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)