As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 501

Representative Harris 

Cosponsors: Representatives Weddington, Murray, Foley, Domenick, Newcomb, Hagan, Skindell 

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A BILL

To amend sections 3742.01, 3742.02, 3742.03, 3742.04,

1

3742.05, 3742.06, 3742.07, 3742.071, 3742.08,

2

3742.09, 3742.10, 3742.15, 3742.16, 3742.17,

3

3742.18, 3742.19, 3742.35, 3742.38, 3742.41,

4

3742.42, 3742.44, 3742.45, 3742.49, 3742.50,

5

3742.51, and 3742.99, to enact section 3742.55,

6

and to repeal sections 3742.43, 3742.46, 3742.47,

7

and 3742.48 of the Revised Code regarding lead

8

abatement and lead-safe renovation.

9

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

Section 1. That sections 3742.01, 3742.02, 3742.03, 3742.04,	10
3742.05, 3742.06, 3742.07, 3742.071, 3742.08, 3742.09, 3742.10,	11
3742.15, 3742.16, 3742.17, 3742.18, 3742.19, 3742.35, 3742.38,	12
3742.41, 3742.42, 3742.44, 3742.45, 3742.49, 3742.50, 3742.51, and	13
3742.99 be amended and section 3742.55 of the Revised Code be	14
enacted to read as follows:	15

Sec. 3742.01.  As used in this chapter:

16

(A) "Board of health" means the board of health of a city or	17
general health district or the authority having the duties of a	18
board of health under section 3709.05 of the Revised Code.	19

(B) "Business entity" means a partnership, firm, association,	20
corporation, limited liability company, sole proprietorship, or	21
other business concern.	22

(C) "Child care facility" means each area of anyeither of	23
the following in which child care, as defined in section 5104.01	24
of the Revised Code, is provided to children under six years of	25
age:	26

(1) A child day-care center, type A family day-care home, or	27
type B family day-care home as defined in section 5104.01 of the	28
Revised Code;	29

(2) A type C family day-care home authorized to provide child	30
care by Sub. H.B. 62 of the 121st general assembly, as amended by	31
Am. Sub. S.B. 160 of the 121st general assembly and Sub. H.B. 407	32
of the 123rd general assembly;	33

(3) A preschool program or school child program as defined in	34
section 3301.52 of the Revised Code.	35

(C)(D) "Clearance examination" means an examination to	36
determine whether the lead hazards in a residential unit, child	37
care facility, or school have been sufficiently controlled. A	38
clearance examination includes a visual assessment, collection,	39
and analysis of environmental samples.	40

(D)(E) "Clearance technician" means a person, other than a	41
licensed lead inspector or licensed lead risk assessor,an	42
individual who performs a clearance examination for activities	43
that are not lead abatement.	44

(E)(F) "Clinical laboratory" means a facility for the	45
biological, microbiological, serological, chemical,	46
immunohematological, hematological, biophysical, cytological,	47
pathological, or other examination of substances derived from the	48
human body for the purpose of providing information for the	49
diagnosis, prevention, or treatment of any disease, or in the	50
assessment or impairment of the health of human beings. "Clinical	51
laboratory" does not include a facility that only collects or	52
prepares specimens, or serves as a mailing service, and does not	53
perform testing.	54

(F)(G) "Encapsulation" means the coating and sealing of	55
surfaces with durable surface coating specifically formulated to	56
be elastic, able to withstand sharp and blunt impacts,	57
long-lasting, and resilient, while also resistant to cracking,	58
peeling, algae, fungus, and ultraviolet light, so as to prevent	59
any part of lead-containing paint from becoming part of house dust	60
or otherwise accessible to children.	61

(G)(H) "Enclosure" means the resurfacing or covering of	62
surfaces with durable materials such as wallboard or paneling, and	63
the sealing or caulking of edges and joints, so as to prevent or	64
control chalking, flaking, peeling, scaling, or loose	65
lead-containing substances from becoming part of house dust or	66
otherwise accessible to children.	67

(H)(I) "Environmental lead analytical laboratory" means a	68
facility that analyzes air, dust, soil, water, paint, film, or	69
other substances, other than substances derived from the human	70
body, for the presence and concentration of lead.	71

(I)(J) "Government entity" means the state or any of its	72
political subdivisions or any agency or instrumentality of either.	73

(K) "HEPA filter" means the designation given to a product,	74
device, or system that has been equipped with a high-efficiency	75
particulate air filter, which is a filter capable of removing	76
capturing particles of 0.3 microns or larger from air at 99.97 per	77
cent or greater efficiency.	78

(J)(L) "HEPA vacuum" means a vacuum cleaner that is designed	79
with a HEPA filter as the last filtration stage and designed so	80
that all air drawn into the vacuum cleaner is expelled through the	81
HEPA filter with no air leaking past the filter.	82

(M) "Interim controls" means a set of measures designed to	83
reduce temporarily human exposure or likely human exposure to lead	84
hazards. Interim controls include specialized cleaning, repairs,	85
painting, temporary containment, ongoing lead hazard maintenance	86
activities, and the establishment and operation of management and	87
resident education programs.	88

(K)(N)(1) "Lead abatement" means a measure or set of measures	89
designed for the single purpose of permanently eliminating lead	90
hazards. "Lead abatement" includes all of the following:	91

(a) Removal of lead-based paint and lead-contaminated dust;

92

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

93

(c) Replacement of surfaces or fixtures painted with	94
lead-based paint;	95

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

96

(e) Preparation, cleanup, and disposal activities associated	97
with lead abatement.	98

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

99

(a) Preventive treatments performed pursuant to section	100
3742.41 of the Revised Code;	101

(b) Implementation of interim controls;

102

(c) Activities performed by a property owner on a residential	103
unit to which both of the following apply:	104

(i) It is a freestanding single-family home used as the	105
property owner's private residence.	106

(ii) No child under six years of age who has lead poisoning	107
resides in the unit.	108

(L)(O) "Lead abatement contractor" means any individual whoa	109
business entity or government entity that engages in or intends to	110
engage in lead abatement and employs or supervises one or more	111
lead abatement workers, including on-site supervision of lead	112
abatement projects, or prepares specifications, plans, or	113
documents for a lead abatement projectlead abatement supervisors.	114
"Lead abatement contractor" does not include an employee of a lead	115
abatement contractor, or a general contractor that subcontracts a	116
lead abatement activity to a lead abatement contractor.	117

(M)(P) "Lead abatement project" means one or more lead	118
abatement activities that are conducted by a lead abatement	119
contractor and are reasonably related to each other.	120

(N)(Q) "Lead abatement project designer" means a personan	121
individual who is responsible for designing lead abatement	122
projects and preparing a pre-abatement planplans for all designed	123
projects.	124

(O)(R) "Lead abatement supervisor" means an individual who is	125
responsible for the on-site supervision or performance of lead	126
abatement projects and preparing pre-abatement plans, occupant	127
protection plans, compliance plans, and abatement reports.	128

(S) "Lead abatement worker" means an individual who is	129
responsible in a nonsupervisory capacity for the performance of	130
lead abatement.	131

