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H. B. No. 501 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Weddington, Murray, Foley, Domenick, Newcomb, Hagan, Skindell
A BILL
To amend sections 3742.01, 3742.02, 3742.03, 3742.04,
3742.05, 3742.06, 3742.07, 3742.071, 3742.08,
3742.09, 3742.10, 3742.15, 3742.16, 3742.17,
3742.18, 3742.19, 3742.35, 3742.38, 3742.41,
3742.42, 3742.44, 3742.45, 3742.49, 3742.50,
3742.51, and 3742.99, to enact section 3742.55,
and to repeal sections 3742.43, 3742.46, 3742.47,
and 3742.48 of the Revised Code regarding lead
abatement and lead-safe renovation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3742.01, 3742.02, 3742.03, 3742.04,
3742.05, 3742.06, 3742.07, 3742.071, 3742.08, 3742.09, 3742.10,
3742.15, 3742.16, 3742.17, 3742.18, 3742.19, 3742.35, 3742.38,
3742.41, 3742.42, 3742.44, 3742.45, 3742.49, 3742.50, 3742.51, and
3742.99 be amended and section 3742.55 of the Revised Code be
enacted to read as follows:
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 under section 3709.05 of the Revised Code.
(B) "Business entity" means a partnership, firm, association,
corporation, limited liability company, sole proprietorship, or
other business concern.
(C) "Child care facility" means each area of any either of
the following in which child care, as defined in section 5104.01
of the Revised Code, is provided to children under 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
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)(D) "Clearance examination" means an examination to
determine whether the lead hazards in a residential unit, child
care facility, or school have been sufficiently controlled. A
clearance examination includes a visual assessment, collection,
and analysis of environmental samples.
(D)(E) "Clearance technician" means a person, other than a
licensed lead inspector or licensed lead risk assessor, an
individual who performs a clearance examination for activities
that are not lead abatement.
(E)(F) "Clinical laboratory" means a facility for the
biological, microbiological, serological, chemical,
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.
(F)(G) "Encapsulation" means 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.
(G)(H) "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
otherwise accessible to children.
(H)(I) "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.
(I)(J) "Government entity" means the state or any of its
political subdivisions or any agency or instrumentality of either.
(K) "HEPA filter" 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
capturing particles of 0.3 microns or larger from air at 99.97 per
cent or greater efficiency.
(J)(L) "HEPA vacuum" means a vacuum cleaner that is designed
with a HEPA filter as the last filtration stage and designed so
that all air drawn into the vacuum cleaner is expelled through the
HEPA filter with no air leaking past the filter.
(M) "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, ongoing lead hazard maintenance
activities, and the establishment and operation of management and
resident education programs.
(K)(N)(1) "Lead abatement" means a measure or set of measures
designed for the single purpose of permanently eliminating lead
hazards. "Lead abatement" includes all of the following:
(a) Removal of lead-based paint and lead-contaminated dust;
(b) Permanent enclosure or encapsulation of lead-based paint;
(c) Replacement of surfaces or fixtures painted with
lead-based paint;
(d) Removal or permanent covering of lead-contaminated soil;
(e) Preparation, cleanup, and disposal activities associated
with lead abatement.
(2) "Lead abatement" does not include any of the following:
(a) Preventive treatments performed pursuant to section
3742.41 of the Revised Code;
(b) Implementation of interim controls;
(c) Activities performed by a property owner 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.
(L)(O) "Lead abatement contractor" means any individual who a
business entity or government entity that 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 lead abatement supervisors.
"Lead abatement contractor" does not include an employee of a lead
abatement contractor, or a general contractor that subcontracts a
lead abatement activity to a lead abatement contractor.
(M)(P) "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.
(N)(Q) "Lead abatement project designer" means a person an
individual who is responsible for designing lead abatement
projects and preparing
a pre-abatement plan plans for all designed
projects.
(O)(R) "Lead abatement supervisor" means an individual who is
responsible for the on-site supervision or performance of lead
abatement projects and preparing pre-abatement plans, occupant
protection plans, compliance plans, and abatement reports.
