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 |
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 |
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 |
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 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 |
(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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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)(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 |
(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 |
(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 |
(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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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. 3742.08. (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 |
(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 |
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. 3742.17. (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 |
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 |
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 |
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 |
(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. 3742.12. 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 |
(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) 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 |
(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 |
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 |
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 |
(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 |
(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 |
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 |
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 |