Bill Text: OH HB501 | 2009-2010 | 128th General Assembly | Introduced
Bill Title: Regarding lead abatement and lead-safe renovation.
Spectrum: Moderate Partisan Bill (Democrat 7-1)
Status: (Introduced - Dead) 2010-05-05 - To Public Safety & Homeland Security [HB501 Detail]
Download: Ohio-2009-HB501-Introduced.html
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Representative Harris
Cosponsors:
Representatives Weddington, Murray, Foley, Domenick, Newcomb, Hagan, Skindell
To amend sections 3742.01, 3742.02, 3742.03, 3742.04, | 1 |
3742.05, 3742.06, 3742.07, 3742.071, 3742.08, | 2 |
3742.09, 3742.10, 3742.15, 3742.16, 3742.17, | 3 |
3742.18, 3742.19, 3742.35, 3742.38, 3742.41, | 4 |
3742.42, 3742.44, 3742.45, 3742.49, 3742.50, | 5 |
3742.51, and 3742.99, to enact section 3742.55, | 6 |
and to repeal sections 3742.43, 3742.46, 3742.47, | 7 |
and 3742.48 of the Revised Code regarding lead | 8 |
abatement and lead-safe renovation. | 9 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3742.01, 3742.02, 3742.03, 3742.04, | 10 |
3742.05, 3742.06, 3742.07, 3742.071, 3742.08, 3742.09, 3742.10, | 11 |
3742.15, 3742.16, 3742.17, 3742.18, 3742.19, 3742.35, 3742.38, | 12 |
3742.41, 3742.42, 3742.44, 3742.45, 3742.49, 3742.50, 3742.51, and | 13 |
3742.99 be amended and section 3742.55 of the Revised Code be | 14 |
enacted to read as follows: | 15 |
Sec. 3742.01. As used in this chapter: | 16 |
(A) "Board of health" means the board of health of a city or | 17 |
general health district or the authority having the duties of a | 18 |
board of health under section 3709.05 of the Revised Code. | 19 |
(B) "Business entity" means a partnership, firm, association, | 20 |
corporation, limited liability company, sole proprietorship, or | 21 |
other business concern. | 22 |
(C) "Child care facility" means each area of | 23 |
the following in which child care, as defined in section 5104.01 | 24 |
of the Revised Code, is provided to children under six years of | 25 |
age: | 26 |
(1) A child day-care center, type A family day-care home, or | 27 |
type B family day-care home as defined in section 5104.01 of the | 28 |
Revised Code; | 29 |
(2) | 30 |
31 | |
32 | |
33 |
| 34 |
section 3301.52 of the Revised Code. | 35 |
| 36 |
determine whether | 37 |
38 | |
clearance examination includes a visual assessment, collection, | 39 |
and analysis of environmental samples. | 40 |
| 41 |
42 | |
individual who performs a clearance examination for activities | 43 |
that are not lead abatement. | 44 |
| 45 |
biological, microbiological, serological, chemical, | 46 |
immunohematological, hematological, biophysical, cytological, | 47 |
pathological, or other examination of substances derived from the | 48 |
human body for the purpose of providing information for the | 49 |
diagnosis, prevention, or treatment of any disease, or in the | 50 |
assessment or impairment of the health of human beings. "Clinical | 51 |
laboratory" does not include a facility that only collects or | 52 |
prepares specimens, or serves as a mailing service, and does not | 53 |
perform testing. | 54 |
| 55 |
surfaces with durable surface coating specifically formulated to | 56 |
be elastic, able to withstand sharp and blunt impacts, | 57 |
long-lasting, and resilient, while also resistant to cracking, | 58 |
peeling, algae, fungus, and ultraviolet light, so as to prevent | 59 |
any part of lead-containing paint from becoming part of house dust | 60 |
or otherwise accessible to children. | 61 |
| 62 |
surfaces with durable materials such as wallboard or paneling, and | 63 |
the sealing or caulking of edges and joints, so as to prevent or | 64 |
control chalking, flaking, peeling, scaling, or loose | 65 |
lead-containing substances from becoming part of house dust or | 66 |
otherwise accessible to children. | 67 |
| 68 |
facility that analyzes air, dust, soil, water, paint, film, or | 69 |
other substances, other than substances derived from the human | 70 |
body, for the presence and concentration of lead. | 71 |
| 72 |
political subdivisions or any agency or instrumentality of either. | 73 |
(K) "HEPA filter" means | 74 |
75 | |
particulate air filter | 76 |
capturing particles of 0.3 microns | 77 |
cent or greater efficiency. | 78 |
| 79 |
with a HEPA filter as the last filtration stage and designed so | 80 |
that all air drawn into the vacuum cleaner is expelled through the | 81 |
HEPA filter with no air leaking past the filter. | 82 |
(M) "Interim controls" means a set of measures designed to | 83 |
reduce temporarily human exposure or likely human exposure to lead | 84 |
hazards. Interim controls include specialized cleaning, repairs, | 85 |
painting, temporary containment, ongoing lead hazard maintenance | 86 |
activities, and the establishment and operation of management and | 87 |
resident education programs. | 88 |
| 89 |
designed for the single purpose of permanently eliminating lead | 90 |
hazards. "Lead abatement" includes all of the following: | 91 |
(a) Removal of lead-based paint and lead-contaminated dust; | 92 |
(b) Permanent enclosure or encapsulation of lead-based paint; | 93 |
(c) Replacement of surfaces or fixtures painted with | 94 |
lead-based paint; | 95 |
(d) Removal or permanent covering of lead-contaminated soil; | 96 |
(e) Preparation, cleanup, and disposal activities associated | 97 |
with lead abatement. | 98 |
(2) "Lead abatement" does not include any of the following: | 99 |
(a) Preventive treatments performed pursuant to section | 100 |
3742.41 of the Revised Code; | 101 |
(b) Implementation of interim controls; | 102 |
(c) Activities performed by a property owner on a residential | 103 |
unit to which both of the following apply: | 104 |
(i) It is a freestanding single-family home used as the | 105 |
property owner's private residence. | 106 |
(ii) No child under six years of age who has lead poisoning | 107 |
resides in the unit. | 108 |
| 109 |
business entity or government entity that engages in | 110 |
111 | |
112 | |
113 | |
114 | |
"Lead abatement contractor" does not include an employee of a lead | 115 |
abatement contractor, or a general contractor that subcontracts a | 116 |
lead abatement activity to a lead abatement contractor. | 117 |
| 118 |
abatement activities that are conducted by a lead abatement | 119 |
contractor and are reasonably related to each other. | 120 |
| 121 |
individual who is responsible for designing lead abatement | 122 |
projects and preparing
| 123 |
projects. | 124 |
| 125 |
responsible for the on-site supervision or performance of lead | 126 |
abatement projects and preparing pre-abatement plans, occupant | 127 |
protection plans, compliance plans, and abatement reports. | 128 |
(S) "Lead abatement worker" means an individual who is | 129 |