(P)(T) "Lead-based paint" means any paint or other similar	132
surface-coating substance containing lead at or in excess of the	133
level that is hazardous to human health as established by rule of	134
the public health council under section 3742.50 of the Revised	135
Code.	136

(Q)(U) "Lead-contaminated dust" means dust that contains an	137
area or mass concentration of lead at or in excess of the level	138
that is hazardous to human health as established by rule of the	139
public health council under section 3742.50 of the Revised Code.	140

(R)(V) "Lead-contaminated soil" means soil that contains lead	141
at or in excess of the level that is hazardous to human health as	142
established by rule of the public health council under section	143
3742.50 of the Revised Code.	144

(S)(W) "Lead hazard" means material that is likely to cause	145
lead exposure and endanger an individual's health as determined by	146
the public health council in rules adopted under section 3742.50	147
of the Revised Code. "Lead hazard" includes lead-based paint,	148
lead-contaminated dust, lead-contaminated soil, and	149
lead-contaminated water pipes.	150

(T)(X) "Lead inspection" means a surface-by-surface	151
investigation to determine the presence of lead-based paint. The	152
inspection shall use a sampling or testing technique approved by	153
the public health council in rules adopted by the council under	154
section 3742.03 of the Revised Code. A licensed lead inspector or	155
laboratory approved under section 3742.09 of the Revised Code	156
shall certify in writing the precise results of the inspection.	157

(U)(Y) "Lead inspector" means anyan individual who conducts	158
a lead inspection, provides professional advice regarding a lead	159
inspection, or prepares a report explaining the results of a lead	160
inspection.	161

(V)(Z) "Lead poisoning" means the level of lead in human	162
blood that is hazardous to human health, as specified in rules	163
adopted under section 3742.50 of the Revised Code.	164

(W)(AA) "Lead risk assessment" means an on-site investigation	165
to determine and report the existence, nature, severity, and	166
location of lead hazards in a residential unit, child care	167
facility, or school, including information gathering from the	168
unit, facility, or school's current property owner's knowledge	169
regarding the age and painting history of the unit, facility, or	170
school and occupancy by children under six years of agesite being	171
investigated, visual inspection, limited wipe sampling or other	172
environmental sampling techniques, and any other activity as may	173
be appropriate.	174

(X)(BB) "Lead risk assessor" means a personan individual who	175
is responsible for developing a written inspection, risk	176
assessment, and analysis plan; conducting inspections for lead	177
hazards in a residential unit, child care facility, or school;	178
interpreting results of inspections and risk assessments;	179
identifying hazard control strategies to reduce or eliminate lead	180
exposures; and completing a risk assessment report.	181

(Y)(CC) "Lead-safe renovation contractor" means the	182
supervision or performance of services for the general improvement	183
of all or part of an existing structure, including a residential	184
unit, child care facility, or school, when the services are	185
supervised or performed by a lead-safe renovatora business entity	186
or government entity that engages in renovation. "Lead-safe	187
renovation contractor" does not include an employee of a lead-safe	188
renovation contractor.	189

(Z)(DD) "Lead-safe renovator" means a person who has	190
successfully completed a training program in lead-safe renovation	191
approved under section 3742.47 of the Revised Codean individual	192
who is responsible for the on-site supervision or performance of a	193
renovation project and preparing specifications, plans, or	194
documents for a renovation project.	195

(AA)(EE) "Manager" means a personan individual, who may be	196
the same personindividual as the owner, responsible for the daily	197
operation of a residential unit, child care facility, or school.	198

(BB)(FF) "Permanent" means an expected design life of at	199
least twenty years.	200

(CC)(GG)(1) "Renovation" means the modification, for	201
compensation, of any existing structure or portion thereof	202
resulting in the disturbance of painted surfaces and includes all	203
of the following:	204

(a) Removal, modification, or repair of painted surfaces or	205
painted components such as doors and windows;	206

(b) Surface preparation activities such as sanding, scraping,	207
or related activities that may generate paint dust;	208

(c) Surface restoration;

209

(d) Removal of building components such as walls, ceilings,	210
plumbing, and windows;	211

(e) Weatherization projects such as cutting holes in painted	212
surfaces to blow in insulation or to gain access to attics or	213
planing thresholds to install weather stripping;	214

(f) Interim controls that disturb painted surfaces;

215

(g) Converting a building, or part of a building, into a	216
child-occupied facility.	217

(2) "Renovation" does not include either of the following:

218

(a) Activities performed as part of a lead abatement project;

219

(b) Minor repair and maintenance activities.

220

(HH) "Replacement" means an activity that entails removing	221
components such as windows, doors, and trim that have lead hazards	222
on their surfaces and installing components free of lead hazards.	223

(DD)(II) "Residential unit" means a dwelling or any part of a	224
building being used as an individual's private residence.	225

(EE)(JJ) "School" means a public or nonpublic school in which	226
children under six years of age receive education.	227

Sec. 3742.02.  (A) No personindividual, business entity, or	228
government entity shall do any of the following:	229

(1) Violate any provision of this chapter or the rules	230
adopted pursuant to it;	231

(2) Apply or cause to be applied any lead-based paint on or	232
inside a residential unit, child care facility, or school, unless	233
the public health council has determined by rule under section	234
3742.50 of the Revised Code that no suitable substitute exists;	235

(3) Perform a lead inspection without a valid lead inspector	236
license issued under section 3742.05 of the Revised Code;	237

(4) Perform a lead risk assessment or provide professional	238
advice regarding lead abatement without a valid lead risk assessor	239
license issued under section 3742.05 of the Revised Code;	240

(5) Interfere with an investigation conducted by the director	241
of health or a board of health in accordance with section 3742.35	242
of the Revised Code;	243

(6) Perform a clearance examination without a valid clearance	244
technician license issued under section 3742.05 of the Revised	245
Code, unless the individual holds a valid lead inspector license	246
or valid lead risk assessor license issued under that section;	247

(7) Hold itself out as a lead-safe renovation contractor	248
without a valid lead-safe renovation contractor license issued	249
under section 3742.05 of the Revised Code;	250

(8) Act as a lead-safe renovator without a valid lead-safe	251
renovator license issued under section 3742.05 of the Revised	252
Code;	253

(9) Perform training for the purposes of this chapter without	254
a valid evidence of approval issued under section 3742.08 of the	255
Revised Code;	256

(10) Perform interim controls without complying with	257
standards established under 24 C.F.R. part 35 by the United States	258
department of housing and urban development.	259

(B) No person shall knowingly authorize or employ an	260
individual to perform lead abatement on a residential unit, child	261
care facility, or school unless the individual who will perform	262
the lead abatement holds a valid license issued under section	263
3742.05 of the Revised Code.	264

(C) No personindividual, business entity, or government	265
entity shall do any of the following when a residential unit,	266
child care facility, or school is involved:	267

(1) Perform a lead inspection without a valid lead inspector	268
license issued under section 3742.05 of the Revised Code;	269

(2) Perform a lead risk assessment or provide professional	270
advice regarding lead abatement without a valid lead risk assessor	271
license issued under section 3742.05 of the Revised Code;	272

(3) ActHold itself out as a lead abatement contractor	273
without a valid lead abatement contractor's license issued under	274
section 3742.05 of the Revised Code;	275

