Ohio Admin. Code 3701-32-03 - General provisions and prohibitions
(A) No person shall do any of the following
when a residential unit, child care facility, or school is involved:
(12)
(11) Have
lead-safe
any
renovation performed in lieu of having lead abatement performed on a property
at which a lead-poisoned child under six years of age has been
identified;
(13)
(12) Perform lead hazard control on a property at
which a lead-poisoned child has been identified, without holding a valid lead
abatement contractor license, valid lead abatement project designer license, or
valid lead abatement worker license,
;
(14)
(13) Employ or
authorize any person to perform lead hazard control on a property where a lead
hazard control order has been issued pursuant to rule
3701-30-09
of the Administrative Code, unless that person holds a valid lead abatement
contractor license, valid lead abatement project designer license, or valid
lead abatement worker license, until the lead hazard control order has been
lifted;
(15)
(14) Perform a clearance examination on 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 without a valid lead risk assessor or valid lead
inspector license, until the lead hazard control order has been
lifted;
(16)
(15) Interfere with an investigation conducted by the
director or a board of health in accordance with section
3742.35 of the
Revised Code;
(18)
(17)
Use an encapsulation product for the purposes of lead abatement that has not
been approved by the director pursuant to division (H) of section
3742.03 of the
Revised Code and rule
3701-32-13
of the Administrative Code;
(19)
(18) Use the services
of an environmental lead analytical laboratory that has not been approved by
the director pursuant to section
3742.09
of the Revised Code and rule
3701-82-02
of the Administrative Code;
(20)
(19) Collect or
analyze composite dust wipe samples;
(21)
(20) Provide or offer
to provide analysis of lead content in air, dust, soil, water, paint film or other substances, for the purposes
of meeting the requirements of Chapter 3742. of the Revised Code and Chapter
3701-32 of the Administrative Code unless that person is approved by the
director as an environmental lead analytical laboratory or employed by an
environmental lead analytical laboratory approved by the director;
(22)
(21)
Provide or offer to provide analysis of lead content in blood, for the purpose
of meeting the requirements of Chapter 3742. of the Revised Code and Chapters
3701-30 and 3701-32 of the Administrative Code unless that person is approved
by the director as a clinical laboratory or employed by a clinical laboratory
approved by the director;
(23)
(22) Perform lead
training for licensing purposes without a valid approval from the director;
or
(24)
(23) Use a chemical test kit for sampling when
conducting lead inspections or lead risk assessments.
(1) Perform a lead inspection without a valid
lead inspector license or valid lead risk assessor license;
(2) Perform a lead risk assessment, lead
hazard screen risk assessment, or lead risk assessment activity without a valid
lead risk assessor license;
(3)
Perform a clearance examination following lead abatement without a valid lead
inspector license, or valid lead risk assessor license;
(4) Perform a clearance examination following
non-abatement lead activities without a valid clearance technician license,
unless that person holds a valid lead inspector license or valid lead risk
assessor license;
(5) Supervise a
lead abatement project without a valid lead abatement contractor license, or
valid lead abatement project designer license;
(6) Provide professional advice regarding
lead abatement without a valid lead abatement contractor license, or valid lead
abatement project designer license;
(7) Perform lead abatement without a valid
lead abatement worker license, valid lead abatement contractor license, or
valid lead abatement project designer license;
(8) Perform lead abatement without the
on-site supervision of a lead abatement contractor or lead abatement project
designer;
(9) Act as a lead
abatement project designer without a valid lead abatement project designer
license;
(10) Knowingly authorize
or employ an individual to perform lead abatement, unless the individual who
will perform the lead abatement holds a valid lead abatement contractor
license, valid lead abatement project designer license, or valid lead abatement
worker license;
(11) Perform lead-safe renovation
without the appropriate training as set forth in rule
3701-32-16
of the Administrative Code;
(B) When the requirements of Chapters 3701-32
and 3701-82 of the Administrative Code conflict with the HUD guidelines,
individuals who engage in lead activities or nonabatement lead activities shall
comply with the requirements of Chapters 3701-32 and 3701-82 of the
Administrative Code.
(C) The
director may issue an immediate cease work order to a person licensed pursuant
to this chapter if the director determines that the license holder is violating
the terms or conditions of the license in a manner that endangers or materially
impairs the health or well-being of an occupant of a residential unit, child
care facility, or school or a person employed to perform lead
activities.
(D) If applicable,
anyone engaging in lead abatement or non-abatement shall comply with Chapter
3714. of the Revised Code and rules in Chapter 3745-400 of the Administrative
Code for construction and demolition debris; and
Chapter 3734. of the Revised Code and the rules adopted thereunder, including Chapters 3745-40 to 3745-62, 3745-65 to 3745-69,
3745-218, 3745-248 and 3745-270 of the Administrative Code for
hazardous waste,
;
Chapter 3745-27 of the Administrative Code for solid waste,
; and
Chapter 3745-29 of the Administrative Code
for industrial solid waste landfills.
(E) No person shall violate any provision of
Chapter 3742. of the Revised Code or this chapter of the Administrative
Code.
(F)
The director shall monitor and audit lead abatement projects
through unannounced inspections. A lead abatement contractor, lead abatement
project designer and lead abatement workers associated with the lead abatement
project shall cooperate and assure access to the director or his designee
conducting the inspection.
Notes
Promulgated Under: 119.03
Statutory Authority: 3742.02, 3742.03
Rule Amplifies: 3742.04, 3742.05, 3742.06, 3742.07, 3742.071, 3742.08, 3742.09, 3742.10, 3742.14, 3742.15, 3742.16, 3742.35, 3742.36, 3742.37, 3742.38, 3742.39, 3742.40, 3742.41, 3742.42, 3742.43, 3742.44, 3742.45, 3742.46
Prior Effective Dates: 04/01/2004, 07/05/2009, 08/04/2014
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