Petition for Submission of Proposed Ordinance by Initiative Petition
Pursuant to the Charter of the City of Cleveland, Chapter 7
To be signed by five thousand (5,000) qualified electors of the City of Cleveland.

To the Council, the legislative authority of the City of Cleveland, Ohio through
its Clerk​:
WHEREAS, lead is a heavy-metal toxin that can cause irreversible effects on
human health, particularly in young children who ingest the toxin while their brains and
bodies are still developing; and
WHEREAS, homes and buildings constructed prior to 1978 are at risk of having
lead hazards in the environment, particularly from paint and dust; and
and

WHEREAS, the majority of the housing stock in the City was built prior to 1978;

WHEREAS, parents or immediate family members are incentivized through
familial bonds to make a home lead safe for children, marking arms-length rental
transactions particularly high risk; and
WHEREAS, properties with ten or more units can be reasonably determined to
be lead safe through representative lead risk assessment sampling paired with visual
assessments of each unit; and
WHEREAS, the City believes that to bring a lead safe requirement in line with
penalties for other housing code violations, a fine structure must be included alongside
incentives to property owners to make their homes lead safe; and
WHEREAS, the City believes fifth and subsequent violations of the lead safe
standard should be penalized at a higher rate than initial violations because landlords
with five or more lead safe violations are placing a greater number of children at risk;
and
WHEREAS the City believes that in order to properly monitor the implementation
of this legislation, a Lead Advisory Board must be formed of individuals who have a a
known interest in public health, reducing lead poisoning and/or improving Cleveland's
housing stock; and
WHEREAS, lead hazards are a nuisance pursuant to Section 240.02 of the
Codified Ordinances of the City; and
WHEREAS, the uncontrolled lead hazards in the City’s rental housing stock and
day care facilities injure the City’s children; and
WHEREAS, this ordinance constitutes is required for the immediate preservation
of the public peace, property, health, safety, or welfare in that the City must take

 proactive measures to make residential rental properties and day care facilities lead
safe to prevent children becoming poisoned; now, therefore,
BE IT ORDAINED BY THE PEOPLE OF THE CITY OF CLEVELAND:
That Sections 365.01 through 365.07, Section 367.99, Sections 240.01 through 240.09,
Section 240.99, and Section 227.03 of the Codified Ordinances of the City of Cleveland,
1976, as amended by various ordinances, be amended and changed to read as
hereinafter set forth.
Section 365.01

Certificate of Rental Registration Required

(a) For purposes of this chapter, a rental unit is defined as any part of a building
being used, designed or intended to be used as an individual's private residence. A
rental unit includes a unit occupied by one (1) or more persons regardless of whether
the occupant pays rent or provides anything else of value to the titled owner in
consideration for occupying the structure. A unit is not considered a rental unit if the
titled owner is one (1) of the occupants.
(b) For the purposes of this chapter, immediate family is defined as an
individual’s spouse, child, parent, stepparent, grandparent, grandchild, brother, sister,
parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, first cousin, or
the spouse or guardian of any of the individuals described in this definition.
(c) For the purposes of this chapter, a multi-unit rental building is a building that
contains more than ten (10) rental units.
(d) No owner of rental units shall fail to register with the Department of Building
and Housing all rental units that the owner owns. Failure to register each rental unit is a
separate violation. Failure to register each rental unit is a violation that materially
affects health and safety for the purposes of RC 5321.04(A)(1).
Section 365.02

Issuance of Certificate of Rental Registration;
Revocation

(a) Application for a certificate of rental registration required by the provisions
of this Housing Code shall be made annually, on or before March 1st on forms supplied
by the Director of Building and Housing. Information to be supplied on an application
shall include, but is not limited to, the following:
(1) The name, address, and telephone number of the owner or owners of
the premises. In the case of a partnership, the names, addresses, and telephone
numbers of all general partners. In the cases of a corporation, the names,
addresses, and telephone numbers of the current statutory agent and all
corporate officers of the corporation. The address for corporations and
partnerships shall be the principal place of business and the address for persons
shall be the home address;

 (2) The name, address, and telephone number of the managing agent of
the premises, if any. In the case of a partnership, the names, addresses, and
telephone numbers of the current statutory agent and all corporate officers of
the corporation. The address for corporations and partnerships shall be the
principal place of business and the address for persons shall be the home
address.
(3) A certification that,
A. One or more of the premises’ titled owners are the immediate
family of one or more of the premises’ current occupants as of the date of
application;
B. The premises has been determined to be lead safe pursuant to
the standard outlined in Chapter 240.08 in which case the passing lead
risk assessment or clearance examination dated within two (2) years of
the date of application shall be attached to the application;
C. The premises has not been determined to be lead safe;
D. The premises is part of a multi-unit building, and at least ten
(10) percent of the units, rounded up to the nearest whole number, as
chosen by the certified lead risk assessor, have been determined to be
lead safe pursuant to Chapter 240.08(b) without the finding of any lead
hazards, in which case the passing lead risk assessment(s) dated within
two (2) years of the date of application for at ten (10) percent of the
units, rounded up to the nearest whole number shall be attached to the
application along with a passing visual assessment of the premises within
the meaning of OAC 3701-32-01(WWW) dated within two (2) years of the
date of application and conducted by a certified lead risk assessor, lead
inspector or clearance technician. If the lead risk assessment of a rental
unit in a multi-unit building identifies lead hazards, no rental unit in the
building may certify under Section 365.02(a)(3)(D);
E. The premises has been determined to be lead free, in which
case a report dated within twenty (20) years from the date of application
shall be attached to the application certifying that the property has been
found to be lead free by a licensed lead inspector certified under the
Federal certification program or under a federally accredited State or tribal
certification program; or
F. The premises was built on or after January 1, 1978, in which
case documentation from Cuyahoga County showing the structure’s age
shall be attached to the application. For the purposes of this section,
“built” means that the construction permit was obtained, or if no permit
was obtained, construction started on or after January 1, 1978.

