and economic backgrounds;	202

(2) Before the thirtieth day of October of each year, notify	203
each child abuse and child neglect prevention advisory board of	204
the amount estimated to be block grantedallocated to that	205
advisory board for the following fiscal year.	206

(3) Develop criteria for county or district comprehensive	207
allocation plans, including criteria for determining the plans'	208
effectiveness;	209

(4) Review county or district comprehensive allocation	210
plans;	211

(5) Make a block grantAllocate funds to each child abuse and	212
child neglect prevention advisory board for the purpose of funding	213
child abuse and child neglect prevention programs. The block	214
grantsFunds shall be allocated among advisory boards according to	215
a formula based on the ratio of the number of children under age	216
eighteen in the county or multicounty district to the number of	217
children under age eighteen in the state, as shown in the most	218
recent federal decennial census of population. Subject to the	219
availability of funds, each advisory board shall receive a minimum	220
of ten thousand dollars per fiscal year. In the case of an	221
advisory board that serves a multicounty district, the advisory	222
board shall receive, subject to available funds, a minimum of ten	223
thousand dollars per fiscal year for each county in the district.	224
Block grantsFunds shall be disbursed to the advisory boards twice	225
annually. At least fifty per cent of the amount of the block	226
grantfunds allocated to an advisory board for a fiscal year shall	227
be disbursed to the advisory board not later than the thirtieth	228
day of September. The remainder of the block grantfunds	229
allocated to the advisory board for that fiscal year shall be	230
disbursed before the thirty-first day of March.	231

If the children's trust fund board determines, based on	232
county or district performance or on the annual report submitted	233
by an advisory board, that the advisory board is not operating in	234
accordance with the criteria established in division (B)(3) of	235
this section, it may revise the allocation of funds that the	236
advisory board receives.	237

The board shall specify the criteria child abuse and child	238
neglect prevention advisory boards are to use in reviewing	239
applications under division (F)(3) of section 3109.18 of the	240
Revised Code.	241

(6) Allocate funds to entities other than child abuse and	242
child neglect prevention advisory boards for the purpose of	243
funding child abuse and child neglect prevention programs approved	244
in the state plan;	245

(7) Provide for the monitoring of expenditures from the	246
children's trust fund and of programs that receive money from the	247
children's trust fund;	248

(7)(8) Establish reporting requirements for advisory boards;

249

(8)(9) Collaborate with appropriate persons and government	250
entities and facilitate the exchange of information among those	251
persons and entities for the purpose of child abuse and child	252
neglect prevention;	253

(9)(10) Provide for the education of the public and	254
professionals for the purpose of child abuse and child neglect	255
prevention.;	256

(11) Create and provide to each advisory board a children's	257
trust fund grant application form;	258

(12) Specify the information to be included in an annual	259
report completed by a recipient of a children's trust fund grant	260
under division (K)(1) of section 3109.18 of the Revised Code.	261

(C) The children's trust fund board shall prepare a report	262
for each fiscal biennium that evaluatesdelineates the expenditure	263
of money from the children's trust fund. On or before January 1,	264
2002, and on or before the first day of January of a year that	265
follows the end of a fiscal biennium of this state, the board	266
shall file a copy of the report with the governor, the president	267
and minority leader of the senate, and the speaker and minority	268
leader of the house of representatives.	269

(D) In addition to the duties described in this section and	270
in section 3109.16 of the Revised Code, the children's trust fund	271
board shall perform the duties described in section 121.371 of the	272
Revised Code with regard to the wellness block grant program.	273

Sec. 3109.18.  (A)(1) A board of county commissioners may	274
establish a child abuse and child neglect prevention advisory	275
board or may designate the county family and children first	276
council to serve as the child abuse and child neglect prevention	277
advisory board. The boards of county commissioners of two or more	278
contiguous counties may instead form a multicounty district to be	279
served by a child abuse and child neglect prevention advisory	280
board or may designate a regional family and children first	281
council to serve as the district child abuse and child neglect	282
prevention advisory board. Each advisory board shall meet at	283
least twice a year.	284

(2) The county auditor is hereby designated as the auditor	285
and fiscal officer of the advisory board. In the case of a	286
multicounty district, the boards of county commissioners that	287
formed the district shall designate the auditor of one of the	288
counties as the auditor and fiscal officer of the advisory board.	289

(B) Each county that establishes an advisory board or, in a	290
multicounty district, the county the auditor of which has been	291
designated as the auditor and fiscal agentofficer of the advisory	292
board, shall establish a fund in the county treasury known as the	293
county or district children's trust fund. The advisory board	294
shall deposit all funds received from the children's trust fund	295
board into that fund, and the auditor shall distribute money from	296
the fund at the request of the advisory board.	297

(C) Each January, the board of county commissioners of a	298
county that has established an advisory board or, in a multicounty	299
district, the board of county commissioners of the county the	300
auditor of which has been designated as the auditor and fiscal	301
agentofficer for the advisory board, shall appropriate the amount	302
described in division (B)(2) of section 3109.17 of the Revised	303
Code for distribution by the advisory board to child abuse and	304
child neglect prevention programs.	305

(D)(1) Except in the case of a county or regional family and	306
children first council that is designated to serve as a child	307
abuse and child neglect prevention advisory board, each advisory	308
board shall consist of an odd number of members from both the	309
public and private sectors, including all of the following:	310

(a) A representative of an agency responsible for the	311
administration of children's services in the county or district;	312

(b) A provider of alcohol or drug addiction services or a	313
representative of a board of alcohol, drug addiction, and mental	314
health services that serves the county or district;	315

(c) A provider of mental health services or a representative	316
of a board of alcohol, drug addiction, and mental health services	317
that serves the county or district;	318

(d) A representative of a board of mental retardation and	319
developmental disabilities that serves the county or district;	320

(e) A representative of the educational community appointed	321
by the superintendent of the school district with largest	322
enrollment in the county or multicounty district.	323

(2) The following groups and entities may be represented on	324
the advisory board:	325

(a) Parent groups;

326

(b) Juvenile justice officials;

327

(c) Pediatricians, health department nurses, and other	328
representatives of the medical community;	329

(d) School personnel;

330

(e) Counselors and social workers;

331

(f) Head start agencies;

332

(g) Child day-care providers;

333

(h) Other persons with demonstrated knowledge in programs	334
for children.	335

(3) Of the members first appointed, at least one shall serve	336
for a term of three years, at least one for a term of two years,	337
and at least one for a term of one year. Thereafter, each member	338
shall serve a term of three years. Each member shall serve until	339
the member's successor is appointed. All vacancies on the board	340
shall be filled for the balance of the unexpired term in the same	341
manner as the original appointment.	342

(E) Each board of county commissioners may incur reasonable	343
costs not to exceed five per cent of the block grantfunds	344
allocated to the county or district under section 3109.17 of the	345
Revised Code, for the purpose of carrying out the functions of the	346
advisory board.	347

(F) Each child abuse and child neglect prevention advisory	348
board shall do all of the following:	349

(1) Develop a comprehensive allocation plan for the purpose	350
of preventing child abuse and child neglect and submit the plan to	351
the children's trust fund board;	352

(2) NotifyProvide effective public notice, as defined in	353
rules adopted by the department of job and family services, to	354
potential applicants about the availability of funds from the	355
children's trust fund, including an estimate of the amount of	356
money available for grants within each county or district, the	357
date of at least one public hearing, information on obtaining a	358
copy of the grant application form, and the deadline for	359
submitting grant applications;	360

(3) Review all applications received using any criteria	361
developed by the child abuse and child neglect prevention advisory	362
boardspecified in the state plan adopted by the board under	363
section 3109.17 of the Revised Code;	364

(4) Consistent with the plan developed pursuant to division	365
(F)(1) of this section, make grants to child abuse and child	366
neglect prevention programs. In making grants to child abuse and	367
child neglect prevention programs, the advisory board may consider	368
factors such as need, geographic location, diversity, coordination	369
with or improvement of existing services, maintenance of local	370
funding efforts, and extensive use of volunteers.	371

(5) Establish reporting requirements for grant recipients.

372

(G) A member of a child abuse and child neglect prevention	373
advisory board shall not participate in the development of a	374
comprehensive allocation plan under division (F)(1) of this	375
section if it is reasonable to expect that the member's judgment	376
could be affected by the member's own financial, business,	377
property, or personal interest or other conflict of interest. For	378
purposes of this division, "conflict of interest" means the taking	379
of any action that violates any applicable provision of Chapter	380
102. or 2921. of the Revised Code. Questions relating to the	381
existence of a conflict of interest pertaining to Chapter 2921. of	382
the Revised Code shall be submitted by the advisory board to the	383
local prosecuting attorney for resolution. Questions relating to	384
the existence of a conflict of interest pertaining to Chapter 102.	385
of the Revised Code shall be submitted by the advisory board to	386
the Ohio ethics commission for resolution.	387

(H) Each advisory board shall assist the children's trust	388
fund board in monitoring programs that receive money from the	389
children's trust fund and shall perform such other duties for the	390
local administration of the children's trust fund as the	391
children's trust fund board requires.	392

(H)(I) A recipient of a grant from the children's trust fund	393
shall use the grant funds only to fund primary and secondary child	394
abuse and child neglect prevention programs. Any grant funds that	395
are not spent by the recipient of the funds within the time	396
specified by the terms of the grant shall be returned to the	397
county treasurer. Any grant funds returned that are not	398
redistributed by the advisory board within the time specified by	399
the terms of the original grantstate fiscal year in which they	400
are received shall be returned to the treasurer of state. The	401
treasurer of state shall deposit such unspent moneys into the	402
children's trust fund to be spent for purposes consistent with the	403
state plan adopted under section 3109.17 of the Revised Code.	404

(I)(J) Applications for grants from the children's trust	405
fund shall be made to the advisory board on forms prescribed by	406
the department of job and family serviceschildren's trust fund	407
board.	408

