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Lead Safe Residential Rental Requirements in Toledo

WHAT YOU AND YOUR CLIENTS NEED TO KNOW

  • Legislation passed on August 1, 2016
  • All single-family rental properties, duplexes, family child care homes, and rental structures with up to four units built prior to 1978 are affected by the ordinance and must be inspected and obtain a Lead Safe Certificate
  • To obtain a Lead Safe Certificate, an owner or owner’s agent must:
    • File an application with the Toledo Lucas County Health Department
    • Submit a filing fee of $45 per unit
    • Submit a Lead-Safe Report issued by a local lead inspector within 6 months of filing the application for a Lead Safe Certificate
  • Lead Safe Certificates will expire:
    • 3 years from the date of issuance for any property that fails the visual inspection of dust wipe test; or
    • 6 years from the date of issuance for any property that passes the initial visual and dust wipe inspection
    • If either the residential rental property has undergone lead abatement
    • Upon the sale, purchase, or transfer of ownership an updated Lead Safe Certificate in the name of the new owner, upon application will be issued
  • Lead Safe Inspection
    • Perform a visual assessment 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 services have been properly sealed
    • Following a 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 property or family child care home contains less than four rooms
    • Issue either a Lead Safe Report or a Residential Rental Property or Family Child Care Home Maintenance Hazards Report
  • If a Residential Rental Property or Family Child Care Home Maintenance Hazards Report is issued:
    • Properties with identified lead hazards must be put into a lead safe condition through standard quality maintenance standards
    • A Clearance Examination of the Residential Rental Property must be performed
  • Local lead inspectors cannot inspect properties they own
  • The Lead Safe Ordinance does NOT require lead paint, for example , to be fully removed
  • The law goes into effect on September 16, 2016 and landlords have until September 16, 2017 to become compliant
  • Owners with more than 10 properties may request an additional year to fully comply as long as they have registered 10 structures before September 16, 2017
  • Anyone found in violation shall be subject to a $50 per day administrative fine per dwelling unit with a maximum penalty of $10,000 per year per dwelling unit
  • LMHA and Section 8 properties are exempt from the ordinance
  • Persons who need information immediately may contact the Toledo Lucas County Health Department at 419-213-4100 (option 3)

Lead Prevention