 (b) If the owner of a rental unit resides or is located outside of Cuyahoga
County, the owner shall designate in his or her application the name, current address,
and telephone number of an agent who is a natural person and who resides within
Cuyahoga County, and who is authorized by the owner to receive service of a Notice of
Violation on the owner's behalf. An agent designated under this section shall be of
sound mind and at least eighteen (18) years of age. It is the owner's obligation to
notify the Director of Building and Housing, in writing, of any change in the name,
address, and/or telephone number of any agent designated.
(c) Upon registration, the Director of Building and Housing shall issue a
certificate of rental registration containing the following:
(1) The street address or other identifying characteristics of the building
or other structure;
(2) The name, address, and telephone number of the owner or owners of
the premises. In the case of a partnership, the names of all general partners;
(3) If the record owner is a corporation, the names, addresses and
telephone numbers of the current statutory agent and all corporate officers of
said that corporation;
(4) The name, address and telephone number of the managing agent of
the premises, if any;
(5) The name, address (including the dwelling unit, apartment or room
number), and telephone number of the superintendent, custodian, or other
individual employed by the owner or managing agent to provide regular
maintenance services, if any;
(6) The name, address, and telephone number of an individual
representative of the owner or managing agent who may be reached or
contacted at any time in the event of an emergency affecting the premises of
any rental unit in that structure, including such emergencies as the failure of a
utility system or service, and who has the authority to make emergency decisions
concerning the building including its repairs or expenditures;
(7) The district, ward, and census tract in which the structure is located;
(8) The use and occupancy authorized.
(9) The status of the building as
A. exempt from lead safe status under 365.02(a)(3)(A);
B. lead safe under 365.02(a)(3)(B);
C. not lead safe under 365.02(a)(3)(C);

 D. part of a multi-unit building for which a representative sample of
units within the building has been determined to be lead safe under
365.02(a)(3)(D);
E. lead free under 365.02(a)(3)(E); or
F. exempt from lead safe status due to the structure’s age under
365.02(a)(3)(F).
(d) Copies of all applications and certificates of rental registration shall be kept
on file by the Director of Building and Housing as a public record, except those portions
that are prohibited from being released by state or federal law.
(e) The Director of Building and Housing has the power to revoke a certificate of
rental registration if the applicant makes any false statement in connection with such
registration, or if the structure that was covered by it is no longer in compliance with
the requirements of this Code, or if the owner, agent, or person in charge of a structure
refuses to comply with any provision of this Code required for the use, maintenance
and/or occupancy of a structure. To maintain the certificate, the owner shall continue to
meet the disclosure requirements of section 240.06. If the Director revokes a
certificate of rental registration, the owner may appeal the Director's action to the
Board of Zoning Appeals, established pursuant to Charter Section 7
​ 6-6​. Notice of such
appeal shall be in writing and shall be filed with the Board within ten (10) days from the
date of the Director's action. The Board may sustain, disapprove or modify the
Director's action, and the Board's decision shall be final.
(f) An owner of a structure shall give prompt notification of a change in the
name, address and/or telephone number of a corporation, partnership or person listed
on a certificate of rental registration under division (c)(2) through (c)(6) of this section
to the Director of Building and Housing within seven (7) days after the change occurs.
An owner of a premises shall give prompt notification of a change in the lead safety
status of the rental registration under division (c)(9) within seven (7) days after the
change occurs. If the owner fails to give written notification as required in this section,
then the Director may revoke the certificates of rental registration until such time that
the owner has provided in writing the changed name, address, telephone number,
and/or lead safety status.
(g) C
​ onflict of Interest. T
​ he lead risk assessor, lead risk investigator or clearance
technician certifying that the premises is lead safe may be provided by the Department
of Building and Housing as part of the rental inspection outlined in Section 365.04, may
be provided by another state or federal governmental entity, or may be hired directly by
the owner or manager of the premises. However, a rental registration certificate is not
valid unless the lead risk assessor, lead risk investigator or clearance technician
certifying that the premises is lead safe meets the following criteria:
(1) The assessor or technician is not the owner or manager or an
immediate family member, agent or employee of the owner or manager;

 (2) The assessor or technician is not part of a company or associated with
a company that is directly or beneficially owned, controlled or managed by the
owner or manager, or by an immediate family member, agent or employee of
the owner or manager;
(3) The assessor or technician is not a person hired by or under contract
with the owner to manage or maintain the owner’s real property as directed by
the owner;
(4) The assessor or technician is not a person who has been authorized by
the owner to manage or maintain the owner’s real property on the owner’s
behalf;
(5) The assessor or technician is not a person who has a financial interest
in the laboratory results of the sampling or testing or in the determination of
whether the premises meets the applicable standards.
In addition to revocation of the certificate of rental registration, whoever violates
division (f) or (g) of this section shall be fined not more than two hundred dollars
($200.00). Each three (3) month period during which the violation continues is a
separate offense.
Section 365.03

