130th Ohio General Assembly
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H. B. No. 248As Introduced
As Introduced

124th General Assembly
Regular Session
2001-2002
H. B. No. 248


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



A BILL
To amend sections 3314.03, 3318.031, 3742.01 to 3742.08, 3742.10 to 3742.19, and 3742.99; to amend, for the purpose of adopting new section numbers as indicated in parentheses, sections 3742.11 (3742.31), 3742.12 (3742.35), and 3742.13 (3742.34); to enact sections 3701.61, 3742.071, 3742.161, 3742.32, and 3742.36 to 3742.52 of the Revised Code with respect to the prevention of childhood lead poisoning; and to repeal section 3742.32 of the Revised Code to cause the advisory council created under section 3742.32 to expire December 31, 2004.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1.  That sections 3314.03, 3318.031, 3742.01, 3742.02, 3742.03, 3742.04, 3742.05, 3742.06, 3742.07, 3742.08, 3742.10, 3742.11, 3742.12, 3742.13, 3742.14, 3742.15, 3742.16, 3742.17, 3742.18, 3742.19, and 3742.99 be amended; sections 3742.11 (3742.31), 3742.12 (3742.35), and 3742.13 (3742.34) be amended for the purpose of adopting new section numbers as indicated in parentheses; and sections 3701.61, 3742.071, 3742.161, 3742.32, 3742.36, 3742.37, 3742.38, 3742.39, 3742.40, 3742.41, 3742.42, 3742.43, 3742.44, 3742.45, 3742.46, 3742.47, 3742.48, 3742.49, 3742.50, 3742.51, and 3742.52 of the Revised Code be enacted to read as follows:
Sec. 3314.03.  (A) Each contract entered into under section 3314.02 of the Revised Code between a sponsor and the governing authority of a community school shall specify the following:
(1) That the school shall be established as a nonprofit corporation established under Chapter 1702. of the Revised Code;
(2) The education program of the school, including the school's mission, the characteristics of the students the school is expected to attract, the ages and grades of students, and the focus of the curriculum;
(3) The academic goals to be achieved and the method of measurement that will be used to determine progress toward those goals, which shall include the statewide proficiency tests;
(4) Performance standards by which the success of the school will be evaluated by the sponsor;
(5) The admission standards of section 3314.06 of the Revised Code;
(6) Dismissal procedures;
(7) The ways by which the school will achieve racial and ethnic balance reflective of the community it serves;
(8) Requirements and procedures for financial audits by the auditor of state. The contract shall require financial records of the school to be maintained in the same manner as are financial records of school districts, pursuant to rules of the auditor of state, and the audits shall be conducted in accordance with section 117.10 of the Revised Code.
(9) The facilities to be used and their locations;
(10) Qualifications of teachers, including a requirement that the school's classroom teachers be licensed in accordance with sections 3319.22 to 3319.31 of the Revised Code, except that a community school may engage noncertificated persons to teach up to twelve hours per week pursuant to section 3319.301 of the Revised Code;
(11) That the school will comply with the following requirements:
(a) The school will provide learning opportunities to a minimum of twenty-five students for a minimum of nine hundred twenty hours per school year;
(b) The governing authority will purchase liability insurance, or otherwise provide for the potential liability of the school;
(c) The school will be nonsectarian in its programs, admission policies, employment practices, and all other operations, and will not be operated by a sectarian school or religious institution;
(d) The school will comply with sections 9.90, 9.91, 109.65, 121.22, 149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 3301.0711, 3301.0714, 3313.50, 3313.643, 3313.66, 3313.661, 3313.662, 3313.67, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.80, 3313.96, 3319.321, 3319.39, 3321.01, 3327.10, 4111.17, and 4113.52 and Chapters 117., 1347., 2744., 3365., 3742., 4112., 4123., 4141., and 4167. of the Revised Code as if it were a school district;
(e) The school shall comply with Chapter 102. of the Revised Code except that nothing in that chapter shall prohibit a member of the school's governing board from also being an employee of the school and nothing in that chapter or section 2921.42 of the Revised Code shall prohibit a member of the school's governing board from having an interest in a contract into which the governing board enters;
(f) The school will comply with sections 3313.61 and 3313.611 of the Revised Code, except that the requirement in those sections that a person must successfully complete the curriculum in any high school prior to receiving a high school diploma may be met by completing the curriculum adopted by the governing authority of the community school rather than the curriculum specified in Title XXXIII of the Revised Code or any rules of the state board of education;
(g) The school governing authority will submit an annual report of its activities and progress in meeting the goals and standards of divisions (A)(3) and (4) of this section and its financial status to the sponsor, the parents of all students enrolled in the school, and the legislative office of education oversight. The school will collect and provide any data that the legislative office of education oversight requests in furtherance of any study or research that the general assembly requires the office to conduct, including the studies required under Section 50.39 of Am. Sub. H.B. 215 of the 122nd general assembly and Section 50.52.2 of Am. Sub. H.B. 215 of the 122nd general assembly, as amended.
(12) Arrangements for providing health and other benefits to employees;
(13) The length of the contract, which shall begin at the beginning of an academic year and shall not exceed five years;
(14) The governing authority of the school, which shall be responsible for carrying out the provisions of the contract;
(15) A financial plan detailing an estimated school budget for each year of the period of the contract and specifying the total estimated per pupil expenditure amount for each such year. The plan shall specify for each year the base formula amount that will be used for purposes of funding calculations under section 3314.08 of the Revised Code. This base formula amount for any year shall not exceed the formula amount defined under section 3317.02 of the Revised Code. The plan may also specify for any year a percentage figure to be used for reducing the per pupil amount of disadvantaged pupil impact aid calculated pursuant to section 3317.029 of the Revised Code the school is to receive that year under section 3314.08 of the Revised Code.
(16) Requirements and procedures regarding the disposition of employees of the school in the event the contract is terminated or not renewed pursuant to section 3314.07 of the Revised Code;
(17) Whether the school is to be created by converting all or part of an existing public school or is to be a new start-up school, and if it is a converted public school, specification of any duties or responsibilities of an employer that the board of education that operated the school before conversion is delegating to the governing board of the community school with respect to all or any specified group of employees provided the delegation is not prohibited by a collective bargaining agreement applicable to such employees;
(18) Provisions establishing procedures for resolving disputes or differences of opinion between the sponsor and the governing authority of the community school;
(19) A provision requiring the governing authority to adopt a policy regarding the admission of students who reside outside the district in which the school is located. That policy shall comply with the admissions procedures specified in section 3314.06 of the Revised Code and, at the sole discretion of the authority, shall do one of the following:
(a) Prohibit the enrollment of students who reside outside the district in which the school is located;
(b) Permit the enrollment of students who reside in districts adjacent to the district in which the school is located;
(c) Permit the enrollment of students who reside in any other district in the state.
(B) The community school shall also submit to the sponsor a comprehensive plan for the school. The plan shall specify the following:
(1) The process by which the governing authority of the school will be selected in the future;
(2) The management and administration of the school;
(3) If the community school is a currently existing public school, alternative arrangements for current public school students who choose not to attend the school and teachers who choose not to teach in the school after conversion;
(4) The instructional program and educational philosophy of the school;
(5) Internal financial controls.
(C) A contract entered into under section 3314.02 of the Revised Code between a sponsor and the governing authority of a community school may provide for the community school governing authority to make payments to the sponsor, which is hereby authorized to receive such payments as set forth in the contract between the governing authority and the sponsor.
Sec. 3318.031.  The Ohio school facilities commission shall consider student and staff safety and health when reviewing design plans for classroom facility construction projects proposed under this chapter. After consulting with appropriate education, health, and law enforcement personnel, the commission may require as a condition of project approval under section 3318.03 of the Revised Code such changes in the design plans as the commission believes will advance or improve student and staff safety and health in the proposed classroom facility.
To carry out its duties under this section, the commission shall review and, if necessary, amend any construction and design standards used in its project approval process, including standards for location and number of exits, standards for lead safety in classroom facilities constructed before 1978 in which services are provided to children under six years of age, and location of restrooms, with a focus on advancing student and staff safety and health.
