Toledo, OH Lead Paint Ordinance Compliance

General Landlording & Rental Properties
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Toledo, OH Lead Paint Ordinance Compliance

Adam A.
Investor · Toledo, OH · Member since 2015 · 233 posts · 135 votes

As the Lucas County Health Department (LCHD) has added a new time ticker countdown to the deadline of the Toledo Lead Paint Ordinance compliance date, there are 4 vital reasons why landlords need to get their rentals in Tier 1 inspected as soon as possible.

1. Financial Sense:
As of right now, most of the Toledo Lead Inspectors are not as busy with prices range around $300 per inspection. However, with more than 12,000 units to inspect these prices will go up as soon as 2018 comes around. By then, landlords have no choice but to rush into a feeding frenzy to avoid the $50 per day penalty as of July 1 2018.

Make sure you contact a lead inspector today!

2. The Experience Factor:
There are about 100 Toledo lead inspectors registered with LCHD today and the vast majority of them are part time. This translates to actual 40-50 full time lead inspectors. Most of these inspectors have not done any inspections at all and they have no experience in the field. The longer you wait, the most likely you'll have to accept the first lead inspector who answers the phone with no experience.

Always ask for references and experience.

3. Inspection Process Probing:
The correct way to inspect a unit takes about 1-4 weeks of planning especially when it's occupied. First, the pre-inspection consultation to point out any lead hazards that will fail the inspection. Second, fixing the lead hazards to pass the visual inspection such as scraping and painting windows. Third, the final cleaning on inspection day. All of these steps have to be coordinated with tenants in mind which takes time.

Talk with your tenants to coordinate lead inspection ASAP.

4. Enforcement:
I hear landlords on a daily basis stating that the city doesn't have the resources to enforce the law. LCHD and Department of Neighborhoods have taken 4 landlords in the last few months to court in regards to lead paint problems.

Fact: Department of Neighborhoods is the only sector in Toledo that makes money due to fines.

As of this post, Due to the increasing amount of inspections being turned in, it may take LCHD up to 60 days to issue certificates.

Adam Atassi

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  • Burke Ericson
    Valley Village, CA · Member since 2017 · 34 posts · 13 votes
    8y
    Adam, I was just about to pull the trigger on a portfolio in Toledo and I came across this Lead Ordinance. The last three hours I have been reading and I am trying to put it together. Can I ask you some questions? Is this a paint issue or is more involved? Can you get an inspection per request? (If I purchase I would like to get it done before putting in renters.) How does a person remedy a failed test? How does a landlord defeat the lead prior to the test? What are various fees associated with inspection, abatement and compliance? Do you think this should put me off the area as an investment potential?
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  • Ryan Pyle
    Multifamily Investor · Toledo, OH · Member since 2008 · 296 posts · 308 votes
    8y

    @Burke Ericson, I will answer your question based on my experience as a landlord with this issue. There are others on this board, @Adam A. in particular who is a landlord and an inspector (he's done all of my inspections), who can give you more technical answers:

    Is this a paint issue or is more involved?

    --for the most part, yes. They do a visual inspection and are just making sure there is no peeling or chipping paint. This includes interior, exterior and outbuildings. The only non-paint issue I have come across is that there can be no bare soil next to the house. Any bare soil needs to be covered with mulch or seeded for grass.

    Can you get an inspection per request? (If I purchase I would like to get it done before putting in renters.)

    --The property has to be inspected prior to being rented. You can find a list of inspectors here: http://www.lucascountyhealth.com/environmental-hea.... If the property passes the test the first time (all of mine have so far) you are good for 6 years. 

    How does a person remedy a failed test?

    --Only the area that failed needs to be abated, which would simply involve encapsulating the lead paint (properly scraping and painting it). 

    How does a landlord defeat the lead prior to the test?

    --See the above link to the Lucas County Health Department. There are very specific instructions about how to prepare for the inspections. Your inspector will also help you prepare. Also, most inspectors will walk the property with you as a pre-inspection and tell you what needs to be done to prep your specific property. Basically, you are given all the info you need, you just have to execute and you will be fine.

    What are various fees associated with inspection, abatement and compliance?

    --$200 - $300 for the inspection, $45 to register with the Health Dept once you pass the inspection. Of course you need to factor in the cost of the prep. But if you are doing it to a vacant property you would likely be doing these things anyway as a responsible landlord.

    Do you think this should put me off the area as an investment potential?

    --No. Just be mindful that this law exists and that non-compliance will cost you. At the same time all the info you need to be in compliance is out there, it's up to you to get it done. 

    I've had 11 properties inspected and the total cost, including inspections, registration and prep will be around $7,000, or $636/property. That works out to $100/yr (inspections are good for 6 years). These were all occupied properties. Also, all of my other single families are Section 8. Section 8 properties are exempt because they are already inspected annually by LMHA. You still have to register them, but you don't pay the $45 fee. 

    I hope this helps. I'm sure others will chime in, maybe others with differing viewpoints. But for me, it hasn't been that bad.

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  • Adam A.
    OP
    Investor · Toledo, OH · Member since 2015 · 233 posts · 135 votes
    8y

    @Brian Burke

    @Ryan Pyle Ryan has done a good job answering your questions. I would like to add: 

    • "How does a person remedy a failed test?
      --Only the area that failed needs to be abated, which would simply involve encapsulating the lead paint (properly scraping and painting it). " 

         A failed test most likely would be due to unclean surface (window sill, trough or floor) or not cleaning it correctly.  In my experience, I've had only 7 failed tests (out of several hundreds). 5 of them are due to unclean area and 1 had to repainted.  During the pre-inspection I explain on how to clean and address any lead hazards that might fail the dust sampling.

    • If the property doesn't have wooden siding or windows, the maintenance and cost is a lot cheaper than what Ryan has listed. Vinyl/aluminum siding and vinyl windows and floors need to be cleaned before and on the same inspection day. Basically, the cost would be $200-$400 every 3 years (failed) and 6 years passed. 
    • I would highly recommend staying from the historic Old West End (OWE) to invest. This area allows ONLY wood siding and windows to be installed. Cost of maintaining these properties is expensive.

    I wouldn't discourage any investor from buying in Toledo due to this ordinance. Fear of compliance is a myth and it's very simple when it's explained correctly.

    Adam Atassi 

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  • Michael Temple
    Rental Property Investor · Toledo, OH · Member since 2017 · 262 posts · 215 votes
    8y

    @Ryan Pyle

    Is this a paint issue or is more involved?

    --for the most part, yes. They do a visual inspection and are just making sure there is no peeling or chipping paint. This includes interior, exterior and outbuildings. The only non-paint issue I have come across is that there can be no bare soil next to the house. Any bare soil needs to be covered with mulch or seeded for grass.

    Two things to add here...

    1. I have been told this is a swipe test, not a visual test. The people in my REIA group have been talking about this for months now and my understanding from what they have said it is only visual if it is a Section 8, but if it is SFH or Multifamily 4 or fewer units built before 1978 it is a swipe test.
    2. Judge Jensen recently granted a motion to stop these inspections while the case winds through the courts for a final decision.

    Is my understanding incorrect?

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