Current through all regulations passed and filed through September 16, 2024
(A) The owner or manager of a residential
unit, child care facility, or school that receives a lead hazard control order
shall choose a method of controlling each lead hazard from the methods listed
in this rule that enables the residential unit, child care facility, or school
to pass the clearance examination. Except as specified in paragraphs (D) and
(E) of this rule, lead hazards identified in the lead hazard control order
shall be controlled by a licensed lead abatement contractor as required by
section 3742. of the Revised Code and Chapter 3701-32 of the Administrative
Code.
(B) The following are
acceptable measures of control for lead hazards and shall be applied in
accordance with the United States department of housing and urban development
guidelines, which are available on the internet at
www.hud.gov/offices/lead/lbp/hudguidelines/index.cfm
and in state libraries, and other applicable federal, state, and local laws:
(1) Deterioration of lead-based paint on a
non-friction or non-impact surface shall be controlled using one or more of the
following methods:
(a) Removal of the
lead-based painted component and replacement with a lead-free
component;
(b) Paint removal by
separation of the lead-based paint from the substrate using heat guns (operated
below eleven hundred degrees fahrenheit), chemicals, or certain abrasive
measures either onsite or offsite;
(c) Enclosure of the lead-based painted
component with durable materials. Durable materials include wallboard, drywall,
paneling, siding, coil stock and the sealing or caulking of edges and joints so
as to prevent or control chalking, flaking, peeling, scaling or loose
lead-containing substances from becoming part of house dust or otherwise
accessible to children;
(d)
Encapsulation of lead-based painted component with a durable surface coating
approved in rule
3701-32-13 of the Administrative
Code;
(e) Any other lead safe
method of permanently removing the lead hazard as approved by the director;
or
(f) Paint stabilization as
defined in rule
3701-32-01 of the Administrative
Code and a written ongoing maintenance and monitoring schedule.
(2) Deterioration of lead-based
paint on friction or impact surfaces shall be controlled using one or more of
the following methods:
(a) Removal of the
lead-based painted component and replacement with lead-free
component;
(b) Lead-based paint
removal by separation of the lead-based paint from the substrate using heat
guns (operated below eleven hundred degrees fahrenheit), chemicals or certain
abrasive measures either onsite or offsite;
(c) Enclosure of impact surfaces with durable
materials. Durable material include wallboard, drywall, paneling, a quarter
inch or thicker plywood or other underlayment for floors, coil stock and the
sealing or caulking of edges and joints so as to prevent or control chalking,
flaking, peeling, scaling or loose lead-containing substances from becoming
part of house dust or otherwise accessible to children. The underlayment for
floors must be covered with a finished,
cleanable, flooring material;
(d) Any other lead safe method of permanently
removing the lead hazard as approved by the director; or
(e) Immobilization of the friction points or
application of a treatment that will prevent abrasion of the friction surface
and a written ongoing maintenance and monitoring schedule.
(3) Deterioration of lead-based paint on a
chewable surface shall be controlled using one or more of the following
methods:
(a) Removal of lead-based painted
component and replacement with lead-free components;
(b) Lead-based paint removal by separation of
the lead-based paint from the substrate using heat guns (operated below eleven
hundred degrees fahrenheit), chemicals or certain abrasive measures either
onsite or offsite;
(c) Enclosure of
the lead-based painted component with a material that cannot be penetrated by a
child's teeth;
(d) Encapsulation of
the lead-based painted component by coating and sealing of the component with a
durable surface coating approved in rule
3701-32-13 of the Administrative
Code; or
(e) Any other lead safe
method of permanently removing the lead hazard as approved by the
director.
(4)
Lead-contaminated dust shall be controlled using one or more of the following
methods:
(a) Elimination or control of the
source creating the lead-contaminated dust using an appropriate control method
listed in this rule and followed with specialized cleaning to eliminate the
lead-contaminated dust. Specialized cleaning includes the use of a HEPA vacuum,
wet-mopping and/or wetscrubbing; or
(b) Elimination of the lead-contaminated dust
through specialized cleaning when the source creating the lead-contaminated
dust cannot be identified. Specialized cleaning includes the use of a HEPA
vacuum, wet-mopping or wet-scrubbing.
