As used in Chapters 3701-32 and 3701-82 of the Administrative
(A) "ASTM" means the american
society for testing and materials.
(B) "Bare soil" means soil or sand, including
sand found in sandboxes, not covered with grass, sod, or some other similar
vegetation, or paving.
"Chewable surface" means any protruding interior or exterior painted or coated
surface on which there is evidence of teeth marks.
"Child care facility" means each area of
any of the following in which child care, defined in section
the Revised Code, is provided to children under six years of age:
(1) A child day-care center, type A family
day-care home, or type B family day-care home as defined in section
the Revised Code; or
preschool program or school child program as defined in section
of the Revised Code.
"Clearance area" means the portion of the property where lead abatement or
nonabatement was performed and dust containment was established. The clearance
area shall be the entire unit if dust containment was not
examination" means an examination to determine whether the lead hazards in a
residential unit, child care facility, or school have been sufficiently
controlled. A clearance examination includes a visual assessment, collection,
and analysis of environmental samples.
(G) "Clearance technician" means a person,
other than a licensed lead inspector or lead risk assessor, who performs a
means a clinical laboratory that is certified or in possession of a certificate
of waiver issued by the United States department of health and human services
pursuant to the "Clinical Laboratory Improvements
of 1988" as set forth in Public Law 100578.
(I) "Clinical laboratory" means a facility
for the biological, microbiological, serological, chemical,
immunohematological, hematological, biophysical, cytological, pathological, or
other examination of substances derived from the human body for the purpose of
providing information for the diagnosis, prevention, or treatment of any
disease, or in the assessment or impairment of the health of human beings.
"Clinical laboratory" does not include a facility that only collects or
prepares specimens, or serves as a mailing service, and does not perform
(J) "Containment" means
the physical measures taken to isolate the work area in order to ensure that
dust and debris created or released during activities are not spread, blown or
tracked outside the work area.
"Deteriorated paint" means any interior or exterior paint or other coating that
is peeling, chipping, chalking, or cracking, or any paint or coating located on
an interior or exterior surface or fixture that is otherwise damaged or
separated from the substrate, or paint on a friction or impact surface that
shows abrasion or other evidence of damage to the paint from the friction or
(L) "Director" means the
director of the Ohio department of health, the director's designee, or the
director's authorized agent.
"Documented methodologies" means a method or methods, prescribed by legal
requirements, recognized and published by a national organization, or developed
and validated by the environmental lead analytical laboratory or personnel
employing the method or methods. Sample collection methods, preparation
procedures and analytical methods recommended by the United States
environmental protection agency, national institutes of safety and health,
ASTM, AOAC, APHA, the United States department of urban development and others
may be acceptable if the environmental lead analytical laboratory or personnel
has demonstrated acceptable performance for each particular matrix. Alternative
procedures, or modifications, or both, of methods may be used only if they have
been validated by the environmental lead analytical laboratory.
"ELPAT" means the environmental lead
(O) "Encapsulation" means the coating and
sealing of surfaces with durable surface coating specifically formulated to be
elastic, able to withstand sharp and blunt impacts, long-lasting, and
resilient, while also resistant to cracking, peeling, algae, fungus, and
ultraviolet light, so as to prevent any part of lead-containing paint from
becoming part of house dust or otherwise accessible to children.
(P) "Enclosure" means the resurfacing or
covering of surfaces with durable materials such as wallboard or paneling, and
the sealing or caulking of edges and joints to prevent or control chalking,
flaking, peeling, scaling or loose lead-containing substances from becoming
part of house dust or otherwise accessible to children.
(Q) "Engineering controls" are measures,
other than respiratory protection or administrative controls, implemented at
the worksite to contain, control or otherwise reduce exposure to
lead-containment dust and debris.
(R) "Environmental lead analytical
laboratory" means a facility that analyzes air, dust, soil, water, paint, film,
or other substances, other than substances derived from the human body, for the
presence and concentration of lead.
"Environmental samples" means paint-chip,
dust, soil, water or air samples collected for the purpose of analysis.
(T) "Essential maintenance
practices" means preventive treatments performed as prescribed in section
3742.41 of the Revised Code in residential units, child care facilities or
(T) "Exterior living
area" means a room equivalent located on the exterior of a residential unit,
such as a porch, or patio that is used as living space as indicated by the
presence of toys, other children's possessions or play patterns, information
provided by the residents, property owners, or other observations. (U)
sample" means a sample of tap water collected after the water has stood
motionless in the plumbing system for at least six hours collected without
flushing the tap.
"Flushed water sample" means a one-liter sample of tap water collected
after the tap has been allowed to run at its maximum
flow rate for a minimum of one minute before collecting the sample
after flushing the volume of water between the tap and
the service line
"Friction surface" means any interior or exterior surface that is subject to
abrasion or friction, including, but not limited to, certain window, floor, and
assessment" means an evaluation which tests a trainee's ability to perform
specified work practices and procedures in compliance with Chapters 3701-32 and
3701-82 of the Administrative Code.
