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Councilman Sykes
Title
Amending Sections 135.02 and 135.03 of the Toledo Municipal Code, Creating a Division of Rental Registry and Lead Safety; and amending Chapter 1760 of the Toledo Municipal Code, Registration of Lead Safe Residential Rental Units, and enacting a new Ch. 1760, Registration of Residential Rental Properties and Lead Safety.
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SUMMARY & BACKGROUND:
Toledo City Council is desirous of moving forward with an ordinance repealing the current chapter of the Toledo Municipal Code, Ch. 1760, Registration of Lead Safe Residential Rental Units, and enacting a new Ch. 1760, Registration of Residential Rental Properties and Lead Safety, which includes amendments needed to address the current Injunction.
Summary
NOW, THEREFORE, Be it ordained by the Council of the City of Toledo:
SECTION 1. That Toledo Municipal Code 135.02, “Appointment of Director and Commissioner,” which reads as follows:
135.02. Appointment of Director and Commissioner.
(a) The Director of the Department of Neighborhoods shall be appointed by the Mayor in the manner provided by the Charter and shall serve at the pleasure of the Mayor.
(b) The Director shall be accountable to the Mayor and is responsible for the effective administration of the various divisions, sections, offices and programs within the Department.
(c) A Commissioner of Code Enforcement shall be appointed by the Mayor in the manner provided by the Charter and shall serve at the pleasure of the Mayor.
is hereby repealed; and
SECTION 2. That a new Toledo Municipal Code 135.02, “Appointment of Director and Commissioners,” which reads as follows:
135.02. Appointment of Director and Commissioners.
(a) The Director of the Department of Neighborhoods shall be appointed by the Mayor in the manner provided by the Charter and shall serve at the pleasure of the Mayor.
(b) The Director shall be accountable to the Mayor and is responsible for the effective administration of the various divisions, sections, offices and programs within the Department.
(c) A Commissioner of Code Enforcement shall be appointed by the Mayor in the manner provided by the Charter and shall serve at the pleasure of the Mayor.
(d) A Commissioner of Rental Registry and Lead Safety shall be appointed by the Mayor in the manner provided by the Charter and shall serve at the pleasure of the Mayor.
is hereby enacted; and
SECTION 3. That Toledo Municipal Code 135.03, “Divisions, sections offices and programs within Department,” which reads as follows:
135.03 Divisions, sections, offices, and programs within Department.
(a) Division of Housing.
(1) Rehabilitation and Development Section.
(2) Environmental / Historical Review Section.
(b) Division of Administrative Services.
(1) Grants / Administration Section.
(2) Program Monitoring Section.
(c) The Division of Code Enforcement.
(1) Beautification Action Team.
Is hereby repealed; and
SECTION 4. That Toledo Municipal Code 135.03, “Divisions, sections offices and programs within Department,” which reads as follows:
135.03 Divisions, sections, offices, and programs within Department.
(a) Division of Housing.
(1) Rehabilitation and Development Section.
(2) Environmental / Historical Review Section.
(b) Division of Administrative Services.
(1) Grants / Administration Section.
(2) Program Monitoring Section.
(c) The Division of Code Enforcement.
(1) Beautification Action Team.
(d) Division of Rental Registry and Lead Safety.
is hereby enacted; and
SECTION 5. That Toledo Municipal Code Chapter 1760 Registration of Lead Safe Residential Rental Units which reads as follows:
1760.01 Policy and intent.
It is the policy of the City of Toledo to help prevent the poisoning of its residents by requiring that the presence of deteriorated paint, bare soil and lead dust on the interior and exterior of pre-1978 residential structures be identified and correctly addressed in accordance with federal, state, and local laws, regulations and guidelines in order to prevent potential human exposure to lead hazards. An analysis of the risk assessments conducted in Toledo by the Health Department indicates that the majority of lead poisoning of children occurs in rental properties that are either single-family homes or four (4) units or less. All fees and fines generated under this Chapter shall be transferred to the Health Department to be used for the administration, implementation, and enforcement of this Chapter.
(Ord. 167-17. Passed 4-18-17.)
1760.02 Obligations for residential rental properties and family child care homes.
(a) It is a violation of this Chapter to allow the following conditions - to exist in a "Residential Rental Property or a Family child Care Home": (1) "Deteriorated Paint Condition," (2) "Lead Dust Condition," or a (3) "Bare Soil Condition," as defined in section 1760.04. Every Owner of Residential Rental Property shall maintain such property free from these conditions. Once identified, the condition is to be remedied in accordance with the requirements of this Chapter. Termination of occupancy of any such Residential Rental Property shall not constitute compliance with the requirements of this Section.
(b) No Owner, Agent, real estate agent or broker, company, or any person or persons shall rent, lease, sublease, let, or otherwise allow the occupancy of any Residential Rental Property, or provide child care services in a Family Child Care Home, as defined in this Chapter, constructed prior to 1978 and which is subject to this Chapter, whether such use, or occupancy is temporary or permanent, unless a "Lead-Safe Certificate" has been issued for such Property.
(c) If a Residential Rental Property or a Family Child Care Home has been issued a "Residential Rental Property or Family Child Care Home Maintenance Conditions Report," a "Residential Rental Property or Family Child Care Home Owner's Annual Verification" shall be filed with the Health Department annually, commencing one year from the date of issuance of "Lead-Safe Certificate" for the next three (3) years.
(d) All provisions of this Chapter shall apply to Family Child Care Homes, as defined in this Chapter.
(Ord. 167-17. Passed 4-18-17.)
1760.03 Obtaining a lead-safe certificate.
(a) The Commissioner of the Health Department shall issue a "Lead-Safe Certificate" upon the filing of all of the following with the Health Department:
(1) A completed application for a "Lead-Safe Certificate," to include the name, address, and telephone number of the Owner or the Owner's Agent of the Residential Rental Property or Family Child Care Home and the number of rental units at the address.
(2) A "Lead-Safe Report" issued by a "Local Lead Inspector," as defined in 1760.04, who has completed a "Local Lead Inspection" in compliance with the requirements of this Chapter, which "Lead-Safe Report" shall have been made and issued within six months of the Owner's application. In lieu of a "Lead-Safe Report" an application may contain the certification described in section 1760.05(b); and
(3) A filing fee of forty-five dollars ($45.00).
(b) The "Lead-Safe Certificate" shall expire from the date of issuance by the Commissioner as follows:
(1) three (3) years from the date of issuance for any property that fails the initial visual inspection or dust wipe test; or
(2) six (6) years from the date of issuance for any property that passes the initial visual and dust wipe inspection;
(3) twenty (20) years from the date of issuance by the Commissioner if either the Residential Rental Property or Family Child Care Home has undergone Lead Abatement, designed for the single purpose of permanently eliminating lead hazards consistent with the provisions of Ohio law, or has been determined not to contain lead-based paint pursuant to section 1760.05(b) and a tested composite sample of soil from within the Dripline contains less than four hundred micrograms per gram of lead.
(c) Upon the sale, purchase, or transfer of ownership of Residential Rental Property or Family Child Care Home constructed prior to 1978 and which is subject to this Chapter, the Commissioner of the Health Department shall issue an updated "Lead-Safe Certificate" in the name of the new Owner, upon application. The updated "Lead-Safe Certificate" shall expire on the same date as indicated in the original Certificate.
(d) A new application for a "Lead-Safe Certificate" shall be made at least thirty (30) days prior to the expiration date of the current Certificate. An application seeking renewal of a 6 year registration may be submitted for renewal after the fourth year of the 6 year registration period. An application seeking renewal of a 3 year registration may be submitted for renewal after the second year of the 3 year registration period. The application shall include the filing of a new "Lead-Safe Report" and filing fee.
(Ord. 167-17. Passed 4-18-17.)
1760.04 Definitions.
(a) As used in this Chapter the following definitions apply:
(1) "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.
(2) "Bare Soil Condition" means bare or exposed soil within the "Dripline."
(3) "Commissioner" means the Health Commissioner of the Toledo-Lucas County Health District.
(4) "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.
(5) "Dripline" means the area within 3 feet surrounding the perimeter of a building.
(6) "Dwelling Unit", as defined in this Chapter, means (1) any residential unit constructed as a single family home and built prior to 1978, and (2) any residential unit constructed as a duplex and built prior to 1978, (3) any residential unit, or other unit modified to be a residential unit consisting of between one and four residential units 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, that the owner or manager considers to be 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.
(7) "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.
(8) "Health Department" means the Toledo-Lucas County Health District.
(9) "Immediate Family" for the purpose 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.
(10) "Interim Controls" for purposes of this Chapter, means a set of measures designed to reduce temporarily human exposure or likely exposure to the Maintenance Conditions identified in section 1760.02(a). These measures include specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of Maintenance Conditions or potential Maintenance Conditions. Interim Controls include the following:
(a) Paint Stabilization
(1) Interim control treatments of intact, factory applied prime coatings on metal surfaces are not required. Finish coatings on such surfaces shall be treated by interim controls if those coatings contain lead-based paint.
(2) Any physical defect in the substrate of a painted surface or component that is causing deterioration of the surface or component shall be repaired before treating the surface or component. Examples of defective substrate conditions include dry-rot, rust, moisture-related defects, crumbling plaster, and missing siding or other components that are not securely fastened.
(3) Before applying new paint, all loose paint and other loose material shall be removed from the surface to be treated. Acceptable methods for preparing the surface to be treated include wet scraping, wet sanding, and power sanding performed in conjunction with a HEPA filtered local exhaust attachment operated according to the manufacturer's instructions.
(4) Dry sanding or dry scraping is permitted only in accordance with 24 CFR 35.140(e) (i.e., for electrical safety reasons or for specified minor amounts of work).
