Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-30 - Lead Screening and Assessment › Section 3701-30-08 - Public health lead risk assessment

Current through all regulations passed and filed through July 1, 2024
(A) When the director determines that a
			 residential unit, child care facility, or school is a possible source of the
			 child's lead poisoning, the director shall conduct a public health lead risk
			 assessment of that property in accordance with paragraphs (G)(1) to (G)(9) of
			 rule
			 3701-32-07
			 of the Administrative Code. If a public health lead investigator completed one
			 or more of the components of the public health lead risk assessment when
			 conducting a public health lead investigation in accordance with rule
			 3701-30-07
			 of the Administrative Code within the previous twenty-eight calendar days, the
			 public health lead investigator is not required to repeat those
			 components.
(B) The public health
			 lead investigation and public health lead risk assessment may be completed in
			 the same day. Prior to or within three calendar days of a public health lead
			 risk assessment, the public health lead investigator shall send written notice
			 to the owner or manager of a property where a public health lead risk
			 assessment is to be or has been conducted. The notice shall be sent by regular
			 mail or hand-delivered and state that the property is suspected of being a
			 possible source of a child's lead poisoning and the date the public health lead
			 risk assessment will be or has been conducted.
(C) At the conclusion of the public health
			 lead risk assessment, the public health lead investigator shall prepare a
			 report for each residential unit, child care facility or school where a public
			 health lead risk assessment was conducted. The report shall be written in a
			 format prescribed by the director. The report shall contain the following, as
			 applicable:
(1) Date of the public health
			 lead risk assessment;
(2) Address,
			 unit number, and date of construction of each residential unit, child care
			 facility or school assessed;
(3)
			 Name, address, and telephone number of the owner or manager of each residential
			 unit, child care facility or school assessed;
(4) Name, license number, and signature of
			 the public health lead investigator conducting the public health lead risk
			 assessment and the name, address, and telephone number of the agency employing
			 each public health lead investigator;
(5) Name, address, and telephone number of
			 each environmental lead analytical laboratory approved pursuant to rule
			 3701-82-02
			 of the Administrative Code performing the analysis of any collected
			 environmental samples;
(6) Results
			 of the visual assessment of each residential unit, child care facility or
			 school assessed;
(7) The testing
			 method and sampling procedure for paint analysis employed and the specific
			 locations of each component tested for the presence of lead;
(8) All data collected from on-site testing,
			 including quality control data and if an XRF is used, its serial
			 number;
(9) For residential units,
			 the following statement displayed at the top of the report in bold letters:
Ohio law (section
				5302.30
				of the Revised Code) requires every person who intends to transfer any
				residential real property by sale, land installment contract, lease with option
				to purchase, exchange, or lease for a term of ninety-nine years and renewable
				forever, to complete and provide a copy to the prospective transferee of the
				applicable property disclosure forms, disclosing known hazardous conditions of
				the property, including lead-based paint hazards.
Federal law ( 24 CFR part 35 and 40 CFR part 745) requires
				sellers and lessors of residential units constructed prior to 1978, except
				housing for the elderly or persons with disabilities (unless any child who is
				less than six years of age resides or is expected to reside in such housing) or
				any zero-bedroom dwelling to disclose and provide a copy of this report to new
				purchasers or lessees before they become obligated under a lease or sales
				contract. Property owners and sellers are also required to distribute an
				educational pamphlet approved by the United States environmental protection
				agency and include standard warning language in sales contracts or in or
				attached to lease contracts to ensure that parents have the information they
				need to protect children from lead-based paint hazards.
(10) Background information regarding the
			 physical characteristics and occupant use patterns that may cause lead hazard
			 exposure to one or more children;
(11) Results of the lead loading analysis of
			 dust samples, in micrograms per square foot, a copy of the lab report, and a
			 diagram of the floor plan of each residential unit, child care facility or
			 school assessed illustrating the sample locations;
(12) Results of the lead concentration
			 analysis of soil samples, in parts per million, a copy of the lab report, and a
			 diagram of each residential unit, child care facility or school assessed
			 illustrating the sample locations;
(13) Results of the lead concentration
			 analysis of water samples, in parts per billion and a copy of the lab
			 report;
(14) A description of the
			 location and type of identified lead hazards; and
(15) A description of recommended control
			 options for each identified lead hazard as outlined in rule
			 3701-30-10 of
			 the Administrative Code.
(16) A
			 copy of the performance characteristics sheet for the x-ray fluorescence (XRF)
			 instrument utilized for paint analysis.