(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)