(4)(2) Act as a lead abatement project designer without a	276
valid lead abatement project designer license issued under section	277
3742.05 of the Revised Code;	278

(5)(3) Perform lead abatement without a valid lead abatement	279
supervisor or valid lead abatement worker license issued under	280
section 3742.05 of the Revised Code;	281

(6) Effective one year after April 7, 2003, perform a	282
clearance examination without a valid clearance technician license	283
issued under section 3742.05 of the Revised Code, unless the	284
person holds a valid lead inspector license or valid lead risk	285
assessor license issued under that section(4) Act as a lead	286
abatement supervisor without a valid lead abatement supervisor	287
license issued under section 3742.05 of the Revised Code;	288

(7) Perform lead training for the licensing purposes of this	289
chapter without a valid approval from the director of health under	290
section 3742.08 of the Revised Code;	291

(8) Perform interim controls without complying with 24 C.F.R.	292
Part 35(5) Knowingly authorize or employ an individual to perform	293
lead abatement on the unit, facility, or school, unless the	294
individual who will perform the lead abatement holds a valid	295
license issued under section 3742.05 of the Revised Code.	296

(C) No lead inspector, lead abatement contractor, lead risk	297
assessor, lead abatement supervisor, lead abatement project	298
designer, clearance technician, lead-safe renovation contractor,	299
or lead-safe renovator shall use the services of an environmental	300
lead analytical laboratory that has not been approved by the	301
director of health under section 3742.09 of the Revised Code.	302

Sec. 3742.03.  The public health council shall adopt rules in	303
accordance with Chapter 119. of the Revised Code for the	304
administration and enforcement of sections 3742.01 to 3742.19,	305
3742.42 to 3742.45, and 3742.99 of the Revised Code. The rules	306
shall specify all of the following:	307

(A)(1) Procedures to be followed by a lead abatement	308
contractor, lead abatement supervisor, lead abatement project	309
designer, lead abatement worker, lead inspector, or lead risk	310
assessor licensed under section 3742.05 of the Revised Code for	311
undertaking lead abatement activities and procedures;	312

(2) Procedures to be followed by a clearance technician, lead	313
inspector, or lead risk assessor in performing a clearance	314
examination;	315

(3) Procedures to be followed by a lead-safe renovation	316
contractor or lead-safe renovator licensed under section 3742.05	317
of the Revised Code for undertaking renovation activities.	318

(B)(1) Requirements for training and licensure, in addition	319
to those established under section 3742.08 of the Revised Code, to	320
include levels of training and periodic refresher training for	321
each class of worker, and to be used for licensurethe individuals	322
who hold licenses under section 3742.05 of the Revised Code.	323
Except in the case of clearance technicians, these requirements	324
shall include at least twenty-four classroom hours of training	325
based on the Occupational Safety and Health Act training program	326
for lead set forth in 29 C.F.R. 1926.62. For clearance	327
technicians, the training requirements to obtain an initial	328
license shall not exceed six hours and the requirements for	329
refresher training shall not exceed two hours every four years. In	330
establishing the training and licensure requirements, the public	331
health council shall consider the core of information that is	332
needed by all licensed persons, and establish the training	333
requirements so that persons who would seek licenses in more than	334
one area would not have to take duplicative course work.	335

(2) PersonsAn individual certified by the American board of	336
industrial hygiene as a certified industrial hygienist or as an	337
industrial hygienist-in-training, and personsan individual	338
registered as a sanitarian or sanitarian-in-training under Chapter	339
4736. of the Revised Code, shall be exempt from any training	340
requirements established under this chapter for initial licensure	341
established under this chapteras a lead abatement supervisor,	342
lead abatement worker, lead abatement project designer, lead risk	343
assessor, lead inspector, or clearance technician, but shall be	344
required to take any examinations for licensure required under	345
section 3742.05 of the Revised Code.	346

(C) Fees for licenses issued under section 3742.05 of the	347
Revised Code and for their renewal, except that an elementary or	348
secondary public or private school shall not be required to pay a	349
fee for licensure as a lead-safe renovation contractor;	350

(D)(1) Procedures to be followed by lead inspectors, lead	351
abatement contractors, environmental lead analytical laboratories,	352
lead risk assessors, lead abatement supervisors, lead abatement	353
project designers, and lead abatement workers to prevent public	354
exposure to lead hazards and ensure worker protection during lead	355
abatement projects;	356

(2) Procedures to be followed by lead-safe renovation	357
contractors and lead-safe renovators to prevent public exposure to	358
lead hazards and ensure worker protection during renovation	359
projects.	360

(E)(1)(a) Record-keeping and reporting requirements for	361
clinical laboratories, environmental lead analytical laboratories,	362
lead inspectors, lead abatement contractors, lead risk assessors,	363
lead abatement supervisors, lead abatement project designers, and	364
lead abatement workers for lead abatement projects and	365
record-keeping;	366

(b) Record-keeping and reporting requirements for clinical	367
laboratories, environmental lead analytical laboratories, and	368
clearance technicians for clearance examinations;	369

(2)(c) Record-keeping and reporting requirements for	370
lead-safe renovation contractors and lead-safe renovators for	371
renovation projects;	372

(d) Record-keeping and reporting requirements regarding lead	373
poisoning for physicians, in addition to the requirements of	374
section 3701.25 of the Revised Code;.	375

(3)(2) Information that is required to be reported under	376
rules based on divisions (E)(1) and (2)(a) to (d) of this section	377
and that is a medical record is not a public record under section	378
149.43 of the Revised Code and shall not be released, except in	379
aggregate statistical form.	380

(F) Environmental sampling techniques for use in collecting	381
samples of air, water, dust, paint, and other materials;	382

(G) Requirements for a respiratory protectionwritten	383
pre-abatement plan prepared in accordance with section 3742.07 of	384
the Revised Code;	385

(H) Requirements under which a manufacturer of encapsulants	386
must demonstrate evidence of the safety and durability of its	387
encapsulants by providing results of testing from an independent	388
laboratory indicating that the encapsulants meet the standards	389
developed by the "E06.23.30 task group on encapsulants," which is	390
the task group of the lead hazards associated with buildings	391
subcommittee of the performance of buildings committee of the	392
American society for testing and materials.	393

Sec. 3742.04.  (A) The director of health shall do all of the	394
following:	395

(1) Administer and enforce the requirements of sections	396
3742.01 to 3742.19 and 3742.99 of the Revised Codethis chapter	397
and the rules adopted pursuant to those sectionsunder it;	398

(2) Examine records and reports submitted by lead inspectors,	399
lead abatement contractors, lead abatement supervisors, lead risk	400
assessors, lead abatement project designers, lead abatement	401
workers, lead-safe renovation contractors, lead-safe renovators,	402
and clearance technicians in accordance with section 3742.05 of	403
the Revised Code to determine whether the requirements of this	404
chapter are being met;	405

(3) Examine records and reports submitted by physicians,	406
clinical laboratories, and environmental lead analytical	407
laboratories under section 3701.25 or 3742.09 of the Revised Code;	408

(4) Issue approval to manufacturers of encapsulants that have	409
done all of the following:	410

