Ohio Code 3742.42 – Residential rental unit lead-safe maintenance practices
(A) In completing residential rental unit lead-safe maintenance practices, the owner or agent of the owner of a residential rental unit shall do all of the following:
Terms Used In Ohio Code 3742.42
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- 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 worker: means an individual who is responsible in a nonsupervisory capacity for the performance of lead abatement. 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
- Residential rental unit: means a rental property containing a dwelling or any part of a building being used as an individual's private residence. See Ohio Code 3742.01
- United States: includes all the states. See Ohio Code 1.59
(1) Successfully complete a training program in residential rental unit lead-safe maintenance practices approved by the director under section 3742.43 of the Revised Code;
(2) Annually perform a visual examination for deteriorated paint, underlying damage, and other conditions that may cause exposure to lead;
(3) After completing the visual examination and identification of deteriorated paint or other conditions that may cause exposure to lead, repair deteriorated paint or other building components that may cause exposure to lead and eliminate the cause of the deterioration in accordance with the work practice standards established by the United States environmental protection agency in 40 C.F.R. part 745.85;
(4) Conduct post-maintenance dust sampling in accordance with rules adopted under section 3742.45 of the Revised Code;
(5) Maintain a record of residential rental unit lead-safe maintenance practices for at least three years that documents those maintenance practices, including post-maintenance dust sampling conducted in accordance with rules adopted under section 3742.45 of the Revised Code.
(B) The areas of a residential rental unit that are subject to division (A) of this section include all of the following:
(1) The interior surfaces and all common areas;
(2) Every attached or unattached structure located within the same lot line as the residential rental unit that the owner or manager considers to be associated with the operation of the residential rental unit, including garages, play equipment, and fences;
(3) The lot or land that the residential rental unit occupies.
(C) The residential rental unit lead-safe maintenance practices described in this section are not required to be performed by a person licensed as a lead abatement contractor or lead abatement worker under this chapter. However, six months after the effective date of this amendment, any person other than a lead abatement contractor or lead abatement worker who performs the residential rental unit lead-safe maintenance practices shall have successfully completed a training program in residential rental unit lead-safe maintenance practices approved by the director under section 3742.43 of the Revised Code.