(S) "Lead abatement worker" means an individual who is
responsible in a nonsupervisory capacity for the performance of
lead abatement.
(P)(T) "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 under section 3742.50 of the Revised
Code.
(Q)(U) "Lead-contaminated dust" means dust that 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 3742.50 of the Revised Code.
(R)(V) "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
3742.50 of the Revised Code.
(S)(W) "Lead hazard" means material that is likely to cause
lead exposure and endanger an individual's health as determined by
the public health council in rules adopted under section 3742.50
of the Revised Code. "Lead hazard" includes lead-based paint,
lead-contaminated dust, lead-contaminated soil, and
lead-contaminated water pipes.
(T)(X) "Lead inspection" means a surface-by-surface
investigation to determine the presence of lead-based paint. 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.
(U)(Y) "Lead inspector" means any an individual who conducts
a lead inspection, provides professional advice regarding a lead
inspection, or prepares a report explaining the results of a lead
inspection.
(V)(Z) "Lead poisoning" means the level of lead in human
blood that is hazardous to human health, as specified in rules
adopted under section 3742.50 of the Revised Code.
(W)(AA) "Lead risk assessment" means an on-site investigation
to determine and report the existence, nature, severity, and
location of lead hazards in a residential unit, child care
facility, or school, including information gathering from the
unit, facility, or school's current property owner's knowledge
regarding the age and painting history of the
unit, facility, or
school and occupancy by children under six years of age site being
investigated, visual inspection, limited wipe sampling or other
environmental sampling techniques, and any other activity as may
be appropriate.
(X)(BB) "Lead risk assessor" means a person an individual who
is responsible for developing a written inspection, risk
assessment, and analysis plan; conducting inspections for lead
hazards in a residential unit, child care facility, or school;
interpreting results of inspections and risk assessments;
identifying hazard control strategies to reduce or eliminate lead
exposures; and completing a risk assessment report.
(Y)(CC) "Lead-safe renovation contractor" means the
supervision or performance of services for the general improvement
of all or part of an existing structure, including a residential
unit, child care facility, or school, when the services are
supervised or performed by a lead-safe renovator a business entity
or government entity that engages in renovation. "Lead-safe
renovation contractor" does not include an employee of a lead-safe
renovation contractor.
(Z)(DD) "Lead-safe renovator" means a person who has
successfully completed a training program in lead-safe renovation
approved under section 3742.47 of the Revised Code an individual
who is responsible for the on-site supervision or performance of a
renovation project and preparing specifications, plans, or
documents for a renovation project.
(AA)(EE) "Manager" means a person an individual, who may be
the same person individual as the owner, responsible for the daily
operation of a residential unit, child care facility, or school.
(BB)(FF) "Permanent" means an expected design life of at
least twenty years.
(CC)(GG)(1) "Renovation" means the modification, for
compensation, of any existing structure or portion thereof
resulting in the disturbance of painted surfaces and includes all
of the following:
(a) Removal, modification, or repair of painted surfaces or
painted components such as doors and windows;
(b) Surface preparation activities such as sanding, scraping,
or related activities that may generate paint dust;
(d) Removal of building components such as walls, ceilings,
plumbing, and windows;
(e) Weatherization projects such as cutting holes in painted
surfaces to blow in insulation or to gain access to attics or
planing thresholds to install weather stripping;
(f) Interim controls that disturb painted surfaces;
(g) Converting a building, or part of a building, into a
child-occupied facility.
(2) "Renovation" does not include either of the following:
(a) Activities performed as part of a lead abatement project;
(b) Minor repair and maintenance activities.
(HH) "Replacement" means an activity that entails removing
components such as windows, doors, and trim that have lead hazards
on their surfaces and installing components free of lead hazards.
(DD)(II) "Residential unit" means a dwelling or any part of a
building being used as an individual's private residence.
