reglab/housing_qa huggingface dataset:
Ohio Rev Code § 3742.17 (2021)
2021 Ohio Revised Code|Title 37 | Health-Safety-Morals|Chapter 3742 | Lead Abatement|Section 3742.17 | Liability of Licensees and Persons Contracting With Licensees.

Effective: April 7, 2003|Latest Legislation:  House Bill 248 - 124th General Assembly|(A) Where any person is licensed by the department of health to engage in lead abatement, lead inspection, lead risk assessment, clearance examination, or any other activity under this chapter, the liability of that person, when performing the activity in accordance with procedures established pursuant to state or federal law, for an injury to any individual or property caused or related to the activity shall be limited to acts or omissions of the person during the course of performing the activity that can be shown, based on a preponderance of the evidence, to have been negligent. For the purposes of this section, the demonstration that acts or omissions of a person performing lead abatement, lead inspection, lead risk assessment, clearance examination, or other activities under this chapter were in accordance with generally accepted practice and with procedures established by state or federal law at the time the abatement, inspection, assessment, examination, or other activity was performed creates a rebuttable presumption that the acts or omissions were not negligent.(B) Where any person contracts with a person licensed as a lead inspector, lead abatement contractor, lead risk assessor, lead abatement project designer, lead abatement worker, or clearance technician the liability of that person for lead-related injuries caused by the person's contractee in the performance of lead abatement, lead inspection, lead risk assessment, clearance examination, or other activities under this chapter shall be limited to those lead-related injuries arising from acts or omissions that the person knew, or could reasonably have been expected to know, were not in accordance with generally accepted practices or with procedures established by state or federal law at the time the activity took place.(C) Notwithstanding any other provisions of the Revised Code or rules of a court to the contrary, this section governs all claims for lead-related injuries to individuals or property arising from lead abatement, lead inspection, lead risk assessment, clearance examination, or other activities for which a license is required under this chapter.
Ohio Rev Code § 3742.18 (2021)
2021 Ohio Revised Code|Title 37 | Health-Safety-Morals|Chapter 3742 | Lead Abatement|Section 3742.18 | Civil Action.

Effective: October 17, 2019|Latest Legislation:  House Bill 166 - 133rd General Assembly|(A)(1) At the request of the director of health, the attorney general may commence a civil action for civil penalties and injunctive and other equitable relief against any person who violates section 3742.02, 3742.06, or 3742.07 of the Revised Code. The action shall be commenced in the court of common pleas of the county in which the violation occurred or is about to occur. (2) The court shall grant injunctive and other equitable relief on a showing that the person has violated or is about to violate section 3742.02, 3742.06, or 3742.07 of the Revised Code. On a finding of a violation, the court shall assess a civil penalty of not more than one thousand dollars. Each day a violation continues is a separate violation. All civil penalties collected by the court under this section shall be deposited into the state treasury to the credit of the lead abatement personnel licensing fund created under section 3742.19 of the Revised Code. (B) At the request of the director or a board of health, a prosecuting attorney, city director of law, village solicitor, or similar chief legal officer may commence a civil action for injunctive and other equitable relief against any person who violates or is about to violate an order issued by the director or board of health under section 3742.40 of the Revised Code. The court shall grant injunctive or other equitable relief on a showing that the person has violated or is about to violate the order.
Ohio Rev Code § 3742.19 (2021)
2021 Ohio Revised Code|Title 37 | Health-Safety-Morals|Chapter 3742 | Lead Abatement|Section 3742.19 | Lead Abatement Personnel Licensing Fund.

