Current through all regulations passed and filed through September 16, 2024
(A) Manufacturers of encapsulant products
shall demonstrate a design life of twenty years and the safety and durability
of their products by:
(1) Providing results
of testing from an independent laboratory indicating that the product meets the
most current performance standards developed by the
ASTM for non-reinforced liquid coating
encapsulation products or for reinforced liquid coating encapsulation products.
The independent laboratory providing the testing shall be accredited by the
United States department of commerce, national voluntary laboratory
accreditation program ;
and
(2) Submitting results of an
assessment from a toxicologist certified by the "American board of toxicology"
regarding the potential human health risks that may be attributable to the
encapsulant product from repeated or one-time exposures during product
preparation, application, curing, and fully cured states. The assessment shall
include recommendations regarding occupancy during and after application of the
product.
(B) The
director shall issue approval to the manufacturer of an encapsulant product
provided the manufacturer has done all of the following:
(1) Submitted a complete application form for
approval to the director on the form prescribed by the director;
(2) Submitted the toxicology assessment
results as provided in paragraph (A) of this rule;
(3) Paid the non-refundable application fee
of five hundred dollars; and
(4)
Submitted the results from an accredited independent laboratory indicating the
product satisfies ASTM standards as provided in paragraph (A) of this
rule.
(C) Subject to
Chapter 119. of the Revised Code, the director may refuse to issue, suspend, or
revoke approval of an encapsulant product, if the manufacturer or any one of
its principal officers:
(1) Has obtained or
attempted to obtain approval by submitting fraudulent or deceptive information
on an application for approval;
(2)
Fails at any time to meet the qualifications for approval; or
(3) Violates or has violated any provisions
of Chapter 3742. of the Revised Code or Chapter 3701-32 of the Administrative
Code.
Effective:
8/4/2014
R.C. 119.032 review dates:
04/01/2014 and
04/01/2019
Promulgated
Under: 119.03
Statutory Authority: 3742.03
Rule
Amplifies: 3742.03
Prior Effective Dates: 4/9/1995, 3/21/98,
4/1/04