responsible in a nonsupervisory capacity for the performance of | 130 |
lead abatement. | 131 |
| 132 |
surface-coating substance containing lead at or in excess of the | 133 |
level that is hazardous to human health as established by rule of | 134 |
the public health council under section 3742.50 of the Revised | 135 |
Code. | 136 |
| 137 |
area or mass concentration of lead at or in excess of the level | 138 |
that is hazardous to human health as established by rule of the | 139 |
public health council under section 3742.50 of the Revised Code. | 140 |
| 141 |
at or in excess of the level that is hazardous to human health as | 142 |
established by rule of the public health council under section | 143 |
3742.50 of the Revised Code. | 144 |
| 145 |
lead exposure and endanger an individual's health as determined by | 146 |
the public health council in rules adopted under section 3742.50 | 147 |
of the Revised Code. "Lead hazard" includes lead-based paint, | 148 |
lead-contaminated dust, lead-contaminated soil, and | 149 |
lead-contaminated water pipes. | 150 |
| 151 |
investigation to determine the presence of lead-based paint. The | 152 |
inspection shall use a sampling or testing technique approved by | 153 |
the public health council in rules adopted by the council under | 154 |
section 3742.03 of the Revised Code. A licensed lead inspector or | 155 |
laboratory approved under section 3742.09 of the Revised Code | 156 |
shall certify in writing the precise results of the inspection. | 157 |
| 158 |
a lead inspection, provides professional advice regarding a lead | 159 |
inspection, or prepares a report explaining the results of a lead | 160 |
inspection. | 161 |
| 162 |
blood that is hazardous to human health, as specified in rules | 163 |
adopted under section 3742.50 of the Revised Code. | 164 |
| 165 |
to determine and report the existence, nature, severity, and | 166 |
location of lead hazards | 167 |
168 | |
169 | |
regarding the age and painting history of the
| 170 |
171 | |
investigated, visual inspection, limited wipe sampling or other | 172 |
environmental sampling techniques, and any other activity as may | 173 |
be appropriate. | 174 |
| 175 |
is responsible for developing a written inspection, risk | 176 |
assessment, and analysis plan; conducting inspections for lead | 177 |
hazards | 178 |
interpreting results of inspections and risk assessments; | 179 |
identifying hazard control strategies to reduce or eliminate lead | 180 |
exposures; and completing a risk assessment report. | 181 |
| 182 |
183 | |
184 | |
185 | |
186 | |
or government entity that engages in renovation. "Lead-safe | 187 |
renovation contractor" does not include an employee of a lead-safe | 188 |
renovation contractor. | 189 |
| 190 |
191 | |
192 | |
who is responsible for the on-site supervision or performance of a | 193 |
renovation project and preparing specifications, plans, or | 194 |
documents for a renovation project. | 195 |
| 196 |
the same | 197 |
operation of a residential unit, child care facility, or school. | 198 |
| 199 |
least twenty years. | 200 |
| 201 |
compensation, of any existing structure or portion thereof | 202 |
resulting in the disturbance of painted surfaces and includes all | 203 |
of the following: | 204 |
(a) Removal, modification, or repair of painted surfaces or | 205 |
painted components such as doors and windows; | 206 |
(b) Surface preparation activities such as sanding, scraping, | 207 |
or related activities that may generate paint dust; | 208 |
(c) Surface restoration; | 209 |
(d) Removal of building components such as walls, ceilings, | 210 |
plumbing, and windows; | 211 |
(e) Weatherization projects such as cutting holes in painted | 212 |
surfaces to blow in insulation or to gain access to attics or | 213 |
planing thresholds to install weather stripping; | 214 |
(f) Interim controls that disturb painted surfaces; | 215 |
(g) Converting a building, or part of a building, into a | 216 |
child-occupied facility. | 217 |
(2) "Renovation" does not include either of the following: | 218 |
(a) Activities performed as part of a lead abatement project; | 219 |
(b) Minor repair and maintenance activities. | 220 |
(HH) "Replacement" means an activity that entails removing | 221 |
components such as windows, doors, and trim that have lead hazards | 222 |
on their surfaces and installing components free of lead hazards. | 223 |
| 224 |
building being used as an individual's private residence. | 225 |
| 226 |
children under six years of age receive education. | 227 |
Sec. 3742.02. (A) No | 228 |
government entity shall do any of the following: | 229 |
(1) Violate any provision of this chapter or the rules | 230 |
adopted pursuant to it; | 231 |
(2) Apply or cause to be applied any lead-based paint on or | 232 |
inside a residential unit, child care facility, or school, unless | 233 |
the public health council has determined by rule under section | 234 |
3742.50 of the Revised Code that no suitable substitute exists; | 235 |
(3) Perform a lead inspection without a valid lead inspector | 236 |
license issued under section 3742.05 of the Revised Code; | 237 |
(4) Perform a lead risk assessment or provide professional | 238 |
advice regarding lead abatement without a valid lead risk assessor | 239 |
license issued under section 3742.05 of the Revised Code; | 240 |
(5) Interfere with an investigation conducted by the director | 241 |
of health or a board of health in accordance with section 3742.35 | 242 |
of the Revised Code; | 243 |
(6) Perform a clearance examination without a valid clearance | 244 |
technician license issued under section 3742.05 of the Revised | 245 |
Code, unless the individual holds a valid lead inspector license | 246 |
or valid lead risk assessor license issued under that section; | 247 |
(7) Hold itself out as a lead-safe renovation contractor | 248 |
without a valid lead-safe renovation contractor license issued | 249 |
under section 3742.05 of the Revised Code; | 250 |
(8) Act as a lead-safe renovator without a valid lead-safe | 251 |
renovator license issued under section 3742.05 of the Revised | 252 |
Code; | 253 |
(9) Perform training for the purposes of this chapter without | 254 |
a valid evidence of approval issued under section 3742.08 of the | 255 |
Revised Code; | 256 |
(10) Perform interim controls without complying with | 257 |
standards established under 24 C.F.R. part 35 by the United States | 258 |
department of housing and urban development. | 259 |
(B) | 260 |
261 | |
262 | |
263 | |
264 |
| 265 |
entity shall do any of the following when a residential unit, | 266 |
child care facility, or school is involved: | 267 |
(1) | 268 |
269 |
| 270 |
271 | |
272 |
| 273 |
without a valid lead abatement contractor's license issued under | 274 |