Effective: April 7, 2003|Latest Legislation:  House Bill 248 - 124th General Assembly|Except for any licensing examination fee collected and retained by an entity under contract pursuant to division (B) of section 3742.08 of the Revised Code, all fees collected under sections 3742.01 to 3742.18 of the Revised Code; any grant, contribution, or other moneys received for the purposes of those sections; and fines collected under section 3742.99 of the Revised Code shall be deposited into the state treasury to the credit of the lead abatement personnel licensing fund, which is hereby created. The moneys in the fund shall be used solely for the administration and enforcement of sections 3742.01 to 3742.18 of the Revised Code and the rules adopted under those sections.
Ohio Rev Code § 3742.20 (2021)
2021 Ohio Revised Code|Title 37 | Health-Safety-Morals|Chapter 3742 | Lead Abatement|Section 3742.20 | Effect of Child Support Default on License.

Effective: March 22, 2001|Latest Legislation:  Senate Bill 180 - 123rd General Assembly|On receipt of a notice pursuant to section 3123.43 of the Revised Code, the director of health shall comply with sections 3123.41 to 3123.50 of the Revised Code and any applicable rules adopted under section 3123.63 of the Revised Code with respect to a license issued pursuant to this chapter.
Ohio Rev Code § 3742.30 (2021)
2021 Ohio Revised Code|Title 37 | Health-Safety-Morals|Chapter 3742 | Lead Abatement|Section 3742.30 | Blood Lead Screening Tests for At-Risk Children.

Effective: September 29, 2013|Latest Legislation:  House Bill 59 - 130th General Assembly|Each child at risk of lead poisoning shall undergo a blood lead screening test to determine whether the child has lead poisoning. The at-risk children shall undergo the test at times determined by rules the director of health shall adopt in accordance with Chapter 119. of the Revised Code that are consistent with the guidelines established by the centers for disease control and prevention in the public health service of the United States department of health and human services. The rules shall specify which children are at risk of lead poisoning. Neither this section nor the rules adopted under it affect the coverage of blood lead screening tests by any publicly funded health program, including the medicaid program. Neither this section nor the rules adopted under it apply to a child if a parent of the child objects to the test on the grounds that the test conflicts with the parent's religious tenets and practices.
Ohio Rev Code § 3742.31 (2021)
2021 Ohio Revised Code|Title 37 | Health-Safety-Morals|Chapter 3742 | Lead Abatement|Section 3742.31 | Child Lead Poisoning Prevention Program.

Effective: September 29, 2017|Latest Legislation:  House Bill 49 - 132nd General Assembly|(A) The director of health shall establish, promote, and maintain a child lead poisoning prevention program. The program shall provide statewide coordination of screening, diagnosis, and treatment services for children under age six, including both of the following:(1) Collecting the social security numbers of all children screened, diagnosed, or treated as part of the program's case management system;(2) Disclosing to the department of medicaid on at least an annual basis the identity and lead screening test results of each child screened pursuant to section 3742.30 of the Revised Code. The director shall collect and disseminate information relating to child lead poisoning and controlling lead hazards.(B) The director of health shall operate the child lead poisoning prevention program in accordance with rules adopted under section 3742.45 of the Revised Code. The director may enter into an interagency agreement with one or more other state agencies to perform one or more of the program's duties. The director shall supervise and direct an agency's performance of such a duty.
Ohio Rev Code § 3742.32 (2021)
2021 Ohio Revised Code|Title 37 | Health-Safety-Morals|Chapter 3742 | Lead Abatement|Section 3742.32 | Advisory Council.

Effective: October 17, 2019|Latest Legislation:  House Bill 166 - 133rd General Assembly|(A) The director of health shall appoint an advisory council to assist in the ongoing development and implementation of the child lead poisoning prevention program created under section 3742.31 of the Revised Code. The advisory council shall consist of the following members: (1) A representative of the department of medicaid; (2) A representative of the bureau of child care in the department of job and family services; (3) A representative of the department of environmental protection; (4) A representative of the department of education; (5) A representative of the development services agency; (6) A representative of the Ohio apartment owner's association; (7) A representative of the Ohio healthy homes network; (8) A representative of the Ohio environmental health association; (9) An Ohio representative of the American coatings association; (10) A representative from Ohio realtors; (11) A representative of the Ohio housing finance agency; (12) A physician knowledgeable in the field of lead poisoning prevention; (13) A representative of the public. (B) The advisory council shall do both of the following: (1) Provide the director with advice regarding the policies the child lead poisoning prevention program should emphasize, preferred methods of financing the program, and any other matter relevant to the program's operation; (2) Submit a report of the state's activities to the governor, president of the senate, and speaker of the house of representatives on or before the first day of March each year. (C) The advisory council is not subject to sections 101.82 to 101.87 of the Revised Code.
Ohio Rev Code § 3742.34 (2021)
2021 Ohio Revised Code|Title 37 | Health-Safety-Morals|Chapter 3742 | Lead Abatement|Section 3742.34 | Delegating Authority to Board of Health.