(J)(K)(1) Each recipient of a children's trust fund grant	409
from an advisory board shall file with the advisory board a copy	410
of an annual report that includes the information required by the	411
advisorychildren's trust fund board.	412

(2) Each advisory board shall file with the children's trust	413
fund board a copy of an annual report regarding the county or	414
district comprehensive allocation plan that contains the	415
information required by the children's trust fund board.	416

Sec. 3314.03.  (A) Each contract entered into under section	417
3314.02 of the Revised Code between a sponsor and the governing	418
authority of a community school shall specify the following:	419

(1) That the school shall be established as a nonprofit	420
corporation established under Chapter 1702. of the Revised Code;	421

(2) The education program of the school, including the	422
school's mission, the characteristics of the students the school	423
is expected to attract, the ages and grades of students, and the	424
focus of the curriculum;	425

(3) The academic goals to be achieved and the method of	426
measurement that will be used to determine progress toward those	427
goals, which shall include the statewide achievement tests;	428

(4) Performance standards by which the success of the school	429
will be evaluated by the sponsor;	430

(5) The admission standards of section 3314.06 of the	431
Revised Code;	432

(6) Dismissal procedures;

433

(7) The ways by which the school will achieve racial and	434
ethnic balance reflective of the community it serves;	435

(8) Requirements and procedures for financial audits by the	436
auditor of state. The contract shall require financial records of	437
the school to be maintained in the same manner as are financial	438
records of school districts, pursuant to rules of the auditor of	439
state, and the audits shall be conducted in accordance with	440
section 117.10 of the Revised Code.	441

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

442

(10) Qualifications of teachers, including a requirement	443
that the school's classroom teachers be licensed in accordance	444
with sections 3319.22 to 3319.31 of the Revised Code, except that	445
a community school may engage noncertificated persons to teach up	446
to twelve hours per week pursuant to section 3319.301 of the	447
Revised Code;	448

(11) That the school will comply with the following	449
requirements:	450

(a) The school will provide learning opportunities to a	451
minimum of twenty-five students for a minimum of nine hundred	452
twenty hours per school year;	453

(b) The governing authority will purchase liability	454
insurance, or otherwise provide for the potential liability of the	455
school;	456

(c) The school will be nonsectarian in its programs,	457
admission policies, employment practices, and all other	458
operations, and will not be operated by a sectarian school or	459
religious institution;	460

(d) The school will comply with divisions (A), (B), and (C)	461
of section 3301.0715 and sections 9.90, 9.91, 109.65, 121.22,	462
149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 3301.0711,	463
3301.0712, 3301.0714, 3313.50, 3313.643, 3313.66, 3313.661,	464
3313.662, 3313.67, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716,	465
3313.80, 3313.96, 3319.321, 3319.39, 3321.01, 3327.10, 4111.17,	466
and 4113.52 and Chapters 117., 1347., 2744., 3365., 3742., 4112.,	467
4123., 4141., and 4167. of the Revised Code as if it were a school	468
district;	469

(e) The school shall comply with Chapter 102. of the Revised	470
Code except that nothing in that chapter shall prohibit a member	471
of the school's governing board from also being an employee of the	472
school and nothing in that chapter or section 2921.42 of the	473
Revised Code shall prohibit a member of the school's governing	474
board from having an interest in a contract into which the	475
governing board enters;	476

(f) The school will comply with sections 3313.61 , 3313.611,	477
and 3313.614 of the Revised Code, except that the requirement in	478
sections 3313.61 and 3313.611 of the Revised Code that a person	479
must successfully complete the curriculum in any high school prior	480
to receiving a high school diploma may be met by completing the	481
curriculum adopted by the governing authority of the community	482
school rather than the curriculum specified in Title XXXIII of the	483
Revised Code or any rules of the state board of education;	484

(g) The school governing authority will submit an annual	485
report of its activities and progress in meeting the goals and	486
standards of divisions (A)(3) and (4) of this section and its	487
financial status to the sponsor, the parents of all students	488
enrolled in the school, and the legislative office of education	489
oversight. The school will collect and provide any data that the	490
legislative office of education oversight requests in furtherance	491
of any study or research that the general assembly requires the	492
office to conduct, including the studies required under Section	493
50.39 of Am. Sub. H.B. 215 of the 122nd general assembly and	494
Section 50.52.2 of Am. Sub. H.B. 215 of the 122nd general	495
assembly, as amended.	496

(12) Arrangements for providing health and other benefits to	497
employees;	498

(13) The length of the contract, which shall begin at the	499
beginning of an academic year and shall not exceed five years;	500

(14) The governing authority of the school, which shall be	501
responsible for carrying out the provisions of the contract;	502

(15) A financial plan detailing an estimated school budget	503
for each year of the period of the contract and specifying the	504
total estimated per pupil expenditure amount for each such year.	505
The plan shall specify for each year the base formula amount that	506
will be used for purposes of funding calculations under section	507
3314.08 of the Revised Code. This base formula amount for any	508
year shall not exceed the formula amount defined under section	509
3317.02 of the Revised Code. The plan may also specify for any	510
year a percentage figure to be used for reducing the per pupil	511
amount of disadvantaged pupil impact aid calculated pursuant to	512
section 3317.029 of the Revised Code the school is to receive that	513
year under section 3314.08 of the Revised Code.	514

(16) Requirements and procedures regarding the disposition	515
of employees of the school in the event the contract is terminated	516
or not renewed pursuant to section 3314.07 of the Revised Code;	517

(17) Whether the school is to be created by converting all	518
or part of an existing public school or is to be a new start-up	519
school, and if it is a converted public school, specification of	520
any duties or responsibilities of an employer that the board of	521
education that operated the school before conversion is delegating	522
to the governing board of the community school with respect to all	523
or any specified group of employees provided the delegation is not	524
prohibited by a collective bargaining agreement applicable to such	525
employees;	526

(18) Provisions establishing procedures for resolving	527
disputes or differences of opinion between the sponsor and the	528
governing authority of the community school;	529

(19) A provision requiring the governing authority to adopt	530
a policy regarding the admission of students who reside outside	531
the district in which the school is located. That policy shall	532
comply with the admissions procedures specified in section 3314.06	533
of the Revised Code and, at the sole discretion of the authority,	534
shall do one of the following:	535

(a) Prohibit the enrollment of students who reside outside	536
the district in which the school is located;	537

(b) Permit the enrollment of students who reside in	538
districts adjacent to the district in which the school is located;	539

(c) Permit the enrollment of students who reside in any	540
other district in the state.	541

(B) The community school shall also submit to the sponsor a	542
comprehensive plan for the school. The plan shall specify the	543
following:	544

(1) The process by which the governing authority of the	545
school will be selected in the future;	546

(2) The management and administration of the school;

547

(3) If the community school is a currently existing public	548
school, alternative arrangements for current public school	549
students who choose not to attend the school and teachers who	550
choose not to teach in the school after conversion;	551

(4) The instructional program and educational philosophy of	552
the school;	553

(5) Internal financial controls.

554

(C) A contract entered into under section 3314.02 of the	555
Revised Code between a sponsor and the governing authority of a	556
community school may provide for the community school governing	557
authority to make payments to the sponsor, which is hereby	558
authorized to receive such payments as set forth in the contract	559
between the governing authority and the sponsor.	560

Sec. 3318.031.  The Ohio school facilities commission shall	561
consider student and staff safety and health when reviewing design	562
plans for classroom facility construction projects proposed under	563
this chapter. After consulting with appropriate education,	564
health, and law enforcement personnel, the commission may require	565
as a condition of project approval under section 3318.03 of the	566
Revised Code such changes in the design plans as the commission	567
believes will advance or improve student and staff safety and	568
health in the proposed classroom facility.	569

To carry out its duties under this section, the commission	570
shall review and, if necessary, amend any construction and design	571
standards used in its project approval process, including	572
standards for location and number of exits, standards for lead	573
safety in classroom facilities constructed before 1978 in which	574
services are provided to children under six years of age, and	575
location of restrooms, with a focus on advancing student and staff	576
safety and health.	577

Sec. 3742.01.  As used in this chapter:

578

(A) "Board of health" means the board of health of a city or	579
general health district or the authority having the duties of a	580
board of health under section 3709.05 of the Revised Code.	581

(B) "Child day-care facility" means each area of any of the	582
following in which child day-care, as defined in section 5104.01	583
of the Revised Code, is provided to children under six years of	584
age:	585

(1) A child day-care center, type A family day-care home, or	586
type B family day-care home as defined in section 5104.01 of the	587
Revised Code;	588

(2) A type C family day-care home authorized to provide	589
child day-care by Sub. H.B. 62 of the 121st general assembly, as	590
amended by Am. Sub. S.B. 160 of the 121st general assembly and	591
Sub. H.B. 407 of the 123rd general assembly;	592

(3) A preschool program or school child program as defined	593
in section 3301.52 of the Revised Code.	594

(C) "Clearance examination" means an examination to determine	595
whether the lead hazards in a residential unit, child day-care	596
facility, or school have been sufficiently controlled. A	597
clearance examination includes a visual assessment, collection,	598
and analysis of environmental samples.	599

(D) "Clearance technician" means a person, other than a	600
licensed lead inspector or licensed lead risk assessor, who	601
performs a clearance examination.	602

(E) "Clinical laboratory" means a facility for the	603
biological, microbiological, seriologicalserological, chemical,	604
immunoheatologicalimmunohematological, hematological,	605
biophysical, cytological, pathological, or other examination of	606
substances derived from the human body for the purpose of	607
providing information for the diagnosis, prevention, or treatment	608
of any disease, or in the assessment or impairment of the health	609
of human beings. "Clinical laboratory" does not include a facility	610
that only collects or prepares specimens, or serves as a mailing	611
service, and does not perform testing.	612