section 3742.05 of the Revised Code; | 275 |
| 276 |
valid lead abatement project designer license issued under section | 277 |
3742.05 of the Revised Code; | 278 |
| 279 |
supervisor or valid lead abatement worker license issued under | 280 |
section 3742.05 of the Revised Code; | 281 |
| 282 |
283 | |
284 | |
285 | |
286 | |
abatement supervisor without a valid lead abatement supervisor | 287 |
license issued under section 3742.05 of the Revised Code; | 288 |
| 289 |
290 | |
291 |
| 292 |
293 | |
lead abatement on the unit, facility, or school, unless the | 294 |
individual who will perform the lead abatement holds a valid | 295 |
license issued under section 3742.05 of the Revised Code. | 296 |
(C) No lead inspector, lead abatement contractor, lead risk | 297 |
assessor, lead abatement supervisor, lead abatement project | 298 |
designer, clearance technician, lead-safe renovation contractor, | 299 |
or lead-safe renovator shall use the services of an environmental | 300 |
lead analytical laboratory that has not been approved by the | 301 |
director of health under section 3742.09 of the Revised Code. | 302 |
Sec. 3742.03. The public health council shall adopt rules in | 303 |
accordance with Chapter 119. of the Revised Code for the | 304 |
administration and enforcement of sections 3742.01 to 3742.19, | 305 |
3742.42 to 3742.45, and 3742.99 of the Revised Code. The rules | 306 |
shall specify all of the following: | 307 |
(A)(1) Procedures to be followed by a lead abatement | 308 |
contractor, lead abatement supervisor, lead abatement project | 309 |
designer, lead abatement worker, lead inspector, or lead risk | 310 |
assessor licensed under section 3742.05 of the Revised Code for | 311 |
undertaking lead abatement activities
| 312 |
(2) Procedures to be followed by a clearance technician, lead | 313 |
inspector, or lead risk assessor in performing a clearance | 314 |
examination; | 315 |
(3) Procedures to be followed by a lead-safe renovation | 316 |
contractor or lead-safe renovator licensed under section 3742.05 | 317 |
of the Revised Code for undertaking renovation activities. | 318 |
(B)(1) Requirements for training and licensure, in addition | 319 |
to those established under section 3742.08 of the Revised Code, to | 320 |
include levels of training and periodic refresher training for | 321 |
322 | |
who hold licenses under section 3742.05 of the Revised Code. | 323 |
324 | |
325 | |
326 | |
327 | |
328 | |
329 | |
330 | |
331 | |
332 | |
333 | |
334 | |
335 |
(2) | 336 |
industrial hygiene as a certified industrial hygienist or as an | 337 |
industrial hygienist-in-training, and | 338 |
registered as a sanitarian or sanitarian-in-training under Chapter | 339 |
4736. of the Revised Code, shall be exempt from any training | 340 |
requirements established under this chapter for initial licensure | 341 |
342 | |
lead abatement worker, lead abatement project designer, lead risk | 343 |
assessor, lead inspector, or clearance technician, but shall be | 344 |
required to take any examinations for licensure required under | 345 |
section 3742.05 of the Revised Code. | 346 |
(C) Fees for licenses issued under section 3742.05 of the | 347 |
Revised Code and for their renewal, except that an elementary or | 348 |
secondary public or private school shall not be required to pay a | 349 |
fee for licensure as a lead-safe renovation contractor; | 350 |
(D)(1) Procedures to be followed by lead inspectors, lead | 351 |
abatement contractors, environmental lead analytical laboratories, | 352 |
lead risk assessors, lead abatement supervisors, lead abatement | 353 |
project designers, and lead abatement workers to prevent public | 354 |
exposure to lead hazards and ensure worker protection during lead | 355 |
abatement projects; | 356 |
(2) Procedures to be followed by lead-safe renovation | 357 |
contractors and lead-safe renovators to prevent public exposure to | 358 |
lead hazards and ensure worker protection during renovation | 359 |
projects. | 360 |
(E)(1)(a) Record-keeping and reporting requirements for | 361 |
clinical laboratories, environmental lead analytical laboratories, | 362 |
lead inspectors, lead abatement contractors, lead risk assessors, | 363 |
lead abatement supervisors, lead abatement project designers, and | 364 |
lead abatement workers for lead abatement projects
| 365 |
366 |
(b) Record-keeping and reporting requirements for clinical | 367 |
laboratories, environmental lead analytical laboratories, and | 368 |
clearance technicians for clearance examinations; | 369 |
| 370 |
lead-safe renovation contractors and lead-safe renovators for | 371 |
renovation projects; | 372 |
(d) Record-keeping and reporting requirements regarding lead | 373 |
poisoning for physicians, in addition to the requirements of | 374 |
section 3701.25 of the Revised Code | 375 |
| 376 |
rules based on divisions (E)(1) | 377 |
and that is a medical record is not a public record under section | 378 |
149.43 of the Revised Code and shall not be released, except in | 379 |
aggregate statistical form. | 380 |
(F) Environmental sampling techniques for use in collecting | 381 |
samples of air, water, dust, paint, and other materials; | 382 |
(G) Requirements for a | 383 |
pre-abatement plan prepared in accordance with section 3742.07 of | 384 |
the Revised Code; | 385 |
(H) Requirements under which a manufacturer of encapsulants | 386 |
must demonstrate evidence of the safety and durability of its | 387 |
encapsulants by providing results of testing from an independent | 388 |
laboratory indicating that the encapsulants meet the standards | 389 |
developed by the "E06.23.30 task group on encapsulants," which is | 390 |
the task group of the lead hazards associated with buildings | 391 |
subcommittee of the performance of buildings committee of the | 392 |
American society for testing and materials. | 393 |
Sec. 3742.04. (A) The director of health shall do all of the | 394 |
following: | 395 |
(1) Administer and enforce the requirements of | 396 |
397 | |
and the rules adopted | 398 |
(2) Examine records and reports submitted by lead inspectors, | 399 |
lead abatement contractors, lead abatement supervisors, lead risk | 400 |
assessors, lead abatement project designers, lead abatement | 401 |
workers, lead-safe renovation contractors, lead-safe renovators, | 402 |
and clearance technicians in accordance with section 3742.05 of | 403 |
the Revised Code to determine whether the requirements of this | 404 |
chapter are being met; | 405 |
(3) Examine records and reports submitted by physicians, | 406 |
clinical laboratories, and environmental lead analytical | 407 |
laboratories under section 3701.25 or 3742.09 of the Revised Code; | 408 |
(4) Issue approval to manufacturers of encapsulants that have | 409 |
