Ohio Rev. Code § 3742 § 3742.38

Owner or manager to cooperate and choose method of control.

In Force
Verified 10/26/2026 · Next check 11/2/2026
effective 5/18/2005OhioLead-Based Paint

Operative Text

Ohio Rev. Code § 3742 § 3742.38
The owner and manager of a residential unit, child care facility, or school that is subject to a lead hazard control order issued under section 3742.37 of the Revised Code shall cooperate with the director of health or board of health that issued the order in controlling each lead hazard specified in the order. The owner or manager shall choose a method of controlling each lead hazard that enables the residential unit, child care facility, or school to pass a clearance examination. The method chosen may be the owner or manager's personal preference, a proposal made by a person under contract with the owner or manager, or a recommendation that the director or board may provide. The owner or manager shall inform the director or board of the method that the owner or manager chooses to control each lead hazard.
Source: Legislative text reproduced verbatim
Plain English

Ohio Rev. Code § 3742.38 establishes that when a lead hazard control order has been issued for a residential unit, child care facility, or school under § 3742.37, the property owner or manager must work with the issuing health authority to address every lead hazard identified in the order. The owner or manager has discretion in selecting the specific remediation method—whether based on personal preference, a contractor's proposal, or a recommendation from the health director or board—as long as the chosen approach allows the property to pass a clearance examination. The selected method must be communicated to the issuing director or board of health.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 9, 2026

Plain English — not legal advice.

For Property Managers

Under Ohio Rev. Code § 3742.38, property owners and managers subject to a lead hazard control order are expected to actively cooperate with the director or board of health that issued the order rather than waiting passively. Compliant operators typically select a remediation method—whether self-directed, contractor-driven, or agency-recommended—that is capable of achieving a passing clearance examination, and they promptly notify the relevant health authority of that choice. Keeping clear documentation of the chosen method, the notification provided to the health authority, and the clearance examination results is a common practice among operators managing compliance under this section.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Ohio Rev. Code § 3742.38 gives tenants context for understanding what obligations a property owner or manager carries once a lead hazard control order has been issued for their residential unit: the owner or manager must cooperate with the health authority, select a remediation method that can pass a clearance examination, and inform the health authority of that choice. If a tenant believes an owner or manager is not fulfilling these obligations, they may consider contacting the local board of health or the Ohio Department of Health to inquire about the status of any outstanding lead hazard control order. Tenant-rights organizations and legal aid services can also help residents understand what protections and enforcement options may be available under § 3742.38 and related provisions.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
May 18, 2005
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References Out

Rules and statutes cited by this regulation

Ohio Rev. Code § 3742.37
Not yet ingested

References In

No inbound references recorded yet for this provision.

Related Rules

§ 127H
Repealed, 1992, 407, Sec. 9
§ 127M
Repealed, 1975, 615
§ 190
Program for the prevention, screening, diagnosis and treatment of lead poisoning; lead poisoning control director; advisory committee

Source Information

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