Deadlines

After March 1, 2021, no owner of rental units shall fail to certify each rental unit
as either exempt from lead safe status under 365.02(a)(3)(A), lead safe under
365.02(a)(3)(B), part of a multi-unit building for which a representative sample of units
within the building has been determined to be lead safe under 365.02(a)(3)(D), lead
free under 365.02(a)(3)(E), or exempt from lead safe status under 365.02(a)(3)(F).
Failure to certify each rental unit as either exempt from lead safe status under
365.02(a)(3)(A), lead safe under 365.02(a)(3)(B), part of a multi-unit building for which
a representative sample of units within the building have been determined to be lead
safe under 365.02(a)(3)(D), lead free under 365.02(a)(3)(E), or exempt from lead safe
status under 365.02(a)(3)(F) is a separate violation. A violation of this section
materially affects health and safety for the purposes of RC 5321.04(A)(1).
Section 365.04

Inspections; Right of Entry

(a) All rental units shall be subject to inspection for the purpose of determining
compliance with the provisions of this Code and all other applicable laws, ordinances,
rules and regulations. Inspections shall be conducted in accordance with the rental unit
inspection schedule established by the Director of Building and Housing.
(b) When the Department of Building and Housing conducts either a lead risk
assessment or a lead clearance examination under this section, the Department may
assess fees on the unit’s owner of up to two times the current market rate for the
inspection procedure conducted, as set on a quarterly basis by the Lead Advisory Board
under Section 240.10(d)(3).

 (c) The Director of Building and Housing and his or her duly authorized agents or
inspectors may enter at reasonable times any rental unit registered under this Chapter
in accordance with the right of entry defined in C
​ hapter 367​ of this Code.
Section 365.05

Fees

(a) An application for a certificate of rental registration shall be accompanied by
a nonrefundable fee calculated under the following schedule:
For Each Unit: Seventy dollar ($70.00) Rental Registration Fee.
(b) Rental unit exemptions:
(1) No fee shall be charged for a unit occupied by the owner.
(2) No fee shall be charged for a unit for which the owner does not
receive rent or anything else of value.
(3) No fee shall be charged for a unit certified as lead safe or lead free
under 365.02(a)(3)(B), 365.02(a)(3)(D) or 365.02(a)(3)(E) so long as the
certified lead risk assessor, lead inspector or clearance technician certifying that
the home is lead safe or lead free was not provided by the Department of
Building and Housing as part of a rental inspection.
(4) The Director of Building and Housing shall create rules and regulations
establishing guidelines for fee exemptions.
(c) No fees shall be collected from any one (1) owner for all properties owned by
that owner within the City in excess of thirty thousand dollars ($30,000.00) per
calendar year.
(d) A certificate may be renewed prior to expiration on application and payment
of the fee described above. A certificate that has expired may be renewed on payment
of an additional fee of one hundred dollars ($100.00).
Section 365.06

Rental Registry

The Department of Building and Housing will set up a rental registry and will
coordinate efforts and share the information in the registry with the City Department of
Public Health. Certificates of rental registration will also be accessible to the public.
Certificates of rental registration must be available to residents through a publicly
accessible website. The digital version of the rental registry must be searchable by
address and zip code.
Section 365.07

Reserved

Section 367.99

Penalty

 (a) Whoever violates any provision of this Housing Code for which no other
penalty is provided shall be guilty of a misdemeanor of the first degree. Each day of a
continuing violation shall be deemed a separate offense.
Whoever causes or permits the continuation of any violation of this Code or
any rule or regulation promulgated hereunder or fails to comply with this Housing Code
or with any written notice or written order issued hereunder, subsequent to conviction
therefore shall be liable for further prosecution, conviction and punishment upon the
same order or notice without the necessity of issuing a new order or notice, until full
compliance has been had on such order or notice upon which the original conviction
was had.
(b) Whoever violates Section 3
​ 67.11​ shall be guilty of a misdemeanor of the third
degree.
(c) Whoever violates Section 3
​ 67.12​ or 3
​ 67.13​ shall be guilty of a misdemeanor
of the first degree.
(d) Whoever violates Section 3
​ 71.01​ shall be guilty of a misdemeanor of the first
degree. Each day of a continuing violation shall be deemed a separate offense.
(e) Whoever violates Sections 3
​ 65.01​, 3
​ 69.13​, 3
​ 69.14​, 3
​ 69.15​, 3
​ 69.16​, 3
​ 69.17​,
369.18​, 3
​ 69.19​, 3
​ 71.05​, 3
​ 71.07​, 3
​ 71.10​ or 3
​ 71.13​ or Section 3
​ 69.08​ as a first offense
shall be guilty of a minor misdemeanor. In addition to any other method of
enforcement provided for in this chapter, the above listed minor misdemeanors may be
enforced by the issuance of a citation in compliance with Rule 4.1 of the Ohio Rules of
Criminal Procedure.
Whoever violates Sections 3
​ 92.02​, 3
​ 92.021​, 3
​ 92.03​, 3
​ 92.04​, or 3
​ 92.05​ is subject
to the penalty established in Section 3
​ 92.99​ of these Codified Ordinances. In addition to
any other means of enforcement provided for in these Codified Ordinances by statute,
Sections 3
​ 92.02​, 3
​ 92.03​, 3
​ 92.04​, 3
​ 92.05​ or 3
​ 92.06​ may be enforced by the issuance of
a citation in compliance with Rule 4.1 of the Rules of Criminal Procedure, provided that
the offense is a minor misdemeanor.
(f) Whoever violates Section 3
​ 69.08​ as a second offense of that section shall be
guilty of a misdemeanor of the fourth degree. Whoever violates Section 3
​ 69.08​ as a
third or subsequent offense of that section shall be guilty of a misdemeanor of the first
degree.
(g) Whoever violates Section 365.03 shall be guilty of a misdemeanor of the third
degree. Each three (3) month period during which the violation continues is a separate
offense. Whoever violates Section 356.03 as a fifth or subsequent offense shall be
guilty of a misdemeanor of the first degree. For fifth and subsequent offenses, each
three (3) month period during which the violation continues is a separate offense.
(h) A court of competent jurisdiction may require whoever is convicted of or
pleads guilty to a violation of this Housing Code to pay to the City's Department of