(B)(F) "Encapsulation" means a method of abatement that	613
involves the coating and sealing of surfaces with durable surface	614
coating specifically formulated to be elastic, able to withstand	615
sharp and blunt impacts, long-lasting, and resilient, while also	616
resistant to cracking, peeling, algae, fungus, and ultraviolet	617
light, so as to prevent any part of lead-containing paint from	618
becoming part of house dust or otherwise accessible to children.	619

(C)(G) "Enclosure" means the resurfacing or covering of	620
surfaces with durable materials such as wallboard or paneling, and	621
the sealing or caulking of edges and joints, so as to prevent or	622
control chalking, flaking, peeling, scaling, or loose	623
lead-containing substances from becoming part of house dust or	624
otherwise accessible to children.	625

(D)(H) "Environmental lead analytical laboratory" means a	626
facility that analyzes air, dust, soil, water, paint, film, or	627
other substances, other than substances derived from the human	628
body, for the presence and concentration of lead.	629

(E)(I) "HEPA" means the designation given to a product,	630
device, or system that has been equipped with a high-efficiency	631
particulate air filter, which is a filter capable of removing	632
particles of 0.3 microns or larger from air at 99.97 per cent or	633
greater efficiency.	634

(J) "Interim controls" means a set of measures designed to	635
reduce temporarily human exposure or likely human exposure to lead	636
hazards. Interim controls include specialized cleaning, repairs,	637
painting, temporary containment, ongoing lead hazard maintenance	638
activities, and the establishment and operation of management and	639
resident education programs.	640

(K)(1) "Lead abatement" means a measure or set of measures,	641
including the following, designed and intended to eliminatefor	642
the single purpose of permanently eliminating lead hazards. "Lead	643
abatement" includes all of the following:	644

(1)(a) Removal, encapsulation, or enclosure of lead hazards	645
lead-based paint and lead-contaminated dust;	646

(2)(b) Permanent enclosure or encapsulation of lead-based	647
paint;	648

(c) Replacement of lead-contaminated surfaces or fixtures	649
painted with lead-based paint;	650

(3)(d) Removal or permanent covering of lead-contaminated	651
soil;	652

(4)(e) Preparation, cleanup, and disposal, and postabatement	653
activities associated with thelead abatement.	654

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

655

(a) Preventive treatments performed pursuant to section	656
3742.41 of the Revised Code;	657

(b) Implementation of interim controls;

658

(c) Activities performed by a property owner on a	659
residential unit to which both of the following apply:	660

(i) It is a freestanding single-family home used as the	661
property owner's private residence.	662

(ii) No child under six years of age who has lead poisoning	663
resides in the unit.	664

(F)(L) "Lead abatement contractor" means any individual who	665
engages in or intends to engage in lead abatement and employs or	666
supervises one or more lead abatement workers, including on-site	667
supervision of lead abatement projects, or prepares	668
specifications, plans, or documents for a lead abatement project.	669

(G)(M) "Lead abatement project" means one or more lead	670
abatement activities that are conducted by a lead abatement	671
contractor and are reasonably related to each other.	672

(H)(N) "Lead abatement project designer" means a person who	673
is responsible for designing lead abatement projects and preparing	674
a pre-abatement plan for all designed projects.	675

(I)(O) "Lead abatement worker" means an individual who is	676
responsible in a nonsupervisory capacity for the performance of	677
lead abatement.	678

(J)(P) "Lead-based paint" means any paint or other similar	679
surface-coating substance containing lead at or in excess of the	680
level that is hazardous to human health as established by rule of	681
the public health council in accordance withunder section 3742.03	682
3742.50 of the Revised Code.	683

(K)(Q) "Lead-contaminated dust" means dust in or on	684
structures that containcontains an area or mass concentration of	685
lead at or in excess of the level that is hazardous to human	686
health as established by rule of the public health council under	687
section 3742.033742.50 of the Revised Code.	688

(L)(R) "Lead-contaminated soil" means soil that contains lead	689
at or in excess of the level that is hazardous to human health as	690
established by rule of the public health council under section	691
3742.033742.50 of the Revised Code.	692

(M)(S) "Lead hazard" means material that mayis likely to	693
cause lead exposure and may endanger an individual's health as	694
determined by the public health council in rules adopted under	695
section 3742.033742.50 of the Revised Code. "Lead hazard"	696
includes lead-based paint, lead-contaminated dust,	697
lead-contaminated soil, and lead-contaminated water pipes.	698

(N)(T) "Lead inspection" means a surface-by-surface	699
investigation to determine the presence of lead-based paint and	700
the provision of a report explaining the results. The inspection	701
shall use a sampling or testing technique approved by the public	702
health council in rules adopted by the council under section	703
3742.03 of the Revised Code. A licensed lead inspector or	704
laboratory approved under section 3742.09 of the Revised Code	705
shall certify in writing the precise results of the inspection.	706

(O)(U) "Lead inspector" means any individual who conducts a	707
lead inspection, provides professional advice regarding a lead	708
inspection, or prepares a report explaining the results of a lead	709
inspection.	710

(P)(V) "Lead poisoning" means the level of lead in human	711
blood that is hazardous to human health, as specified in rules	712
adopted under section 3742.033742.50 of the Revised Code.	713

(Q)(W) "Lead risk assessment" means an on-site investigation	714
to determine and report the existence, nature, severity, and	715
location of lead-based paintlead hazards in structuresa	716
residential unit, child day-care facility, or school, including	717
information gathering from the unit, facility, or school's current	718
owner's knowledge regarding the age and painting history of the	719
structureunit, facility, or school and occupancy by children	720
under age six years of age, visual inspection, limited wipe	721
sampling or other environmental sampling techniques, and any other	722
activity as may be appropriate, and provision of a report	723
explaining the results of the investigation.	724

(R)(X) "Lead risk assessor" means a person who is responsible	725
for developing a written inspection, risk assessment, and analysis	726
plan; conducting inspections for lead-based paintlead hazards in	727
a structureresidential unit, child day-care facility, or school;	728
taking post-abatement soil and dust clearance samples and	729
evaluating the results; interpreting results of inspections and	730
risk assessments; identifying hazard control strategies to reduce	731
or eliminate lead exposures; and completing a risk assessment	732
report.	733

(S)(Y) "Lead-safe renovation" means the supervision or	734
performance of services for the general improvement of all or part	735
of an existing structure, including a residential unit, child	736
day-care facility, or school, when the services are supervised or	737
performed by a lead-safe renovator.	738

(Z) "Lead-safe renovator" means a person who has	739
successfully completed a training program in lead-safe renovation	740
approved under section 3742.47 of the Revised Code.	741

(AA) "Manager" means a person, who may be the same person as	742
the owner, responsible for the daily operation of a structure	743
residential unit, child day-care facility, or school.	744

(T)(BB) "Permanent" means an expected design life of at	745
least twenty years.	746

(CC) "Replacement" means a lead abatementan activity that	747
entails removing components such as windows, doors, and trim that	748
have lead-based paintlead hazards on their surfaces and	749
installing new or de-leaded components free of lead-based paint	750
lead hazards.	751

(U) "Structure" means any house, apartment, or building, used	752
as an individual's private residence or commonly used as a place	753
of education or child day-care center for children under six years	754
of age, including all of the following:	755

(1) The interior and exterior surfaces and all common areas	756
of the structure;	757

(2) Every attached or unattached structure located within	758
the same lot line, including garages, play equipment, and fences;	759

(3) The lot or land occupied by the structure(DD)	760
"Residential unit" means a dwelling or any part of a building	761
being used as an individual's private residence.	762

(EE) "School" means a public or nonpublic school in which	763
children under six years of age receive education.	764

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

765

(1) Violate any provision of this chapter or the rules	766
adopted pursuant to it;	767

(2) Apply or cause to be applied any lead-based paint on or	768
inside any structurea residential unit, child day-care facility,	769
or school, unless the public health council has determined by rule	770
under section 3742.033742.50 of the Revised Code that no suitable	771
substitute exists;	772

(3) Interfere with an inspectioninvestigation conducted by	773
the director of health or a board of health in accordance with	774
section 3742.11 or 3742.123742.35 of the Revised Code.	775

(B) No person shall knowingly authorize or employ anyan	776
individual to perform lead abatement on a structureresidential	777
unit, child day-care facility, or school unless thatthe	778
individual who will perform the lead abatement holds a valid	779
license issued under section 3742.05 of the Revised Code.	780

(C) Without an appropriate valid license issued under section	781
3742.05 of the Revised Code, noNo person shall do any of the	782
following when a residential unit, child day-care facility, or	783
school is involved:	784

(1) Perform a lead inspection or hold himself out as a lead	785
inspector without a valid lead inspector license issued under	786
section 3742.05 of the Revised Code;	787

(2) Perform a lead risk assessment,or provide professional	788
advice regarding lead abatement, or hold himself out as a lead	789
risk assessor without a valid lead risk assessor license issued	790
under section 3742.05 of the Revised Code;	791

(3) Act as a lead abatement contractor or hold himself out	792
as a lead abatement contractor without a valid lead abatement	793
contractor's license issued under section 3742.05 of the Revised	794
Code;	795

(4) Act as a lead abatement project designer or hold himself	796
out as a lead abatement project designer without a valid lead	797
abatement project designer license issued under section 3742.05 of	798
the Revised Code;	799

(5) Perform or hold himself out as providing lead abatement	800
without a valid lead abatement worker license issued under section	801
3742.05 of the Revised Code;	802

(6) Effective one year after the effective date of this	803
amendment, perform a clearance examination without a valid	804
clearance technician license issued under section 3742.05 of the	805
Revised Code, unless the person holds a valid lead inspector	806
license or valid lead risk assessor license issued under that	807
section;	808

(7) Perform lead training for the licensing purposes of this	809
chapter without a valid approval from the director of health under	810
section 3742.08 of the Revised Code;	811

(8) Perform interim controls without complying with 24 C.F.R.	812
Part 35.	813

(D) This section does not apply to any individual performing	814
lead abatement on a structure, or on the portion of the structure,	815
that is used as his private residence.	816