(5) Paint stabilization shall include the application of a new protective coating or paint. The surface substrate shall be dry and protected from future moisture damage before applying a new protective coating or paint. All protective coatings and paints shall be applied in accordance with the manufacturer's recommendations.
(6) Paint stabilization shall incorporate the use of Quality Maintenance Practices.
(b) Friction and impact surfaces.
(1) Friction surfaces are required to be treated only if:
(i) Lead dust levels on the nearest horizontal surface underneath the friction surface (e.g., the window sill, window trough, or floor) are equal to or greater than the standards specified in 24 CFR 35.1320(b);
(ii) There is evidence that the paint surface is subject to abrasion; and
(iii) Lead-based paint is known or presumed to be present on the friction surface.
(2) Impact surfaces are required to be treated only if:
(i) Paint on an impact surface is damaged or otherwise deteriorated;
(ii) The damaged paint is caused by impact from a related building component (such as a door knob that knocks into a wall, or a door that knocks against its door frame); and
(iii) Lead-based paint is known or presumed to be present on the impact surface.
(3) Examples of building components that may contain friction or impact surfaces include the following:
(i) Window systems;
(ii) Doors;
(iii) Stair treads and risers;
(iv) Baseboards;
(v) Drawers and cabinets; and
(vi) Porches, decks, interior floors, and any other painted surfaces that are abraded, rubbed, or impacted.
(4) Interim control treatments for friction surfaces shall eliminate friction points or treat the friction surface so that paint is not subject to abrasion. Examples of acceptable treatments include rehanging and/or planing doors so that the door does not rub against the door frame, and installing window channel guides that reduce or eliminate abrasion of painted surfaces. Paint on stair treads and floors shall be protected with a durable cover or coating that will prevent abrasion of the painted surfaces. Examples of acceptable materials include carpeting, tile, and sheet flooring.
(5) Interim control treatments for impact surfaces shall protect the paint from impact. Examples of acceptable treatments include treatments that eliminate impact with the paint surface, such as a door stop to prevent a door from striking a wall or baseboard.
(6) Interim control for impact or friction surfaces does not include covering such a surface with a coating or other treatment, such as painting over the surface that does not protect lead-based paint from impact or abrasion.
(c) Chewable surfaces.
(1) Chewable surfaces are required to be treated only if there is evidence that a child of less than 6 years of age has chewed on the painted surface, and lead-based paint is known or presumed to be present on the surface.
(2) Interim control treatments for chewable surfaces shall make the lead-based paint inaccessible for chewing by children of less than 6 years of age. Examples include enclosures or coatings that cannot be penetrated by the teeth of such children.
(d) Dust control.
(1) Dust control shall involve a thorough cleaning of all horizontal surfaces, such as interior window sills, window troughs, floors, and stairs, but excluding ceilings. All horizontal surfaces, such as floors, stairs, window sills and window troughs, that are rough, pitted, or porous shall be covered with a smooth, cleanable covering or coating, such as metal coil stock, plastic, polyurethane, or linoleum.
(2) Surfaces covered by a rug or carpeting shall be cleaned as follows:
(i) The floor surface under a rug or carpeting shall be cleaned where feasible, including upon removal of the rug or carpeting, with a HEPA vacuum or other method of equivalent efficacy.
(ii) An unattached rug or an attached carpet that is to be removed, and padding associated with such rug or carpet, located in an area of the dwelling unit with dust-lead hazards on the floor, shall be thoroughly vacuumed with a HEPA vacuum or other method of equivalent efficacy. Protective measures shall be used to prevent the spread of dust during removal of a rug, carpet or padding from the dwelling. For example, it shall be misted to reduce dust generation during removal. The item(s) being removed shall be wrapped or otherwise sealed before removal from the worksite.
(iii) An attached carpet located in an area of the dwelling unit with dust-lead hazards on the floor shall be thoroughly vacuumed with a HEPA vacuum or other method of equivalent efficacy if it is not to be removed.
(e) Bare Soil Condition
(1) Acceptable interim control methods for soil lead are impermanent surface coverings and land use controls.
(i) Impermanent surface coverings may be used to treat lead-contaminated soil if applied in accordance with the following requirements. Examples of acceptable impermanent coverings include gravel, bark, sod, and artificial turf.
(a) Impermanent surface coverings selected shall be designed to withstand the reasonably-expected traffic. For example, if the area to be treated is heavily traveled, neither grass nor sod shall be used.
(b) When loose impermanent surface coverings such as bark or gravel are used, they shall be applied in a thickness not less than six inches deep.
(c) The impermanent surface covering material shall not contain more than 200 µg/g of lead.
(d) Adequate controls to prevent erosion shall be used in conjunction with impermanent surface coverings.
(ii) Land use controls may be used to reduce exposure to soil-lead hazards only if they effectively control access to areas with soil-lead hazards. Examples of land use controls include: fencing, warning signs, and landscaping.
(a) Land use controls shall be implemented only if residents have reasonable alternatives to using the area to be controlled.
(b) If land use controls are used for a soil area that is subject to erosion, measures shall be taken to contain the soil and control dispersion of lead.
(11) "Lead Abatement," for purposes of this Chapter has the same meaning as it does in Ohio Revised Code section 3742.01.
(12) "Lead Dust Condition" means surface dust (visible or invisible) in a residential dwelling or child-occupied facility that contains a mass-per-area concentration of lead equal to or exceeding 40 µg/ft2 on floors, 250 µg/ft2 on interior window sills, or 400µg/ft2 in window troughs based on wipe samples.
(13) "Lead-Safe Certificate" is a certificate issued by the Health Department that indicates that a Residential Rental Property or a Family Child Care Home has been certified as lead-safe pursuant to this Chapter.
(14) "Lead-Safe Report" means a written report from a "Local Lead Inspector," as defined by this Chapter, verifying that the owner of the "Residential Rental Property" or a "Family Child Care Home" has sufficiently controlled Maintenance Conditions, utilizing the "Quality Maintenance Practices" defined in this Chapter. The "Lead-Safe Report" shall be written and shall contain the following:
(a) The address of the "Residential Rental Property" or "Family Child Care Home";
(b) Name, address, and telephone number of the owner and manager of the "Residential Rental Property" or "Family Child Care Home";
(c) A statement verifying that the owner of the "Residential Rental Property" or "Family Child Care Home" has sufficiently controlled Maintenance Conditions, utilizing the "Quality Maintenance Practices" defined in this Chapter;
(d) Name, address, license number, and signature of "Local Lead Inspector," performing the "Local Lead Inspection" and the date that the inspection was performed; and
(e) If the Lead-Safe Report has been created after a Local Lead Re-Inspection, it shall contain information on "Quality Maintenance Practices" activities for which the "Residential Rental Property or Family Child Care Home Maintenance Conditions Report" was issued, including:
i. Start and completion dates of the "Quality Maintenance Practices" activities for which the "Residential Rental Property or Family Child Care Home Maintenance Conditions Inspection" was performed;
ii. Name, address, and telephone number of the individual(s) or company performing the "Quality Maintenance Practices" activities; and
iii. A detailed written description of all "Quality Maintenance Practices" activities, locations where each activity was performed, and the materials used.
(15) "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. When performing a "Local Lead Inspection" in residential units, the "Local Lead Inspector" shall do all of the following:
(a) Perform a visual assessment in the "Residential Rental Property, or Family Child Care Home" to identify all "Deteriorated Paint," visible dust, paint chips, debris, or residue. For exterior areas, visually inspect that bare soil within 3 feet surrounding the perimeter of a building on the property has been covered, enclosures have been installed properly, and painted surfaces have been properly sealed.
(b) Following a passing visual assessment, a dust sample shall be collected from a floor, and if present, window sill and window trough in no fewer than four separate rooms. A maximum of 12 samples shall be collected unless the Residential Rental Property, or Family Child Care Home contains less than four rooms, in which case a dust sample shall be collected from a floor, and if present, window sill and window trough, from each room.
(c) Issue either a "Lead-Safe Report" or a "Residential Rental Property, or Family Child Care Home Maintenance Conditions Report."
(d) Perform a Local Lead Re-Inspection of the Residential Rental Property, or Family Child Care Home in which a "Residential Rental Property, or Family Child Care Home Maintenance Conditions Report" was issued.
(16) "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 Health Department, subject to approval by the Ohio Department of Health. A "Local Lead Inspector" may not inspect a property he owns, a property owned by a relative, a property in which he has a financial interest, or where he receives or has received payments for providing services to the property owner -exclusive of an initial consultation related to a Local Lead Inspection.
(17) "Local Lead Re-Inspection" means a re-inspection of a "Residential Rental Property, or Family Child Care Home" that was determined to have Maintenance Conditions and that the Maintenance Conditions have been eliminated in a manner consistent with the requirements of this Ordinance. The re-inspection shall include a visual assessment of a "Residential Rental Property, or Family Child Care Home," followed by the collection of environmental samples to determine whether the Maintenance Conditions in a "Residential Rental Property, or Family Child Care Home" have been sufficiently controlled using "Quality Maintenance Practices." When performing a "Local Lead Re-Inspection" in residential units, or family child care home, the "Local Lead Inspector" shall follow the same procedure of a "Local Lead Inspection."
(18) "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.
(19) "Occupant" means a person who inhabits a dwelling unit.
(20) "Owner" has the same meaning as specified in Toledo Municipal Code Section 1726.01.
(21) "Quality Maintenance Practices" for purposes of this Chapter has the same meaning as the US EPA's Lead Renovation, Repair and Painting Program Rules codified at 40 CFR 745, subpart E.
(22) "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 unit in the structure.