(EE)(JJ) "School" means a public or nonpublic school in which
children under six years of age receive education.
Sec. 3742.02. (A) No person individual, business entity, or
government entity 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 a residential unit, child care facility, or school, unless
the public health council has determined by rule under section
3742.50 of the Revised Code that no suitable substitute exists;
(3) Perform a lead inspection without a valid lead inspector
license issued under section 3742.05 of the Revised Code;
(4) Perform a lead risk assessment or provide professional
advice regarding lead abatement without a valid lead risk assessor
license issued under section 3742.05 of the Revised Code;
(5) Interfere with an investigation conducted by the director
of health or a board of health in accordance with section 3742.35
of the Revised Code;
(6) Perform a clearance examination without a valid clearance
technician license issued under section 3742.05 of the Revised
Code, unless the individual holds a valid lead inspector license
or valid lead risk assessor license issued under that section;
(7) Hold itself out as a lead-safe renovation contractor
without a valid lead-safe renovation contractor license issued
under section 3742.05 of the Revised Code;
(8) Act as a lead-safe renovator without a valid lead-safe
renovator license issued under section 3742.05 of the Revised
Code;
(9) Perform training for the purposes of this chapter without
a valid evidence of approval issued under section 3742.08 of the
Revised Code;
(10) Perform interim controls without complying with
standards established under 24 C.F.R. part 35 by the United States
department of housing and urban development.
(B) No person shall knowingly authorize or employ an
individual to perform lead abatement on a residential unit, child
care facility, or school unless the individual who will perform
the lead abatement holds a valid license issued under section
3742.05 of the Revised Code.
(C) No person individual, business entity, or government
entity shall do any of the following when a residential unit,
child care facility, or school is involved:
(1) Perform a lead inspection 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 without a valid lead risk assessor
license issued under section 3742.05 of the Revised Code;
(3) Act Hold itself out as a lead abatement contractor
without a valid lead abatement contractor's license issued under
section 3742.05 of the Revised Code;
(4)(2) Act as a lead abatement project designer without a
valid lead abatement project designer license issued under section
3742.05 of the Revised Code;
(5)(3) Perform lead abatement without a valid lead abatement
supervisor or valid lead abatement worker license issued under
section 3742.05 of the Revised Code;
(6) Effective one year after April 7, 2003, 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 (4) Act as a lead
abatement supervisor without a valid lead abatement supervisor
license issued under section 3742.05 of the Revised Code;
(7) Perform lead training for the licensing purposes of this
chapter without a valid approval from the director of health under
section 3742.08 of the Revised Code;
(8) Perform interim controls without complying with 24 C.F.R.
Part 35 (5) Knowingly authorize or employ an individual to perform
lead abatement on the unit, facility, or school, unless the
individual who will perform the lead abatement holds a valid
license issued under section 3742.05 of the Revised Code.
(C) No lead inspector, lead abatement contractor, lead risk
assessor, lead abatement supervisor, lead abatement project
designer, clearance technician, lead-safe renovation contractor,
or lead-safe renovator 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.
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 sections 3742.01 to 3742.19,
3742.42 to 3742.45, and 3742.99 of the Revised Code. The rules
shall specify all of the following:
(A)(1) Procedures to be followed by a lead abatement
contractor, lead abatement supervisor, 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
and procedures;
(2) Procedures to be followed by a clearance technician, lead
inspector, or lead risk assessor in performing a clearance
examination;
(3) Procedures to be followed by a lead-safe renovation
contractor or lead-safe renovator licensed under section 3742.05
of the Revised Code for undertaking renovation activities.
(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 the individuals
who hold licenses under section 3742.05 of the Revised Code.