done all of the following: | 410 |
(a) Submitted an application for approval to the director on | 411 |
a form prescribed by the director; | 412 |
(b) Paid the application fee established by the director; | 413 |
(c) Submitted results from an independent laboratory | 414 |
indicating that the manufacturer's encapsulants satisfy the | 415 |
requirements established in rules adopted under division (H) of | 416 |
section 3742.03 of the Revised Code; | 417 |
(d) Complied with rules adopted by the public health council | 418 |
regarding durability and safety to workers and residents. | 419 |
(5) Establish liaisons and cooperate with the directors or | 420 |
agencies in states having lead abatement programs, including | 421 |
programs with licensing, accreditation, certification, and | 422 |
approval | 423 |
requirements of this chapter and those of other states in order to | 424 |
facilitate reciprocity of the programs among states; | 425 |
(6) Establish a program to monitor and audit the quality of | 426 |
work of lead inspectors, lead risk assessors, lead abatement | 427 |
project designers, lead abatement contractors, lead abatement | 428 |
supervisors, lead abatement workers, lead-safe renovation | 429 |
contractors, lead-safe renovators, and clearance technicians. The | 430 |
director may refer improper work discovered through the program to | 431 |
the attorney general for appropriate action. | 432 |
(B) In addition to any other authority granted by this | 433 |
chapter, the director of health may do any of the following: | 434 |
(1) Employ | 435 |
from a program the director has determined provides the necessary | 436 |
background. The appropriate training may be obtained in a state | 437 |
that has an ongoing lead abatement program under which it conducts | 438 |
educational programs. | 439 |
(2) Cooperate with the United States environmental protection | 440 |
agency in any joint oversight procedures the agency may propose | 441 |
for laboratories that offer lead analysis services and are | 442 |
accredited under the agency's laboratory accreditation program; | 443 |
(3) Advise, consult, cooperate with, or enter into contracts | 444 |
or cooperative agreements with any | 445 |
entity, government entity, interstate agency, or the federal | 446 |
government as the director considers necessary to fulfill the | 447 |
requirements of this chapter and the rules adopted under it; | 448 |
(4) Conduct on-site inspections of any location at which a | 449 |
lead abatement or renovation project is planned, in progress, or | 450 |
completed; | 451 |
(5) Conduct an on-site audit of a lead hazard training course | 452 |
or lead-safe renovation training course during the time in which | 453 |
the course is being conducted by a training program approved under | 454 |
section 3742.08 of the Revised Code; | 455 |
(6) Evaluate an individual's, a business entity's, or a | 456 |
government entity's performance of activities pursuant to this | 457 |
chapter; | 458 |
(7) Evaluate an individual's, a business entity's, or a | 459 |
government entity's compliance with the requirements of this | 460 |
chapter and the rules adopted under it. | 461 |
Sec. 3742.05. (A)(1) The director of health shall issue lead | 462 |
inspector, lead abatement contractor, lead abatement supervisor, | 463 |
lead risk assessor, lead abatement project designer, lead | 464 |
abatement worker, lead-safe renovation contractor, lead-safe | 465 |
renovator, and clearance technician licenses. The director shall | 466 |
issue a license to an applicant who meets all of the following | 467 |
requirements: | 468 |
(a) Submits an application to the director on a form | 469 |
prescribed by the director; | 470 |
(b) Meets the licensing and training requirements established | 471 |
by the public health council under section 3742.03 of the Revised | 472 |
Code; | 473 |
(c) | 474 |
lead-safe renovation contractors, successfully completes the | 475 |
licensing examination for the applicant's area of expertise | 476 |
administered under section 3742.08 of the Revised Code and any | 477 |
training required by the director under that section; | 478 |
(d) Pays the license fee established by the public health | 479 |
council under section 3742.03 of the Revised Code; | 480 |
(e) Provides the applicant's social security number and any | 481 |
information the director may require to demonstrate the | 482 |
applicant's compliance with this chapter and the rules adopted | 483 |
under it. | 484 |
(2) An individual, business entity, or government entity may | 485 |
hold more than one license issued under this section, but a | 486 |
separate application is required for each license. | 487 |
(B) A license issued under this section expires two years | 488 |
after the date of issuance. The director shall renew a license in | 489 |
accordance with the standard renewal procedure set forth in | 490 |
Chapter 4745. of the Revised Code, if the licensee does all of the | 491 |
following: | 492 |
(1) Continues to meet the requirements of division (A) of | 493 |
this section; | 494 |
(2) Demonstrates compliance with procedures to prevent public | 495 |
exposure to lead hazards and for worker protection during lead | 496 |
abatement projects or renovation projects, as established by rule | 497 |
adopted by the public health council under section 3742.03 of the | 498 |
Revised Code; | 499 |
(3) Meets the record-keeping and reporting requirements for | 500 |
lead abatement projects, renovation projects, or clearance | 501 |
examinations, as established by rule adopted by the public health | 502 |
council under section 3742.03 of the Revised Code; | 503 |
(4) Pays the license renewal fee established by rule adopted | 504 |
by the public health council under section 3742.03 of the Revised | 505 |
Code. | 506 |
(C) An individual, business entity, or government entity | 507 |
licensed, certified, or otherwise approved under federal law or | 508 |
the law of another state to perform functions substantially | 509 |
similar to those of a lead inspector, lead abatement contractor, | 510 |
lead abatement supervisor, lead risk assessor, lead abatement | 511 |
project designer, lead abatement worker, lead-safe renovation | 512 |
contractor, lead-safe renovator, or clearance technician may apply | 513 |
to the director of health for licensure in accordance with the | 514 |
procedures set forth in division (A) of this section. The director | 515 |
shall license an individual, business entity, or government entity | 516 |
under this division on a determination that the standards for | 517 |
licensure, certification, or approval in that state are at least | 518 |
substantially equivalent to those established by this chapter and | 519 |
the rules adopted under it.
