Current through all regulations passed and filed through September 16, 2024
(A) A lead risk
assessor is licensed to conduct:
(1) Lead
inspections;
(2) Lead-based paint
sampling;
(3) Clearance
examinations;
(4) Lead risk
assessments;
(5) Lead hazard screen
risk assessments;
(6) Other lead
assessment activities; and
(7)
Identify lead hazard control strategies to reduce or eliminate lead
exposures.
(B) A lead
risk assessor shall not:
(1) Design lead
abatement projects;
(2) Prepare
pre-abatement plans;
(3) Write lead
abatement specifications; and
(4)
Perform lead abatement.
(C) To apply for a license as a lead risk
assessor, an individual shall comply with the applicable provisions of rule
3701-32-04 of the Administrative
Code.
(D) For all lead activities
performed by a lead risk assessor, the lead risk assessor, when applicable,
shall:
(1) Submit any paint-chip, soil or air
samples collected for lead concentration analysis to an environmental lead
analytical laboratory approved pursuant to rule
3701-82-02 of the Administrative
Code;
(2) Submit any dust samples
collected for lead loading analysis to an environmental lead analytical
laboratory approved pursuant to rule
3701-82-02 of the Administrative
Code;
(3) Submit any water samples
collected for lead concentration analysis to a laboratory approved pursuant to
Chapter 3745-89 of the Administrative Code;
(4) Use documented methodologies
incorporating adequate quality control procedures when collecting environmental
samples;
(5) Use single-surface
dust sampling techniques;
(6) Use
an acceptable wipe material as defined by ASTM E 1792, "Standard specification
for wipe sampling materials for lead in surface dust"; and
(7) For environmental samples, use the lead
hazard levels set forth in rule
3701-32-19 of the Administrative
Code to determine whether lead-based paint or lead hazards have been
identified.
(E) A lead
risk assessor shall perform a lead inspection according to the procedures in
Chapter 7 of the HUD guidelines. In addition, the lead risk assessor shall:
(1) Prepare a written lead inspection report
for each lead inspection performed. Each report shall be written in a format
prescribed by the director and shall comply with the requirements in rule
3701-32-15 of the Administrative
Code. The report shall contain the following:
(a) Date of the lead activity;
(b) Address, unit number, and date of
construction of the residential unit, child care facility or school;
(c) Name, address, and telephone number of
the owner or manager of the residential unit, child care facility or
school;
(d) Name, license number,
and signature of each
lead risk assessor conducting the testing and
the name, address, and telephone number of the firm employing each lead risk
assessor;
(e) Name, address,
telephone number, and approval number of each environmental lead analytical
laboratory used, to perform the analysis of any collected samples;
(f) All data collected from on-site testing,
including quality control data, and, if an XRF is used, its serial
number;
(g) Specific locations of
all surfaces or components tested or sampled;
(h) A copy of the laboratory report with the
results of the environmental samples expressed in terms appropriate to the
sampling method used;
(i) The
statement specified in paragraph (E) of rule
3701-32-15 of the Administrative
Code displayed at the top of the report in bold letters; and
(j) When no lead-based paint is identified in
a residential unit, the following statement in bold letters, "The results of
this inspection indicate no lead in amounts greater than or equal to 1.0
mg/cm2, 0.5 percent by
weight, or 5,000 parts per million by weight in paint was found on any building
components of the residential unit using the inspection protocol in Chapter 7
of the HUD guidelines. Therefore, this residential unit qualifies for the
exemption in 24 C.F.R. part 35 and 40 C.F.R. part 745 for target housing being
leased is free of lead-based paint, as defined in rule
3701-32-01 of the Administrative
Code. However, some painted surfaces may contain levels of lead below 1.0
mg/cm2, 0.5 percent by
weight, or 5,000 parts per million by weight, which could create lead dust or
lead-contaminated soil hazards if the paint is turned into dust by abrasion,
scraping, or sanding. This report should be kept by the lead risk assessor and
should also be kept by the owner and all future owners for the life of the
structure or dwelling."
