Ohio Code 3742.02 – Prohibited acts
(A) No person shall do any of the following:
Terms Used In Ohio Code 3742.02
- 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. See Ohio Code 3742.01
- Child: includes child by adoption. See Ohio Code 1.59
- Child care facility: means each area of any of the following in which child care, as defined in section 5104. See Ohio Code 3742.01
- Clearance examination: means an examination to determine whether the lead hazards in a residential unit, child care facility, or school have been sufficiently controlled. See Ohio Code 3742.01
- Clearance technician: means a person, other than a licensed lead inspector or licensed lead risk assessor, who performs a clearance examination. See Ohio Code 3742.01
- Interim controls: means a set of measures designed to reduce temporarily human exposure or likely human exposure to lead hazards. See Ohio Code 3742.01
- 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. See Ohio Code 3742.01
- 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. See Ohio Code 3742.01
- 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. See Ohio Code 3742.01
- 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. See Ohio Code 3742.01
- Lead abatement worker: means an individual who is responsible in a nonsupervisory capacity for the performance of lead abatement. See Ohio Code 3742.01
- Lead inspection: means a surface-by-surface investigation to determine the presence of lead-based paint. See Ohio Code 3742.01
- 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. See Ohio Code 3742.01
- 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 owner's knowledge regarding the age and painting history of the unit, facility, or school and occupancy by children under six years of age, visual inspection, limited wipe sampling or other environmental sampling techniques, and any other activity as may be appropriate. See Ohio Code 3742.01
- Lead risk assessor: means a person 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. See Ohio Code 3742.01
- 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 that level is established in rules adopted under section 3742. See Ohio Code 3742.01
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Residential unit: includes a residential rental unit. See Ohio Code 3742.01
- Rule: includes regulation. See Ohio Code 1.59
- School: means a public or nonpublic school in which children under six years of age receive education. See Ohio Code 3742.01
(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 director of health has determined by rule under section 3742.45 of the Revised Code that no suitable substitute exists;
(3) 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.
(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 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 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 without a valid lead abatement project designer license issued under section 3742.05 of the Revised Code;
(5) Perform lead abatement without a 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;
(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.