Sec. 3701.61.  As used in this section, "lead poisoning" has the same meaning as in section 3742.01 of the Revised Code.
Each child at risk of lead poisoning shall undergo a blood lead screening test to determine whether the child has lead poisoning. The at-risk children shall undergo the test at times determined by rules the public health council shall adopt in accordance with Chapter 119. of the Revised Code. The rules shall specify which children are at risk of lead poisoning.
Neither this section nor the rules adopted under it affect the coverage of lead blood screening tests by any publicly funded health program, including the medicaid program established by Chapter 5111. of the Revised Code.
Sec. 3742.01.  As used in this chapter:
(A) "Board of health" means the board of health of a city or general health district or the authority having the duties of a board of health in a city as authorized by section 3709.05 of the Revised Code.
(B) "Child day-care facility" means each area of any of the following in which child day-care, as defined in section 5104.01 of the Revised Code, is provided to children less than six years of age:
(1) A child day-care center, type A family day-care home, or type B family day-care home as defined in section 5104.01 of the Revised Code;
(2) A type C family day-care home authorized to provide child day-care by Sub. H.B. 62 of the 121st general assembly, as amended by Am. Sub. S.B. 160 of the 121st general assembly and Sub. H.B. 407 of the 123rd general assembly;
(3) A preschool program or school child program as defined in section 3301.52 of the Revised Code.
(C) "Clearance examination" means an examination conducted following a lead abatement or lead-safe renovation to determine whether the lead hazards in a residential unit, child day-care facility, or school have been sufficiently controlled according to standards established in rules adopted under section 3742.49 of the Revised Code. A clearance examination includes a visual assessment, collection, and analysis of environmental samples.
(D) "Clearance technician" means a person, other than a licensed lead inspector or licensed lead risk assessor, who performs a clearance examination.
(E) "Clinical laboratory" means a facility for the biological, microbiological, seriological serological, chemical, immunoheatological immunohematological, hematological, biophysical, cytological, pathological, or other examination of substances derived from the human body for the purpose of providing information for the diagnosis, prevention, or treatment of any disease, or in the assessment or impairment of the health of human beings. "Clinical laboratory" does not include a facility that only collects or prepares specimens, or serves as a mailing service, and does not perform testing.
(B)(F) "Encapsulation" means a method of lead abatement or lead-safe renovation that involves the coating and sealing of surfaces with durable surface coating specifically formulated to be elastic, able to withstand sharp and blunt impacts, long-lasting, and resilient, while also resistant to cracking, peeling, algae, fungus, and ultraviolet light, so as to prevent any part of lead-containing paint from becoming part of house dust or otherwise accessible to children.
(C)(G) "Enclosure" means the resurfacing or covering of surfaces with durable materials such as wallboard or paneling, and the sealing or caulking of edges and joints so as to prevent or control chalking, flaking, peeling, scaling, or loose lead-containing substances from becoming part of house dust or accessible to children.
(D)(H) "Environmental lead analytical laboratory" means a facility that analyzes air, dust, soil, water, paint, film, or other substances, other than substances derived from the human body, for the presence and concentration of lead.
(E)(I) "HEPA" means the designation given to a product, device, or system that has been equipped with a high-efficiency particulate air filter, which is a filter capable of removing particles of 0.3 microns or larger from air at 99.97 per cent or greater efficiency.
(J) "Interim controls" means a set of measures designed to reduce temporarily human exposure or likely human exposure to lead hazards. Interim controls include specialized cleaning, repairs, painting, temporary containment, clearance, ongoing lead hazard maintenance activities, and the establishment and operation of management and resident education programs.
(K)(1) "Lead abatement" means a measure or set of measures, including the following, designed and intended to eliminate for the single purpose of permanently eliminating lead hazards. "Lead abatement" includes all of the following:
(1)(a) Removal, encapsulation, or enclosure of lead hazards lead-based paint and lead-contaminated dust;
(2)(b) Permanent enclosure or encapsulation of lead-based paint;
(c) Replacement of lead-contaminated surfaces or fixtures painted with lead-based paint;
(3)(d) Removal or permanent covering of lead-contaminated soil;
(4)(e) Preparation, cleanup, and disposal, and postabatement activities associated with the lead abatement.
(2) "Lead abatement" does not include any of the following:
(a) Essential maintenance practices and preventive treatments performed pursuant to section 3742.46 of the Revised Code;
(b) Activities performed by a property owner or the property owner's agent on a residential unit to which both of the following apply:
(i) It is a freestanding single-family home used as the property owner's private residence.
(ii) No child under six years of age who has lead poisoning resides in the unit.
(c) Lead-safe renovations performed and supervised by a lead-safe renovator;
(d) Implementation of interim controls.
(F)(L) "Lead abatement contractor" means any individual who engages in or intends to engage in lead abatement and employs or supervises one or more lead abatement workers, including on-site supervision of lead abatement projects, or prepares specifications, plans, or documents for a lead abatement project.
(G)(M) "Lead abatement project" means one or more lead abatement activities that are conducted by a lead abatement contractor and are reasonably related to each other.
(H)(N) "Lead abatement project designer" means a person who is responsible for designing lead abatement projects and preparing a pre-abatement plan for all designed projects.
(I)(O) "Lead abatement worker" means an individual who is responsible in a nonsupervisory capacity for the performance of lead abatement.
(J)(P) "Lead-based paint" means any paint or other similar surface-coating substance containing lead at or in excess of the level that is hazardous to human health as established by rule of the public health council in accordance with section 3742.03 3742.49 of the Revised Code.
(K)(Q) "Lead-contaminated dust" means dust in or on structures that contain contains an area or mass concentration of lead at or in excess of the level that is hazardous to human health as established by rule of the public health council under section 3742.03 3742.49 of the Revised Code.
(L)(R) "Lead-contaminated soil" means soil that contains lead at or in excess of the level that is hazardous to human health as established by rule of the public health council under section 3742.03 3742.49 of the Revised Code.
(M)(S) "Lead hazard" means material that may is likely to cause lead exposure and may endanger an individual's health as determined by the public health council in rules adopted under section 3742.03 3742.49 of the Revised Code. "Lead hazard" includes lead-based paint, lead-contaminated dust, lead-contaminated soil, and lead-contaminated water pipes.
(N)(T) "Lead inspection" means a surface-by-surface investigation to determine the presence of lead-based paint and the provision of a report explaining the results lead hazards. The inspection shall use a sampling or testing technique approved by the public health council in rules adopted by the council under section 3742.03 of the Revised Code. A licensed lead inspector or laboratory approved under section 3742.09 of the Revised Code shall certify in writing the precise results of the inspection.
(O)(U) "Lead inspector" means any individual who conducts a lead inspection, provides professional advice regarding a lead inspection, or prepares a report explaining the results of a lead inspection.
(P)(V) "Lead poisoning" means the level of lead in human blood that is hazardous to human health, as specified in rules adopted under section 3742.03 3742.49 of the Revised Code.
(Q)(W) "Lead risk assessment" means an on-site investigation to determine and report the existence, nature, severity, and location of lead-based paint lead hazards in structures a residential unit, child day-care facility, or school, including information gathering from the unit, facility, or school's current owner's knowledge regarding the age and painting history of the structure unit, facility, or school and occupancy by children under age six years of age, visual inspection, limited wipe sampling or other environmental sampling techniques, and other activity as may be appropriate, and provision of a report explaining the results of the investigation.
(R)(X) "Lead risk assessor" means a person who is responsible for developing a written inspection, risk assessment, and analysis plan; conducting inspections for lead-based paint lead hazards in a structure residential unit, child day-care facility, or school; taking post-abatement soil and dust clearance samples and evaluating the results; interpreting results of inspections and risk assessments; identifying hazard control strategies to reduce or eliminate lead exposures; and completing a risk assessment report.