(F) A lead risk assessor shall perform a lead
hazard screen risk assessment according to the procedures in Chapter 5 of the
HUD guidelines. In addition, the lead risk assessor shall:
(1) Collect background information regarding
the physical characteristics and occupant use patterns in the residential unit,
child care facility or school that may cause lead-based paint exposure to one
or more children under six years of age;
(2) When conducting a lead hazard screen risk
assessment:
(a) Conduct a visual assessment of
the residential unit, child care facility or school to determine whether any
deteriorated paint is present and locate at least two dust sampling
locations;
(b) Test each interior
and exterior surface with deteriorated paint;
(c) Collect dust samples as follows:
(i) In a single-family residential unit the
lead risk assessor shall collect one dust sample from the floor and one dust
sample from the window sill, in rooms, hallways, and stairwells, where one or
more children, under six years of age, are most likely to come in contact with
dust; and
(ii) In a multi-family
residential unit or child care facility, or school, the lead risk assessor
shall collect, in addition to floor and window samples specified in paragraph
(F)(2)(c)(i) of this rule, a dust sample from common areas where one or more
children, under six years of age, are most likely to come into contact with
dust.
(d) Prepare a
written lead hazard screen risk assessment report for each lead hazard screen
risk assessment performed. Each report shall be written in a format prescribed
by the director and shall comply with the requirements set forth in rule
3701-32-15 of the Administrative
Code. The report shall contain all of the following:
(i) Date of the lead activity;
(ii) Address, unit number, and date of
construction of the residential unit, child care facility or school;
(iii) Name, address, and telephone number of
the owner or manager of the residential unit, child care facility or
school;
(iv) Name, license number,
and signature of each
lead risk assessor conducting the lead hazard
screen risk assessment and the name, address, and telephone number of the firm
employing each lead risk assessor;
(v) Name, address, telephone number, and
approval number of each environmental lead analytical laboratory used to
perform the analysis of any collected samples;
(vi) Results of the visual assessment, and a
copy of the laboratory report with the results of any sampling analysis
performed during the course of the lead hazard screen risk
assessment;
(vii) The testing
method and sampling procedure for paint analysis employed and the specific
locations of each component tested for the presence of lead;
(viii) All data collected from on-site
testing, including quality control data and, if an XRF is used, its serial
number;
(ix) Any recommendations
for follow-up lead risk assessments or for further actions to remediate the
lead hazards, if warranted; and
(x)
The statement prescribed in paragraph (E) of rule
3701-32-15 of the Administrative
Code prominently displayed at the top of the report in bold letters.
(G) A lead
risk assessor shall perform a lead risk assessment according to the procedures
in Chapter 5 of the HUD guidelines. The lead risk assessor, as part of the risk
assessment, shall:
(1) Complete a
questionnaire prescribed by the director;
(2) Review any previous testing reports, if
available. The lead risk assessor may use the previous testing results in lieu
of further testing if the previous testing results are found to be reliable
according to Chapter 5 of the HUD guidelines;
(3) Perform a visual assessment of the
interior and exterior of the residential unit, child care facility or school.
During the visual assessment, identify, on forms prescribed by the director,
all of the following:
(a) Overall building
condition;
(b) Areas of bare
soil;
(c) Interior and exterior
surfaces with deteriorated paint;
(d) Painted surfaces that are impact points
or subject to friction; and
(e)
Chewable surfaces.
(4)
Test the following deteriorated paint, by means of paint-chip sample analysis
or XRF analysis, on or in the following:
(a)
The interior and exterior surfaces and all common areas of the residential
unit, child care facility or school; and
(b) Every attached or unattached structure
located within the same lot line as the residential unit, child care facility
or school, including garages, play equipment, and fences; and
(c) The lot or land occupied by the
residential unit, child care facility or school.
(5) In residential units, dust samples shall
be collected from living areas, in a minimum of four rooms, hallways or stairs.
Sampling priority shall be given to those rooms where one or more children
under six years of age are most likely to come into contact with dust. A
minimum of nine dust samples shall be taken to represent each residential unit,
including samplings from:
(a) An interior
window sill in no fewer than four room equivalents, hallways, or stairs. If the
window system does not include a window sill, the sample shall be conducted
from the nearest horizontal surface;
(b) A floor in a minimum of four room
equivalents, hallways, or stairs. If there are fewer than four room
equivalents, hallways, or stairs in the residential unit, all floors in the
unit shall be sampled; and
(c) The
floor inside of the principal entryway of the residential unit.
