Ohio Admin. Code 3701-32-19 - Levels of lead hazardous to human health and clearance examination standards

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

(A) Lead-based paint is present:

(1) When a paint or other surface coating contains a lead concentration equal to or exceeding 1.0 mg/cm² (milligram per square centimeter), 0.5 percent by weight, or five thousand parts per million (ppm) by weight; and

(2) On any surface like a surface tested in the same room that has a lead concentration equal to or exceeding the level set forth in paragraph (A)(1) of this rule.

(B) Lead-based paint is hazardous to human health when present:

(1) On any friction surface where the dust levels on the nearest horizontal surface, including, but not limited to, window sills or floors, underneath the friction surface are equal to or exceed:

(a) Forty ten micrograms per square foot or more of lead, if the horizontal surface is an interior floor or exterior living area floor;

(b) Two hundred fifty One hundred micrograms per square foot or more of lead, if the horizontal surface is an interior window sill or an exterior living area window sill; and

(c) Forty ten micrograms per square foot or more of lead, if the horizontal surface is not a window trough, or an interior window sill; and

(d) Forty micrograms per quare foot or more for an exterior living area.

(2) On any chewable lead-based painted surface that has evidence of teeth marks;

(3) Where there is any damaged or otherwise deteriorated lead-based paint on an impact surface; or

(4) Where there is deteriorated lead-based paint in a residential unit, child care facility, or school or on the exterior of any residential unit, child care facility, or school.

(C) Lead-contaminated dust is hazardous to human health when present:

(1) On interior floors, or exterior living area floors containing a lead loading of ten Forty micrograms per square foot or more;

(2) On interior window sills or exterior living area window sills containing a lead loading of two one hundred fifty micrograms per square foot or more;

(3) On window troughs containing a lead loading of four one hundred micrograms per square foot or more lead;

(4) On any horizontal surface if that surface is not an interior window sill, exterior living area window sill or window trough containing a lead loading of Forty ten micrograms per square foot or more; or

(5) On exterior living area floors containing a lead loading of forty micrograms per square foot or more; or

(5) (6) On floors or interior window sills in an unsampled residential unit or common area in a multi-family dwelling if a dust lead hazard is present on floors or interior window sills when random sampling was performed and when the minimum number of residential units, common areas, or exterior areas, or both, as determined in appendix C to rule 3701-32-12 of the Administrative Code were sampled. In addition, all the randomly sampled residential units meet the standards set forth in paragraph (C) of this rule thereby establishing a ninety-five per cent level of confidence that no more than five percent or fifty of the residential units, whichever is smaller, have components that may equal or exceed the hazard standards;

(D) Lead-contaminated soil is hazardous to human health when present:

(1) In non-play areas when the lead concentration from a composite sample, or arithmetic mean of composite samples, is equal to or exceeds one thousand two hundred micrograms per gram;

(2) In play areas when the lead concentration from a composite sample is equal to or exceeds four hundred micrograms per gram;

(E) Lead-contaminated water pipes that leach a lead concentration equal to or exceeding: fifteen micrograms per liter parts per billion into a flushed water sample collected in accordance with the procedure specified in 40 C.F.R. 141.86 (2007) paragraph (B) of rule 3745-81-86 of the Administrative Code are considered hazardous to human health.

(F) In order to pass a clearance examination a residential unit, child care facility or school shall:

(1) For single-surface wipes, have a lead loading less than:

(a) Forty ten micrograms per square foot on interior floors, or exterior living area floors;

(b) two one hundred fifty micrograms per square foot on interior window sills, exterior living area window sills, or on any other interior chewable surface; and

(c) four one hundred micrograms per square foot on window troughs. ; and

(d) Forty micrograms per square foot on exterior living area floors.

(2) All horizontal surfaces in the exterior living area closest to the surface abated or receiving non-abatement treatments shall be found to be free of all visible dust and debris.

Notes

Ohio Admin. Code 3701-32-19

Effective: 12/1/2021
Five Year Review (FYR) Dates: 3/26/2021 and 06/02/2026
Promulgated Under: 119.03
Statutory Authority: 3742.45
Rule Amplifies: 3742.02, 3742.03, 3742.04, 3742.071, 3742.39, 3742.44
Prior Effective Dates: 12/30/1994 (Emer.), 04/09/1995, 03/21/1998, 06/19/2003, 04/01/2004, 07/05/2009, 08/04/2014