(S)(Y) "Lead-safe renovation" means a general improvement of all or part of an existing residential unit, child day-care facility, or school in which the permanent elimination of a lead hazard is incidental rather than the single purpose of the improvement. Lead-safe renovation includes the removal or modification of surfaces or components painted with lead-based paint, the removal of large structures, and window replacement.
(Z) "Lead-safe renovator" means a person who performs or supervises a lead-safe renovation in a residential unit, child day-care facility, or school.
(AA) "Manager" means a person, who may be the same person as the owner, responsible for the daily operation of a structure residential unit, child day-care facility, or school.
(T)(BB) "Permanent" means an expected design life of at least twenty years.
(CC) "Replacement" means a lead abatement activity that entails removing components such as windows, doors, and trim that have lead-based paint lead hazards on their surfaces and installing new or de-leaded components free of lead-based paint lead hazards.
(U) "Structure" means any house, apartment, or building, used as an individual's private residence or commonly used as a place of education or child day-care center for children under six years of age, including all of the following:
(1) The interior and exterior surfaces and all common areas of the structure;
(2) Every attached or unattached structure located within the same lot line, including garages, play equipment, and fences;
(3) The lot or land occupied by the structure (DD) "Residential unit" means a dwelling or any part of a building being used as an individual's private residence.
(EE) "School" means a public or non-public school in which children less than six years of age receive education.
Sec. 3742.02.  (A) No person shall do any of the following:
(1) Violate any provision of this chapter or the rules adopted pursuant to it;
(2) Apply or cause to be applied any lead-based paint on or inside any structure a residential unit, child day-care facility, or school, unless the public health council has determined by rule under section 3742.03 3742.49 of the Revised Code that no suitable substitute exists;
(3) Interfere with an inspection investigation conducted by the director of health or a board of health in accordance with section 3742.11 or 3742.12 3742.35 of the Revised Code.
(B) No person shall knowingly authorize or employ any an individual to perform lead abatement on a structure residential unit, child day-care facility, or school unless that the individual who will perform the lead abatement holds a valid license issued under section 3742.05 of the Revised Code.
(C) Without an appropriate valid license issued under section 3742.05 of the Revised Code, no No person shall do any of the following when a residential unit, child day-care facility, or school is involved:
(1) Perform a lead inspection or hold himself out as a lead inspector without a valid lead inspector license issued under section 3742.05 Of the Revised Code;
(2) Perform a lead risk assessment, or provide professional advice regarding lead abatement, or hold himself out as a lead risk assessor without a valid lead risk assessor license issued under section 3742.05 Of the Revised Code;
(3) Act as a lead abatement contractor or hold himself out as a lead abatement contractor without a valid lead abatement contractor's license issued under section 3742.05 of the Revised Code;
(4) Act as a lead abatement project designer or hold himself out as a lead abatement project designer without a valid lead abatement project designer license issued under section 3742.05 of the Revised Code;
(5) Perform or hold himself out as providing lead abatement without a valid lead abatement worker license issued under section 3742.05 of the Revised Code;
(6) Effective one year after the effective date of this amendment, perform a clearance examination without a valid clearance technician license issued under section 3742.05 of the Revised Code, unless the person holds a valid lead inspector license or valid lead risk assessor license issued under that section;
(7) Effective one year after the effective date of this amendment, perform or supervise a lead-safe renovation without a valid lead-safe renovator license issued under section 3742.05 of the Revised Code;
(8) Perform lead training for the purposes of this chapter without a valid approval from the director of health under section 3742.08 of the Revised Code.
(D) This section does not apply to any individual performing lead abatement on a structure, or on the portion of the structure, that is used as his private residence.
Sec. 3742.03.  The public health council shall adopt rules in accordance with Chapter 119. of the Revised Code for the administration and enforcement of this chapter sections 3742.01 to 3742.19 and 3742.99 of the Revised Code. The rules shall specify all of the following:
(A) Procedures to be followed by any individual a lead abatement contractor, lead abatement project designer, lead abatement worker, lead inspector, or lead risk assessor licensed under section 3742.05 of the Revised Code for undertaking lead abatement activities; a lead-safe renovator in performing or supervising a lead-safe renovation; or clearance technician, lead inspector, or lead risk assessor in performing a clearance examination;
(B)(1) Requirements for training and licensure, in addition to those established under section 3742.08 of the Revised Code, to include levels of training and periodic refresher training for each class of worker, and to be used for licensure under section 3742.05 of the Revised Code. These requirements shall include at least twenty-four classroom hours of training based on the Occupational Safety and Health Act training program for lead set forth in 29 C.F.R. 1926.62. In establishing the training and licensure requirements, the public health council shall consider the core of information that is needed by all licensed persons, and establish the training requirements so that persons who would seek licenses in more than one area would not have to take duplicative course work.
(2) Persons certified by the American board of industrial hygiene as a certified industrial hygienist or as an industrial hygienist-in-training, and persons registered as a sanitarian or sanitarian-in-training under Chapter 4736. of the Revised Code, shall be exempt from any training requirements for initial licensure established under this chapter, but shall be required to take any examinations for licensure required under section 3742.05 of the Revised Code.
(C) Fees for licenses issued under section 3742.05 of the Revised Code and for their renewal;
(D) Procedures to be followed by lead inspectors, lead abatement contractors, environmental lead analytical laboratories, lead risk assessors, lead abatement project designers, and lead abatement workers, lead-safe renovators, and clearance technicians to prevent public exposure to lead hazards and ensure worker protection during lead abatement projects or lead-safe renovations;
(E)(1) Record-keeping and reporting requirements for clinical laboratories, environmental lead analytical laboratories, lead inspectors, lead abatement contractors, lead risk assessors, lead abatement project designers, and lead abatement workers, lead-safe renovators, and clearance technicians for lead abatement projects, lead-safe renovations, or clearance examinations;
(2) Record-keeping and reporting requirements regarding lead poisoning for physicians, in addition to the requirements of section 3701.25 of the Revised Code;
(3) Information that is required to be reported under rules based on divisions (E)(1) and (2) of this section and that is a medical record is not a public record under section 149.43 of the Revised Code and shall not be released, except in aggregate statistical form.
(F) Procedures for inspections conducted by the director of health or a board of health under section 3742.12 or 3742.13 of the Revised Code;
(G) The level of lead in lead-based paint, lead-contaminated dust, and lead-contaminated soil that is hazardous to human health;
(H) The level of lead in human blood that is hazardous to human health according to information obtained from the centers for disease control and prevention in the public health service of the United States department of health and human services;
(I) Environmental sampling techniques for use in collecting samples of air, water, dust, paint, and other materials;
(J)(G) Requirements for a respiratory protection plan prepared in accordance with section 3742.07 of the Revised Code;
(K)(H) Requirements under which a manufacturer of a lead abatement system or product encapsulants must demonstrate evidence of the safety and durability of its system or product encapsulants by providing results of testing from an independent laboratory indicating that the system or product meets encapsulants meet the standards developed for the particular system or product by the E06.23 subcommittee "E06.23.30 task group on encapsulants," which is the task group of the lead-paint abatement subcommittee of the performance of buildings committee of the American society for testing and materials;
(L) Procedures to be followed by the public health council in revising its rules to ensure that lead-hazard activities meeting the provisions of this chapter continue to be eligible for federal funding and meet the requirements promulgated by regulation by the United States environmental protection agency, the United States department of housing and urban development, and other federal agencies that may have jurisdiction over lead hazards;
(M)(I) Any other requirements the council considers appropriate for the administration or enforcement of this chapter sections 3742.01 to 3742.19 and 3742.99 of the Revised Code.
Sec. 3742.04.  (A) The director of health shall do all of the following:
(1) Administer and enforce the requirements of this chapter sections 3742.01 to 3742.19 and 3742.99 of the Revised Code and the rules adopted pursuant to it those sections;
(2)(a) Conduct research and disseminate information on the number, extent, and general geographic location of lead-contaminated structures, which may include a statewide survey and may include the establishment of a unit for the collection and analysis of data on lead-hazard detection and lead-hazard reduction activities, including the licensing, certification, accreditation, approval, and enforcement activities under this chapter;
(b) Update information and data collected or disseminated under division (A)(2)(a) of this section to include the results of an inspection or assessment conducted pursuant to section 3742.14 of the Revised Code, when a report based on that inspection is provided to the director pursuant to rules adopted by the public health council under section 3742.03 of the Revised Code.