(5) Lead-contaminated soil shall be
controlled using one or more of the following methods:
(a) Covering of the lead-contaminated bare
soil with a permanent covering such as concrete or asphalt;
(b) Removal of the top six inches of
lead-contaminated bare soil and replacing it with six inches of new soil having
a lead concentration of less than four hundred parts per million;
(c) Covering of the lead-contaminated soil
with an impermanent covering and a written ongoing maintenance and monitoring
schedule. Impermanent covering includes sod and artificial turf. Gravel and
mulch may be used as an impermanent covering if applied at a minimum of six
inches in depth; or
(d) Any other
lead safe method of permanently removing the lead hazard as approved by the
director.
(6)
Lead-contaminated water pipes shall be controlled using one or more of the
following methods:
(a) Removal of plumbing
fixtures and replacement with lead-free fixtures;
(b) Any other lead safe method of permanently
removing the lead hazard as approved by the director; or
(c) Flushing of water lines that are used for
drinking or cooking for a minimum of one minute when water has not been used in
the last six hours.
(C) The following practices are prohibited to
be used as a method of control:
(1) Open flame
burning or torching;
(2) Machine
sanding or grinding without a HEPA local vacuum exhaust tool;
(3) Abrasive blasting or sandblasting without
a HEPA local vacuum exhaust tool;
(4) Use of a heat gun operating above one
thousand one hundred degrees fahrenheit;
(5) Charring paint;
(6) Dry sanding;
(7) Dry scraping, except when done as
follows:
(a) In conjunction with a heat gun
operating at not more than one thousand one hundred degrees
fahrenheit;
(b) Within one foot of
an electrical outlet;
(c) To treat
defective paint spots totaling not more than two square feet in an interior
room or space or twenty square feet on an exterior surface.
(8) Uncontained hydroblasting or
high-pressure washing; and
(9)
Paint stripping in a poorly ventilated space using a volatile stripper that is
considered a hazardous substance under
16
C.F.R. 1500.3 (effective February 14, 2014)
or a hazardous chemical under
29 C.F.R.
1910.1200 (effective February 8, 2013) or
29 C.F.R.
1926.59 (effective June 20, 1996) in the type
of work being performed.
(D) In addition to or in lieu of the accepted
measures of control for lead hazards identified in paragraph (B) of this rule,
a property owner or manager may implement reasonable
controls of lead hazards through the demolition of a building containing lead
hazards. In order to be considered a reasonable control of lead hazards, all
demolition efforts must be conducted in a manner that is protective of human
health, the environment and is compliant with all applicable federal, state,
and local laws.
(E) A property
owner or manager is not required to use a licensed lead abatement contractor
when doing the following:
(1) Removal of mini
blinds;
(2) Flushing of water lines
that are used for drinking or cooking; and/or
(3)
Specialized
cleaning not associated with lead abatement.
(4)
Covering of
lead-contaminated bare soil with an impermanent surface coverings, such as sod,
artificial turf, or six inches of gravel or mulch.
(F) The owner or manager of a property
subject to a lead hazard control order shall inform the director in writing on
a form prescribed by the director as to which lead hazard control method has
been chosen for each lead hazard. The director may provide written comments to the owner
or manager within ten calendar days of receipt of the proposed methods of
control.
(G) After each lead hazard
has been sufficiently controlled by a licensed lead abatement contractor or
lead abatement worker, the property owner or manager shall ensure the
successful completion of a clearance examination by a licensed lead risk
assessor or lead inspector in accordance with rule
3701-32-12 of the Administrative
Code. The property owner or manager shall submit a copy of the clearance
examination report to the director.
(H) Upon a determination by the director that
all lead hazards have been sufficiently controlled, an ongoing maintenance and
monitoring plan is in place, when applicable, and a clearance examination has
been passed, the director shall issue a notice to the property owner or manager
that lifts the lead hazard control order.
