Chapter 3701-81 | Lead-Safe Rental Registry

Rule 3701-81-01 | Definitions.

• Effective: April 1, 2019
• Promulgated Under: 119.03

As used in this rule:

(A) "Deteriorated paint" means any interior or exterior paint or other coating that is peeling, chipping, chalking, or cracking, or any paint or coating located on an interior or exterior surface or fixture that is otherwise damaged or separated from the substrate, or paint on a friction or impact surface that shows abrasion or other evidence of damage to the paint from the friction or impact.

(B) "Lead free" means no lead-based paint is present in any areas of a residential rental unit, child care facility, or school subject to this section to include all of the following:

(1) The interior 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 residential rental unit, facility, or school that the owner or manager considers to be associated with the operation of the residential rental unit, facility, or school, including garages, play equipment, and fences;

(3) The lot or land that the residential rental unit, facility, or school occupies.

(C) "Lead hazard" means material that is likely to cause lead exposure and endanger an individual's health as set forth in rule 3701-32-19 of the Administrative Code. "Lead hazard" includes lead-based paint, lead-contaminated dust, lead-contaminated soil, and lead-contaminated water pipes.

(D) "Lead hazard control order" means an order issued by the director or authorized board of health under section 3742.37 of the Revised Code.

(E) "Lead-safe residential rental unit" means a residential rental unit that has undergone the residential rental unit lead-safe maintenance practices described in section 3742.42 of the Revised Code, including post-maintenance dust sampling or are registered pursuant to division (D) of section 3742.41 of the Revised Code.

(F) "Lead-safe residential rental unit registry" means a registry created by the director where the owner of a residential rental unit may list a rental property that is compliant with the requirements found in this chapter for listing a residential rental unit as lead safe.

(G) "Post-maintenance dust sampling" means a clearance examination, as defined in rule 3701-32-01 of the Administrative Code, performed by a licensed clearance technician, lead inspector, or lead risk assessor pursuant to rule 3701-32-04 of the Administrative Code.

(H) "Residential unit" means a dwelling or any part of a building being used as an individual's private residence. "Residential unit" includes a residential rental unit.

(I) "Residential rental unit lead-safe maintenance practices" means a set of standards and practices with which an owner must comply as part of the requirements to list a residential rental unit as lead safe.

(J) "Visual examination" means an examination for the presence of deteriorated paint and structural defects that may cause the deterioration of paint and noting the same on a form prescribed by the director.

Supplemental Information

Authorized By: 3742.45
Amplifies: 3742.41 through 3742.43
Five Year Review Date: 4/1/2024

Rule 3701-81-02 | Standards and procedures for registration on lead-safe residential rental unit registry.

• Effective: April 1, 2019
• Promulgated Under: 119.03

(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 in this paragraph:

(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.

Supplemental Information

Authorized By: 3742.45
Amplifies: 3742.41, 3742.42
Five Year Review Date: 4/1/2024

Rule 3701-81-03 | Application procedures for training programs for residential rental unit lead-safe maintenance practices.

• Effective: April 1, 2019
• Promulgated Under: 119.03

(A) A person shall submit an application for approval of a training program on a form prescribed by the director. An application for approval of a training program shall contain:

(1) Except for the state of Ohio, or local political subdivisions, a non-refundable fee of seven hundred fifty dollars, payable to "Treasurer, State of Ohio";

(2) A statement signed by the training program manager certifying that:

(a) The training program meets the minimum requirements set forth in rule 3701-81-06 of the Administrative Code;

(b) Each instructor meets the qualifications described in rule 3701-81-04 of the Administrative Code;

(c) The program will use either the model training materials developed by the United States environmental protection agency, United States department of housing and urban development, if available, or materials approved by the director; and

(d) The applicant is in compliance and will remain in compliance with the record-keeping and reporting requirements of paragraphs (A)(3) and (A)(4) of rule 3701-81-05 of the Administrative Code.