(23) "Residential Rental Property, or Family Child Care Home Maintenance Conditions Report" means a written report from a "Local Lead Inspector," as defined by this Chapter, describing the "Rental Property, or Family Child Care Home Maintenance Conditions" identified by the "Local Lead Inspection." A "Rental Property or Family Child Care Home Maintenance Conditions Report" shall be provided to the property owner or the property management agent and the occupant, specifically describing the nature and the location of any "Rental Property, or Family Child Care Home Maintenance Conditions". The "Local Lead Inspector," shall prepare a "Residential Rental Property, or Family Child Care Home Maintenance Conditions Report" for each "Local Lead Inspection" performed. The "Residential Rental Property or Family Child Care Home Maintenance Conditions Report" shall be written and contain the following:
(a) The address of the "Residential Rental Property", or "Family Child Care Home";
(b) Name, address, and telephone number of the owner and manager of the "Residential Rental Property, or Family Child Care Home";
(c) Specific description of the nature and the location of any "Rental Property, or Family Child Care Home Maintenance Conditions";
(d) Name, address, license number, and signature of "Local Lead Inspector," performing the "Local Lead Inspection" and the date that the inspection was performed; and
(e) A diagram of the floor plan of the "Residential Rental Property, or Family Child Care Home", illustrating the location of each environmental sample collected;
(f) Sample location and result of each dust sample analysis in micrograms per square foot;
(g) Name, address, telephone number, and approval number of each lead analytical laboratory conducting the analysis of any environmental sample and a copy of the laboratory results.
(24) "Residential Rental Property, or Family Child Care Home Owner's Annual Verification" means that a Residential Rental Property, or Family Child Care Home Owner, whose Residential Rental Property, or Family Child Care Home has initially failed a "Local Lead Inspection," corrected all maintenance conditions listed in the "Maintenance Conditions Report," has passed the "Local Lead Re-Inspection," and has been issued a "Lead-Safe Certificate," verifies to the Health Department, on a form created by the Health Department, that:
(a) the Residential Rental Property, or Family Child Care Home Owner had a visual assessment performed of the "Residential Rental Property" to identify any "Deteriorated Paint Conditions";
(b) for exterior areas, the Residential Rental Property, or Family Child Care Home was visually inspected to ensure that bare soil within 3 feet surrounding the perimeter of a building on the property has been covered, enclosures have been installed properly, and painted surfaces have been properly sealed; and
(c) the Residential Rental Property, or Family Child Care Home Owner has addressed any "Residential Rental Property, or Family Child Care Home Maintenance Conditions" using the "Quality Maintenance Practices" defined in this Chapter, and without using the unsafe practices prohibited under Ohio law including Ohio Revised Code section 3742.44, and in accordance with methods specified pursuant to Ohio laws and regulations, including Ohio Administrative Code chapter 3701-30.
(Ord. 167-17. Passed 4-18-17.)
1760.05 Presumption of lead-based paint.
(a) For purposes of this Chapter, all paint on the interior or exterior of any residential building on which the original construction was completed prior to January 1, 1978, shall be presumed to be lead-based.
(b) Any person seeking to rebut this presumption may do so by obtaining a certification from a lead-based paint inspector or risk assessor that the property has been determined through a lead-based paint inspection conducted in accordance with the federal regulations at 40 CFR 745.227(b) not to contain lead-based paint.
(Ord. 167-17. Passed 4-18-17.)
1760.06 Local lead inspection.
(a) The "Local Lead Inspection" shall include a full visual assessment for evidence of exterior or interior "Deteriorating Paint" and bare or exposed soil within the "Dripline." A dust sampling assessment will be performed only after the property being inspected passes the visual inspection with submission of samples to a licensed environmental lead analytical laboratory for analysis for lead, interpretation of sampling results, and preparation of a report. Deteriorated paint is presumed to contain lead unless proven otherwise by a lead-based paint inspection.
(b) The standards to be applied to a "Local Lead Inspection" are as follows:
(1) Visual assessments for presumed lead hazard shall apply the following standards to determine the presence of a presumed lead hazard:
A. Deteriorated paint. The interior and exterior of any Residential Rental Unit, as defined in Section 1760.03, on which the original construction was completed prior to January 1, 1978, and the exterior of any nonresidential structure on which the original construction was completed prior to January 1, 1978, shall be maintained in a condition such that the paint thereon does not become deteriorated paint, unless the deteriorated paint surfaces total no more than:
i. Twenty square feet on exterior surfaces;
ii. Two square feet in any one interior room or space; or
iii. Ten percent of the total surface area on an interior or exterior type of component with a small surface area. Examples include windowsills, baseboards, and trim.
For the purpose of determining whether or not deteriorated paint is interior or exterior as it relates to windows, in addition to that portion of the window component that faces the interior, all exterior-facing portions of the window component, with the exception of the exterior frame or trim, are considered to be interior.
B. A full visual assessment of every area of the subject dwelling unit shall be performed to determine if deteriorated paint and/or visible amounts of dust, debris, paint chips, or other residue are present. Interior painted surfaces shall be examined for the presence of deteriorated paint. If deteriorated paint and visible dust, debris, paint chips, or residue are present, they must be eliminated prior to the continuation of the "Local Lead Inspection" using methods specified under this Chapter and Ohio laws and regulations.
(2) Dust wipe testing shall apply the following standards to determine the presence of a Lead Dust Condition:
A. A Lead Dust Condition occurs when surface dust in a residential dwelling or child-occupied facility that contains a mass-per-area concentration of lead equal to or exceeding 40 µg/ft2 on floors or 250 µg/ft2 on interior window sills based on wipe samples or 400 µg/ft2 on interior window troughs based on wipe samples.
B. Dust samples shall be wipe samples and shall be taken on floors, excluding open porches, and interior windowsills and window troughs that have a paint history. Dust samples shall be collected and analyzed in accordance with this section.
i. Dust samples to be collected in all living areas where young children are most likely to come into contact with dust. Select a minimum of four rooms for dust sampling. The selection of rooms to be tested, where applicable, shall include no less than one bedroom and the living room. At least one wipe sample shall be taken from a windowsill with a paint history, a window trough if present, and one from a floor in each room. Where there are less than four rooms, then all rooms shall be sampled. A maximum of 12 samples shall be collected unless the Residential Rental Property, or Family Child Care Home contains less than four rooms, in which case a dust sample shall be collected from a floor, and if present, window sill and window trough, from each room.
ii. Dust samples shall be analyzed by a licensed environmental lead analytical laboratory.
(3) Bare Soil Condition.
A. Bare soil shall not be present within the dripline of any Residential Rental Property on which the original construction was completed prior to January 1, 1978.
(c) If no Residential Rental Property, or Family Child Care Home Maintenance Conditions are identified by the visual assessment, or dust wipe sampling, or bare soil assessment, then a "Lead-Safe Report" indicating that the Residential Rental Property, or Family Child Care Home has met the Quality Maintenance Standards shall be issued by the "Local Lead Inspector."
(d) If a Residential Rental Property, or Family Child Care Home Maintenance Condition is identified by the visual assessment, bare soil assessment, or dust wipes sampling, a Residential Rental Property, or Family Child Care Home Maintenance Condition Report shall be provided to the property owner, or the property management agent, the occupant, and the Health Department, specifically identifying the location of the Residential Rental Property or Family Child Care Home Maintenance Condition. A copy of all Maintenance Conditions Report shall be submitted to the Health Department no later than thirty (30) days after the report is provided to the property owner, or the property management agent and the occupant.
(e) Response to Identified Residential Rental Property, or Family Child Care Home Maintenance Condition. Once a Residential Rental Property, or Family Child Care Home Maintenance Condition has been identified, that condition is to be remedied using Quality Maintenance Practices defined in this Chapter, and without using the unsafe practices prohibited under Ohio law including Ohio Revised Code section 3742.44, and in accordance with methods specified pursuant to Ohio laws and regulations, including Ohio Administrative Code chapter 3701-30.
(f) Local Lead Re-Inspection
(1) After the property owner determines that the repair work has been completed, a Local Lead Re-Inspection shall be performed to determine that the property is free from Maintenance Conditions. A Local Lead Re-Inspection shall comply with the standards defined in section 1760.06 (b) of this Article.
(2) If no Maintenance Conditions are identified by the Local Lead Re-Inspection and a Lead-Safe Report indicating that the Residential Rental Property, or Family Child Care Home is free of Maintenance Conditions filed in accordance with this Chapter, a Lead-Safe Certificate shall be issued pursuant to section 1760.03(a).
(3) A Local Lead Re-Inspection of the Residential Rental Property, or Family Child Care Home in which a "Residential Rental Property, or Family Child Care Home Maintenance Conditions Report" was issued shall be performed by the "Local Lead Inspector" who issued the "Residential Rental Property, or Family Child Care Home Maintenance Conditions Report."
(Ord. 167-17. Passed 4-18-17.)
1760.07 Local lead inspectors and workers to be conducted by registered individuals.
(a) All Local Lead Inspectors must register with the Health Department before performing any Local Lead Inspections.
(b) Anyone performing work related to a Residential Rental Property, or Family Child Care Home Maintenance Conditions Report must meet the requirements of this Chapter including performing the work using Quality Maintenance Practices.
(c) All work related to Residential Rental Property, or Family Child Care Home Maintenance Conditions shall be conducted in accordance with the Chapter and Ohio law. Residential Rental Property and Family Child Care Home Owners, and their employees, may attend educational training sessions provided by the Toledo-Lucas County Health Department, or other organizations or agencies approved by the Toledo-Lucas County Health Department. The educational training sessions would provide information to Residential Rental Property and Family Child Care Home Owners, and their employees, on how to maintain properties in a lead safe manner. Attendance at these educational training sessions is optional and is not a guarantee of Maintenance Condition compliance or lead hazard clearance. The Toledo-Lucas County Health Department shall provide regularly scheduled educational trainings at no cost to owners of the Residential Rental Property and Family Child Care Homes and their employees.