Effective: April 7, 2003|Latest Legislation:  House Bill 248 - 124th General Assembly|If the director of health determines that a board of health can satisfactorily enforce sections 3742.35 to 3742.40 of the Revised Code, the director may delegate the authority to enforce those sections to the board. The director may revoke the delegation of authority at any time by written notice delivered to the board of health by certified mail.
Ohio Rev Code § 3742.35 (2021)
2021 Ohio Revised Code|Title 37 | Health-Safety-Morals|Chapter 3742 | Lead Abatement|Section 3742.35 | Investigations.

Effective: September 29, 2017|Latest Legislation:  House Bill 49 - 132nd General Assembly|When the director of health or a board of health authorized to enforce sections 3742.35 to 3742.40 of the Revised Code becomes aware that an individual under six years of age has lead poisoning, the director or board shall conduct an investigation to determine the source of the lead poisoning. The director or board may conduct such an investigation when the director or board becomes aware that an individual six years of age or older has lead poisoning. The director or board shall conduct the investigation in accordance with rules adopted under section 3742.45 of the Revised Code.In conducting the investigation, the director or board may request permission to enter the residential unit, child care facility, or school that the director or board reasonably suspects to be the source of the lead poisoning. If the property is occupied, the director or board shall ask the occupant for permission. If the property is not occupied, the director or board shall ask the property owner or manager for permission. If the occupant, owner, or manager fails or refuses to permit entry, the director or board may petition and obtain an order to enter the property from a court of competent jurisdiction in the county in which the property is located.As part of the investigation, the director or board may review the records and reports, if any, maintained by a lead inspector, lead abatement contractor, lead risk assessor, lead abatement project designer, lead abatement worker, or clearance technician.
Ohio Rev Code § 3742.36 (2021)
2021 Ohio Revised Code|Title 37 | Health-Safety-Morals|Chapter 3742 | Lead Abatement|Section 3742.36 | Risk Assessment of Residential Unit, Day-Care Facility, or School.

Effective: September 29, 2017|Latest Legislation:  House Bill 49 - 132nd General Assembly|When the director of health or an authorized board of health determines pursuant to an investigation conducted under section 3742.35 of the Revised Code that a residential unit, child care facility, or school is a possible source of the child's lead poisoning, the director or board shall conduct a risk assessment of that property in accordance with rules adopted under section 3742.45 of the Revised Code.
Ohio Rev Code § 3742.37 (2021)
2021 Ohio Revised Code|Title 37 | Health-Safety-Morals|Chapter 3742 | Lead Abatement|Section 3742.37 | Lead Hazard Control Order.