Sec. 3742.03.  The public health council shall adopt rules in	817
accordance with Chapter 119. of the Revised Code for the	818
administration and enforcement of this chaptersections 3742.01 to	819
3742.19 and 3742.99 of the Revised Code. The rules shall specify	820
all of the following:	821

(A) Procedures to be followed by any individuala lead	822
abatement contractor, lead abatement project designer, lead	823
abatement worker, lead inspector, or lead risk assessor licensed	824
under section 3742.05 of the Revised Code for undertaking lead	825
abatement activities and procedures to be followed by a clearance	826
technician, lead inspector, or lead risk assessor in performing a	827
clearance examination;	828

(B)(1) Requirements for training and licensure, in addition	829
to those established under section 3742.08 of the Revised Code, to	830
include levels of training and periodic refresher training for	831
each class of worker, and to be used for licensure under section	832
3742.05 of the Revised Code. TheseExcept in the case of clearance	833
technicians, these requirements shall include at least twenty-four	834
classroom hours of training based on the Occupational Safety and	835
Health Act training program for lead set forth in 29 C.F.R.	836
1926.62. For clearance technicians, the training requirements to	837
obtain an initial license shall not exceed six hours and the	838
requirements for refresher training shall not exceed two hours	839
every four years. In establishing the training and licensure	840
requirements, the public health council shall consider the core of	841
information that is needed by all licensed persons, and establish	842
the training requirements so that persons who would seek licenses	843
in more than one area would not have to take duplicative course	844
work.	845

(2) Persons certified by the American board of industrial	846
hygiene as a certified industrial hygienist or as an industrial	847
hygienist-in-training, and persons registered as a sanitarian or	848
sanitarian-in-training under Chapter 4736. of the Revised Code,	849
shall be exempt from any training requirements for initial	850
licensure established under this chapter, but shall be required to	851
take any examinations for licensure required under section 3742.05	852
of the Revised Code.	853

(C) Fees for licenses issued under section 3742.05 of the	854
Revised Code and for their renewal;	855

(D) Procedures to be followed by lead inspectors, lead	856
abatement contractors, environmental lead analytical laboratories,	857
lead risk assessors, lead abatement project designers, and lead	858
abatement workers to prevent public exposure to lead hazards and	859
ensure worker protection during lead abatement projects;	860

(E)(1) Record-keeping and reporting requirements for	861
clinical laboratories, environmental lead analytical laboratories,	862
lead inspectors, lead abatement contractors, lead risk assessors,	863
lead abatement project designers, and lead abatement workers for	864
lead abatement projects and record-keeping and reporting	865
requirements for clinical laboratories, environmental lead	866
analytical laboratories, and clearance technicians for clearance	867
examinations;	868

(2) Record-keeping and reporting requirements regarding lead	869
poisoning for physicians, in addition to the requirements of	870
section 3701.25 of the Revised Code;	871

(3) Information that is required to be reported under rules	872
based on divisions (E)(1) and (2) of this section and that is a	873
medical record is not a public record under section 149.43 of the	874
Revised Code and shall not be released, except in aggregate	875
statistical form.	876

(F) Procedures for inspections conducted by the director of	877
health or a board of health under section 3742.12 or 3742.13 of	878
the Revised Code;	879

(G) The level of lead in lead-based paint, lead-contaminated	880
dust, and lead-contaminated soil that is hazardous to human	881
health;	882

(H) The level of lead in human blood that is hazardous to	883
human health according to information obtained from the centers	884
for disease control and prevention in the public health service of	885
the United States department of health and human services;	886

(I) Environmental sampling techniques for use in collecting	887
samples of air, water, dust, paint, and other materials;	888

(J)(G) Requirements for a respiratory protection plan	889
prepared in accordance with section 3742.07 of the Revised Code;	890

(K)(H) Requirements under which a manufacturer of a lead	891
abatement system or productencapsulants must demonstrate evidence	892
of the safety and durability of its system or productencapsulants	893
by providing results of testing from an independent laboratory	894
indicating that the system or product meetsencapsulants meet the	895
standards developed for the particular system or product by the	896
E06.23 subcommittee"E06.23.30 task group on encapsulants," which	897
is the lead-paint abatementtask group of the lead hazards	898
associated with buildings subcommittee of the performance of	899
buildings committee of the American society for testing and	900
materials;	901

(L) Procedures to be followed by the public health council	902
in revising its rules to ensure that lead-hazard activities	903
meeting the provisions of this chapter continue to be eligible for	904
federal funding and meet the requirements promulgated by	905
regulation by the United States environmental protection agency,	906
the United States department of housing and urban development, and	907
other federal agencies that may have jurisdiction over lead	908
hazards;	909

(M) Any other requirements the council considers appropriate	910
for the administration or enforcement of this chapter.	911

Sec. 3742.04.  (A) The director of health shall do all of	912
the following:	913

(1) Administer and enforce the requirements of this chapter	914
sections 3742.01 to 3742.19 and 3742.99 of the Revised Code and	915
the rules adopted pursuant to itthose sections;	916

(2)(a) Conduct research and disseminate information on the	917
number, extent, and general geographic location of	918
lead-contaminated structures, which may include a statewide survey	919
and may include the establishment of a unit for the collection and	920
analysis of data on lead-hazard detection and lead-hazard	921
reduction activities, including the licensing, certification,	922
accreditation, approval, and enforcement activities under this	923
chapter;	924

(b) Update information and data collected or disseminated	925
under division (A)(2)(a) of this section to include the results of	926
an inspection or assessment conducted pursuant to section 3742.14	927
of the Revised Code, when a report based on that inspection is	928
provided to the director pursuant to rules adopted by the public	929
health council under section 3742.03 of the Revised Code.	930

(3) Examine records and reports submitted by lead	931
inspectors, lead abatement contractors, lead risk assessors, lead	932
abatement project designers, and lead abatement workers, and	933
clearance technicians in accordance with section 3742.05 of the	934
Revised Code to determine whether the requirements of this chapter	935
are being met;	936

(4)(3) Examine records and reports submitted by physicians,	937
clinical laboratories, and environmental lead analytical	938
laboratories under section 3701.25 or 3742.09 of the Revised Code;	939

(5)(4) Issue approval to manufacturers of lead abatement	940
systems or productsencapsulants that have done all of the	941
following:	942

(a) Submitted an application for approval to the director on	943
a form prescribed by the director;	944

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

945

(c) Submitted results from an independent laboratory	946
indicating that the manufacturer's system or product satisfies	947
encapsulants satisfy the requirements established in rules adopted	948
under division (K)(H) of section 3742.03 of the Revised Code;	949

(d) Complied with rules adopted by the public health council	950
regarding durability and safety to workers and residents.	951

(6)(5) Establish liaisons and cooperate with the directors	952
or agencies in states having lead abatement, licensing,	953
accreditation, certification, and approval programs to promote	954
consistency between the requirements of this chapter and those of	955
other states in order to facilitate reciprocity of the programs	956
among states;	957

(6) Establish a program to monitor and audit the quality of	958
work of lead inspectors, lead risk assessors, lead abatement	959
project designers, lead abatement contractors, lead abatement	960
workers, and clearance technicians. The director may refer	961
improper work discovered through the program to the attorney	962
general for appropriate action.	963

(B) In addition to any other authority granted by this	964
chapter, the director of health may do any of the following:	965

(1) Employ persons who have received training from a program	966
the director has determined provides the necessary background. The	967
appropriate training may be obtained in a state that has an	968
ongoing lead abatement program under which it conducts educational	969
programs.	970

(2) Conduct or cooperate with other state agencies to conduct	971
programs of public education on the nature and consequences of	972
lead hazards and on the need for lead-hazard reduction activities	973
to be conducted under careful supervision by licensed and	974
accredited personnel;	975

(3) Cooperate with the United States environmental	976
protection agency in any joint oversight procedures the agency may	977
propose for laboratories that offer lead analysis services and are	978
accredited under the agency's laboratory accreditation program;	979

(4)(3) Advise, consult, cooperate with, or enter into	980
contracts or cooperative agreements with any person, government	981
entity, interstate agency, or the federal government as the	982
director considers necessary to fulfill the requirements of this	983
chapter and the rules adopted under it.	984

Sec. 3742.05.  (A)(1) The director of health shall issue	985
lead inspector, lead abatement contractor, lead risk assessor,	986
lead abatement project designer, and lead abatement worker, and	987
clearance technician licenses. The director shall issue a license	988
to an applicant who meets all of the following requirements:	989

(a) Submits an application to the director on a form	990
prescribed by the director;	991

(b) Meets the licensing and training requirements	992
established by the public health council under section 3742.03 of	993
the Revised Code;	994

(c) Successfully completes the licensing examination for the	995
applicant's area of expertise administered under section 3742.08	996
of the Revised Code and any training required by the director	997
under that section;	998

(d) Pays the license fee established by the public health	999
council under section 3742.03 of the Revised Code;	1000

(e) Provides the applicant's social security number and any	1001
information the director may require to demonstrate the	1002
applicant's compliance with this chapter and the rules adopted	1003
under it.	1004

(2) An individual may hold more than one license issued	1005
under this divisionsection, but a separate application is	1006
required for each license.	1007

(B) A license issued under this section expires two years	1008
after the date of issuance. The director shall renew a license in	1009
accordance with the standard renewal procedure set forth in	1010
Chapter 4745. of the Revised Code, if the licensee does all of the	1011
following:	1012

(1) Continues to meet the requirements of division (A) of	1013
this section;	1014

(2) Demonstrates compliance with procedures to prevent	1015
public exposure to lead hazards and for worker protection during	1016
lead abatement projects established by rule adopted by the public	1017
health council under section 3742.03 of the Revised Code;	1018

