Sub. H. B. No. 49 LSC 132 0001-3 Page 1752 treasury to the credit of the business assistance tax incentives 54384 operating fund created in section 122.174 of the Revised Code. 54385 Sec. 3737.21. (A) The director of the department of commerce 54386 shall appoint, from names submitted to the director by the state 54387 fire council, a state fire marshal, who shall serve at the 54388 pleasure of the director and shall possess the following 54389 qualifications: 54390 (1) A degree from an accredited college or university with 54391 specialized study in either the field of fire protection or fire 54392 protection engineering, or the equivalent qualifications 54393 determined from training, experience, and duties in a fire 54394 service; 54395 (2) Five years of recent, progressively more responsible 54396 experience in fire inspection, fire code enforcement, fire 54397 investigation, fire protection engineering, teaching of fire 54398 safety engineering, or fire fighting. 54399 (B) When a vacancy occurs in the position of state fire 54400 marshal, the director shall notify the state fire council. The 54401 council shall communicate the fact of the vacancy by regular mail 54402 to all fire chiefs and fire protection engineers known to the 54403 council, or whose identity may be ascertained by the council by 54404 the exercise of due diligence. The council, no earlier than thirty 54405 days after mailing the notification, shall compile a list of all 54406 applicants for the position of fire marshal who are qualified 54407 under this section. The council shall submit the names of at least 54408 three persons on the list for the position of state fire marshal 54409 who are qualified under this section to the director. The director 54410 shall appoint the state fire marshal from the list of at least 54411 three names or may request the council to submit additional names. 54412 Sec. 3742.01. As used in this chapter: 54413 Sub. H. B. No. 49 LSC 132 0001-3 (A) "Board of health" means the board of health of a city or Page 1753 54414 general health district or the authority having the duties of a 54415 board of health under section 3709.05 of the Revised Code. 54416 (B) "Child care facility" means each area of any of the 54417 following in which child care, as defined in section 5104.01 of 54418 the Revised Code, is provided to children under six years of age: 54419 (1) A child day-care center, type A family day-care home, or 54420 type B family day-care home as defined in section 5104.01 of the 54421 Revised Code; 54422 (2) A preschool program or school child program as defined in section 3301.52 of the Revised Code. (C) "Clearance examination" means an examination to determine 54423 54424 54425 whether the lead hazards in a residential unit, child care 54426 facility, or school have been sufficiently controlled. A clearance 54427 examination includes a visual assessment, collection, and analysis 54428 of environmental samples. 54429 (D) "Clearance technician" means a person, other than a 54430 licensed lead inspector or licensed lead risk assessor, who 54431 performs a clearance examination. 54432 (E) "Clinical laboratory" means a facility for the 54433 biological, microbiological, serological, chemical, 54434 immunohematological, hematological, biophysical, cytological, 54435 pathological, or other examination of substances derived from the 54436 human body for the purpose of providing information for the 54437 diagnosis, prevention, or treatment of any disease, or in the 54438 assessment or impairment of the health of human beings. "Clinical 54439 laboratory" does not include a facility that only collects or 54440 prepares specimens, or serves as a mailing service, and does not 54441 perform testing. 54442 (F) "Encapsulation" means the coating and sealing of surfaces with durable surface coating specifically formulated to be 54443 54444 Sub. H. B. No. 49 LSC 132 0001-3 Page 1754 elastic, able to withstand sharp and blunt impacts, long-lasting, 54445 and resilient, while also resistant to cracking, peeling, algae, 54446 fungus, and ultraviolet light, so as to prevent any part of 54447 lead-containing paint from becoming part of house dust or 54448 otherwise accessible to children. 54449 (G) "Enclosure" means the resurfacing or covering of surfaces 54450 with durable materials such as wallboard or paneling, and the 54451 sealing or caulking of edges and joints, so as to prevent or 54452 control chalking, flaking, peeling, scaling, or loose 54453 lead-containing substances from becoming part of house dust or 54454 otherwise accessible to children. 54455 (H) "Environmental lead analytical laboratory" means a 54456 facility that analyzes air, dust, soil, water, paint, film, or 54457 other substances, other than substances derived from the human 54458 body, for the presence and concentration of lead. 54459 (I) "HEPA" means the designation given to a product, device, 54460 or system that has been equipped with a high-efficiency 54461 particulate air filter, which is a filter capable of removing 54462 particles of 0.3 microns or larger from air at 99.97 per cent or 54463 greater efficiency. 