Current through all regulations passed and filed through September 16, 2024
(A) No person shall do any of the following
when a residential unit, child care facility, or school is involved:
(1) Perform a lead inspection without a valid
lead inspector license or valid lead risk assessor license;
(2) Perform a lead risk assessment, lead
hazard screen risk assessment, or lead risk assessment activity without a valid
lead risk assessor license;
(3)
Perform a clearance examination following lead abatement without a valid lead
inspector license, or valid lead risk assessor license;
(4) Perform a clearance examination following
non-abatement lead activities without a valid clearance technician license,
unless that person holds a valid lead inspector license or valid lead risk
assessor license;
(5) Supervise a
lead abatement project without a valid lead abatement contractor license, or
valid lead abatement project designer license;
(6) Provide professional advice regarding
lead abatement without a valid lead abatement contractor license, or valid lead
abatement project designer license;
(7) Perform lead abatement without a valid
lead abatement worker license, valid lead abatement contractor license, or
valid lead abatement project designer license;
(8) Perform lead abatement without the
on-site supervision of a lead abatement contractor or lead abatement project
designer;
(9) Act as a lead
abatement project designer without a valid lead abatement project designer
license;
(10) Knowingly authorize
or employ an individual to perform lead abatement, unless the individual who
will perform the lead abatement holds a valid lead abatement contractor
license, valid lead abatement project designer license, or valid lead abatement
worker license;
(11) Have
any
renovation performed in lieu of having lead abatement performed on a property
at which a lead-poisoned child under six years of age has been
identified;
(12) Perform lead hazard control on a property at
which a lead-poisoned child has been identified, without holding a valid lead
abatement contractor license, valid lead abatement project designer license, or
valid lead abatement worker license;
(13) Employ or
authorize any person to perform lead hazard control on a property where a lead
hazard control order has been issued pursuant to rule
3701-30-09 of the Administrative
Code, unless that person holds a valid lead abatement contractor license, valid
lead abatement project designer license, or valid lead abatement worker
license, until the lead hazard control order has been lifted;
(14)
Perform a clearance examination on a residential unit, child care facility, or
school where lead hazard control orders have been issued pursuant to rule
3701-30-09 of the Administrative
Code without a valid lead risk assessor or valid lead inspector license, until
the lead hazard control order has been lifted;
(15) Interfere with
an investigation conducted by the director or a board of health in accordance
with section 3742.35 of the Revised
Code;
(16) Perform interim controls without complying with
24 C.F.R. Part 35 ;
(17)
Use an encapsulation product for the purposes of lead abatement that has not
been approved by the director pursuant to division (H) of section
3742.03 of the Revised Code and
rule 3701-32-13 of the Administrative
Code;
(18) Use the services of an environmental lead
analytical laboratory that has not been approved by the director pursuant to
section 3742.09 of the Revised Code and
rule 3701-82-02 of the Administrative
Code;
(19) Collect or analyze composite dust wipe
samples;
(20) Provide or offer to provide analysis of lead
content in air, dust, soil, water,paint film or
other substances, for the purposes of meeting the requirements of Chapter 3742.
of the Revised Code and Chapter 3701-32 of the Administrative Code unless that
person is approved by the director as an environmental lead analytical
laboratory or employed by an environmental lead analytical laboratory approved
by the director;
(21) Provide or offer to provide analysis of lead
content in blood, for the purpose of meeting the requirements of Chapter 3742.
of the Revised Code and Chapters 3701-30 and 3701-32 of the Administrative Code
unless that person is approved by the director as a clinical laboratory or
employed by a clinical laboratory approved by the director;
(22)
Perform lead training for licensing purposes without a valid approval from the
director; or
(23) Use a chemical test kit for sampling when
conducting lead inspections or lead risk assessments.
(B) When the requirements of Chapters 3701-32
and 3701-82 of the Administrative Code conflict with the HUD guidelines,
individuals who engage in lead activities or nonabatement lead activities shall
comply with the requirements of Chapters 3701-32 and 3701-82 of the
Administrative Code.
(C) The
director may issue an immediate cease work order to a person licensed pursuant
to this chapter if the director determines that the license holder is violating
the terms or conditions of the license in a manner that endangers or materially
impairs the health or well-being of an occupant of a residential unit, child
care facility, or school or a person employed to perform lead
activities.
(D) If applicable,
anyone engaging in lead abatement or non-abatement shall comply with Chapter
3714. of the Revised Code and rules in Chapter 3745-400 of the Administrative
Code for construction and demolition debris; and
Chapter 3734. of the Revised Code and the rules adopted thereunder for
hazardous waste, solid waste, and
industrial solid waste landfills.
(E) No person shall violate any provision of
Chapter 3742. of the Revised Code or this chapter of the Administrative
Code.
(F)
The director shall monitor and audit lead abatement projects
through unannounced inspections. A lead abatement contractor, lead abatement
project designer and lead abatement workers associated with the lead abatement
project shall cooperate and assure access to the director or his designee
conducting the inspection.