Except in the case of clearance technicians, 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. For clearance
technicians, the training requirements to obtain an initial
license shall not exceed six hours and the requirements for
refresher training shall not exceed two hours every four years. 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 An individual certified by the American board of
industrial hygiene as a certified industrial hygienist or as an
industrial hygienist-in-training, and persons an individual
registered as a sanitarian or sanitarian-in-training under Chapter
4736. of the Revised Code, shall be exempt from any training
requirements established under this chapter for initial licensure
established under this chapter as a lead abatement supervisor,
lead abatement worker, lead abatement project designer, lead risk
assessor, lead inspector, or clearance technician, 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, except that an elementary or
secondary public or private school shall not be required to pay a
fee for licensure as a lead-safe renovation contractor;
(D)(1) Procedures to be followed by lead inspectors, lead
abatement contractors, environmental lead analytical laboratories,
lead risk assessors, lead abatement supervisors, lead abatement
project designers, and lead abatement workers to prevent public
exposure to lead hazards and ensure worker protection during lead
abatement projects;
(2) Procedures to be followed by lead-safe renovation
contractors and lead-safe renovators to prevent public exposure to
lead hazards and ensure worker protection during renovation
projects.
(E)(1)(a) Record-keeping and reporting requirements for
clinical laboratories, environmental lead analytical laboratories,
lead inspectors, lead abatement contractors, lead risk assessors,
lead abatement supervisors, lead abatement project designers, and
lead abatement workers for lead abatement projects
and
record-keeping;
(b) Record-keeping and reporting requirements for clinical
laboratories, environmental lead analytical laboratories, and
clearance technicians for clearance examinations;
(2)(c) Record-keeping and reporting requirements for
lead-safe renovation contractors and lead-safe renovators for
renovation projects;
(d) Record-keeping and reporting requirements regarding lead
poisoning for physicians, in addition to the requirements of
section 3701.25 of the Revised Code;.
(3)(2) Information that is required to be reported under
rules based on divisions (E)(1) and (2)(a) to (d) 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) Environmental sampling techniques for use in collecting
samples of air, water, dust, paint, and other materials;
(G) Requirements for a respiratory protection written
pre-abatement plan prepared in accordance with section 3742.07 of
the Revised Code;
(H) Requirements under which a manufacturer of encapsulants
must demonstrate evidence of the safety and durability of its
encapsulants by providing results of testing from an independent
laboratory indicating that the encapsulants meet the standards
developed by the "E06.23.30 task group on encapsulants," which is
the task group of the lead hazards associated with buildings
subcommittee of the performance of buildings committee of the
American society for testing and materials.
Sec. 3742.04. (A) The director of health shall do all of the
following:
(1) Administer and enforce the requirements of sections
3742.01 to 3742.19 and 3742.99 of the Revised Code this chapter
and the rules adopted pursuant to those sections under it;
(2) Examine records and reports submitted by lead inspectors,
lead abatement contractors, lead abatement supervisors, lead risk
assessors, lead abatement project designers, lead abatement
workers, lead-safe renovation contractors, 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;
(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;
(4) Issue approval to manufacturers of 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 encapsulants satisfy the
requirements established in rules adopted under division (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.
(5) Establish liaisons and cooperate with the directors or
agencies in states having lead abatement programs, including
programs with licensing, accreditation, certification, and
approval programs requirements, 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
supervisors, lead abatement workers, lead-safe renovation
contractors, 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 individuals 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) 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;
(3) Advise, consult, cooperate with, or enter into contracts
or cooperative agreements with any person individual, business
entity, 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;
(4) Conduct on-site inspections of any location at which a
lead abatement or renovation project is planned, in progress, or
completed;
(5) Conduct an on-site audit of a lead hazard training course
or lead-safe renovation training course during the time in which
the course is being conducted by a training program approved under
section 3742.08 of the Revised Code;
(6) Evaluate an individual's, a business entity's, or a
government entity's performance of activities pursuant to this
chapter;
(7) Evaluate an individual's, a business entity's, or a
government entity's compliance with 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 abatement supervisor,
lead risk assessor, lead abatement project designer, lead
abatement worker, lead-safe renovation contractor, 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 Except for lead abatement contractors and
lead-safe renovation contractors, 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, business entity, or government entity may
hold more than one license issued under this section, 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 or renovation projects, as 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, renovation projects, or clearance
examinations, as 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, business entity, or government entity
licensed, certified, or otherwise approved under federal law or
the law of another state to perform functions substantially
similar to those of a lead inspector, lead abatement contractor,
lead abatement supervisor, lead risk assessor, lead abatement
project designer, lead abatement worker, lead-safe renovation
contractor, 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, business entity, or government entity
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 Except for lead abatement
contractors and lead-safe renovation contractors, the director may
require an examination for licensure under this division.
