Current through all regulations passed and filed through September 16, 2024
(A) A clearance examination includes a visual
assessment of a residential unit, child care facility, or school that may be
followed by the collection of environmental samples to determine whether the
lead abatement, interim controls, or non-abatement lead activities in a
residential unit, child care facility, or school has sufficiently controlled
lead hazards or presumed lead hazards.
(B) The clearance standards set forth in rule
3701-32-19 of the Administrative
Code shall be used to determine if the lead hazards or presumed lead hazards
have been sufficiently controlled.
(C) Clearance examinations shall be performed
by a lead risk assessor, lead inspector or clearance technician. A clearance
technician shall perform clearance examinations on non-abatement projects
only.
(D) When performing any
clearance examination at a residential unit, child care facility or school, a
lead inspector, lead risk assessor or clearance technician shall implement the
following quality control measures:
(1)
Collect dust samples for clearance examination purposes at a minimum of one
hour after completion of final cleaning activities;
(2) Use documented methodologies
incorporating quality control procedures when collecting environmental
samples;
(3) Use single-surface
dust sampling techniques only;
(4)
Use a wipe material acceptable to ASTM as described in the E 1792, "Standard
specification for wipe sampling materials for lead in surface dust," when
taking dust samples;
(5) Submit any
dust, paint chip, soil, or air samples collected for lead analysis to an
environmental lead analytical laboratory approved by the director pursuant to
rule 3701-82-02 of the Administrative
Code; and
(6) Submit any water
samples collected for lead concentration analysis to a laboratory approved
pursuant to Chapter 3745-89 of the Administrative Code.
(E) Except as provided in paragraph (G) of
this rule, when performing a clearance examination in residential units, child
care facilities or schools, the lead risk assessor, the lead inspector, or
clearance technician shall do all of the following:
(1) Perform a visual assessment in the
clearance area to identify all remaining deteriorated paint, visible dust,
paint chips, debris or residue. For exterior areas, visually verify that bare
soil has been covered, enclosures have been installed properly, and painted
surfaces have been properly sealed. The findings shall be recorded on a form
prescribed by the director. If deficiencies are found during the visual
assessment:
(a) Inform the property owner,
person or persons, performing the associated lead abatement or non-abatement
work, or both, so all deficiencies may be corrected;
(b) Ensure the person or persons performing
the associated lead abatement or non-abatement work controls or eliminates all
identified deficiencies in order to pass the visual assessment; and
(c) Perform additional visual assessments to
assure that the deficiencies are corrected, controlled or eliminated.
(2) Following a successful visual
assessment, choose sample locations and collect the environmental samples for
analysis at a residential unit in accordance with appendix A to this rule and
at a child care facility or school in accordance with appendix B to this
rule;
(3) If one or more
environmental sample fails to meet the clearance standards established in rule
3701-32-19 of the Administrative
Code, additional clearance examinations of the property must be performed until
the clearance standards are met. For a failed dust wipe sample, all the
components represented by the failed sample shall be re-cleaned. Additional
clearance examinations of the residential unit, child care facility, or school
shall be conducted in accordance with paragraphs (E)(1), (E)(2) and (E)(3) of
this rule, except only those components or areas requiring additional cleaning
or other correction are part of the clearance area.
(F) Where similar multi-family residential
units, child care facilities or schools with similar room equivalents have
undergone comparable types of lead hazard control, the units, common areas,
room equivalents, exterior areas, or all, may be grouped together and randomly
sampled for the purposes of clearance, provided that:
(1) The individuals performing the lead
hazard control do not know which residential units, common areas, or exterior
areas will be selected for the random sample
(2) The minimum number of residential units,
common areas, room equivalents, or exterior areas, or any combination of these
areas, to be sampled shall be determined by appendix C to this rule;
(3) All randomly sampled residential units,
common areas, room equivalents, or exterior areas, or any combination of these
areas meet the clearance standards set forth in rule
3701-32-19 of the Administrative
Code; and
(4) Each randomly sampled
residential units, common areas, room equivalents, or exterior areas, or any
combination of these areas has a clearance examination or clearance
examinations in accordance with paragraphs (E)(1), (E)(2), and (E)(3) of this
rule.