 Building and Housing, fees for inspections of violation that have not been remedied,
which fee is described in Sections ​367.08​ and ​3105.26​, and the expenses or costs
incurred under the provisions for demolition or boarding contained in the Housing Code.
Section 240.01

Definitions

The definitions contained in RC 3742.01, and OAC 3701-30-01 and 3701-32-01
shall be used in this chapter and supplemented as follows:
(a) “Commissioner” means the Commissioner of the Division of the Environment
of the City unless otherwise expressly specified.
(b) “Department” means the City Department of Public Health unless otherwise
expressly specified.
(c) “Landlord” has the meaning described in division (b) of Section 375.01 of the
Codified Ordinances.
(d) “Lead abatement” means a measure or a set of measures, designed for the
single purpose of permanently eliminating lead hazards. “Lead abatement” includes all
of the following:
(1) Removal of lead-based paint and lead- contaminated dust;
(2) Permanent enclosure or encapsulation of lead-based paint;
(3) Replacement of surfaces or fixtures painted with lead-based paint;
(4) Removal or permanent covering of lead- contaminated soil;
(5) Preparation, cleanup, and disposal activities associated with lead
abatement.
“Lead abatement” does not include:
(1) Preventive treatments performed under RC 3742.41;
(2) Implementation of interim controls
(3) Activities performed by a property owner on a residential unit to which
both of the following apply:
A. It is a freestanding single-family home used as the property
owner’s private residence;
B. No child under six (6) years of age who has had lead poisoning
resides in the unit.

 (4) Renovation, remodeling, landscaping or other activities, when the
activities are not designed to permanently eliminate lead-based paint hazards,
but, instead, are designed to repair, restore, or remodel a given structure or
dwelling, even though these activities may incidentally result in a reduction or
elimination of lead-based paint hazards. This definition shall not be interpreted
to exempt any person from any requirement under State or federal law regarding
lead abatement, including lead hazard control orders or requirements for full
abatement of lead-based paint in certain federally-funded projects.
(e) “Lead hazard” means the presence of lead-based paint or lead-contaminated
dust or lead-contaminated soil or lead-contaminated water pipes at levels described as
hazardous in Ohio Administrative Rule 3701-32-19 as that rule exists at the time of
passage of this section or as it may be amended.
(f) “Rental agreement” has the meaning described in division (c) of Section
375.01​ of the Codified Ordinances.
(g) “Target housing” means any housing constructed prior to 1978, except
housing for the elderly or persons with disabilities (unless any child who is less than six
(6) years of age resides or is expected to reside in such housing) or any zero (0)
bedroom dwelling.
(h) “Tenant” has the meaning described in division (e) of section 375.01 of the
Codified Ordinances.
(i) “Zero (0) bedroom dwelling” means any residential dwelling in which the
living area is not separated from the sleeping area. The term includes efficiencies,
studio apartments, dormitory housing, military barracks, and rentals of individual rooms
in residential dwellings.
(j) “Daily rental rate” is the periodic rent amount specified in the rental
agreement divided the number of days in the period for which rent is due. In tenancies
where rent is due on a monthly basis, the daily rental rate is the monthly rent divided
by thirty (30).
Section 240.02

Lead Hazards Are A Nuisance

(a) This Council finds that lead hazards constitute a nuisance.
(b) The Commissioner may determine that a nuisance is required to be
immediately controlled under this section if, in the Commissioner’s opinion, failure to
immediately control the hazard may cause a serious risk to the health of the occupants
of the property. In such a case, the Commissioner may require the owner or manager
of the property to immediately control the nuisance or the Commissioner may, by his or
her authorized representative, immediately control such nuisance.

 Section 240.03

Prohibitions

(a) No person shall do any of the following:
(1) Violate any provision of RC 3742.02 or the rules adopted under it;
(2) Apply or cause to be applied any lead-based paint on or inside a
residential unit, child day- care facility, or school, unless the Ohio public health
council has determined by rule under RC 3742.50 that no suitable substitute
exists;
(3) Interfere with an investigation conducted by the Commissioner, any
person delegated by the Commissioner, any lead inspector or risk assessor.
(b) No person shall knowingly authorize or employ an individual to perform lead
abatement on a residential unit, child day-care facility, or school unless the individual
who will perform the lead abatement holds a valid license issued under RC 3742.05.
(c) No person shall do any of the following when a residential unit, child day-care
facility, or school is involved:
(1) Perform a lead inspection without a valid lead inspector license issued
under RC 3742.05;
(2) Perform a lead risk assessment or provide professional advice
regarding lead abatement without a valid lead risk assessor license issued under
RC 3742.05;
(3) Act as a lead abatement contractor without a valid lead abatement
contractor’s license issued under RC 3742.05;
(4) Act as a lead abatement project designer without a valid lead
abatement project designer license issued under RC 3742.05;
(5) Perform lead abatement without a valid lead abatement worker license
issued under RC 3742.05;
(6) Perform a clearance examination without a valid clearance technician
license issued under RC 3742.05, unless the person holds a valid lead inspector
license or valid lead risk assessor license issued under that section;
(7) Perform lead training for the licensing purposes of this chapter without
a valid approval from the director of health under RC 3742.08;
(8) Perform interim controls without complying with 24 C.F.R. Part 35.
(d) No person shall manufacture children’s toys or children’s furniture that has
paint containing lead equal to or in excess of one (1.0) mg/cm​2​ (milligram per square