54464 (J) "Interim controls" means a set of measures designed to 54465 reduce temporarily human exposure or likely human exposure to lead 54466 hazards. Interim controls include specialized cleaning, repairs, 54467 painting, temporary containment, ongoing lead hazard maintenance 54468 activities, and the establishment and operation of management and 54469 resident education programs. 54470 (K)(1) "Lead abatement" means a measure or set of measures 54471 designed for the single purpose of permanently eliminating lead 54472 hazards. "Lead abatement" includes all of the following: 54473 (a) Removal of lead-based paint and lead-contaminated dust; 54474 (b) Permanent enclosure or encapsulation of lead-based paint; 54475 Sub. H. B. No. 49 LSC 132 0001-3 (c) Replacement of surfaces or fixtures painted with lead-based paint; Page 1755 54476 54477 (d) Removal or permanent covering of lead-contaminated soil; 54478 (e) Preparation, cleanup, and disposal activities associated 54479 with lead abatement. 54480 (2) "Lead abatement" does not include any of the following: 54481 (a) Preventive treatments Residential rental unit lead-safe 54482 maintenance practices performed pursuant to section sections 54483 3742.41 and 3742.42 of the Revised Code; 54484 (b) Implementation of interim controls; 54485 (c) Activities performed by a property owner on a residential 54486 unit to which both of the following apply: (i) It is a freestanding single-family home used as the property owner's private residence. (ii) No child under six years of age who has lead poisoning resides in the unit. (L) "Lead abatement contractor" means any individual who 54487 54488 54489 54490 54491 54492 engages in or intends to engage in lead abatement and employs or 54493 supervises one or more lead abatement workers, including on-site 54494 supervision of lead abatement projects, or prepares 54495 specifications, plans, or documents for a lead abatement project. 54496 (M) "Lead abatement project" means one or more lead abatement 54497 activities that are conducted by a lead abatement contractor and 54498 are reasonably related to each other. 54499 (N) "Lead abatement project designer" means a person who is 54500 responsible for designing lead abatement projects and preparing a 54501 pre-abatement plan for all designed projects. 54502 (O) "Lead abatement worker" means an individual who is 54503 responsible in a nonsupervisory capacity for the performance of 54504 Sub. H. B. No. 49 LSC 132 0001-3 lead abatement. Page 1756 54505 (P) "Lead-based paint" means any paint or other similar 54506 surface-coating substance containing lead at or in excess of the 54507 level that is hazardous to human health, as that level is 54508 established in rules adopted under section 3742.50 3742.45 of the 54509 Revised Code. 54510 (Q) "Lead-contaminated dust" means dust that contains an area 54511 or mass concentration of lead at or in excess of the level that is 54512 hazardous to human health, as that level is established in rules 54513 adopted under section 3742.50 3742.45 of the Revised Code. 54514 (R) "Lead-contaminated soil" means soil that contains lead at 54515 or in excess of the level that is hazardous to human health, as 54516 that level is established in rules adopted under section 3742.50 54517 3742.45 of the Revised Code. 54518 (S) "Lead hazard free" means no lead-based paint is present 54519 in any area referenced in division (B) of section 3742.42 of the 54520 Revised Code. 54521 (T) "Lead hazard" means material that is likely to cause lead 54522 exposure and endanger an individual's health as determined by the 54523 director of health in rules adopted under section 3742.50 3742.45 54524 of the Revised Code. "Lead hazard" includes lead-based paint, 54525 lead-contaminated dust, lead-contaminated soil, and 54526 lead-contaminated water pipes. 54527 (T)(U) "Lead inspection" means a surface-by-surface 54528 investigation to determine the presence of lead-based paint. The 54529 inspection shall use a sampling or testing technique approved by 54530 the director in rules adopted under section 3742.03 of the Revised 54531 Code. A licensed lead inspector or laboratory approved under 54532 section 3742.09 of the Revised Code shall certify in writing the 54533 precise results of the inspection. 54534 (U)(V) "Lead inspector" means any individual who conducts a 54535 Sub. H. B. No. 49 LSC 132 0001-3 Page 1757 lead inspection, provides professional advice regarding a lead 54536 inspection, or prepares a report explaining the results of a lead 54537 inspection. 