Ohio Code 3742.37 – Lead hazard control order
(A) If the results of a risk assessment conducted under section 3742.36 of the Revised Code indicate that one or more lead hazards identified in a residential unit, child care facility, or school are contributing to a child’s lead poisoning, the director of health or authorized board of health immediately shall issue an order to have each lead hazard in the property controlled. The areas of the unit, facility, or school that may be subject to the lead hazard control order include the following:
Terms Used In Ohio Code 3742.37
- 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
- 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
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- 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 hazard: includes lead-based paint, lead-contaminated dust, lead-contaminated soil, and lead-contaminated water pipes. See Ohio Code 3742.01
- Lead poisoning: means the level of lead in human blood that is hazardous to human health, as specified in rules adopted under section 3742. 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
- 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
(1) The interior and exterior 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, including garages, play equipment, and fences;
(3) The lot or land that the unit, facility, or school occupies.
(B) A lead hazard control order issued under this section shall be in writing and in the form the director shall prescribe. The director or board shall specify in the order each lead hazard to be controlled and the date by which the unit, facility, or school must pass a clearance examination demonstrating that each lead hazard has been sufficiently controlled. The director or board may include in the order a requirement that occupants of the unit, facility, or school whose health may be threatened vacate the unit, facility, or school until the unit, facility, or school passes the clearance examination.
The director or board shall have the order delivered to the owner and manager of the unit, facility, or school. If the order applies to a building in which there is more than one residential unit, the director or board shall have a copy of the order delivered to the occupants of each unit or require that the owner or manager of the building deliver a copy of the order to the occupants of each unit. If the order applies to a child care facility or school, the director or board shall have a copy of the order delivered to the parent, guardian, or custodian of each child under six years of age who receives child care or education at the facility or school or require the owner or manager of the facility or school to have a copy of the order so delivered.