| 520 |
contractors and lead-safe renovation contractors, the director may | 521 |
require an examination for licensure under this division. | 522 |
Sec. 3742.06. All of the following apply to a residential | 523 |
unit, child care facility, or school: | 524 |
(A) No lead abatement contractor shall provide lead testing | 525 |
services or professional advice regarding lead abatement unless | 526 |
that service or advice is provided by a lead inspector or lead | 527 |
risk assessor who is licensed under section 3742.05 of the Revised | 528 |
Code and is employed by the lead abatement contractor. | 529 |
(B) No | 530 |
lead abatement and then participate in a lead abatement project | 531 |
resulting from that advice unless either of the following applies: | 532 |
(1) The | 533 |
staff of the owner or manager of the property on which the lead | 534 |
abatement is to be performed; | 535 |
(2) A written contract for lead abatement is entered into | 536 |
that states both of the following: | 537 |
(a) The | 538 |
or in the provision of professional advice, that led to the lead | 539 |
abatement contract; | 540 |
(b) The party contracting for lead abatement services should | 541 |
obtain a second opinion to verify any lead test results and assure | 542 |
that the proposed lead abatement or project design is appropriate. | 543 |
(C) | 544 |
545 | |
546 | |
547 | |
548 |
| 549 |
shall perform lead abatement without the on-site supervision of a | 550 |
licensed lead abatement
| 551 |
| 552 |
553 | |
554 |
Sec. 3742.07. (A) Prior to engaging in any lead abatement | 555 |
project on a residential unit, child care facility, or school, the | 556 |
lead abatement contractor primarily responsible for the project | 557 |
shall do all of the following: | 558 |
(1) Prepare a written | 559 |
plan that meets requirements established by rule adopted under | 560 |
section 3742.03 of the Revised Code and | 561 |
562 | |
563 |
| 564 |
565 | |
566 | |
567 | |
568 |
| 569 |
(a) Protection measures and management procedures that will | 570 |
be taken to protect lead abatement personnel and other individuals | 571 |
at the project site from exposure to lead hazards; | 572 |
(b) A respiratory protection plan developed in accordance | 573 |
with standards established under 29 C.F.R. 1926.62 by the United | 574 |
States occupational safety and health administration; | 575 |
(c) A hazard communication plan developed in accordance with | 576 |
standards established under 29 C.F.R. 1910.1200 by the United | 577 |
States occupational safety and health administration. | 578 |
(2) Make the portion of the pre-abatement plan regarding the | 579 |
protection measures and management procedures that will be taken | 580 |
to protect individuals at the project site who are not lead | 581 |
abatement personnel available to the department of health; | 582 |
(3) Make the portion of the pre-abatement plan regarding the | 583 |
protection measures and management procedures that will be taken | 584 |
to protect lead abatement personnel available to all lead | 585 |
abatement supervisors and workers at the project site; | 586 |
(4) Ensure that each employee or agent who will come in | 587 |
contact with lead hazards at the project site or will be | 588 |
responsible for | 589 |
and appropriate training as required by this chapter before | 590 |
engaging in | 591 |
| 592 |
593 | |
by the director of health, of the date | 594 |
project will commence. | 595 |
(B) During each lead abatement project, the lead abatement | 596 |
contractor primarily responsible for the project shall ensure that | 597 |
all | 598 |
protection standards established under 29 C.F.R. 1926.62 by the | 599 |
United States occupational safety and health administration. | 600 |
Sec. 3742.071. All of the following apply in the performance | 601 |
of activities | 602 |
(A) A lead risk assessor shall certify in writing the precise | 603 |
results of a lead risk assessment and recommend options for | 604 |
reducing identified lead hazards. | 605 |
(B) A clearance technician may perform a clearance | 606 |
examination when the examination is in connection with activities | 607 |
other than a lead abatement project. A clearance examination | 608 |
performed in connection with a lead abatement project shall be | 609 |
performed only by a lead inspector or lead risk assessor. | 610 |
(C) The director of health may issue an immediate cease work | 611 |
order to | 612 |
business entity, or government entity if the director determines | 613 |
that the | 614 |
615 | |
in a manner that endangers or materially impairs the health or | 616 |
well-being of an occupant of a residential unit, child care | 617 |
facility, or school or | 618 |
lead abatement activities or renovation activities. | 619 |
Sec. 3742.08. (A)(1) The director of health shall conduct, | 620 |
specify requirements by rule, or approve training programs for | 621 |
licensure of lead inspectors, lead abatement
| 622 |
supervisors, lead risk assessors, lead abatement project | 623 |
designers, lead abatement workers, lead-safe renovators, and | 624 |
clearance technicians. In accordance with Chapter 119. of the | 625 |
Revised Code, the director shall adopt rules establishing all of | 626 |
the following: | 627 |
(a) A system for | 628 |
and the requirements for | 629 |
curriculum requirements, hour requirements, hands-on training | 630 |
requirements, trainee competency and proficiency requirements, and | 631 |
requirements for quality control; | 632 |
(b) Fees for application for approval of a training program | 633 |
and for participating in any program conducted by the director; | 634 |
(c) Any other requirements pertinent to the operation of a | 635 |
training program. | 636 |
(2) Each applicant for approval of a training program shall | 637 |
submit a completed application to the director on a form the | 638 |
director shall prescribe and provide. The director shall issue | 639 |
evidence of approval to each applicant who meets the requirements | 640 |
of division (A)(1) of this section and the criteria for approval | 641 |
established by rule adopted under this section and pays the fee. | 642 |
(B) The director shall administer examinations for licensure | 643 |
under this chapter by conducting examinations, contracting | 644 |
pursuant to section 3701.044 of the Revised Code for another | 645 |
entity to conduct the examinations, or approving examinations. In | 646 |
accordance with Chapter 119. of the Revised Code, the director | 647 |
shall adopt rules specifying requirements for the administration | 648 |
of licensing examinations. The rules shall include requirements | 649 |
regarding the qualifications of examination administrators, fees | 650 |
to cover the cost of conducting the examinations, and any other | 651 |
requirements pertinent to the examinations. | 652 |
If the director implements a system of approving | 653 |
examinations, the rules shall include procedures and criteria for | 654 |
approval and fees for the approval. Each applicant for approval | 655 |
shall submit a completed application to the director on a form the | 656 |
director shall prescribe and provide. The director shall issue | 657 |
evidence of approval to each applicant who meets the criteria for | 658 |
approval established in rules adopted under this division. | 659 |
Sec. 3742.09. (A) | 660 |
business entity, or government entity seeking approval from the | 661 |
director of health for an environmental lead analytical laboratory | 662 |
or a clinical laboratory to perform lead testing shall submit an | 663 |
application for approval to the director on forms that
| 664 |
director shall prescribe and provide. | 665 |
(B) The director shall adopt rules in accordance with Chapter | 666 |
119. of the Revised Code to establish all of the following: | 667 |
(1) Procedures and criteria for approval of clinical | 668 |
laboratories and environmental lead analytical
| 669 |
laboratories, including lead testing requirements and the | 670 |
qualification of laboratory owners and personnel; | 671 |
(2) Fees for application for approval of laboratories; | 672 |