 centimeter), one-half of one percent (0.5%) by weight, or five thousand (5,000) parts
per million (ppm) by weight.
(e) No person shall sell or hold for sale a children’s toy or children’s furniture that
has paint containing lead equal to or in excess of one (1.0) mg/cm​2​ (milligram per
square centimeter), one-half of one percent (0.5%) by weight, or five thousand (5,000)
parts per million (ppm) by weight.
(f) No person shall perform lead abatement, or any exterior power-assisted
and/or manual lead-based paint removal, on any target housing located in the City
without first obtaining a permit from the Commissioner of Licenses and Assessments as
described in Section ​240.05​ of the Codified Ordinances.
(g) No person shall sell or lease target housing in the City of Cleveland unless
the owner, lessor, and agent of the target housing meets all applicable requirements of
Section 2
​ 40.06​ of the Codified Ordinances regarding disclosures of lead hazards.
(h) No person renovating target housing in the City of Cleveland shall fail to
comply with the Pre- Renovation Lead Information Rule in Section 2
​ 40.07​ of the
Codified Ordinances.
(i) No owner or manager of a retail or wholesale outlet of paint and
paint-removal products shall violate division (b) of Section ​240.07​ by failing to provide
an EPA-approved Lead Hazard Information Pamphlet or Fact Sheet.
(j) All power-assisted methods of lead-based paint removal are hereby
prohibited, unless the method is such that all dust and debris is immediately captured
within a closed container which prevents lead- contaminated debris from escaping into
the environment. No lead-based paint removal shall be conducted whereby the method
of collection of dust and debris is captured solely by ground tarpaulins, draped
scaffolding and other types of barriers after the dust and debris has been released into
the environment. Open flame burning is prohibited under any circumstances. Persons
performing interim controls shall comply division (c)(8) of Section ​240.03​ of these
Codified Ordinances.
(k) No power-assisted lead-based paint removal shall be performed, unless:
(1) The area from which the lead-based paint is to be removed is first
shielded with tarpaulins or other screening to prevent vapor, water, dust and
debris from escaping into the environment; and
(2) Plastic disposable cloths are first spread at least ten (10) feet from the
foundation below the surface upon which the lead-based paint removal is being
performed and on sides adjacent to said surface. The drop cloths shall be
attached, when possible, to the foundation of the residential structure in order to
collect any debris and residue; and

 (3) All vents, windows and other areas through which air may enter the
residential structure upon which the lead-based paint is being removed, shall be
closed to prevent infiltration of any dust or debris.
(l) No manual exterior lead-based paint removal shall be performed unless plastic
disposable cloths are first spread at least ten (10) feet from the foundation below the
surface upon which the lead-based paint removal is being performed and on sides
adjacent to said surface. The drop cloths shall be attached, when possible, to the
foundation of the residential structure in order to collect any debris and residue.
(m) No interior lead-based paint removal shall be performed without first
spreading plastic disposable drop cloths on the floor in an area sufficiently large to
collect all debris and residue.
(n) Following the completion of each day’s lead- based paint removal:
and

(1) All drop cloths shall be carefully wet wiped, rolled up and disposed of;

(2) All paint or paint dust shall be removed from the premises, adjacent
property and public rights of way, and whenever possible, through the use of
wet methods.
Section 240.04​

Secondary Prevention

(a) When the Commissioner becomes aware that an individual under six (6)
years of age has lead poisoning, the Commissioner is authorized to conduct an
investigation or lead risk assessment in accordance with the requirements of OAC
Chapter 3701.
(b) In conducting the investigation, the Commissioner may request permission to
enter, or for a lead inspector or risk assessor to enter, the residential unit, child
day-care facility, or school that the Commissioner suspects to be the sources of the lead
poisoning. If the Commissioner or delegated lead inspector or risk assessor is unable to
obtain permission to enter the property, either may apply for an order of court to enter
the property.
(c) As part of the investigation, the Commissioner may review the records and
reports, if any, maintained by a lead inspector, lead abatement contractor, lead risk
assessor, lead abatement project designer, lead abatement worker, or clearance
technician.
(d) When the Commissioner determines, as a result of an investigation and/or
risk assessment conducted under division (a) of this section, that a residential unit, child
day-care facility, or school are contributing to a child’s lead poisoning, the
Commissioner is authorized to issue an order, in accordance with OAC Chapter 3701, to
have each lead hazard controlled.