54538 (V)(W) "Lead poisoning" means the level of lead in human 54539 blood that is hazardous to human health, as specified in rules 54540 adopted under section 3742.50 3742.45 of the Revised Code. 54541 (W)(X) "Lead risk assessment" means an on-site investigation 54542 to determine and report the existence, nature, severity, and 54543 location of lead hazards in a residential unit, child care 54544 facility, or school, including information gathering from the 54545 unit, facility, or school's current owner's knowledge regarding 54546 the age and painting history of the unit, facility, or school and 54547 occupancy by children under six years of age, visual inspection, 54548 limited wipe sampling or other environmental sampling techniques, 54549 and any other activity as may be appropriate. 54550 (X)(Y) "Lead risk assessor" means a person who is responsible 54551 for developing a written inspection, risk assessment, and analysis 54552 plan; conducting inspections for lead hazards in a residential 54553 unit, child care facility, or school; interpreting results of 54554 inspections and risk assessments; identifying hazard control 54555 strategies to reduce or eliminate lead exposures; and completing a 54556 risk assessment report. 54557 (Y) "Lead-safe renovation" means the supervision or 54558 performance of services for the general improvement of all or part 54559 of an existing structure, including a residential unit, child care 54560 facility, or school, when the services are supervised or performed 54561 by a lead-safe renovator. 54562 (Z) "Lead-safe renovator" means a person who has successfully 54563 completed a training program in lead-safe renovation approved 54564 under section 3742.47 of the Revised Code. "Lead-safe residential 54565 rental unit" means a residential rental unit that has undergone 54566 Sub. H. B. No. 49 LSC 132 0001-3 Page 1758 the residential rental unit lead-safe maintenance practices 54567 described in section 3742.42 of the Revised Code, including 54568 post-maintenance dust sampling or are registered pursuant to 54569 division (D) of section 3742.41 of the Revised Code. 54570 (AA) "Manager" means a person, who may be the same person as 54571 the owner, responsible for the daily operation of a residential 54572 unit, child care facility, or school. 54573 (BB) "Permanent" means an expected design life of at least twenty years. (CC) "Replacement" means an activity that entails removing 54574 54575 54576 components such as windows, doors, and trim that have lead hazards 54577 on their surfaces and installing components free of lead hazards. 54578 (DD) "Residential unit" means a dwelling or any part of a 54579 building being used as an individual's private residence. 54580 "Residential unit" includes a residential rental unit. 54581 (EE) "School" "Residential rental unit" means a rental 54582 property containing a dwelling or any part of a building being 54583 used as an individual's private residence. 54584 (FF) "School" means a public or nonpublic school in which children under six years of age receive education. 54585 54586 Sec. 3742.02. (A) No person shall do any of the following: 54587 (1) Violate any provision of this chapter or the rules 54588 adopted pursuant to it; (2) Apply or cause to be applied any lead-based paint on or 54589 54590 inside a residential unit, child care facility, or school, unless 54591 the director of health has determined by rule under section 54592 3742.50 3742.45 of the Revised Code that no suitable substitute 54593 exists; 54594 (3) Interfere with an investigation conducted by the director 54595 Sub. H. B. No. 49 LSC 132 0001-3 Page 1759 of health or a board of health in accordance with section 3742.35 54596 of the Revised Code. 54597 (B) No person shall knowingly authorize or employ an 54598 individual to perform lead abatement on a residential unit, child 54599 care facility, or school unless the individual who will perform 54600 the lead abatement holds a valid license issued under section 54601 3742.05 of the Revised Code. 54602 (C) No person shall do any of the following when a residential unit, child care facility, or school is involved: (1) Perform a lead inspection without a valid lead inspector license issued under section 3742.05 of the Revised Code; (2) Perform a lead risk assessment or provide professional 54603 54604 54605 54606 54607 advice regarding lead abatement without a valid lead risk assessor 54608 license issued under section 3742.05 of the Revised Code; 54609 (3) Act as a lead abatement contractor without a valid lead 54610 abatement contractor's license issued under section 3742.05 of the 54611 Revised Code; 54612 (4) Act as a lead abatement project designer without a valid 54613 lead abatement project designer license issued under section 54614 3742.05 of the Revised Code; 54615 (5) Perform lead abatement without a valid lead abatement worker license issued under section 3742.05 of the Revised Code; (6) Effective one year after April 7, 2003, perform a 54616 54617 54618 clearance examination without a valid clearance technician license 54619 issued under section 3742.05 of the Revised Code, unless the 54620 person holds a valid lead inspector license or valid lead risk 54621 assessor license issued under that section; 54622 (7) Perform lead training for the licensing purposes of this 54623 chapter without a valid approval from