Sec. 3742.06. All of the following apply to a residential
unit, child care facility, or school:
(A) No lead abatement contractor shall provide lead testing
services or professional advice regarding lead abatement 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.
(B) No person individual shall provide advice on the need for
lead abatement and then participate in a lead abatement project
resulting from that advice unless either of the following applies:
(1) The person individual is employed as a member of the
staff of the owner or manager of the property on which the lead
abatement is to be performed;
(2) A written contract for lead abatement is entered into
that states both of the following:
(a) The person individual was involved in the lead testing,
or in the provision of professional advice, that led to the lead
abatement contract;
(b) The party contracting for lead abatement services should
obtain a second opinion to verify any lead test results and assure
that the proposed lead abatement or project design is appropriate.
(C) No lead inspector, lead abatement contractor, lead risk
assessor, lead abatement project designer, 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 contractor or lead abatement worker
shall perform lead abatement without the on-site supervision of a
licensed lead abatement
contractor supervisor.
(E) No person shall have lead-safe renovation performed in
lieu of having lead abatement performed 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 care facility, or school, the
lead abatement contractor primarily responsible for the project
shall do all of the following:
(1) Prepare a written respiratory protection pre-abatement
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;
(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 the physician to be physically capable of working
while wearing a respirator;
(3) Ensure includes all of the following:
(a) Protection measures and management procedures that will
be taken to protect lead abatement personnel and other individuals
at the project site from exposure to lead hazards;
(b) A respiratory protection plan developed in accordance
with standards established under 29 C.F.R. 1926.62 by the United
States occupational safety and health administration;
(c) A hazard communication plan developed in accordance with
standards established under 29 C.F.R. 1910.1200 by the United
States occupational safety and health administration.
(2) Make the portion of the pre-abatement plan regarding the
protection measures and management procedures that will be taken
to protect individuals at the project site who are not lead
abatement personnel available to the department of health;
(3) Make the portion of the pre-abatement plan regarding the
protection measures and management procedures that will be taken
to protect lead abatement personnel available to all lead
abatement supervisors and workers at the project site;
(4) Ensure that each employee or agent who will come in
contact with lead hazards at the project site or will be
responsible for a the lead abatement project receives a license
and appropriate training as required by this chapter before
engaging in a the lead abatement project;
(4) At least ten days prior to the commencement of a project,
notify (5) Notify the department of health, on a form prescribed
by the director of health, of the date a the lead abatement
project will commence.
(B) During each lead abatement project, the lead abatement
contractor primarily responsible for the project shall ensure that
all persons individuals involved in the project 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. All of the following apply in the performance
of activities by persons licensed under this chapter:
(A) A lead risk assessor shall certify in writing the precise
results of a lead risk assessment and recommend options for
reducing identified lead hazards.
(B) A clearance technician may perform a clearance
examination when the examination is in connection with activities
other than a lead abatement project. A clearance examination
performed in connection with a lead abatement project shall be
performed only by a lead inspector or lead risk assessor.
(C) The director of health may issue an immediate cease work
order to a person licensed under this chapter an individual,
business entity, or government entity if the director determines
that the license holder individual or entity is violating the
terms or conditions of the license any provision of this chapter
in a manner that endangers or materially impairs the health or
well-being of an occupant of a residential unit, child care
facility, or school or a person an individual employed to perform
lead abatement activities or renovation activities.