(a) Submitted an application for approval to the director on	411
a form prescribed by the director;	412

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

413

(c) Submitted results from an independent laboratory	414
indicating that the manufacturer's encapsulants satisfy the	415
requirements established in rules adopted under division (H) of	416
section 3742.03 of the Revised Code;	417

(d) Complied with rules adopted by the public health council	418
regarding durability and safety to workers and residents.	419

(5) Establish liaisons and cooperate with the directors or	420
agencies in states having lead abatement programs, including	421
programs with licensing, accreditation, certification, and	422
approval programsrequirements, to promote consistency between the	423
requirements of this chapter and those of other states in order to	424
facilitate reciprocity of the programs among states;	425

(6) Establish a program to monitor and audit the quality of	426
work of lead inspectors, lead risk assessors, lead abatement	427
project designers, lead abatement contractors, lead abatement	428
supervisors, lead abatement workers, lead-safe renovation	429
contractors, lead-safe renovators, and clearance technicians. The	430
director may refer improper work discovered through the program to	431
the attorney general for appropriate action.	432

(B) In addition to any other authority granted by this	433
chapter, the director of health may do any of the following:	434

(1) Employ personsindividuals who have received training	435
from a program the director has determined provides the necessary	436
background. The appropriate training may be obtained in a state	437
that has an ongoing lead abatement program under which it conducts	438
educational programs.	439

(2) Cooperate with the United States environmental protection	440
agency in any joint oversight procedures the agency may propose	441
for laboratories that offer lead analysis services and are	442
accredited under the agency's laboratory accreditation program;	443

(3) Advise, consult, cooperate with, or enter into contracts	444
or cooperative agreements with any personindividual, business	445
entity, government entity, interstate agency, or the federal	446
government as the director considers necessary to fulfill the	447
requirements of this chapter and the rules adopted under it;	448

(4) Conduct on-site inspections of any location at which a	449
lead abatement or renovation project is planned, in progress, or	450
completed;	451

(5) Conduct an on-site audit of a lead hazard training course	452
or lead-safe renovation training course during the time in which	453
the course is being conducted by a training program approved under	454
section 3742.08 of the Revised Code;	455

(6) Evaluate an individual's, a business entity's, or a	456
government entity's performance of activities pursuant to this	457
chapter;	458

(7) Evaluate an individual's, a business entity's, or a	459
government entity's compliance with the requirements of this	460
chapter and the rules adopted under it.	461

Sec. 3742.05.  (A)(1) The director of health shall issue lead	462
inspector, lead abatement contractor, lead abatement supervisor,	463
lead risk assessor, lead abatement project designer, lead	464
abatement worker, lead-safe renovation contractor, lead-safe	465
renovator, and clearance technician licenses. The director shall	466
issue a license to an applicant who meets all of the following	467
requirements:	468

(a) Submits an application to the director on a form	469
prescribed by the director;	470

(b) Meets the licensing and training requirements established	471
by the public health council under section 3742.03 of the Revised	472
Code;	473

(c) SuccessfullyExcept for lead abatement contractors and	474
lead-safe renovation contractors, successfully completes the	475
licensing examination for the applicant's area of expertise	476
administered under section 3742.08 of the Revised Code and any	477
training required by the director under that section;	478

(d) Pays the license fee established by the public health	479
council under section 3742.03 of the Revised Code;	480

(e) Provides the applicant's social security number and any	481
information the director may require to demonstrate the	482
applicant's compliance with this chapter and the rules adopted	483
under it.	484

(2) An individual, business entity, or government entity may	485
hold more than one license issued under this section, but a	486
separate application is required for each license.	487

(B) A license issued under this section expires two years	488
after the date of issuance. The director shall renew a license in	489
accordance with the standard renewal procedure set forth in	490
Chapter 4745. of the Revised Code, if the licensee does all of the	491
following:	492

(1) Continues to meet the requirements of division (A) of	493
this section;	494

(2) Demonstrates compliance with procedures to prevent public	495
exposure to lead hazards and for worker protection during lead	496
abatement projects or renovation projects, as established by rule	497
adopted by the public health council under section 3742.03 of the	498
Revised Code;	499

(3) Meets the record-keeping and reporting requirements for	500
lead abatement projects, renovation projects, or clearance	501
examinations, as established by rule adopted by the public health	502
council under section 3742.03 of the Revised Code;	503

(4) Pays the license renewal fee established by rule adopted	504
by the public health council under section 3742.03 of the Revised	505
Code.	506

(C) An individual, business entity, or government entity	507
licensed, certified, or otherwise approved under federal law or	508
the law of another state to perform functions substantially	509
similar to those of a lead inspector, lead abatement contractor,	510
lead abatement supervisor, lead risk assessor, lead abatement	511
project designer, lead abatement worker, lead-safe renovation	512
contractor, lead-safe renovator, or clearance technician may apply	513
to the director of health for licensure in accordance with the	514
procedures set forth in division (A) of this section. The director	515
shall license an individual, business entity, or government entity	516
under this division on a determination that the standards for	517
licensure, certification, or approval in that state are at least	518
substantially equivalent to those established by this chapter and	519
the rules adopted under it. TheExcept for lead abatement	520
contractors and lead-safe renovation contractors, the director may	521
require an examination for licensure under this division.	522

Sec. 3742.06.  All of the following apply to a residential	523
unit, child care facility, or school:	524

(A) No lead abatement contractor shall provide lead testing	525
services or professional advice regarding lead abatement unless	526
that service or advice is provided by a lead inspector or lead	527
risk assessor who is licensed under section 3742.05 of the Revised	528
Code and is employed by the lead abatement contractor.	529

(B) No personindividual shall provide advice on the need for	530
lead abatement and then participate in a lead abatement project	531
resulting from that advice unless either of the following applies:	532

(1) The personindividual is employed as a member of the	533
staff of the owner or manager of the property on which the lead	534
abatement is to be performed;	535

(2) A written contract for lead abatement is entered into	536
that states both of the following:	537

(a) The personindividual was involved in the lead testing,	538
or in the provision of professional advice, that led to the lead	539
abatement contract;	540

(b) The party contracting for lead abatement services should	541
obtain a second opinion to verify any lead test results and assure	542
that the proposed lead abatement or project design is appropriate.	543

(C) No lead inspector, lead abatement contractor, lead risk	544
assessor, lead abatement project designer, or clearance technician	545
shall use the services of an environmental lead analytical	546
laboratory that has not been approved by the director of health	547
under section 3742.09 of the Revised Code.	548

(D) No lead abatement contractor or lead abatement worker	549
shall perform lead abatement without the on-site supervision of a	550
licensed lead abatement contractorsupervisor.	551

(E) No person shall have lead-safe renovation performed in	552
lieu of having lead abatement performed on a property at which a	553
lead-poisoned child under six years of age has been identified.	554

Sec. 3742.07.  (A) Prior to engaging in any lead abatement	555
project on a residential unit, child care facility, or school, the	556
lead abatement contractor primarily responsible for the project	557
shall do all of the following:	558

(1) Prepare a written respiratory protectionpre-abatement	559
plan that meets requirements established by rule adopted under	560
section 3742.03 of the Revised Code and make the plan available to	561
the department of health and all lead abatement workers at the	562
project site;	563