the director of health under 54624 section 3742.08 of the Revised Code; 54625 Sub. H. B. No. 49 LSC 132 0001-3 (8) Perform interim controls without complying with 24 C.F.R. Part 35. Sec. 3742.04. (A) The director of health shall do all of the following: Page 1760 54626 54627 54628 54629 (1) Administer and enforce the requirements of sections 54630 3742.01 to 3742.19 and 3742.99 of the Revised Code and the rules 54631 adopted pursuant to those sections; 54632 (2) Examine records and reports submitted by lead inspectors, 54633 lead abatement contractors, lead risk assessors, lead abatement 54634 project designers, lead abatement workers, and clearance 54635 technicians in accordance with section 3742.05 of the Revised Code 54636 to determine whether the requirements of this chapter are being 54637 met; 54638 (3) Examine records and reports submitted by physicians, 54639 clinical laboratories, and environmental lead analytical 54640 laboratories under section 3701.25 or 3742.09 of the Revised Code; 54641 (4) Issue approval to manufacturers of encapsulants that have 54642 done all of the following: (a) Submitted an application for approval to the director on a form prescribed by the director; 54643 54644 54645 (b) Paid the application fee established by the director; 54646 (c) Submitted results from an independent laboratory 54647 indicating that the manufacturer's encapsulants satisfy the 54648 requirements established in rules adopted under division (H) of 54649 section 3742.03 of the Revised Code; 54650 (d) Complied with rules adopted by the director regarding durability and safety to workers and residents. (5) Establish liaisons and cooperate with the directors or agencies in states having lead abatement, licensing, 54651 54652 54653 54654 Sub. H. B. No. 49 LSC 132 0001-3 Page 1761 accreditation, certification, and approval programs to promote 54655 consistency between the requirements of this chapter and those of 54656 other states in order to facilitate reciprocity of the programs 54657 among states; 54658 (6) Establish a program to monitor and audit the quality of 54659 work of lead inspectors, lead risk assessors, lead abatement 54660 project designers, lead abatement contractors, lead abatement 54661 workers, and clearance technicians. The director may refer 54662 improper work discovered through the program to the attorney 54663 general for appropriate action. 54664 (B) In addition to any other authority granted by this chapter, the director of health may do any of the following: (1) Employ persons who have received training from a program 54665 54666 54667 the director has determined provides the necessary background. The 54668 appropriate training may be obtained in a state that has an 54669 ongoing lead abatement program under which it conducts educational 54670 programs. 54671 (2) Cooperate with the United States environmental protection 54672 agency in any joint oversight procedures the agency may propose 54673 for laboratories that offer lead analysis services and are 54674 accredited under the agency's laboratory accreditation program; 54675 (3) Advise, consult, cooperate with, or enter into contracts 54676 or cooperative agreements with any person, government entity, 54677 interstate agency, or the federal government as the director 54678 considers necessary to fulfill the requirements of this chapter 54679 and the rules adopted under it. 54680 (C) In accordance with Section 34 of Article II of the Ohio 54681 Constitution, the purpose of this chapter and rules adopted under 54682 it is to protect the comfort, safety, and general welfare of 54683 employees and others who may encounter lead and lead-based paint. 54684 Therefore, it is the intent of the general assembly that the 54685 Sub. H. B. No. 49 LSC 132 0001-3 Page 1762 Revised Code and rules adopted under it be the sole and exclusive 54686 means by which lead abatement activities may be compelled, 54687 prohibited, licensed, or regulated. Any law or rule governing the 54688 abatement of lead, lead-based paint, or the employment or 54689 licensing of lead abatement professionals who abate lead and 54690 lead-based paint enacted or adopted by a political subdivision 54691 before or after the effective date of this section is void. 54692 (1) The department of health has the sole and exclusive 54693 authority to compel, prohibit, license, or regulate lead abatement 54694 activities within the state, including the licensing of lead 54695 abatement professionals, and excepting only those activities for 54696 which oversight has been delegated by the Revised Code to boards 54697 of health. The regulation of lead abatement activities is a matter 54698 of general statewide interest that requires uniform statewide 54699 regulation, and this chapter and rules adopted under it constitute 54700 a comprehensive plan with respect to all aspects of lead abatement 54701 within this state. In order to assist the department in the 54702 furtherance of its sole and exclusive authority as established in 54703 this section, the director may enter into cooperative agreements 54704 with other state agencies for advice and consultation. Such 54705 cooperative agreements do not confer on other state agencies any 54706 authority to administer or enforce this chapter and rules adopted 54707 under it. In addition, such cooperative agreements shall not be 54708 construed to dilute or diminish the department's sole and 54709 exclusive authority as established in this section. 