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.

Terms Used In Ohio Code 3742.35

  • Board of health: means the board of health of a city or general health district or the authority having the duties of a board of health under section 3709. See Ohio Code 3742.01
  • Child care facility: means each area of any of the following in which child care, as defined in section 5104. See Ohio Code 3742.01
  • Clearance technician: means a person, other than a licensed lead inspector or licensed lead risk assessor, who performs a clearance examination. See Ohio Code 3742.01
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lead abatement: includes all of the following:

    (a) Removal of lead-based paint and lead-contaminated dust;

    (b) Permanent enclosure or encapsulation of lead-based paint;

    (c) Replacement of surfaces or fixtures painted with lead-based paint;

    (d) Removal or permanent covering of lead-contaminated soil;

    (e) Preparation, cleanup, and disposal activities associated with lead abatement. See Ohio Code 3742.01

  • Lead abatement project: means one or more lead abatement activities that are conducted by a lead abatement contractor and are reasonably related to each other. See Ohio Code 3742.01
  • Lead abatement worker: means an individual who is responsible in a nonsupervisory capacity for the performance of lead abatement. See Ohio Code 3742.01
  • Lead inspector: means any individual who conducts a lead inspection, provides professional advice regarding a lead inspection, or prepares a report explaining the results of a lead inspection. See Ohio Code 3742.01
  • Lead poisoning: means the level of lead in human blood that is hazardous to human health, as specified in rules adopted under section 3742. See Ohio Code 3742.01
  • Lead risk assessor: means a person who is responsible for developing a written inspection, risk assessment, and analysis plan; conducting inspections for lead hazards in a residential unit, child care facility, or school; interpreting results of inspections and risk assessments; identifying hazard control strategies to reduce or eliminate lead exposures; and completing a risk assessment report. See Ohio Code 3742.01
  • Manager: means a person, who may be the same person as the owner, responsible for the daily operation of a residential unit, child care facility, or school. See Ohio Code 3742.01
  • Property: means real and personal property. See Ohio Code 1.59
  • Residential unit: includes a residential rental unit. See Ohio Code 3742.01
  • School: means a public or nonpublic school in which children under six years of age receive education. See Ohio Code 3742.01

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.

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