(3) Any other requirements pertinent to the operation of a | 673 |
clinical laboratory or an environmental lead analytical | 674 |
laboratory. | 675 |
(C) The director shall issue the appropriate approval to any | 676 |
applicant who meets the requirements of division (A) of this | 677 |
section and rules adopted under division (B) of this section, pays | 678 |
the application fee, and demonstrates compliance with the | 679 |
record-keeping and reporting requirements established by rule | 680 |
adopted under section 3742.03 of the Revised Code. | 681 |
(D) Each clinical laboratory approved under this section | 682 |
shall report to the director the presence, at levels established | 683 |
by rule adopted under section 3742.03 of the Revised Code, of | 684 |
lead, cadmium, mercury, or arsenic in a blood or urine specimen. | 685 |
The report shall be made on a form prescribed by the director. | 686 |
Sec. 3742.10. (A) The director of health shall maintain a | 687 |
list of both of the following: | 688 |
(1) Lead inspectors, lead abatement contractors, lead | 689 |
abatement supervisors, lead risk assessors, lead abatement project | 690 |
designers, lead abatement workers, lead-safe renovation | 691 |
contractors, lead-safe renovators, and clearance technicians | 692 |
licensed under this chapter; | 693 |
(2) Training programs approved under section 3742.08 of the | 694 |
Revised Code. | 695 |
(B) Information contained in any list maintained under this | 696 |
section is a public record for the purposes of section 149.43 of | 697 |
the Revised Code and is subject to inspection and copying under | 698 |
section 1347.08 of the Revised Code. | 699 |
Sec. 3742.15. Any | 700 |
with the director of health concerning | 701 |
702 | |
703 | |
an individual, business entity, or government entity licensed | 704 |
under section 3742.05 of the Revised Code, a clinical laboratory, | 705 |
an environmental lead analytical laboratory, or a training course. | 706 |
The complainant's name shall be confidential and shall not be | 707 |
released without the complainant's written consent. The director | 708 |
may investigate the complaint and take action under this chapter | 709 |
as the director considers appropriate. | 710 |
Sec. 3742.16. In accordance with Chapter 119. of the Revised | 711 |
Code, the director of health may refuse to issue or renew, or may | 712 |
suspend or revoke, a license | 713 |
or an approval of any | 714 |
government entity, training program, or laboratory for one or more | 715 |
of the following reasons: | 716 |
(A) Violation of any provision of this chapter or the rules | 717 |
adopted under it; | 718 |
(B) Failure to pay the fee for the issuance or renewal of a | 719 |
license | 720 |
(C) Any material misrepresentation in an application for a | 721 |
license | 722 |
(D) Interference with an investigation made pursuant to | 723 |
section 3742.35 of the Revised Code; | 724 |
(E) Failure to meet the licensing requirements established by | 725 |
rule adopted under section 3742.03 of the Revised Code; | 726 |
(F) Employment or use of lead abatement personnel | 727 |
are not licensed under this chapter; | 728 |
(G) Employment or use of a lead-safe renovation contractor or | 729 |
lead-safe renovator who is not licensed under this chapter. | 730 |
Sec. 3742.17. (A) Where any | 731 |
entity, or government entity is licensed by the department of | 732 |
health to engage in lead abatement, lead inspection, lead | 733 |
abatement supervision, lead risk assessment, renovation, clearance | 734 |
examination, or any other activity under this chapter, the | 735 |
liability of that
| 736 |
activity in accordance with procedures established pursuant to | 737 |
state or federal law, for an injury to any individual or property | 738 |
caused or related to the activity shall be limited to acts or | 739 |
omissions of the | 740 |
performing the activity that can be shown, based on a | 741 |
preponderance of the evidence, to have been negligent. For the | 742 |
purposes of this section, the demonstration that acts or omissions | 743 |
of | 744 |
lead inspection, lead abatement supervision, lead risk assessment, | 745 |
renovation, clearance examination, or other activities under this | 746 |
chapter were in accordance with generally accepted practice and | 747 |
with procedures established by state or federal law at the time | 748 |
the abatement, inspection, supervision, assessment, renovation, | 749 |
examination, or other activity was performed creates a rebuttable | 750 |
presumption that the acts or omissions were not negligent. | 751 |
(B) Where any | 752 |
government entity contracts with | 753 |
entity, or government entity licensed as a lead inspector, lead | 754 |
abatement contractor, lead abatement supervisor, lead risk | 755 |
assessor, lead abatement project designer, lead abatement worker, | 756 |
lead-safe contractor, lead-safe renovator, or clearance technician | 757 |
the liability of that | 758 |
injuries caused by the | 759 |
performance of lead abatement, lead inspection, lead abatement | 760 |
supervision, lead risk assessment, renovation, clearance | 761 |
examination, or other activities under this chapter shall be | 762 |
limited to those lead-related injuries arising from acts or | 763 |
omissions that the | 764 |
reasonably have been expected to know, were not in accordance with | 765 |
generally accepted practices or with procedures established by | 766 |
state or federal law at the time the activity took place. | 767 |
(C) Notwithstanding any other provisions of the Revised Code | 768 |
or rules of a court to the contrary, this section governs all | 769 |
claims for lead-related injuries to individuals or property | 770 |
arising from lead abatement, lead inspection, lead abatement | 771 |
supervision, lead risk assessment, renovation, clearance | 772 |
examination, or other activities for which a license is required | 773 |
under this chapter. | 774 |
Sec. 3742.18. At the request of the director of health, the | 775 |
attorney general may commence a civil action for civil penalties | 776 |
and injunctive and other equitable relief against any
| 777 |
individual, business entity, or government entity that violates | 778 |
section 3742.02, 3742.06, or 3742.07 of the Revised Code. The | 779 |
action shall be commenced in the court of common pleas of the | 780 |
county in which the violation occurred or is about to occur. | 781 |
The court shall grant injunctive and other equitable relief | 782 |
on a showing that the | 783 |
government entity has violated or is about to violate section | 784 |
3742.02, 3742.06, or 3742.07 of the Revised Code. On a finding of | 785 |
a violation, the court shall assess a civil penalty of not more | 786 |
than one thousand dollars. Each day a violation continues is a | 787 |
separate violation. All civil penalties collected by the court | 788 |
under this section shall be deposited into the state treasury to | 789 |
the credit of the lead abatement personnel licensing fund created | 790 |
under section 3742.19 of the Revised Code. | 791 |
Sec. 3742.19. (A) Except for any licensing examination fee | 792 |
collected and retained by an entity under contract pursuant to | 793 |
division (B) of section 3742.08 of the Revised Code, all fees | 794 |
collected under sections 3742.01 to 3742.18 of the Revised Code; | 795 |
any grant, contribution, or other moneys received for the purposes | 796 |
of those sections; and fines collected under section 3742.99 of | 797 |
the Revised Code shall be deposited into the state treasury to the | 798 |
credit of the lead abatement personnel licensing fund, which is | 799 |
hereby created. | 800 |
section, moneys in the fund shall be used solely for the | 801 |
administration and enforcement of sections 3742.01 to 3742.18 of | 802 |
the Revised Code and the rules adopted under those sections. | 803 |
(B) If the director of health determines that the amount in | 804 |
the fund exceeds the amount necessary to cover the anticipated | 805 |
expenses of administering and enforcing sections 3742.01 to | 806 |
3742.18 of the Revised Code and the rules adopted under those | 807 |