(2) Ensure that each lead abatement worker who is or will be	564
involved in a lead abatement project has been examined by a	565
licensed physician within the preceding calendar year and has been	566
declared by the physician to be physically capable of working	567
while wearing a respirator;	568

(3) Ensureincludes all of the following:

569

(a) Protection measures and management procedures that will	570
be taken to protect lead abatement personnel and other individuals	571
at the project site from exposure to lead hazards;	572

(b) A respiratory protection plan developed in accordance	573
with standards established under 29 C.F.R. 1926.62 by the United	574
States occupational safety and health administration;	575

(c) A hazard communication plan developed in accordance with	576
standards established under 29 C.F.R. 1910.1200 by the United	577
States occupational safety and health administration.	578

(2) Make the portion of the pre-abatement plan regarding the	579
protection measures and management procedures that will be taken	580
to protect individuals at the project site who are not lead	581
abatement personnel available to the department of health;	582

(3) Make the portion of the pre-abatement plan regarding the	583
protection measures and management procedures that will be taken	584
to protect lead abatement personnel available to all lead	585
abatement supervisors and workers at the project site;	586

(4) Ensure that each employee or agent who will come in	587
contact with lead hazards at the project site or will be	588
responsible for athe lead abatement project receives a license	589
and appropriate training as required by this chapter before	590
engaging in athe lead abatement project;	591

(4) At least ten days prior to the commencement of a project,	592
notify(5) Notify the department of health, on a form prescribed	593
by the director of health, of the date athe lead abatement	594
project will commence.	595

(B) During each lead abatement project, the lead abatement	596
contractor primarily responsible for the project shall ensure that	597
all personsindividuals involved in the project follow the worker	598
protection standards established under 29 C.F.R. 1926.62 by the	599
United States occupational safety and health administration.	600

Sec. 3742.071. All of the following apply in the performance	601
of activities by persons licensed under this chapter:	602

(A) A lead risk assessor shall certify in writing the precise	603
results of a lead risk assessment and recommend options for	604
reducing identified lead hazards.	605

(B) A clearance technician may perform a clearance	606
examination when the examination is in connection with activities	607
other than a lead abatement project. A clearance examination	608
performed in connection with a lead abatement project shall be	609
performed only by a lead inspector or lead risk assessor.	610

(C) The director of health may issue an immediate cease work	611
order to a person licensed under this chapteran individual,	612
business entity, or government entity if the director determines	613
that the license holderindividual or entity is violating the	614
terms or conditions of the licenseany provision of this chapter	615
in a manner that endangers or materially impairs the health or	616
well-being of an occupant of a residential unit, child care	617
facility, or school or a personan individual employed to perform	618
lead abatement activities or renovation activities.	619

Sec. 3742.08.  (A)(1) The director of health shall conduct,	620
specify requirements by rule, or approve training programs for	621
licensure of lead inspectors, lead abatement contractors	622
supervisors, lead risk assessors, lead abatement project	623
designers, lead abatement workers, lead-safe renovators, and	624
clearance technicians. In accordance with Chapter 119. of the	625
Revised Code, the director shall adopt rules establishing all of	626
the following:	627

(a) A system for accreditation ofapproving training programs	628
and the requirements for accreditationapproval, including	629
curriculum requirements, hour requirements, hands-on training	630
requirements, trainee competency and proficiency requirements, and	631
requirements for quality control;	632

(b) Fees for application for approval of a training program	633
and for participating in any program conducted by the director;	634

(c) Any other requirements pertinent to the operation of a	635
training program.	636

(2) Each applicant for approval of a training program shall	637
submit a completed application to the director on a form the	638
director shall prescribe and provide. The director shall issue	639
evidence of approval to each applicant who meets the requirements	640
of division (A)(1) of this section and the criteria for approval	641
established by rule adopted under this section and pays the fee.	642

(B) The director shall administer examinations for licensure	643
under this chapter by conducting examinations, contracting	644
pursuant to section 3701.044 of the Revised Code for another	645
entity to conduct the examinations, or approving examinations. In	646
accordance with Chapter 119. of the Revised Code, the director	647
shall adopt rules specifying requirements for the administration	648
of licensing examinations. The rules shall include requirements	649
regarding the qualifications of examination administrators, fees	650
to cover the cost of conducting the examinations, and any other	651
requirements pertinent to the examinations.	652

If the director implements a system of approving	653
examinations, the rules shall include procedures and criteria for	654
approval and fees for the approval. Each applicant for approval	655
shall submit a completed application to the director on a form the	656
director shall prescribe and provide. The director shall issue	657
evidence of approval to each applicant who meets the criteria for	658
approval established in rules adopted under this division.	659

Sec. 3742.09.  (A) Any person desiringAn individual,	660
business entity, or government entity seeking approval from the	661
director of health for an environmental lead analytical laboratory	662
or a clinical laboratory to perform lead testing shall submit an	663
application for approval to the director on forms that hethe	664
director shall prescribe and provide.	665

(B) The director shall adopt rules in accordance with Chapter	666
119. of the Revised Code to establish all of the following:	667

(1) Procedures and criteria for approval of clinical	668
laboratories and environmental lead analytical laboratoraties	669
laboratories, including lead testing requirements and the	670
qualification of laboratory owners and personnel;	671

(2) Fees for application for approval of laboratories;

672

(3) Any other requirements pertinent to the operation of a	673
clinical laboratory or an environmental lead analytical	674
laboratory.	675

(C) The director shall issue the appropriate approval to any	676
applicant who meets the requirements of division (A) of this	677
section and rules adopted under division (B) of this section, pays	678
the application fee, and demonstrates compliance with the	679
record-keeping and reporting requirements established by rule	680
adopted under section 3742.03 of the Revised Code.	681

(D) Each clinical laboratory approved under this section	682
shall report to the director the presence, at levels established	683
by rule adopted under section 3742.03 of the Revised Code, of	684
lead, cadmium, mercury, or arsenic in a blood or urine specimen.	685
The report shall be made on a form prescribed by the director.	686

Sec. 3742.10.  (A) The director of health shall maintain a	687
list of both of the following:	688

(1) Lead inspectors, lead abatement contractors, lead	689
abatement supervisors, lead risk assessors, lead abatement project	690
designers, lead abatement workers, lead-safe renovation	691
contractors, lead-safe renovators, and clearance technicians	692
licensed under this chapter;	693

(2) Training programs approved under section 3742.08 of the	694
Revised Code.	695

(B) Information contained in any list maintained under this	696
section is a public record for the purposes of section 149.43 of	697
the Revised Code and is subject to inspection and copying under	698
section 1347.08 of the Revised Code.	699

Sec. 3742.15.  Any personindividual may file a complaint	700
with the director of health concerning a lead inspector, a lead	701
abatement contractor, a lead risk assessor, a lead abatement	702
project designer, a lead abatement worker, a clearance technician	703
an individual, business entity, or government entity licensed	704
under section 3742.05 of the Revised Code, a clinical laboratory,	705
an environmental lead analytical laboratory, or a training course.	706
The complainant's name shall be confidential and shall not be	707
released without the complainant's written consent. The director	708
may investigate the complaint and take action under this chapter	709
as the director considers appropriate.	710