(Y) "Hands-on training" means direct
practical experience in the operation or functioning of a skill or task and
involves active participation by a student.
(Z) "HEPA" means the designation given to a
product, device, or system that has been equipped with a high-efficiency
particulate air filter that is capable of removing particles of 0.3 microns or
larger from air at 99.97 per cent or greater efficiency.
(AA) "HEPA vacuum" means a vacuum cleaner
that is HEPA rated by the manufacturer and that has been designed with a
high-efficiency particulate air filter as the last filtration stage that is
capable of capturing particles of 0.3 microns with 99.97 per cent or greater
(BB) "HUD " means the
United States department of housing and urban development.
"HUD guidelines" means the 2012 edition
of the "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards
in Housing" issued by the United States department of housing and urban
development pursuant to Section 1017 of the Residential Lead-Based Paint Hazard
Reduction Act of 1992,
. The HUD guidelines may be accessed at
(DD) "Impact surface" means an interior or
exterior surface that is subject to damage by repeated sudden force, such as
certain parts of door frames.
"Interim clearance examination" means a clearance examination performed prior
to all abatement or non-abatement work being complete that may be used to show
that an area of the property has been cleaned and hazards controlled well
enough so that a non-licensed or non-certified person can occupy an
(FF) "Interim controls" means
a set of measures designed to reduce temporarily human exposure or likely human
exposure to lead hazards. Interim controls include specialized cleaning,
repairs, painting, temporary containment, ongoing lead hazard maintenance
activities, and the establishment and operation of management and resident
Means a measure or a set of
measures, designed for the single purpose of permanently eliminating lead
hazards. "Lead abatement" includes all the following:
(a) Removal of lead-based paint and
Permanent enclosure or encapsulation of lead-based paint;
(c) Replacement of surfaces or fixtures
painted with lead-based paint;
Removal or permanent covering of lead-contaminated soil;
(e) Preparation, cleanup, and disposal
activities associated with lead abatement.
"Lead abatement" does not include any of
(a) Preventive treatments
performed pursuant to section
of the Revised Code;
Implementation of interim controls;
Activities performed by a property owner
on a residential unit to which both of the following apply:
(i) It is a freestanding single-family home
used as the property owner's private residence;
(ii) No child under six years of age who has
lead poisoning resides in the unit.
"Lead abatement contractor" means any
individual who engages in or intends to engage in lead abatement
one or more lead abatement workers, including on-site supervision of lead
abatement projects, or prepares specifications, plans, or documents for a lead
abatement project" means one or more lead activities that are conducted by a
lead abatement contractor or lead abatement project designer and are reasonably
related to each other.
abatement project designer" means a person who is responsible for designing
lead abatement projects and preparing a pre-abatement plan for all designed
(KK) "Lead abatement
worker" means an individual responsible in a non-supervisory capacity for the
performance of lead abatement.
Lead activity" means:
(1) Any aspect of a lead inspection, lead
risk assessment, lead hazard screen risk assessment, clearance examination;
(2) In the case of a lead
abatement project, any aspect of lead abatement that is conducted by a lead
abatement contractor, lead abatement project designer, or lead abatement
paint" means any paint or other similar surface-coating substance containing
lead at or in excess of the level that is hazardous to human health as set
forth in rule
of the Administrative Code.
"Lead-based paint sampling" means limited paint-chip sampling or XRF analysis
performed to determine the presence or absence of lead-based paint on
deteriorated paint surfaces or painted surfaces in a residential unit, child
care facility, or school.
"Lead-contaminated dust" means surface dust that contains an area or mass
concentration of lead at or in excess of the level that is hazardous to human
health as set forth in rule
of the Administrative Code.
"Lead-contaminated soil" means soil that contains lead at or in excess of the
level that is hazardous to human health as set forth in rule
of the Administrative Code.
"Lead-contaminated water pipes" means water pipes containing lead materials
causing the water supply to contain lead levels at or in excess of the level
that is hazardous to human health as set forth in rule
of the Administrative Code.
"Lead hazard" means material that is likely to cause lead exposure and endanger
an individual's health as set forth in rule
of the Administrative Code. "Lead hazard" includes lead-based paint,
lead-contaminated dust, lead-contaminated soil, and lead-contaminated water
(SS) "Lead hazard control"
means measures taken to reduce or eliminate a lead hazard, which includes, but
is not limited to, lead abatement, interim controls, or both, as
(TT) "Lead hazard
control order" means an order issued by the director under section
of the Revised Code.
hazard screen risk assessment" means a risk assessment that involves limited
paint and dust sampling and that is conducted in compliance with paragraph (J)
of the Administrative Code.
