Certificate of Occupancy - Certified Lead Paint Inspector and Work?

4 Replies

Recently purchased a SFH in Rochester, NY to convert into a rental. We applied for the certificate of occupancy and got flagged in nearly every single room for the WINDOW SILL/SASH with the following code violation:

The interior was found to contain protective covered surfaces in a state of deterioration in excess of more than ten percent of the identified building component with a small surface area.  In order to have this violation removed, you must submit a clearance certificate from a Certified Lead Inspector or Risk Assessor, certifying that the unit is lead safe, as per section 90-56 of the City Code, and complete and return the attached Lead Ordinance Compliance Affidavit.

Now the kicker, it also says, "You or your agent are required to complete a certified lead safe work practice training course prior to conducting any lead paint reduction activity."  Furthermore, "Entities conducting clearance inspections must be independent from those performing hazard reduction or maintenance activities."  We called regarding a class to certify lead safe work practices and they have one in late April but it's full.

What are my options here?  When I called the inspector she said I can simply replace all of the windows in the house!!  Ya, right...Can I really NOT scrape and re-paint the windows?  For Rochester based investors, who have you used to scape/re-paint and then who have you used for certification purposes?

Thanks....

I would definitely NOT scrape and repaint yourself! Chalk this up to learning the hard way. My recommendation is to hire a painter. 99% of them should be lead safe trained. But make sure you ask for their certificate. They will go and properly prep the areas so that as little lead as possible will be disturbed. When that's done, I'd get in touch with Bekka Lebowitz on here, she has a lead inspector who she's had nothing but good experiences using. She also has cleaning tips to get ready for the inspection.

In the future, before you do your C of O's make sure you either replace your windows (that's what I do) or just paint all your windows with a good thick coat of three of paint. Unfortunately till you replace your windows, this will have to be done each time they come back to check for lead. 

Good luck!!!

@Steve Santacroce - Thank you for the advice, definitely a lot of "learning the hard way" lessons on this first purchase.  Hopefully this is the last one for awhile!  Out of curiosity, who do you use for windows?  A friend of mine recommended Wonder Windows, I called them this afternoon out of sheer curiosity for a quote and left a voice mail.

There may be local laws but there are also state and maybe city ones. There is a federal RRP law and lead regulations for your state.  In general impact and friction surfaces can not be painted.  If you have wood windows and want to keep them then you would potentially be able to use Jamb liners but that kind of work can get expensive and may not pass. they are available from JR products and this old house in Newark NJ. Probably a couple of other places. Check on what you need to do for NY state.  There are two categories lead free and lead safe.  depending on what is painted it can be nearly impossible to get lead free. Lead safe requires Lead swipes in RI showing dust below a certain level, not sure about NY. The course you should be able  to take an online lead course to comply.   You also could have tax assistance for complying with lead laws in your state but that varies.  You can get a qualified person to restore windows ($$$$) or replace them. Hope that helps.  Reading the lead laws and taking the course is a good start.  All your other surfaces need to have intact paint.  However they have made it nearly impossible to get wood windows to pass. It should be possible but I don't think there is much interest.  There are also sash replacement kits but you would need to see if they pass locally. 

Hi Greg,

It's really not as bad as it seems. More time consuming than anything else. If you want to give me a call, I'll discuss some options with you and can even give you the number of a Rochester city inspector who lives in one of my houses.

Regards,

Chris

585-694-7028

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