 (e) No person shall fail to comply with an order issued by the Commissioner
under division (d).
Section 240.05​

Lead Abatement and Lead-Paint Removal Permit Required;
Application; Fees; Permit Suspension or Revocation

(a) The Commissioner of Environment is authorized to establish a program for
the loaning of equipment, at no cost, for the removal of lead hazards in the City of
Cleveland and is authorized to enter into contracts, as approved by the Director of Law,
for the purpose of loaning the equipment.
(b) No person shall perform any lead hazard abatement or any exterior
power-assisted and/or manual lead-based paint removal on target housing located in
the City without first obtaining a permit from the Commissioner of Assessments and
Licenses. For purposes of section, ‘target housing’ includes all secondary or appurtenant
structures that were constructed prior to 1978 and are on the parcel upon which the
target housing is located. A permit is not required under this section if all of the
following apply: (1) the person uses the target housing as their personal residence; (2)
the person personally performs, or performs with the assistance of only members of his
or her family or household, only manual exterior lead- based paint removal on the
structure on the property; (3) no child under six (6) years of age who has lead
poisoning resides in the structure.
(c) The commissioners and inspectors of the Division of Environment and
Department of Building and Housing are authorized to issue an order to immediately
stop working to any person performing work that requires a permit that has not
obtained a permit or to any person performing work in violation of any prohibition in RC
Chapter 3742 or this chapter of the Codified Ordinances.
(d) A person shall immediately stop performing lead hazard abatement or
reduction activities when ordered to do so under subsection (c). A person shall not
resume such activities except in accordance with all terms and conditions of a valid
permit for paint removal and until their practices conform to all applicable standards
and methods prescribed in RC Chapter 3742.
(e) P
​ ermit Application; Fees.
(1) Every person who is required to obtain a permit under this section
shall make application to the Commissioner of Assessments and Licenses upon
forms to be prescribed by the Commissioner of Environment. The forms shall
include:
A. The name and address of each applicant, and if the applicant is
a partnership, the principle address of the partnership, and the name and
address of each partner, and if the applicant is a corporation, the principle
address of the corporation, the state of incorporation, the corporate

 federal identification number and the name and address of the
corporation’s statutory agent;
B. The address of the residential unit where the lead-hazard will be
removed;
C. A description of the method by which the lead-hazard will be
removed;
D. Any other information required by the Commissioner.
E. An applicant may file a single permit application for more than
one (1) residential unit if the application contains all of the information
required by division (e)(1) of this section with respect to each separate
residential unit.
F. The permit fee is fifteen dollars ($15.00) for each separate
residential structure from which lead-contaminated paint is to be
removed.
G. Upon receipt of a completed application and permit fee, the
Commissioner of Assessments and Licenses shall issue the permit and a
copy of the application and permit shall be provided to the Commissioner
of the Environment.
H. A permit, issued under this section, shall expire six (6) months
from the date that it is issued. An applicant may apply for an extension
that may be granted.
(2) The Commissioner of Licenses and Assessments shall notify the
Director of Building and Housing of any permits issued under this section.
(f) P
​ ermit Suspension or Revocation.
(1) The Commissioner of Licenses and Assessments shall suspend or
revoke any permit issued under this chapter, upon the recommendation and
order of the Commissioner, for violation or failure to comply with the provisions
of this chapter, or the Ohio Revised Code.
(2) Any person may appeal the denial, suspension or revocation of a
permit for the removal of lead-based paint to the Board of Zoning Appeals,
established under Charter Section 7
​ 6-6​, provided that written appeal is filed with
the Board Secretary within ten (10) days of the date the decision being appealed
was made.
(3) If a person appeals in accordance with subsection (2), the Board shall
conduct a hearing and render a decision in accordance with City ordinances and

 regulations described in this chapter and those governing its conduct and
procedure.
(g) For work requiring a permit under this chapter, each permittee shall provide
seven (7) days advance written notice to all occupants of residential structures on
which lead-based paint is to be removed, and to all occupants of residential structures
which are within thirty (30) feet of the residential structure on which the lead-based
paint is to be removed. The notice shall be as prescribed by the Commissioner and shall
include, at a minimum, the address at which the lead- based paint will be removed, the
date of commencement of the lead-based paint removal, the anticipated length of the
removal, and the method by which the lead-based paint will be removed. The notice
shall include a copy of the Lead-Based Paint Hazards Health and Safety Fact Sheet as
prescribed by the Commissioner.
(h) All contractors, on the signing of a contract for the removal of lead-based
paint from a residential structure shall provide, with the contract, a Lead-Based Paint
Hazards Health and Safety Fact Sheet.
(i) Owners of occupied residential structures and/or contractors planning any
construction, repair, rehabilitation, renovation, or maintenance work that involves the
disturbance of lead-based paint in any occupied residential structure shall, seven (7)
days prior to the work’s initiation, distribute the Lead-Based Paint Hazards Health and
Safety Fact Sheet to all affected occupants.
(j) The notice required under this section does not relieve any person from
compliance with any other notice requirements under State or federal law, including
when notice is required in a hazard control order.
Section 240.06

Disclosures In Sale or Lease of Target Housing
Regarding Lead Hazards

(a) ​Disclosure in Purchase or Lease of Target Housing.
(1) To ensure the application of their requirements to the sale or lease of
target housing in the City limits, the rules and regulations that are promulgated
by the Secretary and the Administrator of the Environmental Protection Agency
under the Residential Lead-Based Paint Hazard Reduction Act of 1992, 42 U.S.C.
4852d, and their successor regulations, are adopted and incorporated into this
code as these rules and regulations exist at the time of passage of this chapter
or as they may be amended. Before a purchaser or tenant is obligated under any
contract to purchase or rental agreement to lease the target housing, the seller
or lessor shall perform the activities and provide the disclosures described in this
section.
A. Provide the purchaser or tenant with an EPA-approved lead
hazard information pamphlet;