(3) Meets the record-keeping and reporting requirements for	1019
lead abatement projects or clearance examinations established by	1020
rule adopted by the public health council under section 3742.03 of	1021
the Revised Code;	1022

(4) Pays the license renewal fee established by rule adopted	1023
by the public health council under section 3742.03 of the Revised	1024
Code.	1025

(C) An individual licensed, certified, or otherwise approved	1026
under the law of another state to perform functions substantially	1027
similar to those of a lead inspector, lead abatement contractor,	1028
lead risk assessor, lead abatement project designer, or lead	1029
abatement worker, or clearance technician may apply to the	1030
director of health for licensure in accordance with the procedures	1031
set forth in division (A) of this section. The director shall	1032
license an individual under this division on a determination that	1033
the standards for licensure, certification, or approval in that	1034
state are at least substantially equivalent to those established	1035
by this chapter and the rules adopted under it. The director may	1036
require an examination for licensure under this division.	1037

Sec. 3742.06. (A)All of the following apply to a	1038
residential unit, child day-care facility, or school:	1039

(A) No lead abatement contractor shall provide lead testing	1040
services or professional advice regarding lead abatement unless	1041
that service or advice is provided by a lead inspector or lead	1042
risk assessor who is licensed under section 3742.05 of the Revised	1043
Code and is employed by the lead abatement contractor.	1044

(B) No person shall provide advice on the need for lead	1045
abatement in a structure and then participate in thea lead	1046
abatement project on that structureresulting from that advice	1047
unless either of the following applies:	1048

(1) The person is employed as a member of the staff of the	1049
owner or manager of the structureproperty on which the lead	1050
abatement is to be performed;	1051

(2) A written contract for lead abatement is entered into	1052
that states both of the following:	1053

(a) The person was involved in the lead testing of the	1054
structure, or in the provision of professional advice, that led to	1055
the lead abatement contract;	1056

(b) The party contracting for lead abatement services should	1057
obtain a second opinion to verify any lead test results and assure	1058
that the proposed lead abatement or project design is appropriate.	1059

(C) No lead inspector, lead abatement contractor, lead risk	1060
assessor, or lead abatement project designer, or clearance	1061
technician shall use the services of an environmental lead	1062
analytical laboratory that has not been approved by the director	1063
of health under section 3742.09 of the Revised Code.	1064

(D) No lead abatement worker shall perform lead abatement	1065
without the on-site supervision of a licensed lead abatement	1066
contractor.	1067

(E) No person shall have lead-safe renovation performed in	1068
lieu of having lead abatement performed on a property at which a	1069
lead-poisoned child under six years of age has been identified.	1070

Sec. 3742.07. (A) Prior to engaging in any lead abatement	1071
project on a residential unit, child day-care facility, or school,	1072
the lead abatement contractor primarily responsible for the	1073
project shall do all of the following:	1074

(A)(1) Prepare a written respiratory protection plan that	1075
meets requirements established by rule adopted under section	1076
3742.03 of the Revised Code and make the plan available to the	1077
department of health and all lead abatement workers at the project	1078
site;	1079

(B)(2) Ensure that each lead abatement worker who is or will	1080
be involved in a lead abatement project has been examined by a	1081
licensed physician within the preceding calendar year and has been	1082
declared by himthe physician to be physically capable of working	1083
while wearing a respirator;	1084

(C)(3) Ensure that each employee or agent who will come in	1085
contact with lead hazards or will be responsible for a lead	1086
abatement project receives a license and appropriate training as	1087
required by this chapter before engaging in a lead abatement	1088
project;	1089

(D)(4) At least ten days prior to the commencement of a	1090
project, notify the department of health, on a form prescribed by	1091
the director of health, of the date a lead abatement project will	1092
commence.	1093

(B) During each lead abatement project, the lead abatement	1094
contractor primarily responsible for the project shall ensure	1095
that all persons involved in the project follow the worker	1096
protection standards established under 29 C.F.R. 1926.62 by the	1097
United States occupational safety and health administration.	1098

Sec. 3742.071. All of the following apply in the performance	1099
of activities by persons licensed under this chapter:	1100

(A) A lead risk assessor shall certify in writing the	1101
precise results of a lead risk assessment and options for reducing	1102
identified lead hazards.	1103

(B) A clearance technician may perform a clearance	1104
examination when the examination is in connection with activities	1105
other than a lead abatement project. A clearance examination	1106
performed in connection with a lead abatement project shall be	1107
performed only by a lead inspector or lead risk assessor.	1108

(C) The director of health may issue an immediate cease work	1109
order to a person licensed under this chapter if the director	1110
determines that the license holder is violating the terms or	1111
conditions of the license in a manner that endangers or materially	1112
impairs the health or well-being of an occupant of a residential	1113
unit, child day-care facility, or school or a person employed to	1114
perform lead abatement.	1115

Sec. 3742.08.  (A)(1) The director of health shall conduct,	1116
specify requirements by rule, or approve training programs for	1117
licensure of lead inspectors, lead abatement contractors, lead	1118
risk assessors, lead abatement project designers, and lead	1119
abatement workers, and clearance technicians. In accordance with	1120
Chapter 119. of the Revised Code, the director shall adopt rules	1121
establishing all of the following:	1122

(a) A system for accreditation of training programs and the	1123
requirements for accreditation, including curriculum requirements,	1124
hour requirements, hands-on training requirements, trainee	1125
competency and proficiency requirements, and requirements for	1126
quality control;	1127

(b) Fees for application for approval of a training program	1128
and for participating in any program conducted by the director;	1129

(c) Any other requirements pertinent to the operation of a	1130
training program.	1131

(2) Each applicant for approval of a training program shall	1132
submit a completed application to the director on a form the	1133
director shall prescribe and provide. The director shall issue	1134
evidence of approval to each applicant who meets the requirements	1135
of division (A)(1) of this section and the criteria for approval	1136
established by rule adopted under this section and pays the fee.	1137

(B) The director shall administer examinations for licensure	1138
under this chapter by conducting examinations, contracting	1139
pursuant to section 3701.044 of the Revised Code for another	1140
entity to conduct the examinations, or approving examinations. In	1141
accordance with Chapter 119. of the Revised Code, the director	1142
shall adopt rules specifying requirements for the administration	1143
of licensing examinations. The rules shall include requirements	1144
regarding the qualifications of examination administrators, fees	1145
to cover the cost of conducting the examinations, and any other	1146
requirements pertinent to the examinations.	1147

If the director implements a system of approving	1148
examinations, the rules shall include procedures and criteria for	1149
approval and fees for the approval. Each applicant for approval	1150
shall submit a completed application to the director on a form the	1151
director shall prescribe and provide. The director shall issue	1152
evidence of approval to each applicant who meets the criteria for	1153
approval established in rules adopted under this division.	1154

Sec. 3742.10.  (A) The director of health shall maintain a	1155
list of both of the following:	1156

(1) Lead inspectors, lead abatement contractors, lead risk	1157
assessors, lead abatement project designers, and lead abatement	1158
workers, and clearance technicians licensed under this chapter;	1159

(2) Training programs approved under section 3742.08 of the	1160
Revised Code.	1161

(B) Information contained in any list maintained under this	1162
section is a public record for the purposes of section 149.43 of	1163
the Revised Code and is subject to inspection and copying under	1164
section 1347.08 of the Revised Code.	1165

Sec. 3742.14.  Any property owner or manager may, at any	1166
time, may employ a lead inspector or lead risk assessor to conduct	1167
ana lead inspection or an; a lead risk assessor to conduct a lead	1168
risk assessment; or a clearance technician, lead inspector, or	1169
lead risk assessor to conduct a clearance examination of a	1170
structurethe property, and may provide a copy of the report based	1171
on that inspection or, assessment, or examination to the director	1172
of health pursuant to rules adopted by the public health council	1173
under section 3742.03 of the Revised Code. The director shall	1174
include the information in the record of the property pursuant to	1175
division (A)(2)(b) of section 3742.04 of the Revised Code.	1176

Sec. 3742.15.  Any person may file a complaint with the	1177
director of health concerning a lead inspector, a lead abatement	1178
contractor, a lead risk assessor, a lead abatement project	1179
designer, a lead abatement worker, a clearance technician, a	1180
clinical laboratory, an environmental lead analytical laboratory,	1181
or a training course. The complainant's name shall be confidential	1182
and shall not be released without histhe complainant's written	1183
consent. The director may investigate the complaint and take	1184
action under this chapter as hethe director considers	1185
appropriate.	1186

Sec. 3742.16.  In accordance with Chapter 119. of the Revised	1187
Code, the director of health may refuse to issue or renew, or may	1188
suspend or revoke, a license, an accreditation or certification,	1189
or an approval of any person, program, or laboratory for one or	1190
more of the following reasons:	1191

(A) Violation of any provision of this chapter or the rules	1192
adopted under it;	1193

(B) Failure to pay the fee for the issuance or renewal of a	1194
license, an accreditation or certification, or an approval;	1195

(C) Any material misrepresentation in an application for a	1196
license, an accreditation or certification, or an approval;	1197

(D) Interference with an inspectioninvestigation made	1198
pursuant to section 3742.12 or 3742.133742.35 of the Revised	1199
Code;	1200

(E) Failure to meet the licensing requirements established	1201
by rule adopted under section 3742.03 of the Revised Code;	1202

(F) Employment or use of lead abatement personnel that are	1203
not licensed under this chapter.	1204

Sec. 3742.17.  (A) Where any person is licensed by the	1205
department of health to engage in lead abatement, lead inspection,	1206
lead risk assessment, clearance examination, or any other activity	1207
under this chapter, the liability of that person, when performing	1208
the activity in accordance with procedures established pursuant to	1209
state or federal law, for an injury to any individual or property	1210
caused or related to the activity shall be limited to acts or	1211
omissions of the person during the course of performing the	1212
activity that can be shown, based on a preponderance of the	1213
evidence, to have been negligent. For the purposes of this	1214
section, the demonstration that acts or omissions of a person	1215
performing lead abatement, lead inspection, lead risk assessment,	1216
clearance examination, or other activities under this chapter were	1217
in accordance with generally accepted practice and with procedures	1218
established by state or federal law at the time the abatement,	1219
inspection, assessment, examination, or other activity was	1220
performed creates a rebuttable presumption that the acts or	1221
omissions were not negligent.	1222