54710 (2) The director of health has the sole and exclusive 54711 authority to adopt rules pertaining to lead and lead abatement, 54712 the purposes of which are, in part, to protect the health, safety, 54713 and welfare of persons owning or living in homes containing lead 54714 and persons working to abate lead. Any such rules shall be adopted 54715 in accordance with Chapter 119. of the Revised Code and shall 54716 include procedures and requirements governing all of the 54717 Sub. H. B. No. 49 LSC 132 0001-3 following: (a) The dissemination of information for purposes of Page 1763 54718 54719 educating persons who own, dwell, or work in homes containing lead 54720 or lead-based paint through affirmations, warnings, and 54721 guidelines; 54722 (b) The dissemination of information for purposes of the 54723 training of lead abatement employees in order to address the 54724 hazardous duties and inherent risks associated with lead abatement 54725 and testing; 54726 (c) The gathering of data for purposes of improving the implementation of this chapter. (D) Nothing in this section shall be construed to eliminate 54727 54728 54729 any authority statutorily granted to the department of health 54730 prior to the effective date of this section. 54731 Sec. 3742.31. (A) The director of health shall establish, 54732 promote, and maintain a child lead poisoning prevention program. 54733 The program shall provide statewide coordination of screening, 54734 diagnosis, and treatment services for children under age six, 54735 including both of the following: 54736 (1) Collecting the social security numbers of all children 54737 screened, diagnosed, or treated as part of the program's case 54738 management system; 54739 (2) Disclosing to the department of medicaid on at least an 54740 annual basis the identity and lead screening test results of each 54741 child screened pursuant to section 3742.30 of the Revised Code. 54742 The director shall collect and disseminate information relating to 54743 child lead poisoning and controlling lead hazards. 54744 (B) The director of health shall operate the child lead 54745 poisoning prevention program in accordance with rules adopted 54746 under section 3742.50 3742.45 of the Revised Code. The director 54747 Sub. H. B. No. 49 LSC 132 0001-3 Page 1764 may enter into an interagency agreement with one or more other 54748 state agencies to perform one or more of the program's duties. The 54749 director shall supervise and direct an agency's performance of 54750 such a duty. 54751 Sec. 3742.35. When the director of health or a board of 54752 health authorized to enforce sections 3742.35 to 3742.40 of the 54753 Revised Code becomes aware that an individual under six years of 54754 age has lead poisoning, the director or board shall conduct an 54755 investigation to determine the source of the lead poisoning. The 54756 director or board may conduct such an investigation when the 54757 director or board becomes aware that an individual six years of 54758 age or older has lead poisoning. The director or board shall 54759 conduct the investigation in accordance with rules adopted under 54760 section 3742.50 3742.45 of the Revised Code. 54761 In conducting the investigation, the director or board may 54762 request permission to enter the residential unit, child care 54763 facility, or school that the director or board reasonably suspects 54764 to be the source of the lead poisoning. If the property is 54765 occupied, the director or board shall ask the occupant for 54766 permission. If the property is not occupied, the director or board 54767 shall ask the property owner or manager for permission. If the 54768 occupant, owner, or manager fails or refuses to permit entry, the 54769 director or board may petition and obtain an order to enter the 54770 property from a court of competent jurisdiction in the county in 54771 which the property is located. 54772 As part of the investigation, the director or board may 54773 review the records and reports, if any, maintained by a lead 54774 inspector, lead abatement contractor, lead risk assessor, lead 54775 abatement project designer, lead abatement worker, or clearance 54776 technician. 