 B. Disclose to the purchaser in writing in the sales contract, or
tenant, both orally and in writing in the rental agreement, all of the
following: (i) the presence of any known lead-based paint, or any known
lead hazards, in the housing; (ii) any additional information available
concerning the location of the lead-based paint and/or lead hazards, and
the condition of the painted services; (iii) whether the property owner has
a current Lead Maintenance Certificate or Lead- Based Paint Free
Certificate and the length of time of its coverage; (iv) provide to the
purchaser or tenant any records or reports (including notices or letters of
violation) available pertaining to lead-based paint hazards or lead hazards
in the target housing, including regarding common areas; and (v) records
or reports regarding other residential dwellings in multi-family target
housing, provided that the information is part of an evaluation or
reduction of lead-based paint and/or lead hazards in the target housing;
C. Permit the purchaser a ten (10) day period (unless the parties
mutually agree in writing upon a different period of time or to waive this
requirement) to conduct a lead risk assessment or lead inspection for the
presence of lead paint or lead hazards;
D. Include in the contract for sale or rental agreement for lease the
Lead Warning Statement prescribed in 40 C.F.R. 745.113;
E. Include in the contract for sale or rental agreement for lease
acknowledgments that the pamphlet, disclosures, ten (10) day period (if
required) and warning required were provided.
(2) Discovery of Lead Hazard Prior to the Expiration of a Lease. If the
owner of a residential unit learns of the presence of lead paint prior to the
expiration of a lease, the owner shall notify each tenant of the presence of lead
paint within ten (10) days of discovering its presence. In addition, the owner
shall provide each tenant with a Lead Warning Statement and the lead hazard
information pamphlet, as prescribed by 42 U.S.C. 4852d.
(3) Compliance Assurance. The rules and regulations requiring the agent,
on behalf of the seller or lessor, to assure compliance with the requirements
issued under the Residential Lead-Based Paint Hazard Reduction Act of 1992, 42
U.S.C. 4852d, and their successor regulations, are adopted and incorporated into
this code as these rules and regulations exist at the time of passage of this
chapter or as they may be amended, and apply to an agent whenever a seller or
lessor has entered into a contract with the agent for the purpose of selling or
leasing a unit of target housing in the City limit. An agent is defined as any party
who enters into a contract with a seller or lessor, for the purpose of selling or
leasing pre-1978 housing.
(b) P
​ enalties for Violations.

 (1) Criminal Penalty. Any person who knowingly fails to comply with a
provision of this section shall be subject to the penalties provided in Section
240.99​ of the Codified Ordinances.
(2) The Director of Public Health or Commissioner is authorized to take
lawful action as may be necessary to enforce this section or to enjoin any
violation of it.
(3) Civil Liability. As provided in the Federal Residential Hazard Reduction
Act at 42 U.S.C. 4852d(b), any person who violates any provision of this section
will be jointly and severally liable to the purchaser or lessee in an amount equal
to three (3) times the amount of damages incurred by the individual or damages
of not less than $100.
(4) In any action brought for damages under this section, the appropriate
court may award court costs to the party commencing the action, together with
reasonable attorney fees and any expert witness fees, if that party prevails.
(5) A non-profit environmental health or housing rights organization is
authorized to bring an action under division (b)(3) of this section on behalf of an
aggrieved individual or individual(s) for violations of this section. Such
organization may recover its costs under the remedies provided in divisions
(b)(3) and (b)(4) of this section if the organization demonstrates that it has
exerted organizational resources, including staff time, to investigate the alleged
non-compliance with this section.
(c) V
​ alidity of contracts for purchase and sale and liens.​ Nothing in this section
may affect the validity or enforceability of any sale or contract for the purchase and sale
or lease of any interest in residential real property or any loan, loan agreement,
mortgage, or lien made or arising in connection with a mortgage loan, nor may
anything in this section create a defect in title.
(d) D
​ isclosures Of Rental Registration Status at the Point of Lease. A
​ s of March
1, 2020, when signing a lease for any premises in the City of Cleveland, the owner or
manager shall disclose the premises’ rental registration status under 365.02(c)(9) as
lead safe, lead free, not lead safe, or exempt from lead safe registration using the
disclosures approved by the Lead Advisory Board. If the premises is not on the rental
registration, the owner or manager shall disclose the premises status as not on the
rental registration using the disclosures approved by the Lead Advisory Board.
(e) D
​ isclosures Of Rental Registration Status at the Point of Advertisement​. As of
March 1, 2020, when making any written advertisement, including on digital platforms,
offering to rent any residential rental property, the property’s lead status on the rental
registry must be disclosed in the advertisement. If the property is not on the rental
registry or the rental registry certification does not reflect a lead status under
365.02(c)(9), the advertisement must state that the premises has not been determined
to be lead safe.

 Section 240.07

Pre-Renovation Lead Information Rule; Paint Outlet
Information Rule

(a) To ensure the application of the requirement of the federal Pre-Renovation
Lead Information Rule to the renovation of pre-1978 housing in the City limits, the rules
and regulations promulgated under that rule and found at 40 C.F.R. Part 745, Lead;
Requirements for Hazard Education Before Renovation of Target Housing, are adopted
and incorporated into this Health Code as they exist at the time of passage of this
chapter or as they may be amended.
(b) All retail and wholesale outlets of paint and paint removal products shall
distribute an EPA- approved lead hazard information pamphlet or Lead- Based Paint
Hazards Health and Safety Fact Sheet approved by the City of Cleveland Department of
Public Health to each purchaser of said products.
Section 240.08