(d) As part of the City's efforts to ensure consistency and compliance with this Chapter and to protect the public health of its citizens, the Health Department may perform inspections of Residential Rental Properties and Family Child Care Homes on a random basis, or based on a reasonable suspicion that a Local Lead Inspector or other contractor or service provider is not conducting inspections, tests, or Local Lead Re-inspections in compliance with this Chapter and Ohio laws and regulations.
(e) Failure to comply with the provisions of this Section shall subject the individual(s) to administrative penalties for each violation as defined in this Chapter.
(f) Rejection of Residential Rental Property, or Family Child Care Home Maintenance Conditions Reports, or a Lead-Safe Report; nonresponsibility of issuer.
(1) The Commissioner of the Health Department or the Commissioner's designee, is authorized to reject a Residential Rental Property, or Family Child Care Home Maintenance Conditions Report, or a Lead-Safe Report that does not meet the requirements of this Chapter, or that is found after an inspection to not substantially represent the conditions present at the Residential Rental Property, or Family Child Care Home for which the report was prepared. The reasons for the rejection shall be set forth in writing to the issuer of the report and to the Owner of the property to which the report pertains.
(2) No Residential Rental Property, or Family Child Care Home Maintenance Conditions Report, or Lead-Safe Report shall be accepted from an issuer who is not registered with the Health Department, or who has been found by the Commissioner to be nonresponsible.
(3) The Commissioner shall inform an issuer in writing of a nonresponsibility determination and the reasons therefor.
(4) Upon making a nonresponsibility determination, the Commissioner may bar the issuer and affiliated organizations, as further set forth herein, from submitting Local Lead Inspection Reports to the Health Department for a period not to exceed three years. If a corporation is found to be a nonresponsible issuer, that finding may be applied to a parent, affiliate or subsidiary corporation, if the Commissioner finds that an officer, director or person directly or indirectly controlling 10% or more of the stock of the corporation found to be nonresponsible is an officer, director or person directly or indirectly controlling 10% or more of the stock of the parent, affiliate or subsidiary corporation. If an unincorporated association is found to be nonresponsible, that finding may be extended to other related associations upon a finding by the Commissioner that the related associations have substantially the same ownership, management or operating personnel.
(5) In determining the nonresponsibility of an issuer, the Commissioner shall consider:
A. The record of performance of the issuer, including but not limited to suspension or debarment by the state or federal government; or a history of lead hazard inspections that do not meet federal, state or City requirements.
B. Criminal conduct in connection with Local Lead Inspections, government contracts or business activities.
C. Violations of labor or employment laws.
D. Violations of federal or state environmental statutes or regulations.
E. Any other cause of so serious or compelling a nature that it raises questions about the responsibility of an issuer, including, but not limited to, submission to the City of a false or misleading statement in connection with a Local Lead Inspection.
F. In addition to the factors specified above, the Commissioner may also give due consideration to any other factors considered to bear upon issuer responsibility, including, but not limited to, any mitigating factors brought to the City's attention by the issuer.
(6) The Commissioner may develop rules and regulations to implement these guidelines and may request a sworn statement of issuer qualifications to gather the necessary information set forth herein. The Commissioner may use the information contained in the response to the sworn statement in making a determination of issuer nonresponsibility.
(7) Any issuer or Owner who is adversely affected by any fine, order or ruling issued pursuant to this Chapter may appeal such fine, order or ruling by requesting a hearing before the Nuisance Abatement Housing Appeals Board pursuant to Section 1726.04(b) and (c).
(Ord. 167-17. Passed 4-18-17.)
1760.08 Right of inspection and enforcement.
The Commissioner of the Health Department and/or his/her designee is authorized to enter on and into and inspect all premises, dwellings, dwelling units and accessory buildings, subject to the provisions of this Chapter and in accordance with the right of entry defined in Toledo Municipal Code Section 1303.0900 for the purpose of determining compliance with the provisions of this Chapter. The owner or other person in charge of the premises shall permit entry by any authorized officer or employee of the City for the limited and exclusive purpose of conducting such inspection, provided that the inspection is carried out at a reasonable time, that sufficient advance notice has been given to the occupants, and that permission to enter was requested and denied by the occupants. Where permission to enter has not been obtained, is denied, or there is probable cause to believe a violation of this Chapter has occurred in a dwelling unit, the Commissioner shall have recourse to the remedies provided by law to secure entry. The Commissioner of the Health Department and the Director of the Department of Neighborhoods may petition any court of competent jurisdiction to seek any relief necessary to enforce the provisions of this Chapter, including, but not limited to, the collection of any fines assessed pursuant to Section 1760.15.
(Ord. 167-17. Passed 4-18-17.)
1760.09 Residential Rental Property and Family Child Care Home Registration Ordinance implementation and compliance.
(a) Implementation and Compliance Plan
The Health Department shall develop an implementation and compliance plan so that within three years of enactment of this Ordinance, all Residential Rental Units and Family Child Care Home, as defined by and subject to the provisions of this Chapter, shall be registered and determined to be in compliance with this Chapter.
(b) Toledo Lead Poisoning Prevention Coalition
The Toledo Lead Poisoning Prevention Coalition shall discuss and advise the Health Department on issues relating to the Toledo's Residential Rental Property and Family Child Care Home Registration Ordinance, its implementation, and compliance with the provisions of the Ordinance by those Residential Rental Property and Family Child Care Home Owners subject to the provisions of the Ordinance.
(c) Annual Report to Mayor and City Council
The Health Department shall provide the Mayor and City Council with an Annual Report summarizing the progress of implementation of this Chapter, including, but not limited to the number of Residential Rental Property and Family Child Care Home applications for a Lead-Safe Certificate and the number of compliance actions taken against Owners of Residential Rental Properties and Family Child Care Homes that fail to comply with provisions of this Chapter.
(Ord. 167-17. Passed 4-18-17.)
1760.10 Prohibition of retaliatory action.
It is unlawful for an Owner, or any person acting on his or her behalf, to take any retaliatory action toward an occupant, lessee, or tenant who reports a failure of the Owner to obtain a Lead-Safe Certificate, or who reports suspected lead-based paint hazard to the Owner or to the City, or reports other issues suggesting non-compliance with this Chapter or the City Building or Housing Code. Retaliatory actions include, but are not limited to any actions that materially alter the terms of the tenancy (including unsupported rent increases and non-renewals) or interfere with the occupants' use of the property.
(Ord. 167-17. Passed 4-18-17.)
1760.11 Lead poisoning prevention materials for tenants, tenant protection for families living in rental properties and requirements for rental property owners to provide lead poisoning information.
(a) The Health Department shall create educational materials for distribution to tenants of residential rental property, informing them of the steps that can be taken by families to prevent Lead Poisoning. In addition, specific information and educational materials will be provided to each tenant that addressed the following topics:
(1) The importance and steps necessary to have children tested for lead poisoning.
(2) Based on the Residential Rental Property Maintenance Conditions Report issued for the property in which the tenants are living, the specific steps that the tenants need to follow in order to keep the property in "Lead Safe" condition, including the steps that need to be followed to clean the property in a manner that will result in protection from "Lead Dust."
(3) How to identify the presence of "Maintenance Conditions" and the requirement to notify the property owner, or property manager.
(4) The steps required to notify the Health Department of "Maintenance Conditions" if after notifying the property owner or property manager of the presence of the "Maintenance Conditions," no action is taken by the property owner or property manager.
(b) Tenants need to take responsibility to protect themselves and their families from lead exposure. Tenants should take the following precautions to protect their family:
(1) Notify the landlord of peeling or chipping paint. If the landlord fails to address the problem, contact the Health Department.
(2) Keep painted surfaces clean and free of dust. Clean floors, window frames, window sills, and other surfaces weekly. Use a mop or sponge with warm water and a general all-purpose cleaner. Never mix ammonia and bleach products together because they can form a dangerous gas.
(3) Carefully clean up paint chips immediately without creating dust.
(4) Thoroughly rinse sponges and mop heads often during cleaning of dirty or dusty areas, and again afterward.
(5) Keep children from chewing window sills or other painted surfaces, or eating soil.
(c) Landlords must give prospective tenants of buildings built before 1978:
(1) An EPA-approved information pamphlet on identifying and controlling lead-based paint hazards.
(2) Any known information concerning lead-based paint or lead-based paint hazards pertaining to the building.
(3) For multi-unit buildings this requirement includes records and reports concerning common areas and other units when such information was obtained as a result of a building- wide evaluation.
(4) A lead disclosure attachment to the lease, or language inserted in the lease, that includes a "Lead Warning Statement" and confirms that you have complied with all notification requirements.
(Ord. 167-17. Passed 4-18-17.)
1760.12 Lead poisoning prevention resources and technical support for property owners and family child care homes.
The Health Department shall create, and make available to residential rental property owners and Family Child Care Home owners, Lead Poisoning Prevention Materials, technical materials relating to Local Lead Inspections and the standards for repairs required by federal law and regulations. In addition, the Health Department shall create a grant process by which residential rental property owners, who are determined to be eligible, may apply for a grant to offset the cost of addressing the Maintenance conditions identified by Local Lead Inspections.
(Ord. 167-17. Passed 4-18-17.)
1760.13 Lead safe residential rental property registry.
(a) The Health Department shall create an electronic Lead Safe Residential Rental Property and Family Child Care Home Registry, which will provide information regarding the residential rental properties that have complied with the Ordinance and have been determined to be Lead Safe. This information shall be made available to the public, especially potential tenants of residential rental property.
(b) The Health Department shall create an electronic Residential Rental Property and Family Child Care Home Registry for residential rental properties and family child care homes that have failed a Local Lead Inspection. Once a residential rental property, or family child care home has been determined to be Lead Safe, the property will be removed from this registry. This information shall be made available to the public, especially potential tenants of residential rental property.