(3) The program agenda with an allocation of time spent on each topic;

(4) The program quality control plan and certification that the applicant will comply with the requirements of paragraph (B) of rule 3701-81-05 of the Administrative Code;

(5) An example of a program completion certificate, as described in paragraph (A)(2) of rule 3701-81-05 of the Administrative Code;

(6) A copy of the program examination and answer key; and

(7) A copy of the student manuals and instructor manuals to be used for each course.

(B) A person shall submit an application for renewal of approval as a training program on a form prescribed by the director. A person shall submit a separate application for each program for which the person is seeking approval. An application for renewal shall include the fee specified in paragraph (A)(1) of this rule. As part of the application, the individual shall also submit:

(1) A statement signed by the training program manager certifying that:

(a) The training program continues to meet the minimum requirements set forth in this rule and rules 3701-81-05 and 3701-81-06 of the Administrative Code;

(b) Each instructor continues to meet the qualifications described in rule 3701-81-04 of the Administrative Code;

(c) The program continues to use the model training materials developed by the United States environmental protection agency, United States department of housing and urban development, if available, or materials approved by the director; and

(d) The applicant is in compliance and will remain in compliance with the reporting and record-keeping requirements of paragraphs (A)(3) and (A)(4) of rule 3701-81-05 of the Administrative Code.

(2) A statement from the training program manager indicating whether any of the following have changed:

(a) Facilities or equipment;

(b) Program agenda with an allocation of time spent on each topic;

(c) Program quality control plan;

(d) Program completion certificate and an example of the changed certificate;

(e) Program examination and answer key; or

(f) Student manuals or instructor manuals to be used for each program.

(C) The director shall notify the applicant of any deficiency or needed modification to the application. Six months after written notification of any deficiency or needed modification, the application shall no longer be maintained. An application that is no longer maintained shall not be subject to appeal pursuant to Chapter 119. of the Revised Code.

(D) The director may refuse to issue or renew an approval, or may suspend or revoke the approval of an approved training program if the approved training program, training program manager, or any other person with supervisory authority over the training program has:

(1) Misrepresented the contents of a training program to the director or trainees;

(2) Failed to submit required information or notifications in a timely manner;

(3) Falsified accreditation records, instructor qualifications, or any other approval-related information or documentation;

(4) Failed to comply with any requirement of this rule, Chapter 3742. of the Revised Code, or any federal, state, or local statutes or regulations as they pertain to lead-based paint or lead hazards;

(5) Failed to maintain required records; or

(6) Made false or misleading statements to the director in its application for approval or its application for renewal.

(E) Approval to conduct a training program expires three years from the date the director issues approval.

(F) An approved training program or instructor cannot transfer its approval.

(G) The director or authorized representative may perform an on-site audit at any time to document and verify the statements and the contents of an application for approval. The training program manager shall allow the director or authorized representative to audit the training program at any time at no charge to the director or authorized representative.

(H) Any person who is aggrieved by the director's refusal to issue or renew an approval, or to suspend or revoke an approval to conduct a training program pursuant to this rule may request a hearing on the matter in accordance with Chapter 119. of the Revised Code.

Supplemental Information

Authorized By: 3742.45
Amplifies: 3742.41 through 3742.43
Five Year Review Date: 4/1/2024

Rule 3701-81-04 | Qualifications for residential rental unit lead-safe maintenance practices training program managers and instructors.

• Effective: April 1, 2019
• Promulgated Under: 119.03

(A) The applicant shall designate a training program manager who shall be responsible for ensuring that the approved training program complies at all times with this chapter. To be qualified as a training program manager a person shall:

(1) Have demonstrated experience, education or training in the construction industry, such as lead abatement, painting, carpentry, occupational training and health, industrial hygiene, or renovation and remodeling; and

(2) Meet one of the following:

(a) Have at least two years of experience, including five hundred hours of classroom experience, education, or training in teaching adults;

(b) Have obtained a bachelor's or graduate level degree from an accredited college or university in building construction technology, engineering, industrial hygiene, safety, public health, education, business administration, or a related field;

(c) Have two years of experience in managing a training program that specialized in environmental hazards; or

(d) Demonstrate experience, education, or training in the construction industry including: lead abatement, painting, carpentry, renovation, remodeling, occupational safety and health, or industrial hygiene.

