Ohio Admin. Code 3701-81-02 - Standards and procedures for registration on lead-safe residential rental unit registry
(A)
Any owner or
agent of a residential rental unit may register the residential rental unit on
the lead-safe residential rental unit registry designated by the director
pursuant to section 3742.41 of the Revised Code
after showing compliance with the requirements set forth in this
chapter.
(B)
For properties constructed after January 1, 1978 the
owner or agent of the residential rental unit may register the residential
rental unit on the lead-safe residential rental unit registry by providing
evidence of the date the property was built.
(C)
In accordance
with division (D)(2) of section
3742.41 of the Revised Code,
properties determined to be lead free by a licensed lead inspector or lead risk
assessor after an inspection of the residential rental unit can be registered
by providing the director with appropriate documentation from the licensed lead
professional.
(D)
For properties constructed prior to January 1, 1978,
the owner or agent of the residential rental unit who chooses to do the work
him or herself to make the residential rental unit lead-safe, must implement
residential rental unit lead-safe maintenance practices as set forth
below:
(1)
Successfully complete a training program in residential rental unit lead-safe
maintenance practices approved by the director pursuant to section
3742.43 of the Revised Code and
this chapter. An individual is exempt from taking the course of instruction,
approved by the director, if the individual meets one of the following:
(a)
Holds a current
United States environmental protection agency renovator and firm
certification;
(b)
An individual who is licensed, certified, or otherwise
approved under the laws of another state approved by the United States
environmental protection agency to perform functions substantially equivalent
to the United States environmental protection agency renovation, repair and
painting program; or
(c)
Holds a current Ohio lead abatement contractor or lead
abatement worker license and performs the lead-safe maintenance practices as
described in this rule and in accordance with the standards in
40 C.F.R.
745.85 (as effective on the effective date of
this rule).
(2)
Perform a visual examination in the areas of the
residential rental unit as specified in division (B) of section
3742.42 of the Revised Code
using a form prescribed by the director to identify deteriorated paint,
underlying damage, and other conditions that may cause exposure to
lead.
(3)
Repair any deteriorated paint, damage, or conditions
identified during the visual examination. Repairs are to be made in accordance
with all applicable federal and state codes.
(4)
Conduct a
clearance examination as required in this chapter.
(5)
An owner or agent
of the owner, must retain documentation of compliance with the work practice
standards set forth in this chapter for a period of no less than three
years.
(E)
An owner or agent of the residential rental unit may
choose to hire a contractor to perform the visual assessment and repair the
areas identified through the visual examination that may cause exposure to
lead. In order to do the work, a contractor must meet one of the
following:
(1)
Has completed the training for lead-safe maintenances practices set forth in
this chapter;
(2)
Is certified by the United States environmental
protection agency to perform work practices in accordance with
40 CFR Part
745.85 (as effective on the effective date of
this rule); or
(3)
Is certified by a state with training requirements that
meet the requirements set forth in this chapter.
(F)
The director may
remove any property from the lead-safe residential rental unit registry upon
determination that the owner or agents of the owner did any of the
following:
(1)
Falsified any of the required records;
(2)
Failed to comply
with any requirement of this chapter, Chapter 3742. of the Revised Code, or any
federal, or state regulations as they pertain to lead-based paint or lead
hazards; or
(3)
Failed to maintain required records.
(G)
Listing on the lead-safe residential rental unit registry
shall be effective for one year.
An owner or agent of the owner must provide the director with evidence that an annual visual assessment, any required maintenance defined in paragraph (D)(3) of this rule and a clearance examination was performed in accordance with this chapter to continue placement on the registry.
(H)
In accordance with division (E)(1) of section
3742.41 of the Revised Code 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 as a lead-safe residential rental
unit on the lead-safe residential rental unit 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.
(I)
A property owner who has a residential rental unit
currently subject to a lead hazard control order under section
3742.37 of the Revised Code
shall not use the lead-safe maintenance practices set forth in this chapter to
remediate those hazards.
Notes
Promulgated Under: 119.03
Statutory Authority: 3742.45
Rule Amplifies: 3742.41, 3742.42
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