Ohio Rev. Code § 3742 § 3742.40
Prohibiting use of unit, facility, or school.
Operative Text
If the owner and manager of a residential unit, child care facility, or school fails or refuses for any reason to comply with a lead hazard control order issued under section 3742.37 of the Revised Code, the director of health or board of health that issued the order shall issue an order prohibiting the owner and manager from permitting the unit, facility, or school to be used for any purpose until the unit, facility, or school passes a clearance examination. On receipt of the order, the owner or manager shall take appropriate measures to notify each occupant, in the case of a residential unit, and the parent, guardian, or custodian of each child attending the facility or school, in the case of a child care facility or school, to vacate the unit, facility, or school until the unit, facility, or school passes a clearance examination. The director or board shall post a sign at the unit, facility, or school that warns the public that the unit, facility, or school has a lead hazard. The sign shall include a declaration that the unit, facility, or school is unsafe for human occupation, especially for children under six years of age and pregnant women. The director or board shall ensure that the sign remains posted at the unit, facility, or school and that the unit, facility, or school is not used until the unit, facility, or school passes a clearance examination.
Ohio Rev. Code § 3742.40 establishes what happens when an owner or manager of a residential unit, child care facility, or school fails to comply with a lead hazard control order: the issuing health authority must issue a prohibition order barring any use of the property until it passes a clearance examination. The health director or board of health is also required to post a public warning sign at the property declaring it unsafe for human occupation, with particular emphasis on children under six and pregnant women. The prohibition and posted sign remain in effect until the property successfully clears a lead hazard clearance examination.
Plain English — not legal advice.
Under Ohio Rev. Code § 3742.40, an owner or manager who does not comply with a lead hazard control order faces a use-prohibition order that effectively shuts down the property entirely. Compliant operators generally respond promptly to any lead hazard control order issued under § 3742.37 to avoid triggering this escalation, and they maintain documentation of remediation efforts and clearance examination results. When a prohibition order is received, owners and managers are required to notify all occupants—or, for child care facilities and schools, the parents, guardians, or custodians of attending children—to vacate until the property passes a clearance examination.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ohio Rev. Code § 3742.40 gives tenants important protections: if a landlord fails to comply with a lead hazard control order, the health authority can order the property closed and must post a public warning sign declaring it unsafe, particularly for young children and pregnant women. Tenants who receive a vacate notification under this provision may wish to document all communications from the owner or manager and contact their local board of health to understand the status of any clearance examination. Tenant-rights organizations and legal aid services can help occupants understand how a landlord's failure to comply with § 3742.40 may affect lease obligations, relocation rights, or other remedies available under Ohio law.
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.
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