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
supervisors, lead risk assessors, lead abatement project
designers, 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 approving training programs
and the requirements for accreditation approval, 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. 3742.09. (A) Any person desiring An individual,
business entity, or government entity seeking approval from the
director of health for an environmental lead analytical laboratory
or a clinical laboratory to perform lead testing shall submit an
application for approval to the director on forms that
he
the
director shall prescribe and provide.
(B) The director shall adopt rules in accordance with Chapter
119. of the Revised Code to establish all of the following:
(1) Procedures and criteria for approval of clinical
laboratories and environmental lead analytical
laboratoraties
laboratories, including lead testing requirements and the
qualification of laboratory owners and personnel;
(2) Fees for application for approval of laboratories;
(3) Any other requirements pertinent to the operation of a
clinical laboratory or an environmental lead analytical
laboratory.
(C) The director shall issue the appropriate approval to any
applicant who meets the requirements of division (A) of this
section and rules adopted under division (B) of this section, pays
the application fee, and demonstrates compliance with the
record-keeping and reporting requirements established by rule
adopted under section 3742.03 of the Revised Code.
(D) Each clinical laboratory approved under this section
shall report to the director the presence, at levels established
by rule adopted under section 3742.03 of the Revised Code, of
lead, cadmium, mercury, or arsenic in a blood or urine specimen.
The report shall be made on a form prescribed by the director.
Sec. 3742.10. (A) The director of health shall maintain a
list of both of the following:
(1) Lead inspectors, lead abatement contractors, lead
abatement supervisors, lead risk assessors, lead abatement project
designers, lead abatement workers, lead-safe renovation
contractors, 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. 3742.15. Any person individual 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 clearance technician
an individual, business entity, or government entity licensed
under section 3742.05 of the Revised Code, 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 the complainant's written consent. The director
may investigate the complaint and take action under this chapter
as 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 individual, business entity,
government entity, training 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 investigation made pursuant to
section 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 who
are not licensed under this chapter;
(G) Employment or use of a lead-safe renovation contractor or
lead-safe renovator who is not licensed under this chapter.
Sec. 3742.17. (A) Where any person individual, business
entity, or government entity is licensed by the department of
health to engage in lead abatement, lead inspection, lead
abatement supervision, lead risk assessment, renovation, clearance
examination, or any other activity under this chapter, the
liability of that
person individual or entity, 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 individual or entity 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 an individual or entity performing lead abatement,
lead inspection, lead abatement supervision, lead risk assessment,
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, supervision, assessment,
renovation,
examination, or other activity was performed creates a rebuttable
presumption that the acts or omissions were not negligent.
(B) Where any person individual, business entity, or
government entity contracts with a person an individual, business
entity, or government entity licensed as a lead inspector, lead
abatement contractor, lead abatement supervisor, lead risk
assessor, lead abatement project designer, lead abatement worker,
lead-safe contractor, lead-safe renovator, or clearance technician
the liability of that person individual or entity for lead-related
injuries caused by the person's contractee licensee in the
performance of lead abatement, lead inspection, lead abatement
supervision, lead risk assessment,
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 individual or entity 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 abatement
supervision, lead risk assessment, renovation, clearance
examination, or other activities for which a license is required
under this chapter.
Sec. 3742.18. 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
individual, business entity, or government entity that violates
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.
The court shall grant injunctive and other equitable relief
on a showing that the person individual, business entity, or
government entity has violated or is about to violate section
3742.02, 3742.06, or 3742.07 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. 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. (A) 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 sections 3742.01 to 3742.18 of the Revised Code;
any grant, contribution, or other moneys received for the purposes
of 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 abatement personnel licensing fund, which is
hereby created. The Except as provided in division (B) of this
section, moneys in the fund shall be used solely for the
administration and enforcement of sections 3742.01 to 3742.18 of
the Revised Code and the rules adopted under those sections.