(Ord. 167-17. Passed 4-18-17.)
1760.14 Residential rental property and family child care home lead safe requirement.
No Certificate of Property Code Compliance may be issued in accordance with this Chapter unless a Lead-Safe Certificate has been issued if required pursuant to Section 1760.02.
(Ord. 167-17. Passed 4-18-17.)
1760.15 Fines for non-compliance.
(a) Based on an analysis of public health data, including all the reported cases in which children have been lead poisoned over the past five years, Census as well as residential parcel information, each Census Tract in the City of Toledo has been analyzed, using these variables. The following three year phase in this Chapter is based on requiring those rental properties that are located in Census Tracts that have been determined to pose the greatest danger of lead exposure to children shall be required to register first, those rental properties that pose the next greatest risk to register second and those rental properties posing the least risk of lead exposure to children registering third:
1. Dwelling Units in the following Census Tracts shall comply by June 30, 2018:
Census Tract 48, Census Tract 54, Census Tract 51, Census Tract 16,
Census Tract 18, Census Tract 21, Census Tract 42, Census Tract 103,
Census Tract 39, Census Tract 30, Census Tract 44, Census Tract 20,
Census Tract 6, Census Tract 33, Census Tract 29, Census Tract 9,
Census Tract 49, Census Tract 40, Census Tract 25, Census Tract 7,
Census Tract 36, Census Tract 17, Census Tract 22, Census Tract 35,
Census Tract 47.01, Census Tract 8, Census Tract 32, Census Tract 10,
Census Tract 14, Census Tract 4, Census Tract 2, Census Tract 47.02
2. Dwelling Units in the following Census Tracts shall comply by June 30, 2019:
Census Tract 46, Census Tract 15, Census Tract 19, Census Tract 3,
Census Tract 24.01, Census Tract 27, Census Tract 52, Census Tract 12.02,
Census Tract 26, Census Tract 13.03, Census Tract 24.02, Census Tract 28, Census Tract 11, Census Tract 45.01, Census Tract 53, Census Tract 31,
Census Tract 63, Census Tract 74, Census Tract 23, Census Tract 50,
Census Tract 68, Census Tract 37, Census Tract 102, Census Tract 65,
Census Tract 86, Census Tract 73.03, Census Tract 57.02, Census Tract 76, Census Tract 55.02, Census Tract 66, Census Tract 57.03, Census Tract 62, Census Tract 55.01, Census Tract 64, Census Tract 13.02
3. Dwelling units in the following Census Tracts shall comply by June 30, 2020:
Census Tract 83.01, Census Tract 34, Census Tract 79.02, Census Tract 59.02,
Census Tract 58.02, Census Tract 13.01, Census Tract 72.05, Census Tract 61
Census Tract 67, Census Tract 45.04, Census Tract 104, Census Tract 75,
Census Tract 85, Census Tract 78, Census Tract 58.01, Census Tract 57.01, Census Tract 72.04, Census Tract 84, Census Tract 56, Census Tract 77,
Census Tract 69, Census Tract 45.03, Census Tract 79.01, Census Tract 72.02, Census Tract 72.03, Census Tract 12.01, Census Tract 80, Census Tract 73.01, Census Tract 60, Census Tract 55.03, Census Tract 73.02, Census Tract 59.01, Census Tract 83.02
After June 30, 2020, all dwelling units shall comply with this Chapter. This Chapter only applies to dwelling units located within the geographical limits of the City of Toledo.
(b) Anyone in violation of Section 1760.02 shall be subject to a fifty dollar ($50.00) per day administrative fine per dwelling unit with a maximum penalty of ten thousand dollars ($10,000) per year per dwelling unit if the dwelling unit is not in compliance with the deadlines established in Section 1760.15(a).
(c) Anyone assessed an administrative fine under the proceeding section shall have the right to appeal the imposition of the administrative fine to the Board of Nuisance Abatement/ Housing Appeals by filing an application in writing with the Board of Nuisance Abatement/Housing Appeals the applicable one hundred dollar ($100.00) non-refundable filing fee no later than thirty (30) calendar days from the date notice of the fine was received.
(d) Anyone in violation of Section 1760.07 shall be subject to a five hundred dollar ($500.00) fine per violation as an administrative penalty.
(e) Anyone assessed an administrative fine under the proceeding section shall have the right to appeal the imposition of the administrative fine to the Board of Nuisance Abatement Housing Appeals by filing an application in writing to the Director of the Department of Neighborhoods and a one-hundred dollar ($100.00) non-refundable filing fee no later than thirty (30) calendar days from the date notice of the fine was received.
(f) All fines imposed and collected pursuant to this Section shall be transferred to and used by the Health Department for the administration, implementation and compliance activities related to this Chapter.
(Ord. 167-17. Passed 4-18-17.)
1760.16 Deferments.
The Commissioner shall grant an Owner a single 12-month deferral from the requirements of this Chapter if all of the following conditions apply:
(1) the Owner possesses more than 10 properties that would require Certificates of Registration of Residential Rental Property Meeting the Quality Maintenance Standards under this Chapter;
(2) the Owner successfully complies with this Chapter in obtaining Certificates of Registration of Residential Rental Property Meeting the Quality Maintenance Standards for 10 properties in the Owner's name;
(3) the Owner requests in writing to the Commissioner that a deferral be granted and lists the address of each property for which the deferral is requested;
(4) each property request for a deferral may not have previously been granted a deferral.
The Deferment will immediately terminate and the Rental Property Owner shall be required to bring all the Owner's rental properties into compliance with this Chapter within 45 days of the discovery that a child has been lead poisoned at the location of one of the Owner's rental properties at a level of 5 ug/dL or greater.
(Ord. 167-17. Passed 4-18-17.)
1760.17 Exemptions and waivers.
Exemptions and Waivers shall apply to the following described properties:
(a) This Chapter shall not apply to properties taken by a governmental entity in a foreclosure proceeding which are vacant and secured and:
(1) scheduled for demolition; or
(2) scheduled for sale within 12 months.
(b) This Chapter shall not apply to Residential Rental Properties owned and operated by the Lucas Metropolitan Housing Authority's (LMHA) public housing program and subject to the required inspections, performed by a certified employee of the Lucas Metropolitan Housing Authority, except that Sections 1760.03 (a)(1) and 1760.08 of this Chapter shall apply to Residential Rental Properties owned and operated by LMHA. However, LMHA shall not be required to include the names and addresses of their tenants when applying for a Lead-Safe Certificate. LMHA shall be responsible to provide the educational materials described in Section 1760.11 to tenants living in properties subject to this exemption. LMHA shall not be assessed a registration fee for any of the properties registered.
(c) This Chapter shall not apply to Residential Rental Properties that are part of the Housing Choice Voucher Program, commonly referred to as Section 8 Housing, that have complied with HUD's inspection and clearance requirements, except that Sections 1760.03 (a)(1), 1760.08 and 1760.11(c) of this Chapter shall apply. The Commissioner may only issue a one (1) year Lead-Safe Certificate for these properties, but may not charge a registration fee for the certificate. In lieu of a Lead-Safe Report, an owner shall submit documentation showing compliance with HUD's inspection and clearance requirements with the application.
(Ord. 167-17. Passed 4-18-17.)
1760.18 Hardship Extension Program.
(a) The Owner of a property who has received a Rental Property, or Family Child Care Home Maintenance Conditions Report may apply to the Director of the Department of Neighborhoods for a hardship extension to comply with this Chapter on a form created by the Director.
(b) A hardship extension may be granted after considering the following factors:
(1) the cost of addressing the Maintenance Conditions for the particular property;
(2) the financial status of the owner;
(3) the number of properties owned by the owner;
(4) if the property unit is located in a historic district;
(5) other issues that may delay compliance with this Chapter;
(6) the risk of noncompliance to the health of the tenants.
(c) The Director of the Department of Neighborhoods or the Director's Designee may issue a hardship extension for up to eighteen (18) months and will report that a hardship extension was granted to the Health Department. The Department of Neighborhoods will immediately notify the Health Department when an extension is terminated.
(d) If an Owner has been granted a hardship extension, no fines may be issued against that owner pursuant to this Chapter so long as the owner has entered into a Compliance Agreement. A Compliance Agreement will include the following:
(1) A list of all dwelling units owned by the Owner;
(2) A copy of all Lead-Safe Reports and Residential Rental Property, or Family Child Care Home Maintenance Conditions Reports attached;
(3) A list of each Maintenance Condition, the address of the dwelling unit where each Maintenance Condition is located and milestone dates by which each Maintenance Condition must be addressed.
(e) If more than forty-five (45) days remain in a hardship extension and a child is discovered to have been lead poisoned at the location of one of the Owner's rental properties, at a level of 5 ug/dL or greater, the hardship extension will terminate forty-five (45) days after the date of the discovery.
(f) The Director of the Department of Neighborhoods may request proof that a milestone date has been satisfied. In the event that a milestone date is missed, or the Owner fails to provide proof of compliance by the Director's requested deadline, the hardship extension will terminate thirty (30) days later.
(g) An Owner shall have the right to appeal the decision of the Director to the Board of Nuisance Abatement Housing Appeals by filing an application in writing to the Director with a fifty dollar ($50.00) non-refundable filing fee no later than ten (10) calendar days from the date the decision was made.
(Ord. 167-17. Passed 4-18-17.)
is hereby repealed.
SECTION 6. That a new Toledo Municipal Code Chapter 1760, Registration of Rental Properties and Lead Safety, which reads as follows:
1760.01 Definitions
(a) “Bare Soil Condition” means bare or exposed soil within the “Dripline.”
(b) “Commissioner” means the Commissioner of the Division of Rental Registry and Lead Safety.