"Lead inspection" means a surface-by-surface investigation to determine the
presence of lead-based paint. The inspection shall use a sampling or testing
technique set forth in rule
of the Administrative Code. A licensed lead inspector or laboratory approved
pursuant to rule
of the Administrative Code shall certify in writing the precise results of the
(WW) "Lead inspector"
means any individual who conducts a lead inspection, provides professional
advice regarding a lead inspection, or prepares a report explaining the results
of a lead inspection.
risk assessment" means an on-site investigation to determine and report the
existence, nature, severity, and location of lead hazards in a residential
unit, child care facility, or school, including information gathering from the
unit, facility, or school's current owner's knowledge regarding the age and
painting history of the unit, facility, or school and occupancy by children
under six years of age, visual inspection, limited wipe sampling or other
environmental sampling techniques, and any other activity as may be
assessor" means a person who is responsible for developing a written
inspection, risk assessment and analysis plan; conducting inspections for lead
hazards in a residential unit, child care facility, or school; interpreting
results of inspections or risk assessments; identifying hazard control
strategies to reduce or eliminate lead exposures; and completing a risk
(ZZ) "Lead-safe renovation" means
the supervision or performance of services for the general improvement of all
or part of an existing structure, including a residential unit, child care
facility, or school, when the services are supervised or performed by a
(AAA) "Lead-safe renovator" means a
person who has successfully completed a training program in lead-safe
renovation approved pursuant to rule
of the Administrative Code.
(ZZ) "Manager" means
a person, who may be the same person as the owner, responsible for the daily
operation of a residential unit, child care facility, or school.
(AAA) "NLLAP" means the national lead laboratory
lead activity" means activities such as paint stabilization, lead-safe
renovation or essential
practices, and interim controls
and preventive treatments
pursuant to section
of the Revised Code.
interim controls, or lead-safe renovation.
lead project" includes one or more non-abatement lead activities in the scope
of work being conducted on a residential unit, child care facility, or
(DDD) "On-site supervision" means the supervisor is
physically present at the worksite or available for immediate consultation by
phone, pager, or answering service and able to be present at the work site
within two hours.
"OSHA" means the United States occupational
(FFF) "Other lead
assessment activity" means limited evaluation or sampling performed in a
residential unit, child care facility or school by a lead risk assessor to
determine the existence, nature, severity and location of any lead
(GGG) "Owner" means a person, firm, corporation,
guardian, conservator, receiver, trustee, executor, or other judicial officer
who, alone or with others, owns, holds, or controls the freehold or leasehold
title or part of the title to property, with or without actually possessing it.
Owner includes a vendee in possession, but does not include a mortgagee or an
owner of a reversionary interest under a ground rent lease.
(HHH) "Paint" means any substance applied to a surface
as a surface coating, including, but not limited to, household paints,
varnishes and stains.
stabilization" means repairing any physical defect in the substrate of any
painted surface that is causing paint deterioration, removing loose paint and
other material from the surface to be treated, and applying a new protective
coating or paint.
(JJJ) "Permanent" means an expected design life of at
least twenty years.
(KKK) "Play area"
means an area of soil contact by children as indicated by, but not limited to,
the presence of play equipment including, but not limited to sandboxes, swing
sets, and sliding boards, toys, or other children's possessions, observations
of play patterns, or information provided by parents, residents, care givers,
or property owners.
instructor" means the individual who has primary responsibility for organizing
and teaching a particular course.
(MMM) "Proof of
licensure" means the license certificate or the pocket license
(NNN) "Replacement" means an activity that entails
removing components such as windows, doors, and trim that have lead hazards on
their surfaces and installing components free of lead hazards.
(OOO) "Residential unit" means a dwelling or any part
of a building being used as an individual's private residence.
(PPP) "Room equivalent" means a separate part of the
inside of a building, such as a bedroom, living room, dining room, kitchen,
bathroom, laundry room, hallway, or utility room. To be considered a separate
room, the room must be separated from adjoining rooms by built-in walls or
archways that extend at least six inches from an intersecting wall. Half walls
or bookcases count as room separators if built-in. Movable or collapsible
partitions or partitions consisting solely of shelves or cabinets are not
considered built-in walls. A screened in porch that is used as a living area is
(QQQ) "School" means a public or nonpublic school in
which children under six years of age receive education.
(RRR) "Training hour" means at least fifty minutes of
actual learning, including, but not limited to, time devoted to lecture,
learning activities, small group activities, demonstrations, evaluations, or
hands-on experience, or any combination of these processes.
(SSS) "Training manager" means the individual
responsible for administering a training program and monitoring the performance
of the principal instructors, work practice instructors, and guest
(TTT) "USEPA" means the United States environmental
(UUU) "Visual assessment" means the visual examination
of a residential unit, child care facility or school to identify deteriorated
paint, visible dust, paint-chips, debris or residue which may be
(VVV) "Window sill" means the portion of the
horizontal window ledge that protrudes into the interior of the room, adjacent
to the window sash when the window is closed. Window sill is often called the
(WWW) "Window trough" or "window well" means, for the
typical double-hung window, the portion of the exterior window sill between the
interior window sill or stool and the frame of the storm window. If there is no
storm window, the window trough is the area that receives the upper and lower
window sashes when both sashes are lowered.
(XXX) "Work practice
instructor" means the individual who is responsible for teaching particular
skills in a specific course.
technology" means the science of the use of portable x-ray fluorescence lead in
paint analyzers to determine lead concentration in paint.