(3) Examine records and reports submitted by lead inspectors, lead abatement contractors, lead risk assessors, lead abatement project designers, and lead abatement workers, lead-safe renovators, and clearance technicians in accordance with section 3742.05 of the Revised Code to determine whether the requirements of this chapter are being met;
(4)(3) Examine records and reports submitted by physicians, clinical laboratories, and environmental lead analytical laboratories under section 3701.25 or 3742.09 of the Revised Code;
(5)(4) Issue approval to manufacturers of lead abatement systems or products encapsulants that have done all of the following:
(a) Submitted an application for approval to the director on a form prescribed by the director;
(b) Paid the application fee established by the director;
(c) Submitted results from an independent laboratory indicating that the manufacturer's system or product satisfies encapsulants satisfy the requirements established in rules adopted under division (K)(H) of section 3742.03 of the Revised Code;
(d) Complied with rules adopted by the public health council regarding durability and safety to workers and residents.
(6)(5) Establish liaisons and cooperate with the directors or agencies in states having lead abatement, licensing, accreditation, certification, and approval programs to promote consistency between the requirements of this chapter and those of other states in order to facilitate reciprocity of the programs among states;
(6) Establish a program to monitor and audit the quality of work of lead inspectors, lead risk assessors, lead abatement project designers, lead abatement contractors, lead abatement workers, lead-safe renovators, and clearance technicians. The director may refer improper work discovered through the program to the attorney general for appropriate action.
(B) In addition to any other authority granted by this chapter, the director of health may do any of the following:
(1) Employ persons who have received training from a program the director has determined provides the necessary background. The appropriate training may be obtained in a state that has an ongoing lead abatement program under which it conducts educational programs.
(2) Conduct or cooperate with other state agencies to conduct programs of public education on the nature and consequences of lead hazards and on the need for lead-hazard reduction activities to be conducted under careful supervision by licensed and accredited personnel;
(3) Cooperate with the United States environmental protection agency in any joint oversight procedures the agency may propose for laboratories that offer lead analysis services and are accredited under the agency's laboratory accreditation program;
(4)(3) Advise, consult, cooperate with, or enter into contracts or cooperative agreements with any person, government entity, interstate agency, or the federal government as the director considers necessary to fulfill the requirements of this chapter and the rules adopted under it.
Sec. 3742.05.  (A)(1) The director of health shall issue lead inspector, lead abatement contractor, lead risk assessor, lead abatement project designer, and lead abatement worker, lead-safe renovator, and clearance technician licenses. The director shall issue a license to an applicant who meets all of the following requirements:
(a) Submits an application to the director on a form prescribed by the director;
(b) Meets the licensing and training requirements established by the public health council under section 3742.03 of the Revised Code;
(c) Successfully completes the licensing examination for the applicant's area of expertise administered under section 3742.08 of the Revised Code and any training required by the director under that section;
(d) Pays the license fee established by the public health council under section 3742.03 of the Revised Code;
(e) Provides the applicant's social security number and any information the director may require to demonstrate the applicant's compliance with this chapter and the rules adopted under it.
(2) An individual may hold more than one license issued under this division, but a separate application is required for each license.
(B) A license issued under this section expires two years after the date of issuance. The director shall renew a license in accordance with the standard renewal procedure set forth in Chapter 4745. of the Revised Code, if the licensee does all of the following:
(1) Continues to meet the requirements of division (A) of this section;
(2) Demonstrates compliance with procedures to prevent public exposure to lead hazards and for worker protection during lead abatement projects, lead-safe renovations, or clearance examinations established by rule adopted by the public health council under section 3742.03 of the Revised Code;
(3) Meets the record-keeping and reporting requirements for lead abatement projects, lead-safe renovations, or clearance examinations established by rule adopted by the public health council under section 3742.03 of the Revised Code;
(4) Pays the license renewal fee established by rule adopted by the public health council under section 3742.03 of the Revised Code.
(C) An individual licensed, certified, or otherwise approved under the law of another state to perform functions substantially similar to those of a lead inspector, lead abatement contractor, lead risk assessor, lead abatement project designer, or lead abatement worker, lead-safe renovator, or clearance technician may apply to the director of health for licensure in accordance with the procedures set forth in division (A) of this section. The director shall license an individual under this division on a determination that the standards for licensure, certification, or approval in that state are at least substantially equivalent to those established by this chapter and the rules adopted under it. The director may require an examination for licensure under this division.
Sec. 3742.06.  (A) All of the following apply to a residential unit, child day-care facility, or school:
(A) No lead abatement contractor shall provide lead testing services or professional advice regarding lead abatement, and no lead-safe renovator shall provide lead testing services or professional advice regarding lead-safe renovation, unless that service or advice is provided by a lead inspector or lead risk assessor who is licensed under section 3742.05 of the Revised Code and is employed by the lead abatement contractor or lead-safe renovator.
(B) No person shall provide advice on the need for lead abatement in a structure or lead-safe renovation and then participate in the a lead abatement project on that structure or lead-safe renovation resulting from that advice unless either of the following applies:
(1) The person is employed as a member of the staff of the owner or manager of the structure property on which the lead abatement or lead-safe renovation is to be performed;
(2) A written contract for lead abatement or lead-safe renovation is entered into that states both of the following:
(a) The person was involved in the lead testing of the structure, or in the provision of professional advice, that led to the lead abatement or lead-safe renovation contract;
(b) The party contracting for lead abatement or lead-safe renovation services should obtain a second opinion to verify any lead test results and assure that the proposed lead abatement or lead-safe renovation project design is appropriate.
(C) No lead inspector, lead abatement contractor, lead risk assessor, or lead abatement project designer, lead-safe renovator, or clearance technician shall use the services of an environmental lead analytical laboratory that has not been approved by the director of health under section 3742.09 of the Revised Code.
(D) No lead abatement worker shall perform lead abatement without the on-site supervision of a licensed lead abatement contractor.
(E) No person shall perform or supervise a lead-safe renovation in lieu of a lead abatement on a property at which a lead-poisoned child under six years of age has been identified.
Sec. 3742.07.  (A) Prior to engaging in any lead abatement project on a residential unit, child day-care facility, or school, the lead abatement contractor primarily responsible for the project shall do all of the following:
(A)(1) Prepare a written respiratory protection plan that meets requirements established by rule adopted under section 3742.03 of the Revised Code and make the plan available to the department of health and all lead abatement workers at the project site;
(B)(2) Ensure that each lead abatement worker who is or will be involved in a lead abatement project has been examined by a licensed physician within the preceding calendar year and has been declared by him the physician to be physically capable of working while wearing a respirator;
(C)(3) Ensure that each employee or agent who will come in contact with lead hazards or will be responsible for a lead abatement project receives a license and appropriate training as required by this chapter before engaging in a lead abatement project;
(D)(4) At least ten days prior to the commencement of a project, notify the department of health, on a form prescribed by the director of health, of the date a lead abatement project will commence.
(B) During each lead abatement project or lead-safe renovation, the lead abatement contractor or lead-safe renovator primarily responsible for the project or renovation shall ensure that all persons involved in the project or renovation follow the worker protection standards established under 29 C.F.R. 1926.62 by the United States occupational safety and health administration.
Sec. 3742.071. A lead risk assessor licensed under section 3742.05 of the Revised Code or an environmental lead analytical laboratory or clinical laboratory approved under section 3742.09 of the Revised Code shall certify in writing the precise results of a lead risk assessment and options for reducing identified lead hazards.