sections for a six-month period in the fiscal year in which the | 808 |
determination is made, the director may request that the director | 809 |
of budget and management transfer all or part of the excess amount | 810 |
to the lead poisoning prevention fund created under section | 811 |
3742.51 of the Revised Code. If the director of budget and | 812 |
management agrees with the determination made by the director of | 813 |
health, the director of budget and management shall transfer all | 814 |
or part of the excess amount. | 815 |
Sec. 3742.35. When the director of health or a board of | 816 |
health authorized to enforce sections 3742.35 to 3742.40 of the | 817 |
Revised Code becomes aware that an individual under six years of | 818 |
age has lead poisoning, the director or board shall conduct an | 819 |
investigation to determine the source of the lead poisoning. The | 820 |
director or board may conduct such an investigation when the | 821 |
director or board becomes aware that an individual six years of | 822 |
age or older has lead poisoning. The director or board shall | 823 |
conduct the investigation in accordance with rules adopted under | 824 |
section 3742.50 of the Revised Code. | 825 |
In conducting the investigation, the director or board may | 826 |
request permission to enter the residential unit, child care | 827 |
facility, or school that the director or board reasonably suspects | 828 |
to be the source of the lead poisoning. If the property is | 829 |
occupied, the director or board shall ask the occupant for | 830 |
permission. If the property is not occupied, the director or board | 831 |
shall ask the property owner or manager for permission. If the | 832 |
occupant, owner, or manager fails or refuses to permit entry, the | 833 |
director or board may petition and obtain an order to enter the | 834 |
property from a court of competent jurisdiction in the county in | 835 |
which the property is located. | 836 |
As part of the investigation, the director or board may | 837 |
review the records and reports, if any, maintained by a lead | 838 |
inspector, lead abatement contractor, lead abatement supervisor, | 839 |
lead risk assessor, lead abatement project designer, lead | 840 |
abatement worker, lead-safe renovation contractor, lead-safe | 841 |
renovator, or clearance technician. | 842 |
Sec. 3742.38. The owner and manager of a residential unit, | 843 |
child care facility, or school that is subject to a lead hazard | 844 |
control order issued under section 3742.37 of the Revised Code | 845 |
shall cooperate with the director of health or board of health | 846 |
that issued the order in controlling each lead hazard specified in | 847 |
the order. The owner or manager shall choose a method of | 848 |
controlling each lead hazard that enables the residential unit, | 849 |
child care facility, or school to pass a clearance examination. | 850 |
The method chosen may be the owner or manager's personal | 851 |
preference, a proposal made by | 852 |
entity, or government entity under contract with the owner or | 853 |
manager, or a recommendation that the director or board may | 854 |
provide. The owner or manager shall inform the director or board | 855 |
of the method that the owner or manager chooses to control each | 856 |
lead hazard. | 857 |
Sec. 3742.41. (A) A property constructed before January 1, | 858 |
859 | |
facility, or school shall be legally presumed not to contain a | 860 |
lead hazard and not to be the source of the lead poisoning of an | 861 |
individual who resides in the unit or receives child care or | 862 |
education at the facility or school if the owner or manager of the | 863 |
unit, facility, or school successfully completes both of the | 864 |
following preventive treatments: | 865 |
(1) Follows the essential maintenance practices specified in | 866 |
section 3742.42 of the Revised Code for the control of lead | 867 |
hazards; | 868 |
(2) Covers all rough, pitted, or porous horizontal surfaces | 869 |
of the inhabited or occupied areas within the unit, facility, or | 870 |
school with a smooth, cleanable covering or coating, such as metal | 871 |
coil stock, plastic, polyurethane, carpet, or linoleum. | 872 |
(B) The owner or manager of a residential unit, child care | 873 |
facility, or school has successfully completed the preventive | 874 |
treatments specified in division (A) of this section if the unit, | 875 |
facility, or school passes a clearance examination in accordance | 876 |
with standards for passage established by rules adopted under | 877 |
section | 878 |
(C) The legal presumption established under this section is | 879 |
rebuttable in a court of law only on a showing of clear and | 880 |
convincing evidence to the contrary. | 881 |
Sec. 3742.42. (A) In completing the essential maintenance | 882 |
practices portion of the preventive treatments specified in | 883 |
section 3742.41 of the Revised Code, the owner or manager of a | 884 |
residential unit, child care facility, or school shall do all of | 885 |
the following: | 886 |
(1) | 887 |
888 | |
889 |
| 890 |
underlying damage, and other conditions that may cause exposure to | 891 |
lead; | 892 |
| 893 |
894 | |
895 |
| 896 |
guardians, and custodians of children in a child care facility or | 897 |
school, to report concerns about potential lead hazards by | 898 |
providing written notices to the tenants or parents, guardians, | 899 |
and custodians or by posting notices in conspicuous locations; | 900 |
| 901 |
entity, or government entity licensed under this chapter performs | 902 |
the following activities: | 903 |
(a) Promptly and safely repairs deteriorated paint or other | 904 |
building components that may cause exposure to lead and | 905 |
eliminating the cause of the deterioration; | 906 |
(b) Performs specialized cleaning, as described in | 907 |
908 | |
lead-contaminated dust; | 909 |
| 910 |
soil proven not to be lead-contaminated; | 911 |
(d) Performs all other activities necessary for carrying out | 912 |
the purposes of this section that are otherwise required by this | 913 |
chapter, and rules adopted under it, to be conducted by a licensed | 914 |
individual, business entity, or government entity. | 915 |
| 916 |
for at least three years that documents all essential maintenance | 917 |
practices | 918 |
| 919 |
920 | |
921 |
(B) The areas of a residential unit, child care facility, or | 922 |
school that are subject to division (A) of this section include | 923 |
all of the following: | 924 |
(1) The interior surfaces and all common areas of the unit, | 925 |
facility, or school; | 926 |
(2) Every attached or unattached structure located within the | 927 |
same lot line as the unit, facility, or school that the owner or | 928 |
manager considers to be associated with the operation of the unit, | 929 |
facility, or school, including garages, play equipment, and | 930 |
fences; | 931 |
(3) The lot or land that the unit, facility, or school | 932 |
occupies. | 933 |
Sec. 3742.44. | 934 |
considered unsafe work practices due to the likelihood that | 935 |
engaging in the activities will create lead hazards, and in no | 936 |
event shall any | 937 |
entity engage in the following activities when implementing the | 938 |
essential maintenance practices portion of the preventive | 939 |
treatments specified in section 3742.41 of the Revised Code: | 940 |
| 941 |
| 942 |
vacuum exhaust tool; | 943 |
| 944 |
vacuum exhaust tool; | 945 |
| 946 |
hundred degrees fahrenheit; | 947 |
| 948 |
| 949 |
| 950 |
| 951 |
than one thousand one hundred degrees fahrenheit; | 952 |
| 953 |
| 954 |
two square feet in an interior room or space or twenty square feet | 955 |
on an exterior surface. | 956 |
| 957 |
| 958 |
volatile stripper that is considered a hazardous substance under | 959 |
16 C.F.R. 1500.3 or a hazardous chemical under 29 C.F.R. 1910.1200 | 960 |
or 29 C.F.R. 1926.59 in the type of work being performed. | 961 |
| 962 |
963 | |
964 | |
965 | |
966 |
| 967 |
968 |
| 969 |
970 |
| 971 |
972 |
Sec. 3742.45. (A) Specialized cleaning methods used to | 973 |
