Ohio Admin. Code 3701-32-15 - Record keeping and reporting requirements for clearance technicians, lead inspectors, lead risk assessors, lead abatement contractors and lead abatement project designers

(A) Each clearance technician, lead inspector, or lead risk assessor shall issue a report for each lead activity performed to the owner or manager of the residential unit, child care facility, or school that was the subject of the lead activity. The report shall also be issued to the individual who requested the lead activity.

(B) Each lead abatement contractor or lead abatement project designer shall issue a report for each lead abatement project performed. The report shall be issued to the owner or manager of the residential unit, child care facility, or school that was the subject of the lead abatement. The report shall also be issued to the individual who requested the lead abatement.

(C) Each clearance technician, lead inspector, lead risk assessor, lead abatement contractor, or lead abatement project designer shall maintain a copy of each report issued for a lead activity for a period of at least three years and make such documents available to the director upon request.

(D) The lead risk assessor, lead inspector or clearance technician shall prepare and submit to the director a monthly summary of each residential unit, child care facility, or school, including all addresses, where lead inspections, lead-based paint sampling, lead risk assessments, lead hazard screen risk assessments, other lead assessment activities and clearance examinations were performed. Monthly reports shall be submitted in an electronic on a form format prescribed by the director, by the fifteenth of the following month.

(E) The following statement shall be displayed at the top of any clearance examination, lead inspection, lead-based paint sampling, lead risk assessment, lead hazard screen risk assessment, other lead assessment activity, or lead abatement project report prepared for a residential unit 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 C.F.R. part 35 and 40 C.F.R. 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 leases or sales contracts to ensure that parents have the information they need to protect children from leadbased paint hazards.

Notes

Ohio Admin. Code 3701-32-15

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: 3742.03
Prior Effective Dates: 12/30/1994 (Emer.), 04/09/1995, 03/21/1998, 06/19/2003, 04/01/2004, 07/05/2009