Sec. 3742.08.  (A)(1) The director of health shall conduct, specify requirements by rule, or approve training programs for licensure of lead inspectors, lead abatement contractors, lead risk assessors, lead abatement project designers, and lead abatement workers, lead-safe renovators, and clearance technicians. In accordance with Chapter 119. of the Revised Code, the director shall adopt rules establishing all of the following:
(a) A system for accreditation of training programs and the requirements for accreditation, including curriculum requirements, hour requirements, hands-on training requirements, trainee competency and proficiency requirements, and requirements for quality control;
(b) Fees for application for approval of a training program and for participating in any program conducted by the director;
(c) Any other requirements pertinent to the operation of a training program.
(2) Each applicant for approval of a training program shall submit a completed application to the director on a form the director shall prescribe and provide. The director shall issue evidence of approval to each applicant who meets the requirements of division (A)(1) of this section and the criteria for approval established by rule adopted under this section and pays the fee.
(B) The director shall administer examinations for licensure under this chapter by conducting examinations, contracting pursuant to section 3701.044 of the Revised Code for another entity to conduct the examinations, or approving examinations. In accordance with Chapter 119. of the Revised Code, the director shall adopt rules specifying requirements for the administration of licensing examinations. The rules shall include requirements regarding the qualifications of examination administrators, fees to cover the cost of conducting the examinations, and any other requirements pertinent to the examinations.
If the director implements a system of approving examinations, the rules shall include procedures and criteria for approval and fees for the approval. Each applicant for approval shall submit a completed application to the director on a form the director shall prescribe and provide. The director shall issue evidence of approval to each applicant who meets the criteria for approval established in rules adopted under this division.
Sec. 3742.10.  (A) The director of health shall maintain a list of both of the following:
(1) Lead inspectors, lead abatement contractors, lead risk assessors, lead abatement project designers, and lead abatement workers, lead-safe renovators, and clearance technicians licensed under this chapter;
(2) Training programs approved under section 3742.08 of the Revised Code.
(B) Information contained in any list maintained under this section is a public record for the purposes of section 149.43 of the Revised Code and is subject to inspection and copying under section 1347.08 of the Revised Code.
Sec. 3742.14.  Any property owner or manager may, at any time, may employ a lead inspector or lead risk assessor to conduct an a lead inspection or an; a lead risk assessor to conduct a lead risk assessment; or a clearance technician, lead inspector, or lead risk assessor to conduct a clearance examination of a structure the property, and may provide a copy of the report based on that inspection or, assessment, or examination to the director of health pursuant to rules adopted by the public health council under section 3742.03 of the Revised Code. The director shall include the information in the record of the property pursuant to division (A)(2)(b) of section 3742.04 of the Revised Code.
Sec. 3742.15.  Any person may file a complaint with the director of health concerning a lead inspector, a lead abatement contractor, a lead risk assessor, a lead abatement project designer, a lead abatement worker, a lead-safe renovator, a clearance technician, a clinical laboratory, an environmental lead analytical laboratory, or a training course. The complainant's name shall be confidential and shall not be released without his the complainant's written consent. The director may investigate the complaint and take action under this chapter as he the director considers appropriate.
Sec. 3742.16.  In accordance with Chapter 119. of the Revised Code, the director of health may refuse to issue or renew, or may suspend or revoke, a license, an accreditation or certification, or an approval of any person, program, or laboratory for one or more of the following reasons:
(A) Violation of any provision of this chapter or the rules adopted under it;
(B) Failure to pay the fee for the issuance or renewal of a license, an accreditation or certification, or an approval;
(C) Any material misrepresentation in an application for a license, an accreditation or certification, or an approval;
(D) Interference with an inspection investigation made pursuant to section 3742.12 or 3742.13 3742.35 of the Revised Code;
(E) Failure to meet the licensing requirements established by rule adopted under section 3742.03 of the Revised Code;
(F) Employment or use of lead abatement personnel that are not licensed under this chapter.
Sec. 3742.161. The director of health may issue an immediate cease work order to a person holding a license issued under section 3742.05 of the Revised Code if the director determines that the license holder is violating the terms or conditions of the license in a manner that endangers or materially impairs the health or well-being of an occupant of a residential unit, child day-care facility, or school or a person employed to perform a lead abatement or lead-safe renovation.
Sec. 3742.17.  (A) Where any person is licensed by the department of health to engage in lead abatement, lead inspection, lead risk assessment, lead-safe renovation, clearance examination, or any other activity under this chapter, the liability of that person, when performing the activity in accordance with procedures established pursuant to state or federal law, for an injury to any individual or property caused or related to the activity shall be limited to acts or omissions of the person during the course of performing the activity that can be shown, based on a preponderance of the evidence, to have been negligent. For the purposes of this section, the demonstration that acts or omissions of a person performing lead abatement, lead inspection, lead risk assessment, lead-safe renovation, clearance examination, or other activities under this chapter were in accordance with generally accepted practice and with procedures established by state or federal law at the time the abatement, inspection, assessment, renovation, examination, or other activity was performed creates a rebuttable presumption that the acts or omissions were not negligent.
(B) Where any person contracts with a person licensed as a lead inspector, lead abatement contractor, lead risk assessor, lead abatement project designer, or lead abatement worker, lead-safe renovator, or clearance technician the liability of that person for lead-related injuries caused by his the person's contractee in the performance of lead abatement, lead inspection, lead risk assessment, lead-safe renovation, clearance examination, or other activities under this chapter shall be limited to those lead-related injuries arising from acts or omissions that the person knew, or could reasonably have been expected to know, were not in accordance with generally accepted practices or with procedures established by state or federal law at the time the activity took place.
(C) Notwithstanding any other provisions of the Revised Code or rules of a court to the contrary, this section governs all claims for lead-related injuries to individuals or property arising from lead abatement, lead inspection, lead risk assessment, lead-safe renovation, clearance examination, or other activities under this chapter.
Sec. 3742.18.  (A) At the request of the director of health, the attorney general may commence a civil action for civil penalties and injunctive and other equitable relief against any person who violates this chapter section 3742.02, 3742.06, or 3742.07 Of the Revised Code. The action shall be commenced in the court of common pleas of the county in which the violation occurred or is about to occur. Any person affected by a lead hazard created in a residential unit, child day-care facility, or school as a result of the violation may intervene in the action as a matter of right.
(B) The court shall grant injunctive and other equitable relief on a showing that a the person has violated or is about to violate this chapter section 3742.02, 3742.06, or 3742.07 of the Revised Code. On
(C) On a finding of a violation, the court shall assess a civil penalty of not more than one thousand dollars. Each day a violation continues is a separate violation. With the exception of the civil penalties that the court awards to a person who intervenes in the action, all civil penalties collected by the court under this section shall be deposited into the state treasury to the credit of the lead abatement personnel licensing fund created under section 3742.19 of the Revised Code.
Sec. 3742.19.  Except for any licensing examination fee collected and retained by an entity under contract pursuant to division (B) of section 3742.08 of the Revised Code, all fees collected under this chapter and sections 3742.01 to 3742.18 of the Revised Code; any grant, contribution, or other moneys received for the purposes of this chapter those sections; and fines collected under section 3742.99 of the Revised Code shall be deposited into the state treasury to the credit of the lead program abatement personnel licensing fund, which is hereby created. The moneys in the fund shall be used solely for the administration and enforcement of this chapter sections 3742.01 to 3742.18 of the Revised Code and the rules adopted under it those sections.
Sec. 3742.11 3742.31 (A) The director of health shall establish, promote, and maintain a child There is hereby created within the department of health the childhood lead poisoning prevention program. In accordance with rules adopted by the public health council under section 3742.03 of the Revised Code, the The program shall provide statewide coordination of do all of the following as part of statewide-coordinated efforts to identify and prevent lead poisoning in children, especially children under six years of age:
(1) Oversee blood lead screenings;
(2) Distribute money in the lead poisoning prevention fund created under section 3742.52 of the Revised Code;
(3) Operate a comprehensive educational and community outreach program that is directed at parents, property owners, tenants, contractors, health care professionals, and child day-care providers and focused on areas the program determines to have a high risk for childhood lead poisoning;
(4) Provide information regarding lead hazards, methods of reducing risks of childhood lead poisoning by controlling lead hazards, and procedures to obtain screening, diagnosis, and treatment services for children under age six. The director shall collect years of age;
(5) Develop a case management system to coordinate services available for children with lead poisoning and the children's families. The social security number of a child screened, diagnosed, or treated shall be collected as part of the case management system.