54777 Sub. H. B. No. 49 LSC 132 0001-3 Sec. 3742.36. When the director of health or an authorized Page 1765 54778 board of health determines pursuant to an investigation conducted 54779 under section 3742.35 of the Revised Code that a residential unit, 54780 child care facility, or school is a possible source of the child's 54781 lead poisoning, the director or board shall conduct a risk 54782 assessment of that property in accordance with rules adopted under 54783 section 3742.50 3742.45 of the Revised Code. 54784 Sec. 3742.41. (A) A property The director of health shall 54785 establish and maintain a lead-safe residential rental unit 54786 registry in accordance with rules adopted under section 3742.45 of 54787 the Revised Code. The director shall not impose a fee for 54788 registration of a residential rental unit on the registry. 54789 (B) Beginning six months after the effective date of the 54790 rules referenced in division (A) of this section, the owner of a 54791 residential rental unit constructed before January 1, 1950 1978, 54792 that is used as a residential unit, child care facility, or school 54793 shall be legally presumed not to contain a lead hazard and not to 54794 be the source of the lead poisoning of an individual who resides 54795 in the unit or receives child care or education at the facility or 54796 school if the owner or manager of the unit, facility, or school 54797 successfully completes both of the following preventive 54798 treatments: 54799 (1) Follows may implement the essential residential rental 54800 unit lead-safe maintenance practices specified in section 3742.42 54801 of the Revised Code for the control of any lead hazards;. 54802 (2) Covers all rough, pitted, or porous horizontal surfaces 54803 of the inhabited or occupied areas within the unit, facility, or 54804 school with a smooth, cleanable covering or coating, such as metal 54805 coil stock, plastic, polyurethane, carpet, or linoleum. 54806 (B) The owner or manager of a residential unit, child care 54807 Sub. H. B. No. 49 LSC 132 0001-3 Page 1766 facility, or school has successfully completed the preventive 54808 treatments specified in division (A) of this section if the unit, 54809 facility, or school passes a clearance examination in accordance 54810 with standards for passage established by rules adopted under 54811 section 3742.49 of the Revised Code. 54812 (C) The legal presumption established under this section is 54813 rebuttable in a court of law only on a showing of clear and 54814 convincing evidence to the contrary After completion of the 54815 residential rental unit lead-safe maintenance practices, the owner 54816 may register the property as a lead-safe residential rental unit 54817 with the department of health for inclusion on the registry. 54818 (D) The owner of a residential rental unit also may register 54819 the unit as a lead-safe residential rental unit with the 54820 department for inclusion on the registry if either of the 54821 following apply: 54822 (1) The residential rental unit was or is constructed after January 1, 1978; (2) The residential rental unit is lead free as determined by 54823 54824 54825 a licensed lead inspector or lead risk assessor after an 54826 inspection of the unit. 54827 (E)(1) The owner of a residential rental unit that is subject 54828 to a lead hazard control order under section 3742.37 of the 54829 Revised Code shall register the residential rental unit on the 54830 lead-safe residential rental unit lead-safe registry after the 54831 unit passes a clearance examination, as specified in section 54832 3742.39 of the Revised Code, indicating that the lead hazards 54833 identified in the order are controlled. 54834 (2) The owner of a residential rental unit that is designated 54835 as housing for the elderly or senior housing by the director is 54836 exempt from the requirement to register under division (E)(1) of 54837 this section. 54838 Sub. H. B. No. 49 LSC 132 0001-3 Sec. 3742.42. (A) In completing the essential residential Page 1767 54839 rental unit lead-safe maintenance practices portion of the 54840 preventive treatments specified in section 3742.41 of the Revised 54841 Code, the owner or manager agent of the owner of a residential 54842 rental unit, child care facility, or school shall do all of the 54843 following: 54844 (1) Use only safe work practices, which include compliance 54845 with section 3742.44 of the Revised Code, to prevent the spread of 54846 lead-contaminated dust Successfully complete a training program in 54847 residential rental unit lead-safe maintenance practices approved 54848 by the director under section 3742.43 of the Revised Code; 54849 (2) Perform Annually perform a visual examinations 54850 examination for deteriorated paint, underlying damage, and other 54851 conditions that may cause exposure to lead; 54852 (3) Promptly and safely After completing the visual 54853 examination and identification of deteriorated paint or other 54854 conditions that may cause exposure to lead, repair deteriorated 54855 paint or other building components that may cause exposure to lead 54856 and eliminate the cause of the deterioration in accordance with 54857 the work practice standards established by the United States 54858 environmental protection agency in 40 C.F.R. Part 745.85; 54859 (4) Ask tenants in a residential unit, and parents, 54860 guardians, and