Sec. 3742.16.  In accordance with Chapter 119. of the Revised	711
Code, the director of health may refuse to issue or renew, or may	712
suspend or revoke, a license, an accreditation or certification,	713
or an approval of any personindividual, business entity,	714
government entity, training program, or laboratory for one or more	715
of the following reasons:	716

(A) Violation of any provision of this chapter or the rules	717
adopted under it;	718

(B) Failure to pay the fee for the issuance or renewal of a	719
license, an accreditation or certification, or an approval;	720

(C) Any material misrepresentation in an application for a	721
license, an accreditation or certification, or an approval;	722

(D) Interference with an investigation made pursuant to	723
section 3742.35 of the Revised Code;	724

(E) Failure to meet the licensing requirements established by	725
rule adopted under section 3742.03 of the Revised Code;	726

(F) Employment or use of lead abatement personnel thatwho	727
are not licensed under this chapter;	728

(G) Employment or use of a lead-safe renovation contractor or	729
lead-safe renovator who is not licensed under this chapter.	730

Sec. 3742.17.  (A) Where any personindividual, business	731
entity, or government entity is licensed by the department of	732
health to engage in lead abatement, lead inspection, lead	733
abatement supervision, lead risk assessment, renovation, clearance	734
examination, or any other activity under this chapter, the	735
liability of that personindividual or entity, when performing the	736
activity in accordance with procedures established pursuant to	737
state or federal law, for an injury to any individual or property	738
caused or related to the activity shall be limited to acts or	739
omissions of the personindividual or entity during the course of	740
performing the activity that can be shown, based on a	741
preponderance of the evidence, to have been negligent. For the	742
purposes of this section, the demonstration that acts or omissions	743
of a personan individual or entity performing lead abatement,	744
lead inspection, lead abatement supervision, lead risk assessment,	745
renovation, clearance examination, or other activities under this	746
chapter were in accordance with generally accepted practice and	747
with procedures established by state or federal law at the time	748
the abatement, inspection, supervision, assessment, renovation,	749
examination, or other activity was performed creates a rebuttable	750
presumption that the acts or omissions were not negligent.	751

(B) Where any personindividual, business entity, or	752
government entity contracts with a personan individual, business	753
entity, or government entity licensed as a lead inspector, lead	754
abatement contractor, lead abatement supervisor, lead risk	755
assessor, lead abatement project designer, lead abatement worker,	756
lead-safe contractor, lead-safe renovator, or clearance technician	757
the liability of that personindividual or entity for lead-related	758
injuries caused by the person's contracteelicensee in the	759
performance of lead abatement, lead inspection, lead abatement	760
supervision, lead risk assessment, renovation, clearance	761
examination, or other activities under this chapter shall be	762
limited to those lead-related injuries arising from acts or	763
omissions that the personindividual or entity knew, or could	764
reasonably have been expected to know, were not in accordance with	765
generally accepted practices or with procedures established by	766
state or federal law at the time the activity took place.	767

(C) Notwithstanding any other provisions of the Revised Code	768
or rules of a court to the contrary, this section governs all	769
claims for lead-related injuries to individuals or property	770
arising from lead abatement, lead inspection, lead abatement	771
supervision, lead risk assessment, renovation, clearance	772
examination, or other activities for which a license is required	773
under this chapter.	774

Sec. 3742.18.  At the request of the director of health, the	775
attorney general may commence a civil action for civil penalties	776
and injunctive and other equitable relief against any person who	777
individual, business entity, or government entity that violates	778
section 3742.02, 3742.06, or 3742.07 of the Revised Code. The	779
action shall be commenced in the court of common pleas of the	780
county in which the violation occurred or is about to occur.	781

The court shall grant injunctive and other equitable relief	782
on a showing that the personindividual, business entity, or	783
government entity has violated or is about to violate section	784
3742.02, 3742.06, or 3742.07 of the Revised Code. On a finding of	785
a violation, the court shall assess a civil penalty of not more	786
than one thousand dollars. Each day a violation continues is a	787
separate violation. All civil penalties collected by the court	788
under this section shall be deposited into the state treasury to	789
the credit of the lead abatement personnel licensing fund created	790
under section 3742.19 of the Revised Code.	791

Sec. 3742.19. (A) Except for any licensing examination fee	792
collected and retained by an entity under contract pursuant to	793
division (B) of section 3742.08 of the Revised Code, all fees	794
collected under sections 3742.01 to 3742.18 of the Revised Code;	795
any grant, contribution, or other moneys received for the purposes	796
of those sections; and fines collected under section 3742.99 of	797
the Revised Code shall be deposited into the state treasury to the	798
credit of the lead abatement personnel licensing fund, which is	799
hereby created. TheExcept as provided in division (B) of this	800
section, moneys in the fund shall be used solely for the	801
administration and enforcement of sections 3742.01 to 3742.18 of	802
the Revised Code and the rules adopted under those sections.	803

(B) If the director of health determines that the amount in	804
the fund exceeds the amount necessary to cover the anticipated	805
expenses of administering and enforcing sections 3742.01 to	806
3742.18 of the Revised Code and the rules adopted under those	807
sections for a six-month period in the fiscal year in which the	808
determination is made, the director may request that the director	809
of budget and management transfer all or part of the excess amount	810
to the lead poisoning prevention fund created under section	811
3742.51 of the Revised Code. If the director of budget and	812
management agrees with the determination made by the director of	813
health, the director of budget and management shall transfer all	814
or part of the excess amount.	815

Sec. 3742.35.  When the director of health or a board of	816
health authorized to enforce sections 3742.35 to 3742.40 of the	817
Revised Code becomes aware that an individual under six years of	818
age has lead poisoning, the director or board shall conduct an	819
investigation to determine the source of the lead poisoning. The	820
director or board may conduct such an investigation when the	821
director or board becomes aware that an individual six years of	822
age or older has lead poisoning. The director or board shall	823
conduct the investigation in accordance with rules adopted under	824
section 3742.50 of the Revised Code.	825

In conducting the investigation, the director or board may	826
request permission to enter the residential unit, child care	827
facility, or school that the director or board reasonably suspects	828
to be the source of the lead poisoning. If the property is	829
occupied, the director or board shall ask the occupant for	830
permission. If the property is not occupied, the director or board	831
shall ask the property owner or manager for permission. If the	832
occupant, owner, or manager fails or refuses to permit entry, the	833
director or board may petition and obtain an order to enter the	834
property from a court of competent jurisdiction in the county in	835
which the property is located.	836

As part of the investigation, the director or board may	837
review the records and reports, if any, maintained by a lead	838
inspector, lead abatement contractor, lead abatement supervisor,	839
lead risk assessor, lead abatement project designer, lead	840
abatement worker, lead-safe renovation contractor, lead-safe	841
renovator, or clearance technician.	842

