Ohio Code 3742.071 – Certifying results of lead risk assessment and options for reducing identified lead hazards
All of the following apply in the performance of activities by persons licensed under this chapter:
Terms Used In Ohio Code 3742.071
- Child: includes child by adoption. See Ohio Code 1.59
- 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
- in writing: includes any representation of words, letters, symbols, or figures; this provision does not affect any law relating to signatures. See Ohio Code 1.59
- 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
- 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
- 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
- School: means a public or nonpublic school in which children under six years of age receive education. See Ohio Code 3742.01
(A) A lead risk assessor shall certify in writing the precise results of a lead risk assessment and 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 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 care facility, or school or a person employed to perform lead abatement.