Effective: May 18, 2005|Latest Legislation:  House Bill 11 - 125th General Assembly|(A) If the results of a risk assessment conducted under section 3742.36 of the Revised Code indicate that one or more lead hazards identified in a residential unit, child care facility, or school are contributing to a child's lead poisoning, the director of health or authorized board of health immediately shall issue an order to have each lead hazard in the property controlled. The areas of the unit, facility, or school that may be subject to the lead hazard control order include the following:(1) The interior and exterior surfaces and all common areas of the unit, facility, or school;(2) Every attached or unattached structure located within the same lot line as the unit, facility, or school, including garages, play equipment, and fences;(3) The lot or land that the unit, facility, or school occupies.(B) A lead hazard control order issued under this section shall be in writing and in the form the director shall prescribe. The director or board shall specify in the order each lead hazard to be controlled and the date by which the unit, facility, or school must pass a clearance examination demonstrating that each lead hazard has been sufficiently controlled. The director or board may include in the order a requirement that occupants of the unit, facility, or school whose health may be threatened vacate the unit, facility, or school until the unit, facility, or school passes the clearance examination.The director or board shall have the order delivered to the owner and manager of the unit, facility, or school. If the order applies to a building in which there is more than one residential unit, the director or board shall have a copy of the order delivered to the occupants of each unit or require that the owner or manager of the building deliver a copy of the order to the occupants of each unit. If the order applies to a child care facility or school, the director or board shall have a copy of the order delivered to the parent, guardian, or custodian of each child under six years of age who receives child care or education at the facility or school or require the owner or manager of the facility or school to have a copy of the order so delivered.
Ohio Rev Code § 3742.38 (2021)
2021 Ohio Revised Code|Title 37 | Health-Safety-Morals|Chapter 3742 | Lead Abatement|Section 3742.38 | Owner or Manager to Cooperate and Choose Method of Control.

Effective: May 18, 2005|Latest Legislation:  House Bill 11 - 125th General Assembly|The owner and manager of a residential unit, child care facility, or school that is subject to a lead hazard control order issued under section 3742.37 of the Revised Code shall cooperate with the director of health or board of health that issued the order in controlling each lead hazard specified in the order. The owner or manager shall choose a method of controlling each lead hazard that enables the residential unit, child care facility, or school to pass a clearance examination. The method chosen may be the owner or manager's personal preference, a proposal made by a person under contract with the owner or manager, or a recommendation that the director or board may provide. The owner or manager shall inform the director or board of the method that the owner or manager chooses to control each lead hazard.
Ohio Rev Code § 3742.39 (2021)
2021 Ohio Revised Code|Title 37 | Health-Safety-Morals|Chapter 3742 | Lead Abatement|Section 3742.39 | Clearance Examination.

Effective: May 18, 2005|Latest Legislation:  House Bill 11 - 125th General Assembly|A residential unit, child care facility, or school remains subject to a lead hazard control order issued under section 3742.37 of the Revised Code until the unit, facility, or school passes a clearance examination. After the unit, facility, or school passes the clearance examination, the director of health or board of health that issued the order shall provide the owner and manager of the unit, facility, or school with information on methods of maintaining control of each lead hazard specified in the order. In the case of a residential unit in which an individual who is not the owner or manager resides, the director or board also shall provide the information to the individual residing in the unit.
Ohio Rev Code § 3742.40 (2021)
2021 Ohio Revised Code|Title 37 | Health-Safety-Morals|Chapter 3742 | Lead Abatement|Section 3742.40 | Prohibiting Use of Unit, Facility, or School.

Effective: October 17, 2019|Latest Legislation:  House Bill 166 - 133rd General Assembly|If the owner and manager of a residential unit, child care facility, or school fails or refuses for any reason to comply with a lead hazard control order issued under section 3742.37 of the Revised Code, the director of health or board of health that issued the order shall issue an order prohibiting the owner and manager from permitting the unit, facility, or school to be used for any purpose until the unit, facility, or school passes a clearance examination. On receipt of the order, the owner or manager shall take appropriate measures to notify each occupant, in the case of a residential unit, and the parent, guardian, or custodian of each child attending the facility or school, in the case of a child care facility or school, to vacate the unit, facility, or school until the unit, facility, or school passes a clearance examination. The director or board shall post a sign at the unit, facility, or school that warns the public that the unit, facility, or school has a lead hazard. The sign shall include a declaration that the unit, facility, or school is unsafe for human occupation, especially for children under six years of age and pregnant women. The director or board shall ensure that the sign remains posted at the unit, facility, or school and that the unit, facility, or school is not used until the unit, facility, or school passes a clearance examination.
Ohio Rev Code § 3742.41 (2021)
2021 Ohio Revised Code|Title 37 | Health-Safety-Morals|Chapter 3742 | Lead Abatement|Section 3742.41 | Presumptions Relative to Property Constructed Prior to 1-1-78; Registration as Lead-Safe Residential Rental Unit.