Sec. 3742.38. The owner and manager of a residential unit,	843
child care facility, or school that is subject to a lead hazard	844
control order issued under section 3742.37 of the Revised Code	845
shall cooperate with the director of health or board of health	846
that issued the order in controlling each lead hazard specified in	847
the order. The owner or manager shall choose a method of	848
controlling each lead hazard that enables the residential unit,	849
child care facility, or school to pass a clearance examination.	850
The method chosen may be the owner or manager's personal	851
preference, a proposal made by a personan individual, business	852
entity, or government entity under contract with the owner or	853
manager, or a recommendation that the director or board may	854
provide. The owner or manager shall inform the director or board	855
of the method that the owner or manager chooses to control each	856
lead hazard.	857

Sec. 3742.41. (A) A property constructed before January 1,	858
19501978, that is used as a residential unit, child care	859
facility, or school shall be legally presumed not to contain a	860
lead hazard and not to be the source of the lead poisoning of an	861
individual who resides in the unit or receives child care or	862
education at the facility or school if the owner or manager of the	863
unit, facility, or school successfully completes both of the	864
following preventive treatments:	865

(1) Follows the essential maintenance practices specified in	866
section 3742.42 of the Revised Code for the control of lead	867
hazards;	868

(2) Covers all rough, pitted, or porous horizontal surfaces	869
of the inhabited or occupied areas within the unit, facility, or	870
school with a smooth, cleanable covering or coating, such as metal	871
coil stock, plastic, polyurethane, carpet, or linoleum.	872

(B) The owner or manager of a residential unit, child care	873
facility, or school has successfully completed the preventive	874
treatments specified in division (A) of this section if the unit,	875
facility, or school passes a clearance examination in accordance	876
with standards for passage established by rules adopted under	877
section 3742.493742.50 of the Revised Code.	878

(C) The legal presumption established under this section is	879
rebuttable in a court of law only on a showing of clear and	880
convincing evidence to the contrary.	881

Sec. 3742.42.  (A) In completing the essential maintenance	882
practices portion of the preventive treatments specified in	883
section 3742.41 of the Revised Code, the owner or manager of a	884
residential unit, child care facility, or school shall do all of	885
the following:	886

(1) Use only safe work practices, which include compliance	887
with section 3742.44 of the Revised Code, to prevent the spread of	888
lead-contaminated dust;	889

(2) Perform visual examinations for deteriorated paint,	890
underlying damage, and other conditions that may cause exposure to	891
lead;	892

(3) Promptly and safely repair deteriorated paint or other	893
building components that may cause exposure to lead and eliminate	894
the cause of the deterioration;	895

(4)(2) Ask tenants in a residential unit, and parents,	896
guardians, and custodians of children in a child care facility or	897
school, to report concerns about potential lead hazards by	898
providing written notices to the tenants or parents, guardians,	899
and custodians or by posting notices in conspicuous locations;	900

(5) Perform(3) Ensure that only an individual, business	901
entity, or government entity licensed under this chapter performs	902
the following activities:	903

(a) Promptly and safely repairs deteriorated paint or other	904
building components that may cause exposure to lead and	905
eliminating the cause of the deterioration;	906

(b) Performs specialized cleaning, as described in accordance	907
with section 3742.45 of the Revised Code, to control	908
lead-contaminated dust;	909

(6)Cover(c) Covers any bare soil on the property, except	910
soil proven not to be lead-contaminated;	911

(d) Performs all other activities necessary for carrying out	912
the purposes of this section that are otherwise required by this	913
chapter, and rules adopted under it, to be conducted by a licensed	914
individual, business entity, or government entity.	915

(7)(4) Maintain a record of essential maintenance practices	916
for at least three years that documents all essential maintenance	917
practices;	918

(8) Successfully complete a training program in essential	919
maintenance practices that has been approved under section 3742.47	920
of the Revised Code.	921

(B) The areas of a residential unit, child care facility, or	922
school that are subject to division (A) of this section include	923
all of the following:	924

(1) The interior surfaces and all common areas of the unit,	925
facility, or school;	926

(2) Every attached or unattached structure located within the	927
same lot line as the unit, facility, or school that the owner or	928
manager considers to be associated with the operation of the unit,	929
facility, or school, including garages, play equipment, and	930
fences;	931

(3) The lot or land that the unit, facility, or school	932
occupies.	933

Sec. 3742.44. (A) The following activities shall be	934
considered unsafe work practices due to the likelihood that	935
engaging in the activities will create lead hazards, and in no	936
event shall any personindividual, business entity, or government	937
entity engage in the following activities when implementing the	938
essential maintenance practices portion of the preventive	939
treatments specified in section 3742.41 of the Revised Code:	940

(1)(A) Open flame burning or torching;

941

(2)(B) Machine sanding or grinding without a HEPA local	942
vacuum exhaust tool;	943

(3)(C) Abrasive blasting or sandblasting without a HEPA local	944
vacuum exhaust tool;	945

(4)(D) Use of a heat gun operating above one thousand one	946
hundred degrees fahrenheit;	947

(5)(E) Charring paint;

948

(6)(F) Dry sanding;

949

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

950

(a)(1) In conjunction with a heat gun operating at not more	951
than one thousand one hundred degrees fahrenheit;	952

(b)(2) Within one foot of an electrical outlet;

953

(c)(3) To treat defective paint spots totaling not more than	954
two square feet in an interior room or space or twenty square feet	955
on an exterior surface.	956

(8)(H) Uncontained hydroblasting or high-pressure washing;

957

(9)(I) Paint stripping in a poorly ventilated space using a	958
volatile stripper that is considered a hazardous substance under	959
16 C.F.R. 1500.3 or a hazardous chemical under 29 C.F.R. 1910.1200	960
or 29 C.F.R. 1926.59 in the type of work being performed.	961

(B) A person may engage in the following activities when	962
implementing the essential maintenance practices portion of the	963
preventive treatments specified in section 3742.41 of the Revised	964
Code, but only if licensed under this chapter or trained in	965
essential maintenance practices as required by this chapter:	966

(1) Machine sanding or grinding performed with a HEPA local	967
vacuum exhaust tool;	968

(2) Abrasive blasting or sandblasting performed with a HEPA	969
local vacuum exhaust tool;	970

(3) Hydroblasting or high-pressure washing if the activity is	971
contained.	972

Sec. 3742.45.  (A) Specialized cleaning methods used to	973
control lead-contaminated dust when implementing the essential	974
maintenance practices portion of the preventive treatments	975
specified in section 3742.41 of the Revised Code may include any	976
of the following:	977

(1) Cleaning potentially lead-contaminated surfaces with a	978
detergent;	979

(2) Vacuuming potentially lead-contaminated surfaces with a	980
HEPA vacuum;	981

(3) Covering potentially lead-contaminated soil.