(B) A qualified principal instructor shall teach each approved training program. To be qualified as a principal instructor a person shall:

(1) Have successfully completed at least eight hours of any United States environmental protection agency or United States environmental protection agency authorized state or tribal accredited lead-specific training;

(2) Have two years of experience in the construction trade, such as lead abatement, painting, carpentry, renovation, remodeling, occupational safety and health, or industrial hygiene; and

(3) Demonstrated experience, education, or training in teaching workers or adults.

(C) A qualified guest instructor may be used to assist in the presentation of the course. To be qualified, guest instructors shall have demonstrated academic and work expertise in the subject area being taught. Guest instructors may provide instruction specific to the lecture, hands-on activities, or work practice components of a course under the direct supervision of an approved principal instructor.

(D) Documentation to meet the requirements of this rule includes official academic transcripts from an accredited college or university, resumes, applicable license, letters of reference, lead certification in another state, documentation of work experience and certificates from train-the-trainer courses and lead-specific training programs.

Supplemental Information

Authorized By: 3742.45
Amplifies: 3742.41
Five Year Review Date: 4/1/2024

Rule 3701-81-05 | Duties of approved residential rental unit lead-safe maintenance practices training program and training program managers.

• Effective: April 1, 2019
• Promulgated Under: 119.03

(A) An approved training program shall:

(1) Provide for adequate facilities for lecture, course examination, and hands-on training and assessment. This includes providing for training equipment that reflects current work practices, and maintaining or updating the equipment and facilities as needed;

(2) Issue a unique course completion certificate to each trainee who successfully completes the residential rental unit lead-safe maintenance practices course and course examination. The program completion certificate shall include:

(a) A unique certificate number;

(b) The name and address of the trainee;

(c) The name of the course program the trainee completed;

(d) Dates of program attendance and the date the program examination was passed;

(e) The name, address, and telephone number of the training program;

(f) A current, original passport type photograph of the trainee for the purpose of providing proper identification; and

(g) A statement signed by the training program manager certifying the following: "I certify that this training complies with all applicable requirements of Chapter 3742. of the Revised Code and Chapter 3701-81 of the Administrative Code."

(3) Notify the director in writing of:

(a) Any change of the address specified in its training program approval application within thirty days of making the change;

(b) The location where required records will be kept and of any change of the location of the records within thirty days of transferring the records from their original location;

(c) On a form prescribed by the director:

(i) At least ten business days, or three business days if using the online notification system, prior to the commencement of any approved training course, of the date and place where the approved training program will be held; and

(ii) Any change to the training program notification that would render the information on the notification no longer accurate.

(d) The dates the course was held, the name of the course, the name or names of the instructor or instructors, and the name or names and course completion number of the trainees attending each program with an indication of who successfully completed an approved training program during the month by the tenth calendar day of the following month using the online notification system.

(4) Maintain the following records while approved by the director and at least forty-two months after its last day as an approved training program provider:

(a) All records required by rule 3701-81-03 of the Administrative Code;

(b) Results of each trainee's program examinations, and a list of each trainee who successfully completed the program, including the unique certificate number issued to each trainee for that program; and

(c) Any other material not listed in this paragraph that was submitted to the director as part of the application for licensure or renewal.

(B) The training program manager shall ensure that the approved training program complies at all times with this rule. The training program manager shall also:

(1) Develop and implement a quality control plan which shall be used to maintain or improve the quality of the training program. As part of the quality control plan, the training program manager shall:

(a) Submit to the director for approval, at least ten calendar days prior to making the change or revision:

(i) Any proposed periodic revisions of training materials and program examination to reflect innovations in the field;

(ii) Any changes made to the program materials;

(iii) Any changes made to the program curriculum; and

(iv) Any changes of the training program manager, principal instructor, or guest instructors and documentation of qualifications as set forth in rule 3701-81-04 of the Administrative Code pertaining to the new personnel;

(b) Develop procedures for the annual review of instructor competency.

