(A)
When the
director becomes aware that an individual under six years of age has lead
poisoning the director shall conduct a public health lead investigation to
determine the source of the lead poisoning. When the director becomes aware
that an individual between six years and sixteen years of age has lead
poisoning, the director may conduct a public health lead investigation to
determine the source of the lead poisoning.
When the director becomes aware that a child under six years
of age has an elevated blood lead level or lead poisoning, the director shall
cause the completion of a comprehensive questionnaire on a form prescribed by
the director. When the director becomes aware that a child between six years
and sixteen years of age has an elevated blood lead level or lead poisoning,
the director may cause the completion of a comprehensive questionnaire on a
form prescribed by the director. Upon completion of the questionnaire the
director is obligated to provide a report in a format prescribed by the
director, to the child's parent or guardian that includes but is not limited
to, educational materials prescribed by the director, environmental
intervention options, and available early intervention
programs.
(B)
For children with a blood lead level of five
micrograms per deciliter or greater but less than ten micrograms per deciliter
the director shall cause the completion of a comprehensive questionnaire on a
form prescribed by the director. In the event the comprehensive questionnaire
is completed by someone other than a public health lead investigator, the
questionnaire shall be reviewed and approved by a public health lead
investigator. The public health lead investigator shall complete and provide a
public health lead investigation report, on a form prescribed by the director,
to the child's parent or guardian along with educational materials prescribed
by the director.
When the director becomes
aware that a child under six years of age has lead poisoning, the director
shall conduct a public health lead investigation to determine the source of the
lead poisoning. When the director becomes aware that a child between six years
and sixteen years of age has lead poisoning, the director may conduct a public
health lead investigation to determine the source of the lead
poisoning.
(C) For children
with a blood lead level of ten micrograms per deciliter or greater the director
shall conduct an on-site investigation of a residential unit, child care
facility or school. The investigation shall be performed by a public health
lead investigator.
(1) Prior to or during an
on-site investigation, the public health lead investigator shall:
(a) Review known records and reports on
applicable residential units, child care facilities, or schools made by any
licensed lead inspector, lead abatement contractor, lead risk assessor, lead
abatement project designer, lead abatement worker, or clearance technician;
and
(b) Complete a comprehensive
questionnaire on a form prescribed by the director. In the event the
comprehensive questionnaire is completed by someone other than a public health
lead investigator, the questionnaire shall be reviewed and approved by a public
health lead investigator.
(2) Based on the review of known records and
reports and the completion of the comprehensive questionnaire the public health
lead investigator shall do the following as appropriate:
(a) A visual assessment of the residential
unit, child care facility, or school recording findings on a form prescribed by
the director;
(b) X-ray
fluorescence (XRF) analysis of deteriorated paint on or in:
(i) Interior surfaces, exterior surfaces, and
common areas of the residential unit, child care facility, or school;
and
(ii) Attached or unattached
structures located within the same lot line as the residential unit, child care
facility, or school, including garages, play equipment, and fences;
(c) Other non-property samples
(e.g. glazed dinnerware, ceramic cookware, toys, folk remedies, etc.) for
analysis as deemed necessary to determine a possible source of lead
poisoning.
(D) After performing the components set forth
in paragraph (C) of this rule, the public health lead investigator shall
continue the investigation in accordance with the following:
(1) If the public health lead investigator is
able to determine that a residential unit, child care facility or school is a
possible source of lead poisoning, the public health lead investigator shall
conduct a public health lead risk assessment of one or more residential units,
child care facilities or schools in accordance with rule
3701-30-08 of the Administrative
Code;
(2) If the public health lead
investigator is not able to determine that a residential unit, child care
facility or school is a possible source of lead poisoning, the public health
lead investigator shall take targeted environmental samples, to determine if
the residential unit, child care facility or school is a possible source of
lead poisoning. The targeted environmental samples may include the following:
(a) Dust samples, for analysis, as
appropriate, from the following areas including porches and other exterior
living areas as defined in rule
3701-32-01 of the Administrative
Code, kitchens, bedrooms, living rooms, and dining rooms;
(b) Soil samples, for analysis, as
appropriate, from bare soil surfaces on play areas, the drip line of the
residential unit, child care facility or school, and the yard; and
(c) First draw or flushed water samples for
analysis, as appropriate, from the tap most commonly used for drinking water,
infant formula, or food preparation. Water samples shall be collected in
accordance with sample methods specified in paragraph (B) of rule 3 745-81-86
of the Administrative Code.