Effective: September 29, 2017|Latest Legislation:  House Bill 49 - 132nd General Assembly|(A) The director of health shall establish and maintain a lead-safe residential rental unit registry in accordance with rules adopted under section 3742.45 of the Revised Code. The director shall not impose a fee for registration of a residential rental unit on the registry.(B) Beginning six months after the effective date of the rules referenced in division (A) of this section, the owner of a residential rental unit constructed before January 1, 1978, may implement the residential rental unit lead-safe maintenance practices specified in section 3742.42 of the Revised Code for the control of any lead hazards.(C) After completion of the residential rental unit lead-safe maintenance practices, the owner may register the property as a lead-safe residential rental unit with the department of health for inclusion on the registry.(D) The owner of a residential rental unit also may register the unit as a lead-safe residential rental unit with the department for inclusion on the registry if either of the following apply:(1) The residential rental unit was or is constructed after January 1, 1978;(2) The residential rental unit is lead free as determined by a licensed lead inspector or lead risk assessor after an inspection of the unit.(E)(1) The owner of a residential rental unit that is subject to a lead hazard control order under section 3742.37 of the Revised Code shall register the residential rental unit on the lead-safe residential rental unit lead-safe registry after the unit passes a clearance examination, as specified in section 3742.39 of the Revised Code, indicating that the lead hazards identified in the order are controlled.(2) The owner of a residential rental unit that is designated as housing for the elderly or senior housing by the director is exempt from the requirement to register under division (E)(1) of this section.
Ohio Rev Code § 3742.42 (2021)
2021 Ohio Revised Code|Title 37 | Health-Safety-Morals|Chapter 3742 | Lead Abatement|Section 3742.42 | Residential Rental Unit Lead-Safe Maintenance Practices.

Effective: September 29, 2017|Latest Legislation:  House Bill 49 - 132nd General Assembly|(A) In completing residential rental unit lead-safe maintenance practices, the owner or agent of the owner of a residential rental unit shall do all of the following:(1) Successfully complete a training program in residential rental unit lead-safe maintenance practices approved by the director under section 3742.43 of the Revised Code;(2) Annually perform a visual examination for deteriorated paint, underlying damage, and other conditions that may cause exposure to lead;(3) After completing the visual examination and identification of deteriorated paint or other conditions that may cause exposure to lead, repair deteriorated paint or other building components that may cause exposure to lead and eliminate the cause of the deterioration in accordance with the work practice standards established by the United States environmental protection agency in 40 C.F.R. Part 745.85;(4) Conduct post-maintenance dust sampling in accordance with rules adopted under section 3742.45 of the Revised Code;(5) Maintain a record of residential rental unit lead-safe maintenance practices for at least three years that documents those maintenance practices, including post-maintenance dust sampling conducted in accordance with rules adopted under section 3742.45 of the Revised Code.(B) The areas of a residential rental unit that are subject to division (A) of this section include all of the following:(1) The interior surfaces and all common areas;(2) Every attached or unattached structure located within the same lot line as the residential rental unit that the owner or manager considers to be associated with the operation of the residential rental unit, including garages, play equipment, and fences;(3) The lot or land that the residential rental unit occupies.(C) The residential rental unit lead-safe maintenance practices described in this section are not required to be performed by a person licensed as a lead abatement contractor or lead abatement worker under this chapter. However, six months after the effective date of this amendment, any person other than a lead abatement contractor or lead abatement worker who performs the residential rental unit lead-safe maintenance practices shall have successfully completed a training program in residential rental unit lead-safe maintenance practices approved by the director under section 3742.43 of the Revised Code.