Ohio Admin. Code 3701-32-06 - Lead inspector scope of practice and standards of conduct

Current through all regulations passed and filed through March 11, 2022

(A) A lead inspector is licensed to perform:

(1) Lead inspections;

(2) Lead-based paint sampling; and

(3) Clearance examinations.

(B) A lead inspector shall not:

(1) Perform lead risk assessments, lead hazard screen risk assessments, or other lead assessment activities;

(2) Design lead abatement projects;

(3) Prepare pre-abatement plans; or

(4) Perform lead abatement, lead-safe renovations, or essential maintenance practices.

(C) To apply for a license as a lead inspector, an individual shall comply with the applicable provisions of rule 3701-32-04 of the Administrative Code.

(D) A lead inspector shall perform a lead inspection according to the procedures in Chapter 7 of the HUD guidelines. In addition, the lead inspector shall:

(1) Submit any paint-chip samples collected to an environmental lead analytical laboratory approved pursuant to rule 3701-82-02 of the Administrative Code for lead concentration analysis; and

(2) Prepare a lead inspection report for every lead inspection performed. Each report shall be written in a format prescribed by the director and shall comply with the requirements in rule 3701-32-15 of the Administrative Code. The report shall contain the following:

(a) Date of the lead activity;

(b) Address, unit number, and date of construction of the residential unit, child care facility or school;

(c) Name, address, and telephone number of the owner or manager of the residential unit, child care facility or school;

(d) Name, license number, and signature of the lead inspector conducting the testing and the name, address, and telephone number of the firm employing each lead inspector;

(e) Name, address, telephone number, and approval number of each environmental lead analytical laboratory used to perform the analysis of any collected samples;

(f) All data collected from on-site testing, including quality control data, and, if an XRF is used, its serial number;

(g) Specific locations of all surfaces or components tested or sampled;

(h) A copy of the laboratory report with the results of the environmental samples expressed in terms appropriate to the sampling method used;

(i) The statement specified in paragraph (E) of rule 3701-32-15 of the Administrative Code displayed at the top of the report in bold letters; and

(j) When no lead-based paint is identified in a residential unit, the following statement in bold letters, "The results of this lead inspection indicate no lead in amounts greater than or equal to 1.0 mg/cm², 0.5 per cent by weight, or 5,000 parts per million by weight, in paint was found on any building components of the residential unit using the lead inspection protocol in Chapter 7 of the HUD guidelines. Therefore, this residential unit qualifies for the exemption in 2 C.F.R. part 35 and 40 C.F.R. part 745 for target housing being leased is free of lead-based paint as defined in rule 3701-32-01 of the Administrative Code. However, some painted surfaces may contain levels of lead below 1.0 mg/cm², 0.5 per cent by weight, or 5,000 parts per million by weight which could create lead dust or lead-contaminated soil hazards if the paint is turned into dust by abrasion, scraping, or sanding. This report should be kept by the lead inspector and should also be kept by the owner and all future owners for the life of the structure or dwelling."

(E) A lead inspector shall comply with the requirements stated in rule 3701-32-12 of the Administrative Code when performing a clearance examination and preparing a clearance examination report.

Notes

Ohio Admin. Code 3701-32-06

Effective: 12/1/2021
Five Year Review (FYR) Dates: 3/26/2021 and 06/02/2026
Promulgated Under: 119.03
Statutory Authority: 3742.03
Rule Amplifies: 3742.02, 3742.04, 3742.05, 3742.08, 3742.10, 3742.15, 3742.16, 3742.17, 3742.39
Prior Effective Dates: 04/01/2004, 07/05/2009