OHIO DEPARTMENT OF HEALTH

2246 North High Street 614/466-3543
Columbus, Ohio 43215 

 

John R. Kasich/Govemor Richard Hzodgestirector of Health

 

Mayll,2015

Joseph Aude

Cleveland Department of Public Health
75 Erieview Plaza, 3rd Floor

Cleveland, OH 44114

RE: Notice of Warning
Dear Mr. Aude:

Ohio Administrative Code (O.A.C.) rule reqoires a lead risk assessor perform a lead risk assessment in
accordance with chapter five of the United States Department of Housing and Urban Development Guidelines for the
Evaluation and Control of Lead?Based Paint Hazards in Housing (HUD Gaidelines) and. collect environmental
samples and prepare a written lead risk assessment report for each lead risk assessment performed. It also sets forth
the detailed information that shall be contained within the report. O.A.C rule 370132-0303) states the ?no person
shall violate any provision of Chapter 3742. of the Revised Code or this chapter of the Administrative Code.? In
addition, acting in your capacity as a public health lead investigator and an employee of an Ohio Department of
Health (ODH) delegated authority, you are expected to conduct public health lead investigations in accordance with
the ODH Public Health Lead Investigation (PHLI) Manual.

ODH has received lead risk assessment reports for the following seven residential units where lead risk assessments
and environmental sampling where performed as a result of an elevated blood lead level investigation:

?Cleveland, OH 44102
Cleveland OH 44109
?Cleveland OH 44105

Cleveland OH 44102
Cleveland OH 44109

Program staff have reviewed the reports and found them to be missing required information and the risk assessments
not performed in accordance with O.A.C. HUD Guidelines, and the ODH PHLI Manual.

9 The cover page of the risk assessments does not contain the correct Lead Risk Assessor license number and in
one case included a copy of an expired license.

I The visual assessments for the properties are repeatedly incomplete. Sections of the visual assessment forms
required by O.A.C. are missing. The visual assessments for the properties do not provide suf?cient
information to determine the condition of the painted surfaces, including friction and impact surfaces,
throughout the house. A thorough visual assessment of the property and a record of the findings are
necessary to determine the presence of lead hazards. These are all violations of O.A.C. rule 
HUD Guidelines and the PHLI manual.

0 The XRF data does not include the numeric result only a positive or negative designation. This is a violation
of 0.A.C. rule 

The risk assessment report for _was issued before the dust sample results were reported. This
is a violation of O.A.C. rule 

HEA SIMS (Rev. S/Iti) An Equal Opportunity Employer/Provider

 

 

 

 

Joseph Aude
Notice of Warning
Page 2 of 2

The Director may initiate civil or criminal action pursuant to Ohio Revised Code sections 3742.18 and 3742.99
against persons violating the lead abatement and testing law or rnles. Civil penalties of up to $1,000 may be
imposed for each day a violation continues. The criminal penalties include a ?ne of not more than $1,000 or
imprisonment for not more than six months or both for a first offense. Each day of violation is a separate offense.

Be advised that all future lead risk assessment reports and environmental sampling must be in accordance with the
requirements found in O.A.C. rule 3701-32-07 (copy enclosed). if you believe the violations identified above where
the result of ODH not having the complete building inspection report, please submit a copy of the complete report so
that ODH may review it and issue you a written response.

Please call Matt Young or Chris Mizek at (614) 466-1450 if you have any questions about this warning.

Sincerely,

ii?lw?jf/ wad/a;?

Mark Needharn, Supervisor

Lead Licensing Program

Bureau of Environmental Health and Radiation Protection
Of?ce of Health Assurance and Licensing

Certi?ed Mail No. 7013 2630 0002 0873 1111

HEA 6413 (Rev. 8/14) An Equal Opportunity Employer/Provider