(c) “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 visible signs of chewing.
(d) “Dripline” means the area within 3 feet surrounding the perimeter of a building.
(e) “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.
(f) “Lead Dust Condition” means surface dust (visible or invisible) in a residential dwelling or child-occupied facility that contains a mass-per-area concentration of lead equal to or exceeding 40 µg/ft2 on floors, 250 µg/ft2 on interior window sills, or 400µg/ft2 in window troughs based on wipe samples.
(g) “Lead-Safe Certificate” is a certificate issued by the City of Toledo’s Division of Rental Registry and Lead Safety that indicates that a Residential Rental Property or a Family Child Care Home has been certified as lead-safe pursuant to this Chapter.
(h) “Lead-Safe Report” means a written report from a “Local Lead Inspector” verifying that there are no Maintenance Conditions. The “Lead-Safe Report” must 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 manager of the Residential Rental Property or Family Child Care Home;
(3) A statement verifying that the owner of the Residential Rental Property or Family Child Care Home has sufficiently controlled Maintenance Conditions;
(4) Name, address, license number, and signature of Local Lead Inspector, performing the Local Lead Inspection and the date that the inspection was performed; and
(5) If the Lead-Safe Report has been created after a Local Lead Re-Inspection, it shall contain information on compliance with 1760.08 including:
i. Start and completion dates that any work to address the Maintenance Condition was performed;
ii. Name, address, and telephone number of the individual(s) or company performing the work intended to address the Maintenance Condition; and
iii. A detailed written description of all the work intended to address the Maintenance Condition, the locations, and where each activity was performed, and the materials used.
(i) “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 dust-wipe samples as described in 1760.07.
(j) “Local Lead Inspector” means (1) an individual, licensed by the Ohio Department of Health as a lead risk assessor, lead inspector, or clearance technician; or (2) an individual who meets the licensing standards established by the Commissioner.
(k) “Local Lead Re-Inspection” means a re-inspection of a Residential Rental Property or Family Child Care Home that was determined by a Local Lead Inspection to contain a Maintenance Condition.
(l) “Maintenance Condition” means the existence of any of the following: (1) a Deteriorated Paint Condition, (2) a Lead Dust Condition, or (3) a Bare Soil Condition.
(m) “Maintenance Conditions Report” means a written report from a Local Lead Inspector describing Maintenance Conditions identified by the Local Lead Inspector through a Local Lead Inspection. The Maintenance Conditions Report must 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 the manager of the Residential Rental Property or Family Child Care Home;
(3) Specific description of the nature and the location of any Rental Property or Family Child Care Home Maintenance Conditions;
(4) Name, address, license number, and signature of Local Lead Inspector performing the Local Lead Inspection and the date that the inspection was performed; and
(5) A diagram of the floor plan of the Residential Rental Property or Family Child Care Home illustrating the location of each environmental sample collected;
(6) Sample location and result of each dust sample analysis in micrograms per square foot;
(7) Name, address, telephone number, and approval number of each lead analytical
laboratory conducting the analysis of any environmental sample and a copy of the laboratory results.
(n) “Owner” means anyone who holds legal title to a Residential Rental Property or a Family Child Care Home. The person or persons identified as the holder of legal title by the County Auditor is presumed to be the Owner for purposes of this Chapter.
(o) “Rental Registry and Lead Safety Advisory Committee” is a community advisory committee intended to assist the Commissioner by providing feedback regarding implementation of this Chapter.
(p) "Residential Rental Property" means real property on which is located one or more dwelling units leased or otherwise rented to tenants solely for residential purposes, or a mobile home park or other permanent or semi-permanent site at which lots are leased or otherwise rented to tenants for the parking of a manufactured home, mobile home, or recreational vehicle that is used solely for residential purposes. "Residential Rental Property" does not include a hotel or a college or university dormitory.
1760.02 Registration of Residential Rental Property
(a) An Owner of Residential Rental Property shall comply with all requirements of the Lucas County Residential Rental Property Registration Program enabled by Ohio Revised Code Chapter 5323: Residential Rental Property and must file with the County Auditor the following information no later than June 30, 2020:
(1) The name, address, and telephone number of the owner;
(2) If the Residential Rental Property is owned by a trust, business trust, estate, partnership, limited partnership, limited liability company, association, corporation, or any other business entity, the name, address, and telephone number of:
(a) A trustee, in the case of a trust or business trust;
(b) The executor or administrator, in the case of an estate;
(c) A general partner, in the case of a partnership or a limited partnership;
(d) A member, manager, or officer, in the case of a limited liability company;
(e) An associate, in the case of an association;
(f) An officer, in the case of a corporation;
(g) A member, manager, or officer, in the case of any other business entity.
(3) The street address and permanent parcel number of the Residential Rental Property.
(4) Any other information that the Commissioner may in their discretion request in order to ensure the registration of properties and prevent lead poisoning.
(b) An owner of Residential Rental Property must update the information required under division (a) of this Section within sixty days after any change in the information occurs.
1760.03 Presumption of Lead-Based Paint
(a) For purposes of this Chapter, all paint on the interior or exterior of any Residential Rental Property and Family Child Care Home on which the original construction was completed prior to January 1, 1978, shall be presumed to be lead-based.
(b) Any person seeking to rebut this presumption may do so by obtaining a certification from a lead-based paint inspector or risk assessor that the property has been determined through a lead- based paint inspection conducted in accordance with the federal regulations at 40 CFR 745.227(b) not to contain lead-based paint.
1760.04 Lead-Safe Certification Required of pre-1978 Residential Rental Property and Family Child Care Homes
(a) Requirement to obtain Lead-Safe Certificate. The Owner of any Residential Rental Property or Family Child Care Home constructed before 1978 must obtain a Lead-Safe Certificate by submitting an application as described in 1760.04(b).
(b) Application for Lead-Safe Certificate. Every application for a Lead-Safe Certificate must include the following:
(1) The name, address, and telephone number of the Owner or the Owner’s property manager and the number of rental units at the address;
(2) A Lead-Safe Report issued in accordance with 1760.07(d) for the subject property no more than six months before the application; and
(3) A filing fee in an amount to be determined by the Commissioner through a schedule of filing fees published by the Commissioner.
(c) Issuance of the Lead-Safe Certificate.
(1) The Commissioner of the Division of Rental Registry and Lead Safety shall issue a Lead-Safe Certificate to the Owner applicant upon finding that the Owner has complied with this Chapter 1760. The Commissioner may in their discretion request additional information to ensure compliance with this Chapter before issuing the Lead-Safe Certificate.
(2) The Commissioner, in consultation with the Law Department and the Rental Registry and Lead Safety Advisory Committee, may develop and publish regulations to ensure the proper evaluation of applications for Lead-Safe Certificates.
(3) The Lead-Safe Certificate will contain the date that the certificate will expire, and the signature of the Commissioner of the Division of Rental Registry and Lead Safety or their designee.
(4) A copy of the Lead-Safe Certificate will be made available for public inspection in person and online.
(d) Expiration of the Lead-Safe Certificate. All Lead-Safe Certificates shall expire five (5) years after issuance, except as follows:
(1) Lead-Safe Certificates issued for properties that failed the initial visual inspection or dust wipe test, as described at 1760.07, expire three (3) years after issuance;
(2) Lead-Safe Certificates issued for properties that have undergone full lead abatement, designed for the purpose of permanently eliminating lead hazards consistent with the provisions of Ohio law expire after twenty (20) years. The Commissioner may in their discretion request information from the Owner to confirm the nature and extent of the lead abatement completed at the property before issuing the Certificate.
(e) Transfer of Ownership. Upon the transfer of ownership of a Residential Rental Property or Family Child Care Home constructed prior to 1978, any Lead-Safe Certificate issued pursuant to 1760.04(c) shall remain in effect for the property until its expiration under 1760.04(d) as long as the new Owner registers the rental unit under Section 1760.02.
(f) Requirement to renew certificate.
(1) The Owner of a property that has already been certified as lead-safe under this Chapter must apply for a new Lead-Safe Certificate no later than thirty (30) days prior to the expiration date of the current Lead-Safe Certificate.
(2) The Owner of a property that has been certified as lead-safe under this Chapter, may seek renewal no earlier than the one year before expiration of the Certificate.
1760.05 Certain Exemptions from Lead-Safe Certification Requirement.
(a) Exemption from penalties and fees under this Chapter.