custodians of children in a child care facility or 54861 school, to report concerns about potential lead hazards by 54862 providing written notices to the tenants or parents, guardians, 54863 and custodians or by posting notices in conspicuous locations 54864 Conduct post-maintenance dust sampling in accordance with rules 54865 adopted under section 3742.45 of the Revised Code; 54866 (5) Perform specialized cleaning in accordance with section 3742.45 of the Revised Code to control lead-contaminated dust; 54867 54868 Sub. H. B. No. 49 LSC 132 0001-3 (6) Cover any bare soil on the property, except soil proven not to be lead-contaminated; (7) Maintain a record of essential residential rental unit Page 1768 54869 54870 54871 lead-safe maintenance practices for at least three years that 54872 documents all essential those maintenance practices; 54873 (8) Successfully complete a training program in essential 54874 maintenance practices that has been approved under section 54875 3742.47, including post-maintenance dust sampling conducted in 54876 accordance with rules adopted under section 3742.45 of the Revised 54877 Code. 54878 (B) The areas of a residential rental unit, child care 54879 facility, or school that are subject to division (A) of this 54880 section include all of the following: 54881 (1) The interior surfaces and all common areas of the unit, facility, or school; (2) Every attached or unattached structure located within the 54882 54883 54884 same lot line as the residential rental unit, facility, or school 54885 that the owner or manager considers to be associated with the 54886 operation of the residential rental unit, facility, or school, 54887 including garages, play equipment, and fences; 54888 (3) The lot or land that the residential rental unit, facility, or school occupies. 54889 54890 (C) The residential rental unit lead-safe maintenance 54891 practices described in this section are not required to be 54892 performed by a person licensed as a lead abatement contractor or 54893 lead abatement worker under this chapter. However, six months 54894 after the effective date of this amendment, any person other than 54895 a lead abatement contractor or lead abatement worker who performs 54896 the residential rental unit lead-safe maintenance practices shall 54897 have successfully completed a training program in residential 54898 rental unit lead-safe maintenance practices approved by the 54899 Sub. H. B. No. 49 LSC 132 0001-3 director under section 3742.43 of the Revised Code. Page 1769 54900 Sec. 3742.43. (A) A person seeking approval of a training 54901 program in residential rental unit lead-safe maintenance practices 54902 shall apply for approval of the training program to the director 54903 of health. The application shall be made on a form prescribed by 54904 the director and shall include the nonrefundable application fee 54905 established in division (B) of this section. The director shall 54906 approve the training program if the applicant demonstrates to the 54907 satisfaction of the director both of the following: 54908 (1) That the training program will provide written proof of 54909 completion to each person who completes the program and passes an 54910 examination; 54911 (2) The program is in compliance with any other training 54912 program requirements established in rules adopted under section 54913 3742.45 of the Revised Code. 54914 (B) The director of health shall establish a nonrefundable 54915 application fee for approving a training program under this 54916 section. The fee shall be reasonable and shall not exceed the 54917 expense incurred in conducting evaluation and approval of a 54918 training program. 54919 Sec. 3742.49 3742.44. The director of health, in consultation 54920 with the individual authorized by the governor to act as the state 54921 historic preservation officer, shall develop recommendations for 54922 controlling lead hazards that take into consideration the historic 54923 nature of the property in which the hazards are located. The 54924 director shall provide periodic notifications of the 54925 recommendations to all persons licensed under this chapter. All 54926 lead hazard control orders issued under section 3742.37 of the 54927 Revised Code shall inform the recipient of the recommendations 54928 developed under this section. 