982

(B) A personAn individual who uses or provides for others to	983
use the specialized cleaning methods specified in division (A) of	984
this section shall ensure that the cleaning is performed as	985
follows:	986

(1) The common areas of a building with more than one	987
residential unit must undergo specialized cleaning at least	988
annually, including hallways, stairways, laundry rooms,	989
recreational rooms, playgrounds, boundary fences, and other	990
portions of the building and its surroundings that are generally	991
accessible to all residents.	992

(2) The interior of a residential unit that is vacated by its	993
occupants must undergo specialized cleaning before it may be	994
reoccupied.	995

(3) A child care facility or school must undergo specialized	996
cleaning at least annually at a time when children are not present	997
at the facility or school.	998

(4) In a residential unit, child care facility, or school, on	999
completion of any maintenance or repair work that disturbs	1000
surfaces suspected or known to be painted with lead-based paint,	1001
the maintenance or repair work area must undergo specialized	1002
cleaning if the area of the disturbed surfaces suspected or known	1003
to be painted with lead-based paint totals more than one of the	1004
following:	1005

(a) Twenty square feet or two square meters on exterior	1006
surfaces;	1007

(b) Two square feet or two-tenths of one square meter in any	1008
one interior room or space;	1009

(c) Ten per cent of the total surface area on an interior or	1010
exterior component with a small surface area, such as window	1011
sills, baseboards, and trim.	1012

Sec. 3742.49.  The director of health, in consultation with	1013
the individual authorized by the governor to act as the state	1014
historic preservation officer, shall develop recommendations for	1015
controlling lead hazards that take into consideration the historic	1016
nature of the property in which the hazards are located. The	1017
director shall provide periodic notifications of the	1018
recommendations to all personsindividuals, business entities, and	1019
public entities licensed under this chapter. All lead hazard	1020
control orders issued under section 3742.37 of the Revised Code	1021
shall inform the recipient of the recommendations developed under	1022
this section.	1023

In no event shall a person use the recommendations be used as	1024
justification for refusing to comply with a lead hazard control	1025
order issued under section 3742.37 of the Revised Code.	1026

Sec. 3742.50. (A) The public health council shall adopt	1027
rules in accordance with Chapter 119. of the Revised Code	1028
establishing all of the following:	1029

(1)(A) Procedures necessary for the development and operation	1030
of the child lead poisoning prevention program established under	1031
section 3742.31 of the Revised Code;	1032

(2)(B) Standards and procedures for conducting investigations	1033
and risk assessments under sections 3742.35 and 3742.36 of the	1034
Revised Code;	1035

(3)(C) Standards and procedures for issuing lead hazard	1036
control orders under section 3742.37 of the Revised Code,	1037
including standards and procedures for determining appropriate	1038
deadlines for complying with lead hazard control orders;	1039

(4)(D) The level of lead in human blood that is hazardous to	1040
human health, consistent with the guidelines issued by the centers	1041
for disease control and prevention in the public health service of	1042
the United States department of health and human services;	1043

(5)(E) The level of lead in paint, dust, and soil that is	1044
hazardous to human health;	1045

(6)(F) Standards and procedures to be followed when	1046
implementing preventive treatments for the control of lead hazards	1047
pursuant to section 3742.41 of the Revised Code that are based on	1048
information from the United States environmental protection	1049
agency, department of housing and urban development, occupational	1050
safety and health administration, or other agencies with	1051
recommendations or guidelines regarding implementation of	1052
preventive treatments;	1053

(7)(G) Standards that must be met to pass a clearance	1054
examination;	1055

(8) Procedures for approving under section 3742.47 of the	1056
Revised Code training programs in essential maintenance practices	1057
and lead-safe renovation and requirements, in addition to those	1058
specified in section 3742.47 of the Revised Code, that a program	1059
must meet to receive approval;	1060

(9) The examination to be administered by a training program	1061
approved under section 3742.47 of the Revised Code and the	1062
examination's passing score.	1063

(B) The public health council shall establish procedures for	1064
revising its rules to ensure that the child lead poisoning	1065
prevention activities conducted under this chapter continue to	1066
meet the requirements necessary to obtain any federal funding	1067
available for those activities, including requirements established	1068
by the United States environmental protection agency, United	1069
States department of housing and urban development, or any other	1070
federal agency with jurisdiction over activities pertaining to	1071
child lead poisoning prevention.	1072

Sec. 3742.51. (A) There is hereby created in the state	1073
treasury the lead poisoning prevention fund. The fund shall	1074
include all moneys appropriated to the department of health for	1075
the administration and enforcement of sections 3742.31 to 3742.50	1076
3742.45 of the Revised Code and the rules adopted under those	1077
sections. The fund shall also include any amounts transferred to	1078
the fund under section 3742.19 of the Revised Code. Any grants,	1079
contributions, or other moneys collected by the department for	1080
purposes of preventing lead poisoning shall be deposited in the	1081
state treasury to the credit of the fund.	1082

(B) Moneys in the fund shall be used solely for the purposes	1083
of the child lead poisoning prevention program established under	1084
section 3742.31 of the Revised Code, including providing financial	1085
assistance to individuals who are unable to pay for the following:	1086

(1) Costs associated with obtaining lead tests and lead	1087
poisoning treatment for children under six years of age who are	1088
not covered by private medical insurance or are underinsured, are	1089
not eligible for the medicaid program established under Chapter	1090
5111. of the Revised Code or any other government health program,	1091
and do not have access to another source of funds to cover the	1092
cost of lead tests and any indicated treatments;	1093

(2) Costs associated with having lead abatement performed or	1094
having the preventive treatments specified in section 3742.41 of	1095
the Revised Code performed.	1096

Sec. 3742.55.  In adopting rules under this chapter, the	1097
public health council shall do both of the following:	1098

(A) Adopt rules that are at least as stringent as the	1099
regulations established by the United States environmental	1100
protection agency, United States department of housing and urban	1101
development, or any other federal agency with jurisdiction over	1102
activities pertaining to lead poisoning prevention.	1103

(B) Modify the rules as necessary to ensure that this state	1104
continues to meet the requirements necessary to obtain any federal	1105
funds available for activities pertaining to lead poisoning	1106
prevention, including requirements established by the United	1107
States environmental protection agency, United States department	1108
of housing and urban development, or any other federal agency with	1109
jurisdiction over such activities.	1110

Sec. 3742.99.  (A) At the request of the director of health	1111
or a board of health, a prosecuting attorney, city director of	1112
law, village solicitor, or similar chief legal officer may	1113
commence a criminal action against any person whoan individual or	1114
business entity that violates any provision of section 3742.02,	1115
3742.06, or 3742.07 of the Revised Code, any rule adopted under	1116
this chapter that is directly related to any of the provisions of	1117
those sections, or any order issued pursuant to this chapter that	1118
is directly related to any of the provisions of those sections.	1119

(B) Upon conviction, the personindividual or business entity	1120
is subject to:	1121

(1) A fine of not more than one thousand dollars or	1122
imprisonment for not more than six months, or both, for a first	1123
offense;	1124

(2) A fine of at least one thousand but not more than five	1125
thousand dollars or imprisonment for at least six months but not	1126
more than three years, or both, for a second or subsequent	1127
offense. Each day of violation is a separate offense.	1128

Section 2. That existing sections 3742.01, 3742.02, 3742.03,	1129
3742.04, 3742.05, 3742.06, 3742.07, 3742.071, 3742.08, 3742.09,	1130
3742.10, 3742.15, 3742.16, 3742.17, 3742.18, 3742.19, 3742.35,	1131
3742.38, 3742.41, 3742.42, 3742.44, 3742.45, 3742.49, 3742.50,	1132
3742.51, and 3742.99 and sections 3742.43, 3742.46, 3742.47, and	1133
3742.48 of the Revised Code are hereby repealed.	1134