(B) Where any person contracts with a person licensed as a	1223
lead inspector, lead abatement contractor, lead risk assessor,	1224
lead abatement project designer, or lead abatement worker, or	1225
clearance technician the liability of that person for lead-related	1226
injuries caused by histhe person's contractee in the performance	1227
of lead abatement, lead inspection, lead risk assessment,	1228
clearance examination, or other activities under this chapter	1229
shall be limited to those lead-related injuries arising from acts	1230
or omissions that the person knew, or could reasonably have been	1231
expected to know, were not in accordance with generally accepted	1232
practices or with procedures established by state or federal law	1233
at the time the activity took place.	1234

(C) Notwithstanding any other provisions of the Revised Code	1235
or rules of a court to the contrary, this section governs all	1236
claims for lead-related injuries to individuals or property	1237
arising from lead abatement, lead inspection, lead risk	1238
assessment, clearance examination, or other activities for which a	1239
license is required under this chapter.	1240

Sec. 3742.18. (A) At the request of the director of health,	1241
the attorney general may commence a civil action for civil	1242
penalties and injunctive and other equitable relief against any	1243
person who violates this chaptersection 3742.02, 3742.06, or	1244
3742.07 of the Revised Code. The action shall be commenced in the	1245
court of common pleas of the county in which the violation	1246
occurred or is about to occur.	1247

(B) The court shall grant injunctive and other equitable	1248
relief on a showing that athe person has violated or is about to	1249
violate this chaptersection 3742.02, 3742.06, or 3742.07 of the	1250
Revised Code. On	1251

(C) On a finding of a violation, the court shall assess a	1252
civil penalty of not more than one thousand dollars. Each day a	1253
violation continues is a separate violation. All civil penalties	1254
collected by the court under this section shall be deposited into	1255
the state treasury to the credit of the lead abatement personnel	1256
licensing fund created under section 3742.19 of the Revised Code.	1257

Sec. 3742.19.  Except for any licensing examination fee	1258
collected and retained by an entity under contract pursuant to	1259
division (B) of section 3742.08 of the Revised Code, all fees	1260
collected under this chapter andsections 3742.01 to 3742.18 of	1261
the Revised Code; any grant, contribution, or other moneys	1262
received for the purposes of this chapterthose sections; and	1263
fines collected under section 3742.99 of the Revised Code shall be	1264
deposited into the state treasury to the credit of the lead	1265
programabatement personnel licensing fund, which is hereby	1266
created. The moneys in the fund shall be used solely for the	1267
administration and enforcement of this chaptersections 3742.01 to	1268
3742.18 of the Revised Code and the rules adopted under itthose	1269
sections.	1270

Sec. 3742.30. Each child at risk of lead poisoning shall	1271
undergo a blood lead screening test to determine whether the child	1272
has lead poisoning. The at-risk children shall undergo the test	1273
at times determined by rules the public health council shall adopt	1274
in accordance with Chapter 119. of the Revised Code that are	1275
consistent with the guidelines established by the centers for	1276
disease control and prevention in the public health service of the	1277
United States department of health and human services. The rules	1278
shall specify which children are at risk of lead poisoning.	1279

Neither this section nor the rules adopted under it affect	1280
the coverage of blood lead screening tests by any publicly funded	1281
health program, including the medicaid program established by	1282
Chapter 5111. of the Revised Code. Neither this section nor the	1283
rules adopted under it apply to a child if a parent of the child	1284
objects to the test on the grounds that the test conflicts with	1285
the parent's religious tenets and practices.	1286

Sec. 3742.11.        Sec. 3742.31.  (A) The director of health shall	1287
establish, promote, and maintain a child lead poisoning prevention	1288
program. In accordance with rules adopted by the public health	1289
council under section 3742.03 of the Revised Code, theThe program	1290
shall provide statewide coordination of screening, diagnosis, and	1291
treatment services for children under age six, including both of	1292
the following:	1293

(1) Collecting the social security numbers of all children	1294
screened, diagnosed, or treated as part of the program's case	1295
management system;	1296

(2) Disclosing to the office of Ohio health plans in the	1297
department of job and family services on at least an annual basis	1298
the identity and lead screening test results of each child	1299
screened pursuant to section 3742.30 of the Revised Code. The	1300
director shall collect and disseminate information relating to	1301
child lead poisoning and controlling lead abatementhazards.	1302

(B) On or before the first day of March of each year, the	1303
director of health shall submit a report of the activities of the	1304
child lead poisoning prevention program to the governor and to	1305
the members of the general assemblyThe director of health shall	1306
operate the child lead poisoning prevention program in accordance	1307
with rules adopted under section 3742.50 of the Revised Code. The	1308
director may enter into an interagency agreement with one or more	1309
other state agencies to perform one or more of the program's	1310
duties. The director shall supervise and direct an agency's	1311
performance of such a duty.	1312

Sec. 3742.32. (A) The director of health shall appoint an	1313
advisory council to assist in the ongoing development and	1314
implementation of the child lead poisoning prevention program	1315
created under section 3742.31 of the Revised Code. The advisory	1316
council shall consist of the following members:	1317

(1) A representative of the office of Ohio health plans in	1318
the department of job and family services;	1319

(2) A representative of the bureau of child care in the	1320
department of job and family services;	1321

(3) A representative of the department of environmental	1322
protection;	1323

(4) A representative of the department of education;

1324

(5) A representative of the department of development;

1325

(6) A representative of the Ohio apartment owner's	1326
association;	1327

(7) A representative of the Ohio help end lead poisoning	1328
coalition;	1329

(8) A representative of the Ohio environmental health	1330
association;	1331

(9) An Ohio representative of the national paint and	1332
coatings association.	1333

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

1334

(1) Provide the director with advice regarding the policies	1335
the child lead poisoning prevention program should emphasize,	1336
preferred methods of financing the program, and any other matter	1337
relevant to the program's operation;	1338

(2) Submit a report of the state's activities to the	1339
governor, president of the senate, and speaker of the house of	1340
representatives on or before the first day of March each year.	1341

(C) The advisory council is not subject to sections 101.82	1342
to 101.87 of the Revised Code.	1343

Sec. 3742.13.        Sec. 3742.34. (A) As used in this section, "board	1344
of health" means the board of health of a city or general health	1345
district, or the authority having the duties of a board of health	1346
in any city as authorized by section 3709.05 of the Revised Code.	1347

(B) If the director of health determines that a board of	1348
health can satisfactorily enforce section 3742.12sections 3742.35	1349
to 3742.40 of the Revised Code, hethe director may delegate his	1350
the authority to enforce that sectionthose sections to the board.	1351
The director may revoke histhe delegation of authority at any	1352
time by written notice delivered to the board of health by	1353
certified mail.	1354

Sec. 3742.12.        Sec. 3742.35. (A) TheWhen the director of health	1355
or his authorized representative may at any reasonable time	1356
request that an occupant, or, if the structure is not occupied,	1357
the owner or manager, permit him to enter a structure where the	1358
director suspects lead poisoning has occurred due to the report of	1359
an elevated blood lead level of a child, and perform a lead	1360
inspection in accordance with procedures established by rule	1361
adopted under section 3742.03 of the Revised Code.	1362

(B) If anya board of health authorized to enforce sections	1363
3742.35 to 3742.40 of the Revised Code becomes aware that an	1364
individual under six years of age has lead poisoning, the director	1365
or board shall conduct an investigation to determine the source of	1366
the lead poisoning. The director or board may conduct such an	1367
investigation when the director or board becomes aware that an	1368
individual six years of age or older has lead poisoning. The	1369
director or board shall conduct the investigation in accordance	1370
with rules adopted under section 3742.50 of the Revised Code.	1371

In conducting the investigation, the director or board may	1372
request permission to enter the residential unit, child day-care	1373
facility, or school that the director or board reasonably suspects	1374
to be the source of the lead poisoning. If the property is	1375
occupied, the director or board shall ask the occupant for	1376
permission. If the property is not occupied, the director or	1377
board shall ask the property owner or manager for permission. If	1378
the occupant, owner, or manager of a structure fails or refuses to	1379
permit entry to the structure, the director or his authorized	1380
representativeboard may petition and obtain an order to inspect	1381
enter the structureproperty from the common pleasa court of	1382
competent jurisdiction in the county in which the structure	1383
property is located.	1384

(C) As part of an inspection under this sectionthe	1385
investigation, the director or his authorized representativeboard	1386
may review the records and reports, if any, maintained under	1387
section 3742.03 of the Revised Code by a lead inspector, lead	1388
abatement contractor, lead risk assessor, lead abatement project	1389
designer, or lead abatement worker, or clearance technician.	1390

Sec. 3742.36.  When the director of health or an authorized	1391
board of health determines pursuant to an investigation conducted	1392
under section 3742.35 of the Revised Code that a residential unit,	1393
child day-care facility, or school is a possible source of the	1394
child's lead poisoning, the director or board shall conduct a risk	1395
assessment of that property in accordance with rules adopted under	1396
section 3742.50 of the Revised Code.	1397

Sec. 3742.37. (A) If the results of a risk assessment	1398
conducted under section 3742.36 of the Revised Code indicate that	1399
one or more lead hazards identified in a residential unit, child	1400
day-care facility, or school are contributing to a child's lead	1401
poisoning, the director of health or authorized board of health	1402
immediately shall issue an order to have each lead hazard in the	1403
property controlled. The areas of the unit, facility, or school	1404
that may be subject to the lead hazard control order include the	1405
following:	1406

