Ohio Code 3742.04 – Director of health – powers and duties
(A) The director of health shall do all of the following:
Terms Used In Ohio Code 3742.04
- 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 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
- Oversight: Committee review of the activities of a Federal agency or program.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- state: means the state of Ohio. See Ohio Code 1.59
- United States: includes all the states. See Ohio Code 1.59
(1) Administer and enforce the requirements of sections 3742.01 to 3742.19 and 3742.99 of the Revised Code and the rules adopted pursuant to those sections;
(2) Examine records and reports submitted by lead inspectors, lead abatement contractors, lead risk assessors, lead abatement project designers, lead abatement workers, 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 pursuant to rules adopted under section 3742.03 of the Revised Code and by clinical laboratories and environmental lead analytical laboratories under section 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 director regarding durability and safety to workers and residents.
(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, 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) 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, 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.