If the results of the analysis of any of the targeted
environmental samples exceed the hazard level as set forth in rule
3701-32-19 of the Administrative
Code, the public health lead investigator may conclude that the residential
unit, child care facility or school is a possible source of lead poisoning and
conduct a public health lead risk assessment of the residential unit, child
care facility or school in accordance with rule
3701-30-08 of the Administrative
Code.
If the results of the analysis of the targeted environmental
samples are below the hazard level as set forth in rule
3701-32-19 of the Administrative
Code, the public health lead investigator may conclude that the residential
unit, child care facility or school is not a possible source of the lead
poisoning. The public health lead investigator shall then investigate any other
residential unit, child care facility or school that the public health lead
investigator reasonably suspects to be a possible source of lead
poisoning.
(E) At the conclusion of the public health
lead investigation, which may include one or more public health lead risk
assessments conducted in accordance with rule
3701-30-08 of the Administrative
Code, the public health lead investigator shall prepare and provide a report in
a format prescribed by the director. The report shall contain the following
information, unless it is otherwise included in a public health lead risk
assessment report created pursuant to rule
3701-30-08 of the Administrative
Code:
(1) Date(s) of the public health lead
investigation;
(2) Address, unit
number, and date of construction of each residential unit, child care facility
or school investigated;
(3) Name,
address, and telephone number of the owner or manager of each residential unit,
child care facility or school investigated;
(4) Name, license number, and signature of
the public health lead investigator conducting the public health lead
investigation and the name, address, and telephone number of the agency
employing each public health lead investigator;
(5) Name, address, and telephone number of
each environmental lead analytical laboratory approved pursuant to rule
3701-82-02 of the Administrative
Code performing the analysis of any collected samples;
(6) Results of the visual assessment of each
residential unit, child care facility or school investigated;
(7) The testing method and sampling procedure
for paint analysis employed and the specific locations of each component tested
for the presence of lead;
(8) All
data collected from on-site testing, including the quality control data and, if
an XRF is used, its serial number;
(9) For residential units the following
statement displayed at the top of the report in bold letters:
Ohio law (section
5302.30 of the Revised Code)
requires every person who intends to transfer any residential real property by
sale, land installment contract, lease with option to purchase, exchange, or
lease for a term of ninety-nine years and renewable forever, to complete and
provide a copy to the prospective transferee of the applicable property
disclosure forms, disclosing known hazardous conditions of the property,
including lead-based paint hazards.
Federal law ( 24 CFR part 35 and 40 CFR part 745) requires
sellers and lessors of residential units constructed prior to 1978, except
housing for the elderly or persons with disabilities (unless any child who is
less than six years of age resides or is expected to reside in such housing) or
any zero-bedroom dwelling to disclose and provide a copy of this report to new
purchasers or lessees before they become obligated under a lease or sales
contract. Property owners and sellers are also required to distribute an
educational pamphlet approved by the United States environmental protection
agency and include standard warning language in sales contracts or in or
attached to lease contracts to ensure that parents have the information they
need to protect children from lead-based paint hazards.
(10) Background information regarding the
physical characteristics and occupant use patterns that may cause lead hazard
exposure to one or more children;
(11) Results of the lead loading analysis of
dust samples, in micrograms per square foot, by location of samples recorded on
a diagram of the floor plan of each residential unit, child care facility or
school investigated;
(12) Results
of the lead concentration analysis of soil samples, in parts per million, by
location of sample recorded on a plot plan of each residential unit, child care
facility or school investigated;
(13) Results of the lead concentration
analysis of water samples, in parts per billion;
(14) Other sources of lead identified by the
public health lead investigator in the child's environment; and
(15) Any other information required by the
director.
(F) A copy of
the complete public health lead investigation report including any public
health lead risk assessment report(s) obtained pursuant to the public health
lead investigation and required to be reported under paragraph (C) of rule
3701-30-08 of the Administrative
Code shall be provided to the child's parent or guardian.