(1) The interior and exterior surfaces and all common areas	1407
of the unit, facility, or school;	1408

(2) Every attached or unattached structure located within	1409
the same lot line as the unit, facility, or school, including	1410
garages, play equipment, and fences;	1411

(3) The lot or land that the unit, facility, or school	1412
occupies.	1413

(B) A lead hazard control order issued under this section	1414
shall be in writing and in the form the director shall prescribe.	1415
The director or board shall specify in the order each lead hazard	1416
to be controlled and the date by which the unit, facility, or	1417
school must pass a clearance examination demonstrating that each	1418
lead hazard has been sufficiently controlled. The director or	1419
board may include in the order a requirement that occupants of the	1420
unit, facility, or school whose health may be threatened vacate	1421
the unit, facility, or school until the unit, facility, or school	1422
passes the clearance examination.	1423

The director or board shall have the order delivered to the	1424
owner and manager of the unit, facility, or school. If the order	1425
applies to a building in which there is more than one residential	1426
unit, the director or board shall have a copy of the order	1427
delivered to the occupants of each unit or require that the owner	1428
or manager of the building deliver a copy of the order to the	1429
occupants of each unit. If the order applies to a child day-care	1430
facility or school, the director or board shall have a copy of the	1431
order delivered to the parent, guardian, or custodian of each	1432
child under six years of age who receives child day-care or	1433
education at the facility or school or require the owner or	1434
manager of the facility or school to have a copy of the order so	1435
delivered.	1436

Sec. 3742.38. The owner and manager of a residential unit,	1437
child day-care facility, or school that is subject to a lead	1438
hazard control order issued under section 3742.37 of the Revised	1439
Code shall cooperate with the director of health or board of	1440
health that issued the order in controlling each lead hazard	1441
specified in the order. The owner or manager shall choose a	1442
method of controlling each lead hazard that enables the	1443
residential unit, child day-care facility, or school to pass a	1444
clearance examination. The method chosen may be the owner or	1445
manager's personal preference, a proposal made by a person under	1446
contract with the owner or manager, or a recommendation that the	1447
director or board may provide. The owner or manager shall inform	1448
the director or board of the method that the owner or manager	1449
chooses to control each lead hazard.	1450

Sec. 3742.39. A residential unit, child day-care facility, or	1451
school remains subject to a lead hazard control order issued under	1452
section 3742.37 of the Revised Code until the unit, facility, or	1453
school passes a clearance examination. After the unit, facility,	1454
or school passes the clearance examination, the director of health	1455
or board of health that issued the order shall provide the owner	1456
and manager of the unit, facility, or school with information on	1457
methods of maintaining control of each lead hazard specified in	1458
the order. In the case of a residential unit in which an	1459
individual who is not the owner or manager resides, the director	1460
or board also shall provide the information to the individual	1461
residing in the unit.	1462

Sec. 3742.40. If the owner and manager of a residential unit,	1463
child day-care facility, or school fails or refuses for any reason	1464
to comply with a lead hazard control order issued under section	1465
3742.37 of the Revised Code, the director of health or board of	1466
health that issued the order shall issue an order prohibiting the	1467
owner and manager from permitting the unit, facility, or school	1468
to be used as a residential unit, child day-care facility, or	1469
school until the unit, facility, or school passes a clearance	1470
examination. On receipt of the order, the owner or manager shall	1471
take appropriate measures to notify each occupant, in the case of	1472
a residential unit, and the parent, guardian, or custodian of each	1473
child attending the facility or school, in the case of a child	1474
day-care facility or school, to vacate the unit, facility, or	1475
school until the unit, facility, or school passes a clearance	1476
examination. The director or board shall post a sign at the unit,	1477
facility, or school that warns the public that the unit, facility,	1478
or school has a lead hazard. The sign shall include a declaration	1479
that the unit, facility, or school is unsafe for human occupation,	1480
especially for children under six years of age and pregnant women.	1481
The director or board shall ensure that the sign remains posted at	1482
the unit, facility, or school and that the unit, facility, or	1483
school is not used as a residential unit, child day-care facility,	1484
or school until the unit, facility, or school passes a clearance	1485
examination.	1486

Sec. 3742.41. (A) A property constructed before January 1,	1487
1950, that is used as a residential unit, child day-care facility,	1488
or school shall be legally presumed not to contain a lead hazard	1489
and not to be the source of the lead poisoning of an individual	1490
who resides in the unit or receives child day-care or education at	1491
the facility or school if the owner or manager of the unit,	1492
facility, or school successfully completes both of the following	1493
preventive treatments:	1494

(1) Follows the essential maintenance practices specified in	1495
section 3742.42 of the Revised Code for the control of lead	1496
hazards;	1497

(2) Covers all rough, pitted, or porous horizontal surfaces	1498
of the inhabited or occupied areas within the unit, facility, or	1499
school with a smooth, cleanable covering or coating, such as	1500
metal coil stock, plastic, polyurethane, carpet, or linoleum.	1501

(B) The owner or manager of a residential unit, child	1502
day-care facility, or school has successfully completed the	1503
preventive treatments specified in division (A) of this section if	1504
the unit, facility, or school passes a clearance examination in	1505
accordance with standards for passage established by rules adopted	1506
under section 3742.49 of the Revised Code.	1507

(C) The legal presumption established under this section is	1508
rebuttable in a court of law only on a showing of clear and	1509
convincing evidence to the contrary.	1510

Sec. 3742.42.  (A) In completing the essential maintenance	1511
practices portion of the preventive treatments specified in	1512
section 3742.41 of the Revised Code, the owner or manager of a	1513
residential unit, child day-care facility, or school shall do all	1514
of the following:	1515

(1) Use only safe work practices, which include compliance	1516
with section 3742.44 of the Revised Code, to prevent the spread of	1517
lead-contaminated dust;	1518

(2) Perform visual examinations for deteriorated paint,	1519
underlying damage, and other conditions that may cause exposure to	1520
lead;	1521

(3) Promptly and safely repair deteriorated paint or other	1522
building components that may cause exposure to lead and eliminate	1523
the cause of the deterioration;	1524

(4) Ask tenants in a residential unit, and parents,	1525
guardians, and custodians of children in a child day-care facility	1526
or school, to report concerns about potential lead hazards by	1527
providing written notices to the tenants or parents, guardians,	1528
and custodians or by posting notices in conspicuous locations;	1529

(5) Perform specialized cleaning in accordance with section	1530
3742.45 of the Revised Code to control lead-contaminated dust;	1531

(6) Cover any bare soil on the property, except soil proven	1532
not to be lead-contaminated;	1533

(7) Maintain a record of essential maintenance practices for	1534
at least three years that documents all essential maintenance	1535
practices;	1536

(8) Successfully complete a training program in essential	1537
maintenance practices that has been approved under section 3742.47	1538
of the Revised Code.	1539

(B) The areas of a residential unit, child day-care	1540
facility, or school that are subject to division (A) of this	1541
section include all of the following:	1542

(1) The interior surfaces and all common areas of the unit,	1543
facility, or school;	1544

(2) Every attached or unattached structure located within	1545
the same lot line as the unit, facility, or school that the owner	1546
or manager considers to be associated with the operation of the	1547
unit, facility, or school, including garages, play equipment, and	1548
fences;	1549

(3) The lot or land that the unit, facility, or school	1550
occupies.	1551

Sec. 3742.43. A person who implements the essential	1552
maintenance practices portion of the preventive treatments	1553
specified in section 3742.41 of the Revised Code shall do all of	1554
the following in the area of the residential unit, child day-care	1555
facility, or school in which the essential maintenance practices	1556
are being performed:	1557

(A) Allow only persons performing the essential maintenance	1558
practices access to the area;	1559

(B) Cover the area with six mil polyethylene plastic or its	1560
equivalent;	1561

(C) Protect workers in a manner consistent with the	1562
requirements a lead abatement contractor must meet pursuant to	1563
division (B) of section 3742.07 of the Revised Code;	1564

(D) Protect occupants' belongings by covering or removing	1565
them from the area;	1566

(E) Wet down all painted surfaces before disturbing the	1567
surfaces;	1568

(F) Wet down debris before sweeping or vacuuming.

1569

Sec. 3742.44.  (A) The following activities shall be	1571
considered unsafe work practices due to the likelihood that	1572
engaging in the activities will create lead hazards, and in no	1573
event shall any person engage in the following activities when	1574
implementing the essential maintenance practices portion of the	1575
preventive treatments specified in section 3742.41 of the Revised	1576
Code:	1577

(1) Open flame burning or torching;

1578

(2) Machine sanding or grinding without a HEPA local vacuum	1579
exhaust tool;	1580

(3) Abrasive blasting or sandblasting without a HEPA local	1581
vacuum exhaust tool;	1582

(4) Use of a heat gun operating above one thousand one	1583
hundred degrees fahrenheit;	1584

(5) Charring paint;

1585

(6) Dry sanding;

1586

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

1587

(a) In conjunction with a heat gun operating at not more	1588
than one thousand one hundred degrees fahrenheit;	1589

(b) Within one foot of an electrical outlet;

1590

(c) To treat defective paint spots totaling not more than	1591
two square feet in an interior room or space or twenty square feet	1592
on an exterior surface.	1593

(8) Uncontained hydroblasting or high-pressure washing;

1594

(9) Paint stripping in a poorly ventilated space using a	1595
volatile stripper that is considered a hazardous substance under	1596
16 C.F.R. 1500.3 or a hazardous chemical under 29 C.F.R. 1910.1200	1597
or 29 C.F.R. 1926.59 in the type of work being performed.	1598

(B) A person may engage in the following activities when	1599
implementing the essential maintenance practices portion of the	1600
preventive treatments specified in section 3742.41 of the Revised	1601
Code, but only if licensed under this chapter or trained in	1602
essential maintenance practices as required by this chapter:	1603

(1) Machine sanding or grinding performed with a HEPA local	1604
vacuum exhaust tool;	1605

(2) Abrasive blasting or sandblasting performed with a HEPA	1606
local vacuum exhaust tool;	1607

(3) Hydroblasting or high-pressure washing if the activity	1608
is contained.	1609

Sec. 3742.45.  (A) Specialized cleaning methods used to	1610
control lead-contaminated dust when implementing the essential	1611
maintenance practices portion of the preventive treatments	1612
specified in section 3742.41 of the Revised Code may include any	1613
of the following:	1614

(1) Cleaning potentially lead-contaminated surfaces with a	1615
detergent;	1616

(2) Vacuuming potentially lead-contaminated surfaces with a	1617
HEPA vacuum;	1618

(3) Covering potentially lead-contaminated soil.

