I.      What does Property Maintenance Code require?

 

       This amendment to the Detroit City Code chapter 9, Article 1,

       Division 3 requires the following:

 

      a.      Owners of rental property built before 1978 in the City of

             Detroit must have a lead inspection and risk assessment

             performed to determine the presence of lead based paint and

             lead based paint hazards.

       b.     If lead based paint hazards exist, the hazards must be reduced

             or controlled using interim controls and/or abatement (as

             defined by State Law) prior to a tenant occupying the rental

              property.

      c.       After Interim Controls and/or Abatement are performed by

              properly trained and certified and individuals, the owner must

              obtain a clearance inspection and lead clearance.  Owners

              must obtain this lead clearance in order to receive a Certificate

              of Compliance and Rental Registration from the City.

 

II.      What will happen if I don't meet the requirement of this

         ordinance?

         In order to have a rental property in the City of Detroit, the

         property must have a Certificate of Rental Registration.  This

         certificate cannot be obtained without a Lead Clearance.

 

III.     What are the penalties for non-compliance?

         If a property is rented out without the proper lead clearance, fines

        are as follows:

IV.       How often can penalties be assessed?

 

          Penalties can be assessed daily until compliance is achieved.

 

V.        Are there current laws which hold landlords responsible for

         lead hazards in their properties?

 

         Yes.  Several laws hold landlords responsible for lead hazards in

         rental properties.

 

      ·         It is a criminal offense in Michigan to rental a residential

               housing unit to a family with a minor child who is found to

               have an elevated blood lead level where the property owner

               or manager has knowledge that the rental unit contains a

               lead-based paint hazard.  (MCL 333.5475a.)  Penalties include

               up to 93 days in jail and/or fines up to $5,000.00 for first-time

               offenders.  Fines increase to $10,000.00 for subsequent

               offenders.

 

      ·         It is also a violation of the Detroit City Code to maintain a

               rental property with lead hazards.  Section 24-10-25 of the

               code provides that it is unlawful for any owner to maintain a

               dwelling unit in a condition where lead hazards present a

               danger of lead poisoning to children who inhabit the

               dwelling.  Penalties include fines of up to $500 per day for

               each day the violation continues.

 

      ·         Federal law requires landlords to disclose all known lead

               hazards to tenants at the time of lease or lease renewal.   This

               disclosure must occur even if the hazards have been reduced

               or abated.  Failure to disclose this information results in a

               violation of US Department of Housing and Urban

               Development and the U.S. Environmental Protection Agency

               regulations at 24 CFR Part 35 and 40 CFR Part 745 and can

               result in a fine of up to $11,000 per violation.

 

VI.     What is the difference between the revised and the previous

         laws?  What is the purpose of creating an additional law?

 

         Under previous law, rental properties that contain lead hazards

         were not identified until after a child has already been lead

         poisoned.  The effects of lead poisoning are not reversible and

         last a lifetime.  Under the revised law, lead hazards will be fixed

         before children are exposed, thus preventing the harmful effects

        of lead poisoning and improving the housing stock in Detroit.

 

VII.   Who regulates this ordinance?

 

         City of Detroit Buildings and Safety Engineering Department;

         call 313-628-2451.

 

VIII.  When does this ordinance take effect?

 

          For those seeking a new Certificate of Rental Registration on a

          property, the ordinance goes into effect on January 1, 2010.  For

          all others, it will occur at the time of your next inspection when

          you renew your Certificate of Rental Registration (annually).

          IX.      How often must properties obtain a risk assessment and
                   clearance?

 

         If Interim Controls are used, a new risk assessment and clearance

         must be obtained annually in order to receive a Certificate of

         Compliance.  If abatement occurs, they must be obtained every

         three years.  If no lead based paint is found in the initial

         inspection or all lead based paint is fully abated, then no further

         lead inspections or risk assessments are required.

 

X.       Who can perform the Lead Inspection and Risk Assessment

         and Lead Clearance?

 

         These services must be performed by a Lead Inspector/Risk

         Assessor certified by the State of Michigan, Michigan

         Department of Community Health.  You can find a complete

         listing of certified and licensed Lead Inspector/Risk Assessors.

 

XI.      What is the cost of a Lead Inspection/Risk Assessment?

 

          Approximately $450-$600 for a single family home (Costs can

          vary based on size, number of rooms, and age of the house.)

 

XII.     What is the cost of a Lead Clearance examination?

 

          Approximately $200-$300 for a single family home (Costs can

          vary based on the number of wipe samples needed for the

          clearance.)

 

XIII.   What is the difference between Interim Controls and

          Abatement?

         Interim controls means a set of measures designed to

         temporarily reduce human exposure or likely exposure to

         lead-based paint hazards including, but not limited to, specialized

         cleaning, repairs, maintenance, painting, temporary containment,

         ongoing monitoring of lead-based paint hazards or potential

         hazards, and the establishment and operation of management and

         resident education programs.

 

         Abatement includes all of the following:  The removal of

         lead-based paint hazards and dust lead hazards, the permanent

         enclosure (using a rigid material, such as dry wall, and

         mechanically attaching it and caulking all seams) or

         encapsulation of lead-based paint (using encapsulants approved

         by the State of Michigan), the replacement of lead-painted

         surfaces or fixtures, the removal or covering of soil lead hazards,

         and all preparation, cleanup, disposal, and post-abatement

         clearance testing activities associated with such measures.  All

         abatement work must be performed by a state certified lead

         abatement firm.  A project resulting in the permanent elimination

         of lead-based paint hazards, conducted by a person certified

         pursuant to the Michigan Lead Abatement Act, being MCL

         333-5451 et seq, (the Act)

 

XIV.  Who can perform Interim Controls or Abatement?

 

         Interim Controls must be performed by a certified renovator.  An

         accredited training program for which the State of Michigan

         Department of Community Health has issued a certificate to

         perform renovations, or who directs or subcontracts to others

         under their supervision to perform renovations.

 

         Abatements must be performed by a certified abatement worker

         means an individual who has been trained to perform abatement

         by an accredited training program and who is certified by the

         Michigan Department of Community Health to perform

         abatement.

 

XV.   Can I do the work myself?

 

         As a rental property owner, you must be trained as a Certified

         Renovator in order to perform Interim Controls, or Renovations

         that disturb more than 6 square feet of paint per room or 20

         square feet on the exterior of your rental property.  To become

         a Certified Renovator, you or one of your staff must take the

         8-hour Renovate, Repair, and Painting Course (formerly the Lead

         Safe Work Practices Course).  (See Question above).  For a list of

         Certified Renovator Trainers.  For a list of Renovator classes

         currently scheduled in Michigan.

 

         To perform Abatement, you must be trained to perform abatement

         and certified as a certified abatement worker by the Michigan

         Department of Community Health.

 

         For more information regarding how to become certified to do

         Lead Abatement or find currently certified people call

         (517) 335-9390.

 

XVI.What are my next steps?

 

         For each of your rental properties in the City of Detroit do the

         following:

 

        1.      Seek Certificate of Rental Registration - call 313-628-2451

 

        2.      Obtain a Lead Inspection/Risk Assessment

 

        3.      Hire contractor to address the lead hazards listed in the Lead

               Inspection/Risk Assessment Report

 

        4.      Obtain a Lead Clearance and provide it to Buildings and

               Safety Engineering - call 313-628-2451