(G) When
performing a clearance examination at 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, the lead inspector or lead risk assessor shall do all of the following:
(1) Review the lead hazard control order
issued by the director to determine the clearance area. The lead inspector or
lead risk assessor shall compare the work performed with the hazards listed in
the lead hazard control order and ensure that all the identified lead hazards
have been sufficiently controlled or eliminated. This review shall be
documented in the final clearance report;
(2) Perform a visual assessment in the
clearance area to identify all remaining deteriorated paint, visible dust,
paint chips, debris, residue and any remaining lead hazards. The findings shall
be recorded on a form prescribed by the director. If deficiencies are found
during the visual assessment:
(a) Inform the
property owner, person or persons, performing the associated lead abatement so
all deficiencies may be corrected;
(b) Ensure the person or persons performing
the associated lead abatement eliminates all identified deficiencies in order
to pass the visual assessment; and
(c) Perform additional visual assessments to
assure that the deficiencies are controlled or eliminated.
(3) Following a successful visual assessment,
choose sample locations and collect environmental samples at residential units,
in accordance with appendix A to this rule and at child care facilities or
schools, in accordance with appendix B to this rule;
(4) Perform additional clearance examinations
of the residential unit or units, child care facility, or school following the
procedures in paragraphs (H)(1), (H)(2) and (H)(3) of this rule, when clearance
examination sample results indicate the lead loading of the dust samples are
equal to or exceed the clearance examination levels set forth in rule
3701-32-19 of the Administrative
Code; and
(5) Perform soil sampling
at residential units, in accordance with appendix A to this rule and at child
care facilities or schools, in accordance with appendix B to this rule where
property that is subject to a lead hazard control order in accordance with rule
3701-30-09 of the Administrative
Code is demolished and bare soil remains.
(H) The lead inspector, risk assessor or
clearance technician shall prepare a clearance examination report for each
clearance examination performed. The clearance examination report shall be
written in a format prescribed by the director and shall comply with rule
3701-32-15 of the Administrative
Code and contain the following:
(1) The
address of the residential unit, child care facility or school and, if only
part of a property is affected, the specific dwelling units and common areas
affected;
(2) Name, address, and
telephone number of the owner and manager of the residential unit, child care
facility or the name, address and telephone number of the school
principal;
(3) Information on the
lead abatement or non-abatement activity for which the clearance examination
was performed, including;
(a) Start and
completion dates of the lead abatement or non-abatement activity for which the
clearance examination was performed;
(b) Name, address, and telephone number of
the designated lead abatement contractor or lead abatement project designer, or
persons performing nonabatement activity; and
(c) A detailed written description of all
lead abatement, interim controls, and paint stabilization locations where the
activity was performed and suggested monitoring schedule of encapsulants,
enclosures, and nonabatement lead activities to maintain sufficient control of
lead hazards.
(4) The
following information on the clearance examination:
(a) Date of all clearance
examinations;
(b) Name, address,
license number and signature of each person performing the clearance
examination;
(c) For a clearance
examination following lead abatement on a property under a lead hazard control
order in accordance with rule
3701-30-09 of the Administrative
Code: A statement indicating whether all the lead hazards identified in the
lead hazard control order have been sufficiently eliminated or controlled,
based on comparison of the lead hazard control order with the work
performed;
(d) Findings of each
visual assessment on a form prescribed by the director;
(e) A diagram of the floor plan of the
residential unit, child care facility or school illustrating the location of
each environmental sample collected;
(f) Sample location and result of each dust
sample analysis in micrograms per square foot;
(g) Sample location and result of each soil
sample analysis in parts per million or per cent lead by weight;
(h) Sample location, type, and result of each
water sample analysis in parts per billion; and
(i) Name, address, telephone and approval
number of each lead analytical laboratory conducting the analysis of any
environmental sample and a copy of the laboratory results.
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