1619

(B) A person who uses or provides for others to use the	1620
specialized cleaning methods specified in division (A) of this	1621
section shall ensure that the cleaning is performed as follows:	1622

(1) The common areas of a building with more than one	1623
residential unit must undergo specialized cleaning at least	1624
annually, including hallways, stairways, laundry rooms,	1625
recreational rooms, playgrounds, boundary fences, and other	1626
portions of the building and its surroundings that are generally	1627
accessible to all residents.	1628

(2) The interior of a residential unit that is vacated by	1629
its occupants must undergo specialized cleaning before it may be	1630
reoccupied.	1631

(3) A child day-care facility or school must undergo	1632
specialized cleaning at least annually at a time when children are	1633
not present at the facility or school.	1634

(4) In a residential unit, child day-care facility, or	1635
school, on completion of any maintenance or repair work that	1636
disturbs surfaces suspected or known to be painted with lead-based	1637
paint, the maintenance or repair work area must undergo	1638
specialized cleaning if the area of the disturbed surfaces	1639
suspected or known to be painted with lead-based paint totals more	1640
than one of the following:	1641

(a) Twenty square feet or two square meters on exterior	1642
surfaces;	1643

(b) Two square feet or two-tenths of one square meter in	1644
any one interior room or space;	1645

(c) Ten per cent of the total surface area on an interior	1646
or exterior component with a small surface area, such as window	1647
sills, baseboards, and trim.	1648

Sec. 3742.46. The essential maintenance practices portion of	1649
the preventive treatments specified in section 3742.41 of the	1650
Revised Code need not be performed by an individual who is	1651
licensed under this chapter as a lead abatement contractor or lead	1652
abatement worker. Effective two years after the effective date of	1653
this section, any individual, other than a licensed lead abatement	1654
contractor or lead abatement worker, who performs the essential	1655
maintenance practices must have successfully completed a	1656
training program in essential maintenance practices that has been	1657
approved by the director of health under section 3742.47 of the	1658
Revised Code.	1659

Sec. 3742.47.  (A) A person seeking approval of a training	1660
program in either essential maintenance practices or lead-safe	1661
renovation shall apply for approval to the director of health. The	1662
application shall be made on a form prescribed by the director and	1663
shall include the fee established under division (B) of this	1664
section. The director shall issue approval to the applicant if	1665
the applicant demonstrates to the satisfaction of the director	1666
that the training program will meet the following requirements and	1667
any other training program requirements established by rules	1668
adopted under section 3742.50 of the Revised Code:	1669

(1) Conducts the training program in a period of time that	1670
does not exceed six hours;	1671

(2) Administers an examination established by rule of the	1672
public health council at the end of the training program to each	1673
person who completes the training;	1674

(3) Grades each examination not later than one week after	1675
its completion and determines whether the person who took the	1676
examination received a passing score;	1677

(4) Not later than one week after the examination is	1678
completed provides written proof of training program completion to	1679
each person who completes the program and passes the examination.	1680

(B) The director of health shall establish an application	1681
fee for approving training programs under this section. The fee	1682
shall be reasonable and shall not exceed the expenses incurred in	1683
conducting the approval of training programs. An application fee	1684
submitted under division (A) of this section is nonrefundable.	1685

Sec. 3742.48. Any person who supervises or performs services	1686
for the general improvement of all or part of an existing	1687
structure, including a residential unit, child day-care facility,	1688
or school, may undertake a training program in lead-safe	1689
renovation approved under section 3742.47 of the Revised Code.	1690
After successfully completing the program, the person may	1691
represent to the public that the services are being supervised or	1692
performed by a lead-safe renovator. Regardless of whether a	1693
training program in lead-safe renovation has been completed, the	1694
person is not subject to licensure under this chapter solely for	1695
supervising or performing services for the general improvement of	1696
all or part of an existing structure.	1697

Sec. 3742.49.  The director of health, in consultation with	1698
the individual authorized by the governor to act as the state	1699
historic preservation officer, shall develop recommendations for	1700
controlling lead hazards that take into consideration the historic	1701
nature of the property in which the hazards are located. The	1702
director shall provide periodic notifications of the	1703
recommendations to all persons licensed under this chapter. All	1704
lead hazard control orders issued under section 3742.37 of the	1705
Revised Code shall inform the recipient of the recommendations	1706
developed under this section.	1707

In no event shall a person use the recommendations as	1708
justification for refusing to comply with a lead hazard control	1709
order issued under section 3742.37 of the Revised Code.	1710

Sec. 3742.50.  (A) The public health council shall adopt	1711
rules in accordance with Chapter 119. of the Revised Code	1712
establishing all of the following:	1713

(1) Procedures necessary for the development and operation	1714
of the child lead poisoning prevention program established under	1715
section 3742.31 of the Revised Code;	1716

(2) Standards and procedures for conducting investigations	1717
and risk assessments under sections 3742.35 and 3742.36 of the	1718
Revised Code;	1719

(3) Standards and procedures for issuing lead hazard control	1720
orders under section 3742.37 of the Revised Code, including	1721
standards and procedures for determining appropriate deadlines for	1722
complying with lead hazard control orders;	1723

(4) The level of lead in human blood that is hazardous to	1724
human health, consistent with the guidelines issued by the centers	1725
for disease control and prevention in the public health service of	1726
the United States department of health and human services;	1727

(5) The level of lead in paint, dust, and soil that is	1728
hazardous to human health;	1729

(6) Standards and procedures to be followed when	1730
implementing preventive treatments for the control of lead hazards	1731
pursuant to section 3742.41 of the Revised Code that are based on	1732
information from the United States environmental protection	1733
agency, department of housing and urban development, occupational	1734
safety and health administration, or other agencies with	1735
recommendations or guidelines regarding implementation of	1736
preventive treatments;	1737

(7) Standards that must be met to pass a clearance	1738
examination;	1739

(8) Procedures for approving under section 3742.47 of the	1740
Revised Code training programs in essential maintenance practices	1741
and lead-safe renovation and requirements, in addition to those	1742
specified in section 3742.47 of the Revised Code, that a program	1743
must meet to receive approval;	1744

(9) The examination to be administered by a training program	1745
approved under section 3742.47 of the Revised Code and the	1746
examination's passing score.	1747

(B) The public health council shall establish procedures for	1748
revising its rules to ensure that the child lead poisoning	1749
prevention activities conducted under this chapter continue to	1750
meet the requirements necessary to obtain any federal funding	1751
available for those activities, including requirements established	1752
by the United States environmental protection agency, United	1753
States department of housing and urban development, or any other	1754
federal agency with jurisdiction over activities pertaining to	1755
child lead poisoning prevention.	1756

Sec. 3742.51. (A) There is hereby created in the state	1757
treasury the lead poisoning prevention fund. The fund shall	1758
include all moneys appropriated to the department of health for	1759
the administration and enforcement of sections 3742.31 to 3742.50	1760
of the Revised Code and the rules adopted under those sections.	1761
Any grants, contributions, or other moneys collected by the	1762
department for purposes of preventing lead poisoning shall be	1763
deposited in the state treasury to the credit of the fund.	1764

(B) Moneys in the fund shall be used solely for the purposes	1765
of the child lead poisoning prevention program established under	1766
section 3742.31 of the Revised Code, including providing financial	1767
assistance to individuals who are unable to pay for the following:	1768

(1) Costs associated with obtaining lead tests and lead	1769
poisoning treatment for children under six years of age who are	1770
not covered by private medical insurance or are underinsured, are	1771
not eligible for the medicaid program established under Chapter	1772
5111. of the Revised Code or any other government health program,	1773
and do not have access to another source of funds to cover the	1774
cost of lead tests and any indicated treatments;	1775

(2) Costs associated with having lead abatement performed or	1776
having the preventive treatments specified in section 3742.41 of	1777
the Revised Code performed.	1778

Sec. 3742.99.  (A) At the request of the director of health	1779
or a board of health, a prosecuting attorney, city director of	1780
law, village solicitor, or similar chief legal officer may	1781
commence a criminal action against any person who violates any	1782
provision of this chaptersection 3742.02, 3742.06, or 3742.07 of	1783
the Revised Code, any rule adopted under itthis chapter that is	1784
directly related to any of the provisions of those sections, or	1785
any order issued pursuant to this chapter that is directly related	1786
to any of the provisions of those sections.	1787

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

1788

(1) A fine of not more than one thousand dollars or	1789
imprisonment for not more than six months, or both, for a first	1790
offense;	1791

(2) A fine of at least one thousand but not more than five	1792
thousand dollars or imprisonment for at least six months but not	1793
more than three years, or both, for a second or subsequent	1794
offense. Each day of violation is a separate offense.	1795

Section 2.  That existing sections 121.371, 3109.13, 3109.15,	1796
3109.16, 3107.17, 3109.18, 3314.03, 3318.031, 3742.01, 3742.02,	1797
3742.03, 3742.04, 3742.05, 3742.06, 3742.07, 3742.08, 3742.10,	1798
3742.11, 3742.12, 3742.13, 3742.14, 3742.15, 3742.16, 3742.17,	1799
3742.18, 3742.19, and 3742.99 of the Revised Code are hereby	1800
repealed.	1801