(B) If the director of health determines that the amount in
the fund exceeds the amount necessary to cover the anticipated
expenses of administering and enforcing sections 3742.01 to
3742.18 of the Revised Code and the rules adopted under those
sections for a six-month period in the fiscal year in which the
determination is made, the director may request that the director
of budget and management transfer all or part of the excess amount
to the lead poisoning prevention fund created under section
3742.51 of the Revised Code. If the director of budget and
management agrees with the determination made by the director of
health, the director of budget and management shall transfer all
or part of the excess amount.
Sec. 3742.35. When the director of health or 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 3742.50 of the Revised Code.
In conducting the investigation, the director or board may
request permission to enter the residential unit, child 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 fails or refuses to permit entry, the
director or board may petition and obtain an order to enter the
property from a court of competent jurisdiction in the county in
which the property is located.
As part of the investigation, the director or board may
review the records and reports, if any, maintained by a lead
inspector, lead abatement contractor, lead abatement supervisor,
lead risk assessor, lead abatement project designer, lead
abatement worker, lead-safe renovation contractor, lead-safe
renovator, or clearance technician.
Sec. 3742.38. The owner and manager of a residential unit,
child 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 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 an individual, business
entity, or government entity 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. 3742.41. (A) A property constructed before January 1,
1950 1978, that is used as a residential unit, child care
facility, or school shall be legally presumed not to contain a
lead hazard and not to be the source of the lead poisoning of an
individual who resides in the unit or receives child 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
section 3742.42 of the Revised Code for the control of lead
hazards;
(2) Covers all rough, pitted, or porous horizontal surfaces
of the inhabited or occupied areas within the unit, facility, or
school with a smooth, cleanable covering or coating, such as metal
coil stock, plastic, polyurethane, carpet, or linoleum.
(B) The owner or manager of a residential unit, child 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 3742.50 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. 3742.42. (A) In completing the essential maintenance
practices portion of the preventive treatments specified in
section 3742.41 of the Revised Code, the owner or manager of a
residential unit, child care facility, or school shall do all of
the following:
(1) Use only safe work practices, which include 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)(2) Ask tenants in a residential unit, and parents,
guardians, and custodians of children in a child care facility or
school, to report concerns about potential lead hazards by
providing written notices to the tenants or parents, guardians,
and custodians or by posting notices in conspicuous locations;
(5) Perform (3) Ensure that only an individual, business
entity, or government entity licensed under this chapter performs
the following activities:
(a) Promptly and safely repairs deteriorated paint or other
building components that may cause exposure to lead and
eliminating the cause of the deterioration;
(b) Performs specialized cleaning, as described in accordance
with section 3742.45 of the Revised Code, to control
lead-contaminated dust;
(6)Cover (c) Covers any bare soil on the property, except
soil proven not to be lead-contaminated;
(d) Performs all other activities necessary for carrying out
the purposes of this section that are otherwise required by this
chapter, and rules adopted under it, to be conducted by a licensed
individual, business entity, or government entity.
(7)(4) Maintain a record of essential maintenance practices
for at least three years that documents all essential maintenance
practices;
(8) Successfully complete a training program in essential
maintenance practices that has been approved under section 3742.47
of the Revised Code.
(B) The areas of a residential unit, child care facility, or
school that are subject to division (A) of this section include
all of the following:
(1) The interior 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.
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 individual, business entity, or government
entity engage in the following activities when implementing the
essential maintenance practices portion of the preventive
treatments specified in section 3742.41 of the Revised Code:
(1)(A) Open flame burning or torching;
(2)(B) Machine sanding or grinding without a HEPA local
vacuum exhaust tool;
(3)(C) Abrasive blasting or sandblasting without a HEPA local
vacuum exhaust tool;
(4)(D) Use of a heat gun operating above one thousand one
hundred degrees fahrenheit;
(7)(G) Dry scraping, except when done as follows:
(a)(1) In conjunction with a heat gun operating at not more
than one thousand one hundred degrees fahrenheit;
(b)(2) Within one foot of an electrical outlet;
(c)(3) 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)(H) Uncontained hydroblasting or high-pressure washing;
(9)(I) 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
implementing the essential maintenance practices portion of the
preventive treatments specified in section 3742.41 of the Revised
Code, but only if licensed under this chapter or trained in
essential maintenance practices as required by 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 to
control lead-contaminated dust when implementing the essential
maintenance practices portion of the preventive treatments
specified in section 3742.41 of the Revised Code 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 An individual who uses or provides for others to
use the specialized cleaning methods specified in division (A) of
this section 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) The interior of a residential unit that is vacated by its
occupants must undergo specialized cleaning before it may be
reoccupied.