(6) Collect and disseminate information relating to child childhood lead poisoning and controlling lead abatement hazards;
(7) In accordance with a methodology the director of health selects, conduct research pertaining to childhood lead poisoning that does all of the following:
(a) Identifies the extent to which lead hazards are present in this state and the areas within the state where the risk of childhood lead poisoning is the greatest;
(b) Determines the most effective methods of identifying children with lead poisoning and preventing lead poisoning among the children at greatest risk;
(c) Evaluates the state's capacity to deliver services to children with lead poisoning and the children's families;
(d) Sets priorities in efforts to prevent childhood lead poisoning so that the resources available for education, screening, case management, investigations, and lead hazard control may be concentrated in areas with the greatest need and on activities that may have the greatest impact;
(e) Examines any other issue the director and advisory council appointed under section 3742.32 of the Revised Code consider relevant.
(B) On or before the first day of March of each year, the director of health shall submit a report of the activities of the child lead poisoning prevention program to the governor and to the members of the general assembly The director of health shall operate the childhood lead poisoning prevention program in accordance with rules adopted under section 3742.49 of the Revised Code. The director may enter into an interagency agreement with one or more other state agencies to perform one or more of the program's duties. The director shall supervise and direct an agency's performance of such a duty.
Sec. 3742.32. The director of health shall appoint an advisory council to assist in the development and implementation of the childhood lead poisoning prevention program created under section 3742.31 of the Revised Code. The advisory council's membership shall include individuals with expertise or personal interest in preventing childhood lead poisoning. The director may reimburse the advisory council's members for actual and necessary expenses incurred in attending the advisory council's meetings.
The advisory council shall do both of the following:
(A) Provide the director with advice regarding the policies the childhood lead poisoning prevention program should emphasize, preferred methods of financing the program, and any other matter relevant to the program's operation;
(B) Submit a report of the program's activities to the governor, president of the senate, and speaker of the house of representatives on or before the first day of each March.
Sec. 3742.13 3742.34 (A) As used in this section, "board of health" means the board of health of a city or general health district, or the authority having the duties of a board of health in any city as authorized by section 3709.05 of the Revised Code.
(B) If the director of health determines that a board of health can satisfactorily enforce section 3742.12 sections 3742.35 to 3742.40 of the Revised Code, he the director may delegate his the authority to enforce that section those sections to the board. The director may revoke his the delegation of authority at any time by written notice delivered to the board of health by certified mail.
Sec. 3742.12 3742.35 (A) The When the director of health or his authorized representative may at any reasonable time request that an occupant, or, if the structure is not occupied, the owner or manager, permit him to enter a structure where the director suspects lead poisoning has occurred due to the report of an elevated blood lead level of a child, and perform a lead inspection in accordance with procedures established by rule adopted under section 3742.03 of the Revised Code.
(B) If any a board of health authorized to enforce sections 3742.35 to 3742.40 of the Revised Code becomes aware that an individual under six years of age has lead poisoning, the director or board shall conduct an investigation to determine the source of the lead poisoning. The director or board may conduct such an investigation when the director or board becomes aware that an individual six years of age or older has lead poisoning. The director or board shall conduct the investigation in accordance with rules adopted under section 3742.49 of the Revised Code.
In conducting the investigation, the director or board may request permission to enter the residential unit, child day-care facility, or school that the director or board reasonably suspects to be the source of the lead poisoning. If the property is occupied, the director or board shall ask the occupant for permission. If the property is not occupied, the director or board shall ask the property owner or manager for permission. If the occupant, owner, or manager of a structure fails or refuses to permit entry to the structure, the director or his authorized representative board may petition and obtain an order to inspect the structure property from the common pleas a court of competent jurisdiction in the county in which the structure property is located.
(C) As part of an inspection under this section the investigation, the director or his authorized representative board may review the records and reports, if any, maintained under section 3742.03 of the Revised Code by a lead inspector, lead abatement contractor, lead risk assessor, lead abatement project designer, or lead abatement worker, lead-safe renovator, or clearance technician.
Sec. 3742.36.  When the director of health or an authorized board of health determines pursuant to an investigation conducted under section 3742.35 of the Revised Code that a residential unit, child day-care facility, or school is a possible source of a child's lead poisoning, the director or board shall conduct a risk assessment of that property in accordance with rules adopted under section 3742.49 of the Revised Code.
Sec. 3742.37. (A) If the results of a risk assessment conducted under section 3742.36 of the Revised Code indicate that one or more lead hazards identified in a residential unit, child day-care facility, or school are contributing to a child's lead poisoning, the director of health or authorized board of health immediately shall issue an order to have each lead hazard in the property controlled. The areas of the unit, facility, or school that may be subject to the lead hazard control order include the following:
(1) The interior and exterior surfaces and all common areas of the unit, facility, or school;
(2) Every attached or unattached structure located within the same lot line as the unit, facility, or school, including garages, play equipment, and fences;
(3) The lot or land that the unit, facility, or school occupies.
(B) A lead hazard control order issued under this section shall be in writing and in the form the director shall prescribe. The director or board shall specify in the order each lead hazard to be controlled and the date by which the unit, facility, or school must pass a clearance examination demonstrating that each lead hazard has been sufficiently controlled. When specifying the date by which the unit, facility, or school must pass the clearance examination, the director or board shall take into consideration whether the child whose lead poisoning initiated the investigation of the unit, facility, or school is the victim of an environmental hazard or immediate medical emergency as determined in accordance with rules adopted under section 3742.49 of the Revised Code. The director or board may include in the order a requirement that occupants of the unit, facility, or school whose health may be threatened vacate the unit, facility, or school until the unit, facility, or school passes the clearance examination.
The director or board shall have the order delivered to the owner and manager of the unit, facility, or school. If the order applies to a building with more than one residential unit, the director or board shall have a copy of the order delivered to each unit or require that the owner or manager of the building deliver a copy of the order to each unit. If the order applies to a child day-care facility or school, the director or board shall have a copy of the order delivered to the parent, guardian, or custodian of each child under six years of age who receives child day-care or education at the facility or school or require the owner or manager of the facility or school to have a copy of the order so delivered.
Sec. 3742.38. The owner and manager of a residential unit, child day-care facility, or school that is subject to a lead hazard control order issued under section 3742.37 of the Revised Code shall cooperate with the director of health or board of health that issued the order in controlling each lead hazard specified in the order. The owner or manager shall choose a method of controlling each lead hazard that enables the residential unit, child day-care facility, or school to pass a clearance examination. The method chosen may be the owner or manager's personal preference, a proposal made by a person under contract with the owner or manager, or a recommendation that the director or board may provide. The owner or manager shall inform the director or board of the method that the owner or manager chooses to control each lead hazard.
Sec. 3742.39. A residential unit, child day-care facility, or school remains subject to a lead hazard control order issued under section 3742.37 of the Revised Code until the unit, facility, or school passes a clearance examination. After the unit, facility, or school passes the clearance examination, the director of health or board of health that issued the order shall provide the owner and manager of the unit, facility, or school with information on methods of maintaining control of each lead hazard specified in the order. In the case of a residential unit in which an individual who is not the owner or manager resides, the director or board also shall provide the information to the individual residing in the unit.
