1755.02 DEFINITIONS.

   As used in this chapter:

   (a)   "Agent" means the individual designated by the owner as the person authorized by the owner to perform any duty imposed upon the owner by the terms of this chapter.

   (b)   "Bare Soil Condition" means bare or exposed soil within the "Dripline."

   (c)   "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 have been sufficiently controlled. A clearance examination includes a visual assessment, collection and analysis of environmental samples.

   (d)   "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.

   (e)   "Commissioner" means the Health Commissioner of the Youngstown City Health District.

   (f)   "Deteriorated Paint Condition" means any interior or exterior paint or other coating that, through a visual assessment, is found to be peeling, chipping, crazing, flaking, abrading, 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 a chewable surface that contains visual signs of chewing.

   (g)   "Dripline" means the area within three (3) feet surrounding the perimeter of a building.

   (h)   "Dwelling Unit," for purposes of this Chapter, means:

      (1)    Any residential unit constructed as a single family home and built prior to 1978,

      (2)    Any residential unit constructed as a duplex and built prior to 1978, and

      (3)    Any residential unit, or other unit modified to be a residential unit consisting of between one and four residential units built prior to 1978 including all of the following:

         A.   The interior surfaces and all common areas of the dwelling unit;

      B.   Every attached or unattached structure located within the same lot line as the dwelling unit and associated with the operation of the dwelling unit, including garages, play equipment, and fences; and

         C.   The lot or land that the dwelling unit occupies.

   (i)   "Family Child Care Home," for purposes of this Chapter, means a type A Home or a type B Home as defined by Ohio Revised Code section 5104.01.

   (j)   "Health District" means the Youngstown City Health District.

   (k)   "Immediate Family," for purposes of this Chapter, includes father, mother, brother, sister, spouse, child, mother-in-law, father-in-law, daughter-in-law, son-in-law, stepmother, stepfather, grandmother, grandfather and grandchild.

   (l)   "Interim Controls," for purposes of this Chapter, means a set of measures designed to temporarily reduce human exposure or likely exposure to the "Maintenance Conditions" identified in Section III (a). These measures include specialized cleaning, repairs, maintenance, painting, temporary containment, and ongoing monitoring of "Maintenance Conditions" or potential "Maintenance Conditions."

   (m)   "Lead Abatement," for purposes of this Chapter, has the same meaning as it does in Ohio Revised Code section 3742.01: "A measure or 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."

   (n)   "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) or as it may be hereafter amended.

   (o)   “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.

   (p)    "Lead inspector" means any individual licensed under Ohio Revised Code Chapter 3742 who conducts a lead inspection, provides professional advice regarding a lead inspection, or prepares a report explaining the results of a lead inspection.

   (q)   "Lead risk assessment" means an on-site investigation to determine and report the existence, nature, severity, and location of lead hazards in a residential unit including information gathering from the unit, current owner's knowledge regarding the age and painting history of the unit, and occupancy by children under six (6) years of age, visual inspection, limited wipe sampling or other environmental sampling techniques, and any other activity as may be appropriate.

   (r)   "Lead risk assessor" means a person licensed under Ohio Revised Code Chapter 3742 who is responsible for developing a written inspection, risk assessment and analysis plan; conducting inspections for lead hazards in a residential unit; interpreting results of inspections or risk assessments; identifying hazard control strategies to reduce or eliminate lead exposures; and completing a risk assessment report.

   (s)   "Lead Dust Condition" means surface dust (visible or invisible) that contains a mass-per-area concentration of lead equal to or exceeding current US EPA Hazard Standards and Clearance Levels based on wipe samples.

   (t)   "Lead-Safe Certificate" is a certificate issued by the Youngstown City Health District that indicates that a Residential Rental Property or a Family Child Care Home has been certified as lead-safe pursuant to this Chapter.

   (u)   "Lead-Safe Report" means a written report from a "Local Lead Inspector," as defined by this Chapter, verifying that the "Owner" has sufficiently controlled "Maintenance Conditions." The "Lead-Safe Report" shall be written and shall contain the following:

      (1)    The address of the "Residential Rental Property" or "Family Child Care Home;"

      (2)    Name, address, and telephone number of the "Owner" and "Agent" of the "Residential Rental Property" or "Family Child Care Home;"

      (3)    A statement verifying that the "Owner" has sufficiently controlled "Maintenance Conditions;"

      (4)    A completed Visual Clearance Form;

      (5)    A Clearance Examination Report;   

      (6)    A floor plan with indicated sample locations;

      (7)    A Clearance Dust Sampling Form with lab results attached;

      (8)    The name, address, license number, and signature of the "Local Lead Inspector," performing the "Local Lead Inspection" and the date that the inspection was performed.

   (v)   "Local Lead Inspection" means an inspection that includes a visual assessment of a "Residential Rental Property" or "Family Child Care Home," followed by the collection of environmental samples to determine the presences of "Maintenance Conditions," as detailed in the City of Youngstown Codified Ordinances.

   (w)   "Local Lead Inspector" means:

      (1)    An individual, licensed by the Ohio Department of Health as a lead risk assessor, lead inspector, clearance technician or

      (2)    An individual who meets the licensing standards established by the Youngstown City Health District, subject to approval by the Ohio Department of Health. A "Local Lead Inspector" may not inspect a property they own, a property owned by a relative, a property in which they have a financial interest, or where they receive or have received payments for providing services to the property owner--exclusive of an initial consultation related to a "Local Lead Inspection."

   (x)    "Maintenance Conditions" means the existence of any of the following: a "Deteriorated Paint Condition," a "Lead Dust Condition" or a "Bare Soil Condition," which are presumed lead hazards.

   (y)    "Occupant" means a person who inhabits a "Dwelling Unit."

   (z)    "Owner" means any legal entity or person who has legal title to the "Residential Rental Property" as shown on the records of the Mahoning County Auditor.

   (aa)    "Permanent" means an expected design life of at least twenty (20) years.

   (bb)    "Quality Maintenance Practices" for purposes of this Chapter must adhere to the US EPA Lead Renovation, Repair and Painting Program (RRP) Rules codified at 40 CFR 745, subpart E or as it may be hereafter amended.

   (cc)    "Residential Rental Property" means a "Dwelling Unit," as defined by this Chapter, or any part of a "Dwelling Unit" being used or occupied, or intended to be used or occupied, as a private residence, including attached structures such as porches or stoops, occupied by any person or persons other than the "Owner" and/or members of the owner's "Immediate Family" regardless of whether or not the Owner" occupies another portion of the structure.

   (dd)    "Superintendent" means the Superintendent of Code Enforcement and Blight Remediation. (Ord. 23-293. Passed 7-31-23.)