control lead-contaminated dust when implementing the essential | 974 |
maintenance practices portion of the preventive treatments | 975 |
specified in section 3742.41 of the Revised Code may include any | 976 |
of the following: | 977 |
(1) Cleaning potentially lead-contaminated surfaces with a | 978 |
detergent; | 979 |
(2) Vacuuming potentially lead-contaminated surfaces with a | 980 |
HEPA vacuum; | 981 |
(3) Covering potentially lead-contaminated soil. | 982 |
(B) | 983 |
use the specialized cleaning methods specified in division (A) of | 984 |
this section shall ensure that the cleaning is performed as | 985 |
follows: | 986 |
(1) The common areas of a building with more than one | 987 |
residential unit must undergo specialized cleaning at least | 988 |
annually, including hallways, stairways, laundry rooms, | 989 |
recreational rooms, playgrounds, boundary fences, and other | 990 |
portions of the building and its surroundings that are generally | 991 |
accessible to all residents. | 992 |
(2) The interior of a residential unit that is vacated by its | 993 |
occupants must undergo specialized cleaning before it may be | 994 |
reoccupied. | 995 |
(3) A child care facility or school must undergo specialized | 996 |
cleaning at least annually at a time when children are not present | 997 |
at the facility or school. | 998 |
(4) In a residential unit, child care facility, or school, on | 999 |
completion of any maintenance or repair work that disturbs | 1000 |
surfaces suspected or known to be painted with lead-based paint, | 1001 |
the maintenance or repair work area must undergo specialized | 1002 |
cleaning | 1003 |
1004 | |
1005 |
| 1006 |
1007 |
| 1008 |
1009 |
| 1010 |
1011 | |
1012 |
Sec. 3742.49. The director of health, in consultation with | 1013 |
the individual authorized by the governor to act as the state | 1014 |
historic preservation officer, shall develop recommendations for | 1015 |
controlling lead hazards that take into consideration the historic | 1016 |
nature of the property in which the hazards are located. The | 1017 |
director shall provide periodic notifications of the | 1018 |
recommendations to all
| 1019 |
public entities licensed under this chapter. All lead hazard | 1020 |
control orders issued under section 3742.37 of the Revised Code | 1021 |
shall inform the recipient of the recommendations developed under | 1022 |
this section. | 1023 |
In no event shall | 1024 |
justification for refusing to comply with a lead hazard control | 1025 |
order issued under section 3742.37 of the Revised Code. | 1026 |
Sec. 3742.50. | 1027 |
rules in accordance with Chapter 119. of the Revised Code | 1028 |
establishing all of the following: | 1029 |
| 1030 |
of the child lead poisoning prevention program established under | 1031 |
section 3742.31 of the Revised Code; | 1032 |
| 1033 |
and risk assessments under sections 3742.35 and 3742.36 of the | 1034 |
Revised Code; | 1035 |
| 1036 |
control orders under section 3742.37 of the Revised Code, | 1037 |
including standards and procedures for determining appropriate | 1038 |
deadlines for complying with lead hazard control orders; | 1039 |
| 1040 |
human health, consistent with the guidelines issued by the centers | 1041 |
for disease control and prevention in the public health service of | 1042 |
the United States department of health and human services; | 1043 |
| 1044 |
hazardous to human health; | 1045 |
| 1046 |
implementing preventive treatments for the control of lead hazards | 1047 |
pursuant to section 3742.41 of the Revised Code that are based on | 1048 |
information from the United States environmental protection | 1049 |
agency, department of housing and urban development, occupational | 1050 |
safety and health administration, or other agencies with | 1051 |
recommendations or guidelines regarding implementation of | 1052 |
preventive treatments; | 1053 |
| 1054 |
examination | 1055 |
| 1056 |
1057 | |
1058 | |
1059 | |
1060 |
| 1061 |
1062 | |
1063 |
| 1064 |
1065 | |
1066 | |
1067 | |
1068 | |
1069 | |
1070 | |
1071 | |
1072 |
Sec. 3742.51. (A) There is hereby created in the state | 1073 |
treasury the lead poisoning prevention fund. The fund shall | 1074 |
include all moneys appropriated to the department of health for | 1075 |
the administration and enforcement of sections 3742.31 to
| 1076 |
3742.45 of the Revised Code and the rules adopted under those | 1077 |
sections. The fund shall also include any amounts transferred to | 1078 |
the fund under section 3742.19 of the Revised Code. Any grants, | 1079 |
contributions, or other moneys collected by the department for | 1080 |
purposes of preventing lead poisoning shall be deposited in the | 1081 |
state treasury to the credit of the fund. | 1082 |
(B) Moneys in the fund shall be used solely for the purposes | 1083 |
of the child lead poisoning prevention program established under | 1084 |
section 3742.31 of the Revised Code, including providing financial | 1085 |
assistance to individuals who are unable to pay for the following: | 1086 |
(1) Costs associated with obtaining lead tests and lead | 1087 |
poisoning treatment for children under six years of age who are | 1088 |
not covered by private medical insurance or are underinsured, are | 1089 |
not eligible for the medicaid program established under Chapter | 1090 |
5111. of the Revised Code or any other government health program, | 1091 |
and do not have access to another source of funds to cover the | 1092 |
cost of lead tests and any indicated treatments; | 1093 |
(2) Costs associated with having lead abatement performed or | 1094 |
having the preventive treatments specified in section 3742.41 of | 1095 |
the Revised Code performed. | 1096 |
Sec. 3742.55. In adopting rules under this chapter, the | 1097 |
public health council shall do both of the following: | 1098 |
(A) Adopt rules that are at least as stringent as the | 1099 |
regulations established by the United States environmental | 1100 |
protection agency, United States department of housing and urban | 1101 |
development, or any other federal agency with jurisdiction over | 1102 |
activities pertaining to lead poisoning prevention. | 1103 |
(B) Modify the rules as necessary to ensure that this state | 1104 |
continues to meet the requirements necessary to obtain any federal | 1105 |
funds available for activities pertaining to lead poisoning | 1106 |
prevention, including requirements established by the United | 1107 |
States environmental protection agency, United States department | 1108 |
of housing and urban development, or any other federal agency with | 1109 |
jurisdiction over such activities. | 1110 |
Sec. 3742.99. (A) At the request of the director of health | 1111 |
or a board of health, a prosecuting attorney, city director of | 1112 |
law, village solicitor, or similar chief legal officer may | 1113 |
commence a criminal action against | 1114 |
business entity that violates any provision of section 3742.02, | 1115 |
3742.06, or 3742.07 of the Revised Code, any rule adopted under | 1116 |
this chapter that is directly related to any of the provisions of | 1117 |
those sections, or any order issued pursuant to this chapter that | 1118 |
is directly related to any of the provisions of those sections. | 1119 |
(B) Upon conviction, the | 1120 |
is subject to: | 1121 |
(1) A fine of not more than one thousand dollars or | 1122 |
imprisonment for not more than six months, or both, for a first | 1123 |
offense; | 1124 |
(2) A fine of at least one thousand but not more than five | 1125 |
thousand dollars or imprisonment for at least six months but not | 1126 |
more than three years, or both, for a second or subsequent | 1127 |
offense. Each day of violation is a separate offense. | 1128 |
Section 2. That existing sections 3742.01, 3742.02, 3742.03, | 1129 |
3742.04, 3742.05, 3742.06, 3742.07, 3742.071, 3742.08, 3742.09, | 1130 |
3742.10, 3742.15, 3742.16, 3742.17, 3742.18, 3742.19, 3742.35, | 1131 |
3742.38, 3742.41, 3742.42, 3742.44, 3742.45, 3742.49, 3742.50, | 1132 |
3742.51, and 3742.99 and sections 3742.43, 3742.46, 3742.47, and | 1133 |
3742.48 of the Revised Code are hereby repealed. | 1134 |