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Cleveland, OH Code of Ordinances
CITY OF CLEVELAND, OHIO CODE OF ORDINANCES
CHARTER OF THE CITY OF CLEVELAND
PART ONE: ADMINISTRATIVE CODE
PART TWO: HEALTH CODE
TITLE I: NUISANCES AND GENERAL PROVISIONS
TITLE III: FOOD AND FOOD PRODUCTS
TITLE V: AIR POLLUTION CONTROL
PART THREE: LAND USE CODE
PART FOUR: TRAFFIC CODE
PART FIVE: MUNICIPAL UTILITIES AND SERVICES CODE
PART SIX: OFFENSES AND BUSINESS ACTIVITIES CODE
TITLE VIIA: CLEVELAND NEIGHBORHOOD FORM-BASED CODE
CHAPTER 240 – LEAD HAZARDS
240.01   Definitions
240.02   Lead Hazards Are A Nuisance
240.03   Prohibitions
240.04   Secondary Prevention
240.05   Lead Abatement and Lead Hazard Control
240.06   Disclosures in Sale or Lease of Target Housing Regarding Lead Hazards
240.07   Residential Property Renovation; Paint Outlet Information Rule
240.08   Notice Requirements
240.09   Enforcement
240.99   Penalties
§ 240.01 Definitions
   As used in this chapter:
   (a)   "Clearance examination" means an examination, performed by a clearance technician, lead inspector, or lead risk assessor, to determine whether lead hazards in a residential unit, child day-care facility, or school have been sufficiently controlled. A clearance examination includes a visual assessment, collection and analysis of environmental samples.
   (b)   "Clearance technician" means a person, other than a licensed lead inspector or lead risk assessor, who is licensed under RC Chapter 3742 to perform a clearance examination.
   (c)   "Commissioner" means the Commissioner of the Division of the Environment of the Department of Public Health unless otherwise specified.
   (d)   "Department" means the Department of Public Health unless otherwise specified.
   (e)   "Interim controls" means a set of measures designed to temporarily reduce human exposure or likely exposure to lead-based paint hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing lead hazard maintenance activities, and the establishment and operation of management and resident education programs.
   (f)   "Landlord" has the same meaning as in division (b) of Section 375.01.
   (g)   "Lead Abatement" means a measure or a set of measures, designed for the single purpose of permanently eliminating lead hazards. "Lead abatement" includes all of the following:
      (1)   Removal of lead-based paint and lead- contaminated dust;
      (2)   Permanent enclosure or encapsulation of lead-based paint;
      (3)   Replacement of surfaces or fixtures painted with lead-based paint;
      (4)   Removal or permanent covering of lead- contaminated soil;
      (5)   Preparation, cleanup, and disposal activities associated with lead abatement.
   "Lead abatement" does not include any of the following:
      (1)   Residential rental unit lead-safe maintenance practices performed pursuant to RC 3742.41 and 3742.42;
      (2)   Implementation of interim controls;
      (3)   Activities performed by a property owner on a residential unit to which both of the following apply:
         A.   It is a freestanding single-family home used as the property owner's private residence;
         B.   No child under six (6) years of age who has lead poisoning resides in the unit.
      (4)   Renovation, remodeling, landscaping or other activities, when the activities are not designed to permanently eliminate lead-based paint hazards, but, instead, are designed to repair, restore, or remodel a given structure or dwelling, even though these activities may incidentally result in a reduction or elimination of lead-based paint hazards. Abatement does not include operations and maintenance activities or other measures and activities designed to temporarily, but not permanently, reduce lead-based paint hazards. This definition shall not be interpreted to exempt any person from any requirement under State or federal law regarding lead abatement, including lead hazard control orders or requirements for full abatement of lead-based paint in certain federally-funded projects.
   (h)   "Lead-based paint" means any paint or other similar surface-coating substance containing lead at or in excess of the level that is hazardous to human health as set forth in Rule 3701-32-19 of the Ohio Administrative Code (OAC) as it may be hereafter amended.
   (i)   "Lead hazard" means material that is likely to cause lead exposure and endanger an individual's health as set forth in OAC Rule 3701-32-19. Lead hazard includes lead-based paint, lead-contaminated dust, lead-contaminated soil and lead-contaminated water pipes.
   (j)   "Lead hazard control" means measures taken to reduce or eliminate a lead hazard, which includes, but is not limited to, lead abatement, interim controls, or both, as appropriate.
