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H. B. No. 248As Introduced
As Introduced
124th General Assembly | Regular Session | 2001-2002 |
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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; (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; (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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