Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-32 - Lead Hazard Abatement › Section 3701-32-03 - General provisions and prohibitions

Current through all regulations passed and filed through July 1, 2024
(A) 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 or valid lead risk assessor license;
(2) Perform a lead risk assessment, lead
			 hazard screen risk assessment, or lead risk assessment activity without a valid
			 lead risk assessor license;
(3)
			 Perform a clearance examination following lead abatement without a valid lead
			 inspector license, or valid lead risk assessor license;
(4) Perform a clearance examination following
			 non-abatement lead activities without a valid clearance technician license,
			 unless that person holds a valid lead inspector license or valid lead risk
			 assessor license;
(5) Supervise a
			 lead abatement project without a valid lead abatement contractor license, or
			 valid lead abatement project designer license;
(6) Provide professional advice regarding
			 lead abatement without a valid lead abatement contractor license, or valid lead
			 abatement project designer license;
(7) Perform lead abatement without a valid
			 lead abatement worker license, valid lead abatement contractor license, or
			 valid lead abatement project designer license;
(8) Perform lead abatement without the
			 on-site supervision of a lead abatement contractor or lead abatement project
			 designer;
(9) Act as a lead
			 abatement project designer without a valid lead abatement project designer
			 license;
(10) Knowingly authorize
			 or employ an individual to perform lead abatement, unless the individual who
			 will perform the lead abatement holds a valid lead abatement contractor
			 license, valid lead abatement project designer license, or valid lead abatement
			 worker license;
(11) Have
			 any
			 renovation performed in lieu of having lead abatement performed on a property
			 at which a lead-poisoned child under six years of age has been
			 identified;
(12) Perform lead hazard control on a property at
			 which a lead-poisoned child has been identified, without holding a valid lead
			 abatement contractor license, valid lead abatement project designer license, or
			 valid lead abatement worker license;
(13) Employ or
			 authorize any person to perform lead hazard control on a property where a lead
			 hazard control order has been issued pursuant to rule
			 3701-30-09
			 of the Administrative Code, unless that person holds a valid lead abatement
			 contractor license, valid lead abatement project designer license, or valid
			 lead abatement worker license, until the lead hazard control order has been
			 lifted;
(14) Perform a clearance examination on a residential
			 unit, child care facility, or school where lead hazard control orders have been
			 issued pursuant to rule
			 3701-30-09
			 of the Administrative Code without a valid lead risk assessor or valid lead
			 inspector license, until the lead hazard control order has been
			 lifted;
(15) Interfere with an investigation conducted by the
			 director or a board of health in accordance with section
			 3742.35 of the
			 Revised Code;
(16) Perform interim controls without complying with
			 24 C.F.R. Part 35;
(17)
			 Use an encapsulation product for the purposes of lead abatement that has not
			 been approved by the director pursuant to division (H) of section
			 3742.03 of the
			 Revised Code and rule
			 3701-32-13
			 of the Administrative Code;
(18) Use the services
			 of an environmental lead analytical laboratory that has not been approved by
			 the director pursuant to section
			 3742.09
			 of the Revised Code and rule
			 3701-82-02
			 of the Administrative Code;
(19) Collect or
			 analyze composite dust wipe samples;
(20) Provide or offer
			 to provide analysis of lead content in air, dust, soil, water,paint film or other substances, for the purposes
			 of meeting the requirements of Chapter 3742. of the Revised Code and Chapter
			 3701-32 of the Administrative Code unless that person is approved by the
			 director as an environmental lead analytical laboratory or employed by an
			 environmental lead analytical laboratory approved by the director;
(21)
			 Provide or offer to provide analysis of lead content in blood, for the purpose
			 of meeting the requirements of Chapter 3742. of the Revised Code and Chapters
			 3701-30 and 3701-32 of the Administrative Code unless that person is approved
			 by the director as a clinical laboratory or employed by a clinical laboratory
			 approved by the director;
(22) Perform lead
			 training for licensing purposes without a valid approval from the director;
			 or
(23) Use a chemical test kit for sampling when
			 conducting lead inspections or lead risk assessments.