1) Based on an analysis of public health data, including all the reported cases in which children have been lead poisoned over the past five years, Census as well as residential parcel information, each Census Tract in the City of Toledo has been analyzed, using these variables. The following phase-in of this Chapter is based on requiring those Residential Rental Properties and Family Child Care Homes where original construction was completed prior to January 1, 1978, that are located in Census Tracts that have been determine to pose the greatest danger of lead exposure to children shall be required to register first, those Residential Rental Properties and Family Child Care Homes where original construction was completed prior to January 1, 1978, that pose the next greatest risk to register second and those Residential Rental Properties and Family Child Care Homes where original construction was completed prior to January 1, 1978, posing the least risk of lead exposure to children registering third:
1. Residential Rental Properties and Family Child Care Homes where original construction was completed prior to January 1, 1978, in the following Census Tracts shall comply by June 30, 2020:
Census Tract 48, Census Tract 54, Census Tract 51, Census Tract 16,
Census Tract 18, Census Tract 21, Census Tract 42, Census Tract 103,
Census Tract 39, Census Tract 30, Census Tract 44, Census Tract 20,
Census Tract 6, Census Tract 33, Census Tract 29, Census Tract 9,
Census Tract 49, Census Tract 40, Census Tract 25, Census Tract 7,
Census Tract 36, Census Tract 17, Census Tract 22, Census Tract 35,
Census Tract 47.01, Census Tract 8, Census Tract 32, Census Tract 10,
Census Tract 14, Census Tract 4, Census Tract 2, Census Tract 47.02
2. Residential Rental Properties and Family Child Care Homes where original construction was completed prior to January 1, 1978, in the following Census Tracts shall comply by June 30, 2021:
Census Tract 46, Census Tract 15, Census Tract 19, Census Tract 3,
Census Tract 24.01, Census Tract 27, Census Tract 52, Census Tract 12.02,
Census Tract 26, Census Tract 13.03, Census Tract 24.02, Census Tract 28,
Census Tract 11, Census Tract 45.01, Census Tract 53, Census Tract 31,
Census Tract 63, Census Tract 74, Census Tract 23, Census Tract 50,
Census Tract 68, Census Tract 37, Census Tract 102, Census Tract 65,
Census Tract 86, Census Tract 73.03, Census Tract 57.02, Census Tract 76,
Census Tract 55.02, Census Tract 66, Census Tract 57.03, Census Tract 62,
Census Tract 55.01, Census Tract 64, Census Tract 13.02
3. Residential Rental Properties and Family Child Care Homes where original construction was completed prior to January 1, 1978, in the following Census Track shall comply by June 30, 2022:
Census Tract 83.01, Census Tract 34, Census Tract 79.02, Census Tract 59.02,
Census Tract 58.02, Census Tract 13.01, Census Tract 72.05, Census Tract 61
Census Tract 67, Census Tract 45.04, Census Tract 104, Census Tract 75,
Census Tract 85, Census Tract 78, Census Tract 58.01, Census Tract 57.01,
Census Tract 72.04, Census Tract 84, Census Tract 56, Census Tract 77,
Census Tract 69, Census Tract 45.03, Census Tract 79.01, Census Tract 72.02,
Census Tract 72.03, Census Tract 12.01, Census Tract 80, Census Tract 73.01,
Census Tract 60, Census Tract 55.03, Census Tract 73.02, Census Tract 59.01,
Census Tract 83.02
After June 30, 2022, all Residential Rental Properties and Family Child Care Homes shall comply with this Chapter.
(b) Hardship Extension
1) The Owner of a property who has received a Maintenance Conditions Report may apply to the Commissioner for a hardship extension to comply with this Chapter on a form created by the Commissioner.
2) A hardship extension may be granted after considering the following factors:
i. the cost of addressing the Maintenance Conditions for the particular property;
ii. the financial status of the owner;
iii. the number of properties owned by the owner;
iv. if the property unit is located in a historic district;
v. other issues that may delay compliance with this Chapter;
vi. the risk of noncompliance to the health of the tenants.
3) The Commissioner may issue a hardship extension for no more than eighteen (18) months.
4) If more than forty-five (45) days remain in a hardship extension and a child is discovered to have been lead poisoned at the location of one of the Owner’s Residential Rental Properties or Family Child Care Homes, at a level of 5 ug/dL or greater, the hardship extension will terminate forty-five (45) days after the date of the discovery.
5) An Owner shall have the right to appeal the decision of the Commissioner regarding any denial of a Hardship Extension to the Board of Nuisance Abatement Housing Appeals by filing an application in writing to the Director of the Department of Neighborhoods with a fifty dollar ($50.00) non-refundable filing fee no later than ten (10) calendar days from the date the decision was made.
1760.06 Requirements for Local Lead Inspectors
(a) All Local Lead Inspectors must register with the Commissioner or their designee before performing any Local Lead Inspections.
(b) The Commissioner must ensure that all registered Local Lead Inspectors are (1) an individual, licensed by the Ohio Department of Health as a lead risk assessor, lead inspector, clearance technician; (2) an EPA certified lead dust sampling technician; or (3) an individual who meets licensing standards established by the City of Toledo’s Division of Rental Registry and Lead Safety.
(c) The Commissioner, in consultation with the Law Department and the Rental Registry and Lead Safety Advisory Committee, may develop regulations to determine the licensing standards necessary for Local Lead Inspectors and processes to ensure that Local Lead Inspectors are in compliance with this Chapter.
(d) The Commissioner, in consultation with the Law Department and the Rental Registry and Lead Safety Advisory Committee, may develop regulations to address collusion and conflicts of interest between Owners and Local Lead Inspectors. Noncompliance with such regulations will be subject to penalties as described in 1760.11.
1760.07 Standards for Local Lead Inspections.
(a) Requirements for the inspection. The following requirements apply for the Local Lead Inspection.
(1) The Local Lead Inspection must be completed by a Local Lead Inspector and must include:
a. A full visual assessment for evidence of exterior or interior deteriorating paint and bare or exposed soil within the Dripline. The visual assessment must comply with the standards set forth at 1760.07(b)(1).
b. Dust-wipe testing with submission of samples to a licensed environmental lead analytical laboratory for analysis for lead, and interpretation of sampling results. Dust sampling must comply with the standards set forth at 1760.07(b)(2).
(2) The dust sampling shall occur only after the property passes the visual assessment.
(b) Requirements for the visual assessment and dust sampling.
(1) Visual assessments.
a. Visual assessments must confirm that the interior and exterior of any Residential Rental Property and Family Child Care Home constructed prior to January 1, 1978, and the exterior of any nonresidential structure on which the original construction was completed prior to January 1, 1978, is maintained in a condition such that the paint thereon is not deteriorated paint, unless the deteriorated paint surfaces total no more than:
i. Twenty square feet on exterior surfaces;
ii. Two square feet in any one interior room or space; or
iii. Ten percent of the total surface area on an interior or exterior type of component with a small surface area. Examples include windowsills, baseboards, and trim.
b. For the purpose of determining whether or not deteriorated paint is interior or exterior as it relates to windows, in addition to that portion of the window component that faces the interior, all exterior-facing portions of the window component, with the exception of the exterior frame or trim, are considered to be interior.
c. A full visual assessment of every area of the subject dwelling unit shall be performed to determine if deteriorated paint and/or visible amounts of dust, debris, paint chips, or other residue are present. Interior painted surfaces shall be examined for the presence of deteriorated paint. If deteriorated paint and visible dust, debris, paint chips, or residue are present, they must be eliminated prior to the continuation of the Local Lead Inspection using methods specified under this Chapter and Ohio laws and regulations.
d. Bare soil must not be present within the dripline of any Residential Rental Property on which the original construction was completed prior to January 1, 1978.
(2) Dust wipe testing.
a. Dust samples must be wipe samples and must be taken on floors, excluding open porches, and interior windowsills and window troughs that have a paint history. Dust samples must be collected and analyzed in accordance with this section.
b. Dust samples must be collected in all living areas where young children are most likely to come into contact with dust. The Local Lead Inspector must select a minimum of four rooms for dust sampling. The selection of rooms to be tested, where applicable, shall include no less than one bedroom and the living room. At least one wipe sample must be taken from a windowsill with a paint history, a window trough if present, and one from a floor in each room. Where there are less than four rooms, then all rooms shall be sampled. A maximum of 12 samples shall be collected unless the Residential Rental Property or Family Child Care Home contains less than four rooms, in which case a dust sample shall be collected from a floor, and if present, windowsill and window trough, from each room.
c. Dust samples must be analyzed by a licensed environmental lead analytical laboratory.
(c) Multi-family buildings. For multi-family Residential Rental Properties with more than ten rental units, the Local Lead Inspector must sample at least 10% of the dwelling units and need not inspect all of the dwelling units in the property. The Local Lead Inspector will choose, at their sole discretion, which dwelling units to sample, and may inspect more than 10%.
(d) Lead-Safe Report. If no Maintenance Conditions are identified by the Local Lead Inspection, then the Local Lead Inspector shall issue a Lead-Safe Certificate.
(e) Conditions Report. If Maintenance Conditions are identified by the Local Lead Inspection, the Local Lead Inspector shall prepare a Maintenance Conditions Report. The Maintenance Conditions Report shall be provided to the property owner, the property management agent, the occupant, and the Commissioner. A copy of any Maintenance Conditions Reports must be submitted to the Commissioner no later than thirty (30) days after the report is provided to the property owner, or the property management agent and the occupant.
1760.08 Required Response to Maintenance Conditions and use of interim controls
(a) Owner must address Maintenance Conditions within 180 days. If a Maintenance Condition is identified in a Residential Rental Property or Family Child Care Home, the Owner must remedy the Maintenance Condition in a manner that is consistent with Ohio and Federal law. The Owner must complete work necessary to properly remedy the Maintenance Condition within 180 days after the date of the Local Lead Inspection that identified the Maintenance Condition.
(b) Interim controls. For purposes of this Chapter, the Owner may attempt to address a Maintenance Condition by using Interim Controls as long as such measures are consistent with Ohio and Federal law. “Interim Controls” for purposes of this Chapter, means a set of measures designed to reduce temporarily human exposure or likely exposure to lead hazards. These measures include specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of Maintenance Conditions or potential Maintenance Conditions. Interim Controls include the following:
(1) Paint Stabilization
a. Interim control treatments of intact, factory applied prime coatings on metal surfaces are not required. Finish coatings on such surfaces shall be treated by interim controls if those coatings contain lead-based paint.
b. Any physical defect in the substrate of a painted surface or component that is causing deterioration of the surface or component shall be repaired before treating the surface or component. Examples of defective substrate conditions include dry-rot, rust, moisture-related defects, crumbling plaster, and missing siding or other components that are not securely fastened.
c. Before applying new paint, all loose paint and other loose material shall be removed from the surface to be treated. Acceptable methods for preparing the surface to be treated include wet scraping, wet sanding, and power sanding performed in conjunction with a HEPA filtered local exhaust attachment operated according to the manufacturer's instructions.
d. Dry sanding or dry scraping is permitted only in accordance with 24 CFR 35.140(e) (i.e., for electrical safety reasons or for specified minor amounts of work).
e. Paint stabilization shall include the application of a new protective coating or paint. The surface substrate shall be dry and protected from future moisture damage before applying a new protective coating or paint. All protective coatings and paints shall be applied in accordance with the manufacturer's recommendations.