54929 Sub. H. B. No. 49 LSC 132 0001-3 Page 1770 In no event shall a person use the recommendations as 54930 justification for refusing to comply with a lead hazard control 54931 order issued under section 3742.37 of the Revised Code. 54932 Sec. 3742.50 3742.45. (A) The director of health shall adopt 54933 rules in accordance with Chapter 119. of the Revised Code 54934 establishing all of the following: 54935 (1) Procedures necessary for the development and operation of 54936 the child lead poisoning prevention program established under 54937 section 3742.31 of the Revised Code; 54938 (2) Standards and procedures for conducting investigations 54939 and risk assessments under sections 3742.35 and 3742.36 of the 54940 Revised Code; 54941 (3) Standards and procedures for issuing lead hazard control 54942 orders under section 3742.37 of the Revised Code, including 54943 standards and procedures for determining appropriate deadlines for 54944 complying with lead hazard control orders; 54945 (4) The level of lead in human blood that is hazardous to 54946 human health, consistent with the guidelines issued by the centers 54947 for disease control and prevention in the public health service of 54948 the United States department of health and human services; 54949 (5) The level of lead in paint, dust, and soil that is hazardous to human health; (6) Standards and procedures to be followed when implementing 54950 54951 54952 preventive treatments for the control of lead hazards pursuant to 54953 registering a residential rental unit on the lead-safe residential 54954 rental unit registry under section 3742.41 of the Revised Code 54955 that are based on information from the United States environmental 54956 protection agency, department of housing and urban development, 54957 occupational safety and health administration, or other agencies 54958 with recommendations or guidelines regarding implementation of 54959 Sub. H. B. No. 49 LSC 132 0001-3 preventive treatments; (7) Standards that must be met to pass a clearance examination; (8) Procedures and criteria for approving under section Page 1771 54960 54961 54962 54963 3742.47 of the Revised Code training programs in essential 54964 residential rental unit lead-safe maintenance practices and 54965 lead-safe renovation and requirements, in addition to those 54966 specified in section 3742.47 3742.43 of the Revised Code, that a 54967 program must meet to receive approval; 54968 (9) The examination to be administered by a training program 54969 approved under section 3742.47 of the Revised Code and the 54970 examination's passing score Procedures for post-maintenance dust 54971 sampling. 54972 (B) The director shall establish procedures for revising its 54973 rules to ensure that the child lead poisoning prevention 54974 activities conducted under this chapter continue to meet the 54975 requirements necessary to obtain any federal funding available for 54976 those activities, including requirements established by the United 54977 States environmental protection agency, United States department 54978 of housing and urban development, or any other federal agency with 54979 jurisdiction over activities pertaining to child lead poisoning 54980 prevention. 54981 Sec. 3742.51 3742.46. (A) There is hereby created in the 54982 state treasury the lead poisoning prevention fund. The fund shall 54983 include all moneys appropriated to the department of health for 54984 the administration and enforcement of sections 3742.31 to 3742.50 54985 3742.45 of the Revised Code and the rules adopted under those 54986 sections. Any grants, contributions, or other moneys collected by 54987 the department for purposes of preventing lead poisoning shall be 54988 deposited in the state treasury to the credit of the fund. 54989 Sub. H. B. No. 49 LSC 132 0001-3 (B) Moneys in the fund shall be used solely for the purposes Page 1772 54990 of the child lead poisoning prevention program established under 54991 section 3742.31 of the Revised Code, including providing financial 54992 assistance to individuals who are unable to pay for the following: 54993 (1) Costs associated with obtaining lead tests and lead 54994 poisoning treatment for children under six years of age who are 54995 not covered by private medical insurance or are underinsured, are 54996 not eligible for the medicaid program or any other government 54997 health program, and do not have access to another source of funds 54998 to cover the cost of lead tests and any indicated treatments; 54999 (2) Costs associated with having lead abatement performed or 55000 having the preventive treatments residential rental unit lead-safe 55001 maintenance practices specified in section 3742.41 3742.42 of the 55002 Revised Code performed. 55003 Sec. 3745.012. (A) The director of environmental protection 55004 shall collect all moneys for permits, licenses, plan approvals, 55005 variances, and certifications of any nature issued and 55006 administered by the environmental protection agency under Chapter 55007 3704., 3714., 3734., 6109., or 6111. of the Revised Code. The 55008 director shall keep a record of all such moneys collected showing 55009 the amounts received, from whom, and for what purpose collected. 55010 All such moneys shall be credited to the general revenue fund, 55011 except for such moneys required to be credited to any other fund. 55012 (B) The director may reduce or waive a fee incurred for 55013 either of the following: (1) Submitting a late payment if the original amount has been paid in full; (2) Responding to an emergency, including fees for the 55014 55015 55016 55017 disposal of material and debris, if the governor declares a state 55018 of emergency. 55019