Sec. 3742.40. If the owner and manager of a residential unit, child day-care facility, or school fails or refuses for any reason to comply with a lead hazard control order issued under section 3742.37 of the Revised Code, the director of health or board of health that issued the order shall issue an order prohibiting the owner and manager from permitting the unit, facility, or school to be used as a residential unit, child day-care facility, or school until the unit, facility, or school passes a clearance examination. On receipt of the order, the owner or manager shall take appropriate measures to notify each occupant, in the case of a residential unit, and the parent, guardian, or custodian of each child attending the facility or school, in the case of a child day-care facility or school, to vacate the unit, facility, or school until the unit, facility, or school passes a clearance examination. The director or board shall post a sign at the unit, facility, or school that warns the public that the unit, facility, or school has a lead hazard. The sign shall include a declaration that the unit, facility, or school is unsafe for human occupation, especially for children under six years of age and pregnant women. The director or board shall ensure that the sign remains posted at the unit, facility, or school and that the unit, facility, or school is not used as a residential unit, child day-care facility, or school until the unit, facility, or school passes a clearance examination.
Sec. 3742.41.  (A) Except as provided in division (B) of this section, effective two years after the effective date of this section, no owner of a property constructed before January 1, 1950, that is used as a residential unit, child day-care facility, or school shall fail to implement, or have the manager of the unit, facility, or school implement, all of the following essential maintenance practices for the control of lead hazards:
(1) Use only safe work practices, which includes compliance with section 3742.44 of the Revised Code, to prevent the spread of lead-contaminated dust;
(2) Perform visual examinations for deteriorated paint, underlying damage, and other conditions that may cause exposure to lead;
(3) Promptly and safely repair deteriorated paint or other building components that may cause exposure to lead and eliminate the cause of the deterioration;
(4) Ask tenants in a residential unit, and parents, guardians, and custodians of children in a child day-care facility or school, to report concerns about potential lead hazards by posting notices in conspicuous locations and by annually providing written notices to the tenants or parents, guardians, or custodians;
(5) Perform specialized cleaning in accordance with section 3742.45 of the Revised Code to control lead-contaminated dust;
(6) Cover any bare soil on the property, except soil proven not to be lead-contaminated;
(7) Maintain an affidavit of essential maintenance practices for at least three years that document all essential maintenance practices. The director may require that the affidavit be notarized.
(B) Division (A) of this section does not apply to any of the following:
(1) The owner of a freestanding single-family home occupied by the owner;
(2) The owner or manager of a residential unit designated for and used exclusively by senior citizens or disabled adults and only as a residence;
(3) The owner or manager of a one-room residential unit designed for single-occupancy and used exclusively by an adult and only as a residence.
(C) The areas of a residential unit, child day-care facility, or school that are subject to division (A) of this section include all of the following:
(1) The interior and exterior surfaces and all common areas of the unit, facility, or school;
(2) Every attached or unattached structure located within the same lot line as the unit, facility, or school that the owner or manager considers to be associated with the operation of the unit, facility, or school, including garages, play equipment, and fences;
(3) The lot or land that the unit, facility, or school occupies.
(D) A person who violates division (A) of this section is subject to section 3742.50 and division (A)(2) of section 3742.51 of the Revised Code.
Sec. 3742.42. (A) A property constructed before January 1, 1950, that is used as a residential unit, child day-care facility, or school shall be legally presumed not to contain a lead hazard and not be the source of the lead poisoning of an individual who resides in the unit or receives child day-care or education at the facility or school if the owner or manager of the unit, facility, or school successfully completes both of the following preventive treatments:
(1) Follows the essential maintenance practices specified in division (A) of section 3742.41 of the Revised Code;
(2) Covers all horizontal surfaces within the unit, facility, or school that are rough, pitted, or porous with a smooth, cleanable covering or coating, such as metal coil stock, plastic, polyurethane, or linoleum.
(B) The owner or manager of a residential unit, child day-care facility, or school has successfully completed the preventive treatments specified in division (A) of this section if the unit, facility, or school passes a clearance examination in accordance with standards for passage established by rules adopted under section 3742.49 of the Revised Code.
(C) The legal presumption established under this section is rebuttable in a court of law only on a showing of clear and convincing evidence to the contrary.
Sec. 3742.43. A person who implements essential maintenance practices shall do all of the following in the area of the residential unit, child day-care facility, or school in which the essential maintenance practices are being performed:
(A) Allow only persons performing the essential maintenance practices access to the area;
(B) Cover the area with six mil polyethylene plastic or its equivalent;
(C) Protect workers;
(D) Protect occupants' belongings by covering or removing them from the area;
(E) Wet down all painted surfaces before disturbing the surfaces;
(F) Wet down debris before sweeping or vacuuming.
Sec. 3742.44.  (A) The following activities shall be considered unsafe work practices due to the likelihood that engaging in the activities will create lead hazards, and in no event shall any person engage in the following activities when implementing essential maintenance practices or preventive treatments:
(1) Open flame burning or torching;
(2) Machine sanding or grinding without a HEPA local vacuum exhaust tool;
(3) Abrasive blasting or sandblasting without a HEPA local vacuum exhaust tool;
(4) Use of a heat gun operating above one thousand one hundred degrees fahrenheit;
(5) Charring paint;
(6) Dry sanding;
(7) Dry scraping, except when done as follows:
(a) In conjunction with a heat gun operating at no more than one thousand one hundred degrees fahrenheit;
(b) Within one foot of an electrical outlet;
(c) To treat defective paint spots totaling not more than two square feet in an interior room or space or twenty square feet on an exterior surface.
(8) Uncontained hydroblasting or high-pressure washing;
(9) Paint stripping in a poorly ventilated space using a volatile stripper that is considered a hazardous substance under 16 C.F.R. 1500.3 or a hazardous chemical under 29 C.F.R. 1910.1200 or 29 C.F.R. 1926.59 in the type of work being performed.
(B) A person may engage in the following activities when performing essential maintenance practices or preventive treatments, but only if licensed under this chapter:
(1) Machine sanding or grinding performed with a HEPA local vacuum exhaust tool;
(2) Abrasive blasting or sandblasting performed with a HEPA local vacuum exhaust tool;
(3) Hydroblasting or high-pressure washing if the activity is contained.
Sec. 3742.45.  (A) Specialized cleaning methods used as essential maintenance practices or preventive treatments to control lead-contaminated dust may include any of the following:
(1) Cleaning potentially lead-contaminated surfaces with a detergent;
(2) Vacuuming potentially lead-contaminated surfaces with a HEPA vacuum;
(3) Covering potentially lead-contaminated soil.
(B) A person who uses or provides for others to use specialized cleaning methods as an essential maintenance practice or preventive treatment shall ensure that the cleaning is performed as follows:
(1) The common areas of a building with more than one residential unit must undergo specialized cleaning at least annually, including hallways, stairways, laundry rooms, recreational rooms, playgrounds, boundary fences, and other portions of the building and its surroundings that are generally accessible to all residents.
(2) A residential unit that is vacated by its occupants must undergo specialized cleaning before it may be reoccupied.
(3) A child day-care facility or school must undergo specialized cleaning at least annually at a time when children are not present at the facility or school.
(4) A residential unit, child day-care facility, or school must undergo specialized cleaning on the completion of any maintenance or repair work that disturbs lead-contaminated dust.
Sec. 3742.46.  Except as provided in division (B) of section 3742.44 of the Revised Code, essential maintenance practices and preventive treatments need not be performed by an individual who is licensed as a lead abatement contractor, lead abatement worker, or lead-safe renovator under this chapter. Any person, other than a licensed lead abatement contractor, lead abatement worker, or lead-safe renovator, who performs or supervises essential maintenance practices or preventive treatments must have successfully completed a not more than one-day training program approved by the director of health under section 3742.47 of the Revised Code in the identification and control of lead hazards.
Sec. 3742.47.  (A) A person seeking approval of a not more than one-day training program in the identification and control of lead hazards shall apply for approval to the director of health. The application shall be made on a form prescribed by the director and shall include the fee established under division (B) of this section. The director shall issue approval to the applicant if the training program meets the requirements established by rules adopted under section 3742.49 of the Revised Code.
(B) The director of health shall establish an application fee for approving not more than one-day training programs under this section. The fee shall be reasonable and shall not exceed the expenses incurred in conducting the approval of training programs. An application fee submitted under division (A) of this section is nonrefundable.