(2) Friction and impact surfaces.
a. Friction surfaces are required to be treated only if:
i. Lead dust levels on the nearest horizontal surface underneath the friction surface (e.g., the window sill, window trough, or floor) are equal to or greater than the standards specified in 24 CFR 35.1320(b);
ii. There is evidence that the paint surface is subject to abrasion; and
iii. Lead-based paint is known or presumed to be present on the
friction surface.
b. Impact surfaces are required to be treated only if:
i. Paint on an impact surface is damaged or otherwise deteriorated;
ii. The damaged paint is caused by impact from a related building component (such as a door knob that knocks into a wall, or a door that knocks against its door frame); and
iii. Lead-based paint is known or presumed to be present on the impact surface.
c. Examples of building components that may contain friction or impact surfaces include the following:
i. Window systems;
ii. Doors;
iii. Stair treads and risers;
iv. Baseboards;
v. Drawers and cabinets; and
vi. Porches, decks, interior floors, and any other painted surfaces that are abraded, rubbed, or impacted.
d. Interim control treatments for friction surfaces shall eliminate friction points or treat the friction surface so that paint is not subject to abrasion. Examples of acceptable treatments include rehanging and/or planing doors so that the door does not rub against the door frame, and installing window channel guides that reduce or eliminate abrasion of painted surfaces. Paint on stair treads and floors shall be protected with a durable cover or coating that will prevent abrasion of the painted surfaces. Examples of acceptable materials include carpeting, tile, and sheet flooring.
e. Interim control treatments for impact surfaces shall protect the paint from impact. Examples of acceptable treatments include treatments that eliminate impact with the paint surface, such as a door stop to prevent a door from striking a wall or baseboard.
f. Interim control for impact or friction surfaces does not include covering such a surface with a coating or other treatment, such as painting over the surface that does not protect lead-based paint from impact or abrasion.
(3) Chewable surfaces.
a. Chewable surfaces are required to be treated only if there is evidence that a child of less than 6 years of age has chewed on the painted surface, and lead-based paint is known or presumed to be present on the surface.
b. Interim control treatments for chewable surfaces shall make the lead-based paint inaccessible for chewing by children of less than 6 years of age. Examples include enclosures or coatings that cannot be penetrated by the teeth of such children.
(4) Dust control.
a. Dust control shall involve a thorough cleaning of all horizontal surfaces, such as interior window sills, window troughs, floors, and stairs, but excluding ceilings. All horizontal surfaces, such as floors, stairs, window sills and window troughs, that are rough, pitted, or porous shall be covered with a smooth, cleanable covering or coating, such as metal coil stock, plastic, polyurethane, or linoleum.
b. Surfaces covered by a rug or carpeting shall be cleaned as follows:
i. The floor surface under a rug or carpeting shall be cleaned where feasible, including upon removal of the rug or carpeting, with a HEPA vacuum or other method of equivalent efficacy.
ii. An unattached rug or an attached carpet that is to be removed, and padding associated with such rug or carpet, located in an area of the dwelling unit with dust-lead hazards on the floor, shall be thoroughly vacuumed with a HEPA vacuum or other method of equivalent efficacy. Protective measures shall be used to prevent the spread of dust during removal of a rug, carpet or padding from the dwelling. For example, it shall be misted to reduce dust generation during removal. The item(s) being removed shall be wrapped or otherwise sealed before removal from the worksite.
iii. An attached carpet located in an area of the dwelling unit with dust-lead hazards on the floor shall be thoroughly vacuumed with a HEPA vacuum or other method of equivalent efficacy if it is not to be removed.
(5) Bare Soil Condition. Acceptable interim control methods for soil lead are impermanent surface coverings and land use controls.
a. Impermanent surface coverings may be used to treat lead-contaminated soil if applied in accordance with the following requirements. Examples of acceptable impermanent coverings include gravel, bark, sod, and artificial turf.
i. Impermanent surface coverings selected shall be designed to withstand the reasonably-expected traffic. For example, if the area to be treated is heavily traveled, neither grass nor sod shall be used.
ii. When loose impermanent surface coverings such as bark or gravel are used, they shall be applied in a thickness not less than six inches deep.
iii. The impermanent surface covering material shall not contain more than 200 µg/g of lead.
b. Adequate controls to prevent erosion shall be used in conjunction with impermanent surface coverings.
i. Land use controls may be used to reduce exposure to soil-lead hazards only if they effectively control access to areas with soil-lead hazards. Examples of land use controls include: fencing, warning signs, and landscaping.
ii. Land use controls shall be implemented only if residents have reasonable alternatives to using the area to be controlled.
iii. If land use controls are used for a soil area that is subject to erosion, measures shall be taken to contain the soil and control dispersion of lead.
(c) Reinspection Required. The Owner of any Residential Rental Properties or Family Child Care Home where a Maintenance Condition has been identified by a Local Lead Inspection must cause a Local Lead Re-Inspection to occur once the Maintenance Condition has been removed. The Local Lead Re-Inspection is subject to the following requirements.
(1) The Local Lead Re-Inspection must be completed by the same Local Lead Inspector that completed the inspection that identified the Maintenance Condition, unless such Inspector is no longer registered with the Commissioner.
(2) When performing a Local Lead Re-Inspection, the Local Lead Inspector shall follow the same procedure and use the same standards for a Local Lead Inspection as provided at 1760.07.
(3) The Commissioner may, in consultation with the Law Department and the Rental Registry and Lead Safety Advisory Committee, develop and publish regulations that provide additional requirements for Local Lead Re-Inspections.
(4) Upon completion of the Local Lead Re-Inspection, the Local Lead Inspector must issue reports in the same manner as provided for a Local Lead Inspection. If the Local Lead Inspector issues a Lead-Safe Report, the Owner must apply for a Lead-Safe Certificate as provided at 1760.04.
1760.09 Protections for tenants.
(a) Properties that are vacant when a Lead-Safe Certificate is required. When a Lead-Safe Certificate is required under this Chapter, if any Residential Rental Property constructed before 1978 contains a rental unit that is or becomes vacant and not yet leased to a tenant, the Owner of that property may not lease the unit for occupancy until the Owner obtains a Lead-Safe Certificate.
(b) Leases with new tenants when a Lead-Safe Certificate is required. When a Lead- Safe Certificate is required under this Chapter, if a current tenant vacates any Residential Rental Property constructed before 1978, the Owner of that property may not lease the unit for occupancy to a new tenant until the Owner obtains a Lead-Safe Certificate.
(c) Evictions of current tenants. No Owner without good cause to evict a tenant may cause a tenant to be evicted because the Owner does not wish to comply with the requirements of this Chapter. No Owner without good cause may refuse to renew a month-to-month or other periodic tenancy because the Owner does not wish to comply with the requirements of this Chapter.
(d) Rights of tenants under the Ohio Landlord-Tenant Act. Nothing in this Chapter shall be construed to limit the rights of tenants under the Ohio Landlord-Tenant Act, including but not limited to the right to withhold rent or terminate a tenancy in response to landlord’s failure to comply with the Ohio Landlord-Tenant Act.
(e) Lead-Safe Certificate provided upon lease. Upon leasing a Residential Rental Property, the Owner shall provide a copy of any Lead-Safe Certificate issued for the property to the tenant or proof that the property was constructed after 1978.
1760.10 Community involvement and outreach
(a) Rental Registry and Lead Safety Advisory Committee. The Commissioner must convene meetings of a Rental Registry and Lead Safety Advisory Committee on at least a quarterly basis.
a. The members of the Rental Registry and Lead Safety Advisory Committee will include one representative from the Toledo Lead Poisoning Prevention Coalition, two members appointed by City Council, one member appointed by the Mayor, and three members appointed by the Commissioner.
b. The Rental Registry and Lead Safety Advisory Committee will determine the length of terms that members will serve.
(b) Education and training. The Commissioner must, from time to time, provide education and training to residents in the City explaining how to comply with this Chapter, how to become a Local Lead Inspector, and how to avoid lead poisoning risks. Education and training events must be performed with review and feedback provided by the Rental Registry and Lead Safety Advisory Committee.
1760.11 Enforcement and penalties
(a) Anyone in violation of Section 1760.02 shall be subject to a fifty dollar ($50.00) per day administrative fine per Residential Rental Property with a maximum penalty of ten thousand dollars ($10,000) per year per Residential Rental Property.
(b) Anyone in violation of Section 1760.04 or rules and regulations created thereunder shall be subject to a two hundred fifty dollar ($250.00) per day administrative fine per Residential Rental Property or Family Child Care Home with a maximum penalty of ten thousand dollars ($10,000) per year per Residential Rental Property or Family Child Care Home.
(c) Anyone in violation of Section 1760.06 or rules and regulations created thereunder shall be subject to a five hundred dollar ($500.00) fine per violation as an administrative penalty.
(d) Anyone assessed an administrative fine pursuant to this section shall have the right to appeal the imposition of the administrative fine to the Nuisance Abatement Housing Appeals Board by filing an application in writing with the Director of the Department of Neighborhoods accompanied by a fifty dollar ($50.00) non-refundable filing fee no later than thirty (30) calendar days from the date notice of the fine was received.
is hereby enacted.
SECTION 7. That this Ordinance shall take effect and be in force from and after the earliest period allowed by law
Passed: November 12, 2019: yeas 8, nays 4.
Attest:
Gerald E. Dendinger Matt Cherry
Clerk of Council President of Council
Approved: November 12, 2019
Wade Kapszukiewicz
Mayor