   (k)   "Permanent" means an expected design life of at least twenty (20) years.
   (l)   "Rental agreement" has the same meaning described in division (c) of Section 375.01 of the Codified Ordinances.
   (m)   "Target housing" means any housing constructed prior to 1978, except housing for the elderly or persons with disabilities (unless any one or more children age six (6) years or under resides or is expected to reside in such housing) or any zero (0) bedroom dwelling.
   (n)   "Tenant" has the meaning described in division (e) of Section 375.01 of the Codified Ordinances.
   (o)   "Zero (0) bedroom dwelling" means any residential dwelling in which the living areas are not separated from the sleeping area. The term includes efficiencies, studio apartments, dormitory or single room occupancy housing, military barracks, and rentals of individual rooms in residential dwellings.
(Ord. No. 747-2019. Passed 7-24-19, eff. 7-26-19)
§ 240.02 Lead Hazards Are A Nuisance
   (a)   This Council finds that lead hazards constitute a nuisance.
   (b)   The Commissioner may determine that a nuisance is required to be immediately controlled under this section if, in the Commissioner’s opinion, failure to immediately control the hazard may cause a serious risk to the health of the occupants of the property. In such a case, the Commissioner may require the owner or manager of the property to immediately control the nuisance or the Commissioner may, by his or her authorized representative, immediately control such nuisance.
(Ord. No. 1027-04. Passed 8-11-04, eff. 8-17-04)
§ 240.03 Prohibitions
   (a)   No person shall do any of the following:
      (1)   Violate any provision of RC Chapter 3742, as may be applicable, or the rules adopted pursuant to it;
      (2)   Apply or cause to be applied any lead-based paint on or inside a residential unit, child day-care facility, or school, unless the Ohio director of health has determined by rule under RC 3742.45 that no suitable substitute exists;
      (3)   Interfere with an investigation conducted in accordance with this chapter or RC 3742.35 or by the Commissioner or the Commissioner's designee, any lead inspector or risk assessor.
   (b)   No person shall knowingly authorize or employ an individual to perform lead abatement on a residential unit, child day-care facility, or school unless the individual who will perform the lead abatement holds a valid license issued under RC 3742.05.
   (c)   No person shall do any of the following when a residential unit, child day-care facility, or school is involved:
      (1)   Perform a lead inspection without a valid lead inspector license issued under RC 3742.05;
      (2)   Perform a lead risk assessment or provide professional advice regarding lead abatement without a valid lead risk assessor license issued under RC 3742.05;
      (3)   Act as a lead abatement contractor without a valid lead abatement contractor's license issued under RC 3742.05;
      (4)   Act as a lead abatement project designer without a valid lead abatement project designer license issued under RC 3742.05;
      (5)   Perform lead abatement without a valid lead abatement worker license issued under RC 3742.05;
      (6)   Perform a clearance examination without a valid clearance technician license issued under RC 3742.05, unless the person holds a valid lead inspector license or valid lead risk assessor license issued under that section;
      (7)   Perform lead training for the licensing purposes of RC Chapter 3742 without a valid approval from the director of health under RC 3742.08.
      (8)   Perform interim controls without complying with 24 C.F.R. Part 35.
      (9)   Perform lead-safe maintenance practices without complying with RC 3742.41 and 3742.42.
   (d)   No person shall manufacture, sell or hold for sale toys and other articles intended for use by children as defined in 16 C.F.R. 1303.2, or furniture as defined in 16 C.F.R. 1303.2, that bears paint containing lead in excess of 0.009 percent by weight of the total nonvolatile content of the paint or the weight of the dried paint film.
   (e)   No person shall sell or lease target housing in the City unless the owner, lessor, or agent of the target housing meets all applicable requirements of Section 240.06 regarding disclosures of lead hazards.
   (f)   No person renovating target housing in the City shall fail to comply with Section 240.07.
   (g)   No owner or manager of a retail or wholesale outlet of paint and paint-removal products shall violate division (b) of Section 240.07 by failing to provide an EPA-approved lead hazard information pamphlet.
   (h)   All power-assisted methods of lead-based paint removal are hereby prohibited, unless the standards and methods set forth in OAC Chapters 3701-30 or 3701-32, as applicable, are followed. Open flame burning is prohibited under any circumstances.
(Ord. No. 747-2019. Passed 7-24-19, eff. 7-26-19)
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