(3) A child 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) In a residential unit, child care facility, or school, on
completion of any maintenance or repair work that disturbs
surfaces suspected or known to be painted with lead-based paint,
the maintenance or repair work area must undergo specialized
cleaning if the area of the disturbed surfaces suspected or known
to be painted with lead-based paint totals more than one of the
following:
(a) Twenty square feet or two square meters on exterior
surfaces;
(b) Two square feet or two-tenths of one square meter in any
one interior room or space;
(c) Ten per cent of the total surface area on an interior or
exterior component with a small surface area, such as window
sills, baseboards, and trim.
Sec. 3742.49. 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 provide periodic notifications of the
recommendations to all
persons individuals, business entities, and
public entities 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 be used as
justification for refusing to comply with a lead hazard control
order issued under section 3742.37 of the Revised Code.
Sec. 3742.50. (A) The public health council shall adopt
rules in accordance with Chapter 119. of the Revised Code
establishing all of the following:
(1)(A) Procedures necessary for the development and operation
of the child lead poisoning prevention program established under
section 3742.31 of the Revised Code;
(2)(B) Standards and procedures for conducting investigations
and risk assessments under sections 3742.35 and 3742.36 of the
Revised Code;
(3)(C) 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)(D) The level of lead in human blood that is hazardous to
human health, consistent with the guidelines issued by the centers
for disease control and prevention in the public health service of
the United States department of health and human services;
(5)(E) The level of lead in paint, dust, and soil that is
hazardous to human health;
(6)(F) Standards and procedures to be followed when
implementing preventive treatments for the control of lead hazards
pursuant to section 3742.41 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
preventive treatments;
(7)(G) Standards that must be met to pass a clearance
examination;
(8) Procedures for approving under section 3742.47 of the
Revised Code training programs in essential maintenance practices
and lead-safe renovation and requirements, in addition to those
specified in section 3742.47 of the Revised Code, that a program
must meet to receive approval;
(9) The examination to be administered by a training program
approved under section 3742.47 of the Revised Code and the
examination's passing score.
(B) The public health council shall establish procedures for
revising its rules to ensure that the child 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
child lead poisoning prevention.
Sec. 3742.51. (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
3742.50
3742.45 of the Revised Code and the rules adopted under those
sections. The fund shall also include any amounts transferred to
the fund under section 3742.19 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 child 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 lead abatement performed or
having the preventive treatments specified in section 3742.41 of
the Revised Code performed.
Sec. 3742.55. In adopting rules under this chapter, the
public health council shall do both of the following:
(A) Adopt rules that are at least as stringent as the
regulations 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 lead poisoning prevention.
(B) Modify the rules as necessary to ensure that this state
continues to meet the requirements necessary to obtain any federal
funds available for activities pertaining to lead poisoning
prevention, 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 such activities.
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 an individual or
business entity that violates any provision of section 3742.02,
3742.06, or 3742.07 of the Revised Code, any rule adopted under
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 individual or business entity
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 3742.01, 3742.02, 3742.03,
3742.04, 3742.05, 3742.06, 3742.07, 3742.071, 3742.08, 3742.09,
3742.10, 3742.15, 3742.16, 3742.17, 3742.18, 3742.19, 3742.35,
3742.38, 3742.41, 3742.42, 3742.44, 3742.45, 3742.49, 3742.50,
3742.51, and 3742.99 and sections 3742.43,
3742.46, 3742.47, and
3742.48 of the Revised Code are hereby repealed.
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