(6) In multi-family residential
units, in addition to the sampling requirements of paragraphs (G)(4) and (G)(5)
of this rule, perform, at a minimum, sampling in the following locations:
(a) Common areas in the building where the
lead risk assessor determines one or more children, under six years of age, are
likely to come into contact with dust; and
(b) The floor inside of the principal
entryway of the residential unit;
(7) In child care facilities or schools, dust
samples shall be collected from each room, hallway, or stairwell and other
common areas in the child care facility or school. A lead risk assessor shall:
(a) For room equivalents up to three hundred
square feet, collect a singlesurface sample from a window sill and
floor;
(b) For room equivalents
greater than three hundred square feet up to two thousand square feet:
(i) Collect at least two dust samples from
floors located in widely separated locations in "high traffic" areas regularly
used or accessible to children under six years of age;
(ii) Collect at least two dust samples from
interior window sills;
(c) For room equivalents over two thousand
square feet:
(i) In addition to the samples
required by paragraph (G)(7)(b)(i) of this rule, collect one additional dust
sample from floors for each additional two thousand square foot area;
(ii) In addition to the samples required by
paragraph (G)(7)(b)(ii) of this rule, collect one additional dust sample from
alternating windows sills for each additional floor area of two thousand square
feet, unless all the windows in the space were sampled as part of the
requirements of paragraph (G)(7)(b)(ii) of this rule.
(8) Collect soil samples for lead
concentration analysis from a residential unit, child care facility or school
from the following locations:
(a) Exterior
play areas where bare soil is present; and
(b) Exterior non-play areas where bare soil
is present, including the building foundation and drip line areas;
(9) Collect water samples for lead
concentration analysis from the tap(s) most commonly
used for drinking water, infant formula preparation, or food preparation,
if warranted; and
(10) Prepare a
written lead risk assessment report for each lead risk assessment performed.
Each report shall be written in a format prescribed by the director and shall
comply with the requirements set forth in rule
3701-32-15 of the Administrative
Code. The report shall contain all of the following:
(a) Date of the lead activity;
(b) Address, unit number, and date of
construction of the residential unit, child care facility, or school;
(c) Name, address, and telephone number of
the owner or manager of the residential unit, child care facility, or
school;
(d) Name, license number,
and signature of each
lead risk assessor conducting the lead
risk
assessment and the name, address, and telephone number of
the firm employing each lead risk assessor;
(e) Name, address, telephone number, and
approval number issued pursuant to rule
3701-82-02 of the Administrative
Code of each environmental lead analytical laboratory used to perform the
analysis of any collected samples;
(f) Results of the visual
assessment;
(g) The testing method
and sampling procedure for paint analysis employed and the specific locations
of each component tested for the presence of lead;
(h) All data collected from on-site testing,
including any quality control data, and, if an XRF is used, its serial
number;
(i) Background information
regarding the physical characteristics and occupant use patterns that may cause
lead hazard exposure to one or more children under six years of age;
(j) A diagram of the floorplan of the
residential unit, child care facility or school showing the environmental
sample locations;
(k) A copy of the
laboratory results of the lead loading analysis of dust samples, in micrograms
per square foot, by location of sample;
(l) A copy of the laboratory results of the
lead concentration analysis of soil samples, in parts per million or lead by
weight, by location of sample;
(m)
A copy of the laboratory results of the lead concentration analysis of water
samples, in parts per billion;
(n)
A description of the location and type of identified lead hazards;
(o) A description of recommended
non-abatement, or abatement options, or both, as applicable, for each
identified lead hazard and any suggested
prioritization for addressing each hazard. If the use of an encapsulant,
enclosure, or non-abatement option is recommended, the lead risk assessment
report shall recommend a maintenance and monitoring schedule for the
encapsulation, enclosure or non-abatement to maintain control of each lead
hazard identified;
(p)
Risk assessments
that have included water sampling shall include recommendations for any
follow-up water sampling, information on the health risks of lead, and options
for treatment and/or removal of lead from water; and
(q)
The statements prescribed in paragraph (E) of 3701-32-15 of the Administrative
Code prominently displayed at the top of the report in bold letters.