Ohio Code 3742.06 – Contractor restrictions
All of the following apply to a residential unit, child care facility, or school:
Terms Used In Ohio Code 3742.06
- 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 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
- Contract: A legal written agreement that becomes binding when signed.
- 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. 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 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 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
- Manager: means a person, who may be the same person as the owner, responsible for the daily operation of a residential unit, child care facility, or school. See Ohio Code 3742.01
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Property: means real and personal property. See Ohio Code 1.59
- Residential unit: includes a residential rental unit. See Ohio Code 3742.01
- School: means a public or nonpublic school in which children under six years of age receive education. See Ohio Code 3742.01
(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 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 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 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 worker shall perform lead abatement without the on-site supervision of a licensed lead abatement contractor.
(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.