Sec. 3742.48.  The director of health, in consultation with the individual authorized by the governor to act as the state historic preservation officer, shall develop recommendations for controlling lead hazards that take into consideration the historic nature of the property in which the hazards are located. The director shall advise property owners, property managers, and others of the recommendations by including them in the educational materials distributed through the childhood lead poisoning prevention program established under section 3742.31 of the Revised Code. The director shall provide periodic notifications of the recommendations to all persons licensed under this chapter. All lead hazard control orders issued under section 3742.37 of the Revised Code shall inform the recipient of the recommendations developed under this section.
In no event shall a person use the recommendations as justification for refusing to comply with a lead hazard control order issued under section 3742.37 of the Revised Code.
Sec. 3742.49.  (A) The public health council shall adopt rules in accordance with Chapter 119. of the Revised Code establishing all of the following:
(1) Procedures necessary for the development and operation of the childhood lead poisoning prevention program established under section 3742.31 of the Revised Code;
(2) Standards and procedures for conducting investigations and risk assessments under sections 3742.35 and 3742.36 of the Revised Code;
(3) Standards and procedures for issuing lead hazard control orders under section 3742.37 of the Revised Code, including standards and procedures for determining appropriate deadlines for complying with lead hazard control orders;
(4) The method of determining whether a child whose lead poisoning initiates an investigation of a residential unit, child day-care facility, or school is the victim of an environmental hazard or immediate medical emergency;
(5) The level of lead in human blood that is hazardous to human health, based on information obtained from the centers for disease control and prevention in the public health service of the United States department of health and human services;
(6) The level of lead in paint, dust, and soil that is hazardous to human health;
(7) Standards and procedures to be followed when implementing essential maintenance practices or preventive treatments for the control of lead hazards pursuant to sections 3742.41 and 3742.42 of the Revised Code that are based on information from the United States environmental protection agency, department of housing and urban development, occupational safety and health administration, or other agencies with recommendations or guidelines regarding implementation of essential maintenance practices or preventive treatments;
(8) Standards that must be met to pass a clearance examination;
(9) Procedures for approving under section 3742.47 of the Revised Code not more than one-day training programs in the identification and control of lead hazards and requirements a program must meet to receive approval.
(B) The public health council shall establish procedures for revising its rules to ensure that the childhood lead poisoning prevention activities conducted under this chapter continue to meet the requirements necessary to obtain any federal funding available for those activities, including requirements established by the United States environmental protection agency, United States department of housing and urban development, or any other federal agency with jurisdiction over activities pertaining to childhood lead poisoning prevention.
Sec. 3742.50.  At the request of the director of health, the attorney general may commence a civil action for civil penalties and injunctive and other equitable relief against a person who violates division (A) of section 3742.41 of the Revised Code. The action shall be commenced in a court of competent jursidiction in the county in which the violation occurred or is about to occur. Any person affected by a lead hazard created in a residential unit, child day-care facility, or school as a result of the violation may intervene in the action as a matter of right.
The court shall grant injunctive and other equitable relief on a showing that the person has violated or is about to violate division (A) of section 3742.41 of the Revised Code. On a finding of a violation, the court shall assess a civil penalty of not more than one thousand dollars. Each day a violation continues is a separate violation, unless the court determines that the person is making a good faith effort to end the violation. With the exception of the civil penalties that the court awards to a person who intervenes in the action, all civil penalties collected by the court under this section shall be deposited into the state treasury to the credit of the lead poisoning prevention fund created under section 3742.52 of the Revised Code.
Sec. 3742.51.  (A)(1) Any person affected by a lead hazard in a residential unit, child day-care facility, or school may petition a court of competent jurisdiction in the county where the unit, facility, or school is located for an injunction enjoining another person from allowing the lead hazard to be created or to continue to exist. The court shall grant the injunctive relief on a showing that the lead hazard exists.
(2) Any person affected by a lead hazard in a residential unit, child day-care facility, or school may commence a civil action for civil penalties against a person who violates division (A) of section 3742.41 of the Revised Code. The action shall be commenced in a court of competent jurisdiction in the county where the unit, facility, or school is located. The director of health or board of health may intervene in the action as a matter of right.
The court shall grant the relief sought on a showing that the person has violated division (A) of section 3742.41 of the Revised Code. On a finding of a violation, the court shall assess a civil penalty of not more than one thousand dollars. Each day a violation continues is a separate violation, unless the court determines that person is making a good faith effort to end the violation.
In addition to assessing a civil penalty, the court may award to the person who commenced the action the costs of litigation, including reasonable attorney's and expert witness fees, if the court determines an award of that nature is appropriate.
(B) No action may be commenced under division (A) of this section sooner than thirty days after the person intending to bring the action has given notice to the person against whom the action will be brought and to the director of health or board of health with jurisdiction in the case, except that an action may be brought immediately after notification of the person and the director or board if the action is being brought on behalf of a child identified with lead poisoning.
(C) Nothing in this section abridges or alters any rights of action or civil or criminal penalties existing in equity, under the common law, or by statute. The injunctive and other relief granted under this section is in addition to any other remedies available to the person affected by the lead hazard.
Sec. 3742.52.  (A) There is hereby created in the state treasury the lead poisoning prevention fund. The fund shall include all moneys appropriated to the department of health for the administration and enforcement of sections 3742.31 to 3742.51 of the Revised Code and the rules adopted under those sections and all civil penalties awarded to the department of health or a board of health under section 3742.50 or 3742.51 of the Revised Code. Any grants, contributions, or other moneys collected by the department for purposes of preventing lead poisoning shall be deposited in the state treasury to the credit of the fund.
(B) Moneys in the fund shall be used solely for the purposes of the childhood lead poisoning prevention program established under section 3742.31 of the Revised Code, including providing financial assistance to individuals who are unable to pay for the following:
(1) Costs associated with obtaining lead tests and lead poisoning treatment for children under six years of age who are not covered by private medical insurance or are underinsured, are not eligible for the medicaid program established under Chapter 5111. of the Revised Code or any other government health program, and do not have access to another source of funds to cover the cost of lead tests and any indicated treatments;
(2) Costs associated with having essential maintenance practices, preventive treatments, or lead abatement performed.
Sec. 3742.99.  (A) At the request of the director of health or a board of health, a prosecuting attorney, city director of law, village solicitor, or similar chief legal officer may commence a criminal action against any person who violates any provision of this chapter section 3742.02, 3742.06, or 3742.07 of the Revised Code, any rule adopted under it this chapter that is directly related to any of the provisions of those sections, or any order issued pursuant to this chapter that is directly related to any of the provisions of those sections.
(B) Upon conviction, the person is subject to:
(1) A fine of not more than one thousand dollars or imprisonment for not more than six months, or both, for a first offense;
(2) A fine of at least one thousand but not more than five thousand dollars or imprisonment for at least six months but not more than three years, or both, for a second or subsequent offense. Each day of violation is a separate offense.
Section 2.  That existing sections 3314.03, 3318.031, 3742.01, 3742.02, 3742.03, 3742.04, 3742.05, 3742.06, 3742.07, 3742.08, 3742.10, 3742.11, 3742.12, 3742.13, 3742.14, 3742.15, 3742.16, 3742.17, 3742.18, 3742.19, and 3742.99 of the Revised Code are hereby repealed.
Section 3.  The Superintendent of Insurance, not later than one year after the effective date of this act, shall determine the extent to which insurance policies are available in this state that provide property owners and lead abatement contractors with coverage of any liability they may have with regard to lead hazards, lead poisoning, efforts to control lead hazards, and the results of lead abatement projects. If the Superintendent determines that the market for such liability insurance has not developed, the Superintendent shall take appropriate measures to encourage the development of liability insurance policies to meet those needs.
Section 4.  Section 3742.32 of the Revised Code is repealed effective December 31, 2004.
Section 5.  Section 3314.03 of the Revised Code is presented in this act as a composite of the section as amended by both Am. Sub. H.B. 121 and Am. Sub. H.B. 282 of the 123rd General Assembly. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the composite is the resulting version of the section in effect prior to the effective date of the section as presented in this act.
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