(2) Maintain the validity and integrity of the program examination as required in rule 3701-81-06 of the Administrative Code to ensure that it accurately evaluates the trainee's knowledge and retention of the program topics; and

(3) Designate a principal instructor who is responsible for the organization of the program and oversight of the teaching of all program material. The training program manager shall designate additional instructors as guest instructors for the program or programs the instructors will teach. The training program manager shall also ensure that each appointed instructor complies with the qualifications as outlined in rule 3701-81-04 of the Administrative Code.

Supplemental Information

Authorized By: 3742.45
Amplifies: 3742.08 through 3742.43
Five Year Review Date: 4/1/2024

Rule 3701-81-06 | Residential rental unit lead-safe maintenance practices training program requirements.

• Effective: April 1, 2019
• Promulgated Under: 119.03

(A) An approved training program shall teach the work practice standards for conducting residential rental unit lead-safe maintenance practices as set forth in Chapter 3742. of the Revised Code and rule 3701-81-02 of the Administrative Code. The training program shall be taught to provide the trainees with the knowledge needed to perform residential rental unit lead-safe maintenance practices. The hands-on training shall be conducted in such a manner that students gain practical experience in conducting residential rental unit lead-safe maintenance practices. An approved training program shall meet at least the following:

(1) The residential rental unit lead-safe maintenance practices program shall consist of at least eight training hours. Two hours of the eight training hours shall be designated as hands-on training;

(2) The instructor-to-student ratio for each program shall not exceed 1:25;

(3) For each program it offers, the training program shall conduct a program examination at the completion of the program;

(a) The program examination shall be developed in accordance with the program examination requirements of paragraph (A)(3)(b) of this rule. The program examination for residential rental unit lead-safe maintenance practices program shall each have a minimum of twenty-five multiple choice questions. The passing score for the program examination shall be seventy-two per cent;

(b) The proportion of examination questions devoted to each major program topic for the residential rental unit lead-safe maintenance practices program shall be: twenty per cent on role and responsibilities, health effects, federal and state regulations; eight per cent on visual examination; eight per cent on recordkeeping; forty per cent on worksite preparation and safe work practices; and twenty-four per cent on job site cleaning, waste disposal, cleaning verification and clearance examinations;

(c) If a trainee does not pass the examination, that individual may repeat the examination up to three times. After three failed attempts the training program must be repeated prior to retaking the examination;

(d) The training program shall provide written proof of the successful completion of the program to each candidate within one week of grading the program examination; and

(e) Each program examination shall be administered in a manner that ensures the following:

(i) No contents are revealed to any student prior to the examination;

(ii) The security of any written examination materials is ensured;

(iii) All students who pass the examination do so on their own merits;

(iv) No written material other than the examination materials can be viewed by any student during the examination; and

(v) A proctor is present for the duration of the examination.

(B) A residential rental unit lead-safe maintenance training program shall include instruction on the following:

(1) The role and responsibilities of persons performing residential rental unit lead-safe maintenance;

(2) Health effects on the human body including how lead enters and affects the body, symptoms of lead in the body and diagnosis, level of concern, and treatment;

(3) Recognizing, controlling deteriorated paint and presumed lead hazards;

(4) Interior and exterior containment and cleanup methods;

(5) Specialized cleaning methods used to control potentially lead-contaminated surfaces;

(6) Resident notification and occupant protection measures;

(7) Personal hygiene practices and personal protective clothing;

(8) Safe handling and disposal of waste;

(9) Removal or cleaning of potentially lead-contaminated carpet;

(10) Establishing an ongoing maintenance and monitoring program and record preparation;

(11) Methods to ensure that the renovation has been properly completed, including cleaning verification and clearance testing;

(12) Federal, state, and local regulations, guidance that pertains to lead-based paint and renovation activities; and

(13) Hands-on training and experience on the following:

(a) Site preparation/using the planning tool;

(b) Procedures for using acceptable test kits to determine whether paint is lead-based paint;

(c) Lead-safe work practices and renovation methods to minimize the creation of dust and lead-based paint hazards; and

(d) Clean-up and decontamination. Methods to ensure that the renovation has been properly completed, including cleaning verification and clearance testing.

Supplemental Information

Authorized By: 3742.45
Amplifies: 3742.41 through 3742.43
Five Year Review Date: 4/1/2024