Ohio Code 3742.40 – Prohibiting use of unit, facility, or school
If the owner and manager of a residential unit, child care facility, or school fails or refuses for any reason to comply with a lead hazard control order issued under section 3742.37 of the Revised Code, the director of health or board of health that issued the order shall issue an order prohibiting the owner and manager from permitting the unit, facility, or school to be used for any purpose until the unit, facility, or school passes a clearance examination. On receipt of the order, the owner or manager shall take appropriate measures to notify each occupant, in the case of a residential unit, and the parent, guardian, or custodian of each child attending the facility or school, in the case of a child care facility or school, to vacate the unit, facility, or school until the unit, facility, or school passes a clearance examination. The director or board shall post a sign at the unit, facility, or school that warns the public that the unit, facility, or school has a lead hazard. The sign shall include a declaration that the unit, facility, or school is unsafe for human occupation, especially for children under six years of age and pregnant women. The director or board shall ensure that the sign remains posted at the unit, facility, or school and that the unit, facility, or school is not used until the unit, facility, or school passes a clearance examination.
Terms Used In Ohio Code 3742.40
- 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
- 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.
- Lead hazard: includes lead-based paint, lead-contaminated dust, lead-contaminated soil, and lead-contaminated water pipes. 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
- 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