Proof of Lead Safety

(a) P
​ resumption of Lead-based Paint and Proof of Lead-free Property​. For the
purposes of this chapter, all paint on the interior or exterior of any rental unit as
defined in 365.01(a) on which the original construction was completed prior to January
1, 1978, shall be presumed to be lead-based. This presumption may be rebutted if a
licensed lead inspector certified under the Federal certification program or under a
federally accredited State or tribal certification program issues a report certifying that
the property is free of lead-based paint.
(b) I​ nitial Determination of Lead Safety​.​ ​To determine for the first time that a
rental unit as defined in Section 365.01(a) of the Codified Ordinances, a day care center
as defined in 227.01 of the Codified Ordinances, or any other premises is lead safe, the
owner or manager shall do the following:
(1) Have a lead risk assessor certified pursuant to OAC 3701-32-07
conduct a lead risk assessment of the premises as described in OAC
3701-32-07(G), except that
A. The lead risk assessor does not need to complete a
questionnaire as required by OAC 3701-32-07(G)(1);
B. The lead risk assessor may presume that deteriorated paint is a
lead hazard, in place of the testing requirements of OAC
3701-32-07(G)(4);
C. The lead risk assessor may presume that bare soil is a lead
hazard, in place of the testing requirements of OAC 3701-32-07(G)(8);
D. If the lead risk assessor identifies a lead hazard in the section of
the report mandated by OAC 3701-32-07(G)(10)(n), the report must
prominently state on the first page that premises is “not lead safe.” If the
lead risk assessor does not identify any lead hazards in the section of the

 report mandated by OAC 3701-32-07(G)(10)(n), the report must
prominently state on the first page that the premises is “lead safe.”
(2) If the lead risk assessor’s report identifies lead hazards, have a
properly certified individual perform the abatement or non-abatement options for
each identified lead hazard in the lead risk assessor’s report and obtain a
clearance examination as outlined in OAC 3701-32-08 through OAC 3701-32-13.
If the clearance examination finds that all lead hazards identified in the lead risk
assessment have been sufficiently eliminated or controlled, the first page of the
clearance examination shall prominently state that the property is “lead safe.” If
the clearance examination does not find that all lead hazards identified in the
lead risk assessment have been sufficiently eliminated or controlled, the first
page of the clearance examination shall prominently state that the property is
“not lead safe.”
(c) S
​ ubsequent Determination of Lead Safety​. To determine that a property is
lead safe after an initial determination of lead safety as outlined in subsection (b), the
owner or manager shall have a lead clearance technician, lead inspector or lead risk
assessor perform a lead clearance examination pursuant to OAC 3701-32-12. Based on
the results of the clearance examination:
(1) If the premises passes the clearance exam, the clearance examination
report must prominently state on the first page that the premises is “lead safe.”
(2) If the premises fails the lead clearance exam, the owner or manager
must obtain proof of lead safety by following the steps of division (b) of this
section as though the owner or manager were obtaining initial proof of lead
safety
(d) P
​ roof of Lead Safety​: a passing clearance examination and/or lead risk
assessment stating prominently that the property is “lead safe” is proof of lead safety
for the purposes of this Chapter and Chapter 365 of the Codified Ordinances.
(e) L​ egal Presumption​. Proof of lead safety entitles the owner, manager, or
agent of the premises to a legal presumption that the premises does not contain a
lead-based paint hazard and is not the source of lead poisoning for any individuals who
had contact with the premises and who were lead poisoned during the two years after
the date of issuance of proof of lead safety. The legal presumption established under
this section applies to any enforcement action under this Code and is rebuttable in a
court of law only on a showing of clear and convincing evidence to the contrary.
(f) M
​ unicipal Liability. ​The City is enacting and enforcing the provisions of this
chapter only to promote the public health, safety and welfare and for obligations
imposed upon it by the State of Ohio under delegation by the Ohio Department of
Health. It is not assuming, nor is it imposing on its officers and employees, an
obligation for breach of which it is liable in money damages to any person who claims

 that the breach proximately caused injury. In addition, nothing in this chapter may be
interpreted to limit the City’s statutory immunity afforded by RC chapter 2744.
Section 240.09

Enforcement

(a) Whenever the Commissioner of Environment or Director of Building and
Housing or any authorized City officer or employee ascertains either upon information
or by observation or lead inspection, that any provision of this chapter is being or has
been violated, that official may, in writing, notify the owner, manager, or person in
charge that the violation shall be corrected.
(b) In addition to the penalty for a violation of this chapter, whenever the
Commissioner of Environment or Director of Building and Housing or any authorized
City officer or employee ascertains either upon information or by observation or lead
inspection, that the provisions of this chapter are being or have been violated, and the
violation creates a nuisance, which may endanger the health and/or safety of persons,
that official may, in writing, notify the owner or person in charge, that the nuisance
shall be immediately abated. They may also apply any and all remedies found in
Chapter 2
​ 03​ to prevent, terminate or abate the nuisance.
(c) In addition to any penalty for a violation of this chapter, the Commissioner of
Environment or Director of Building and Housing or any authorized officer or employee
they delegate may control such nuisance. The costs and expense of controlling a
nuisance by the Commissioner, or their authorized representative, under this chapter,
may be recovered as provided in RC 715.261, including certifying the costs and
expenses to the County Auditor, to be assessed against the property and made a lien
upon it and collected as other taxes.
(d) The authority described in division (c) to control such nuisance, includes the
authority to order the owner or manager to relocate the occupants of a residential unit,
day-care facility, or school, until the property passes a clearance examination, if the
Commissioner of Environment determines that the health of the occupants may be at
risk during the lead hazard control work. The Commissioner of Environment may
relocate the occupants until the residential unit, child day-care facility, or school passes
a clearance examination. The costs and expense of the relocation may be recovered by
certifying them to the County Auditor, to be assessed against the property and made a
lien upon it and collected as other taxes.
(e) In the event of an actual or threatened violation of this chapter or an
emergency situation, the Director of Law, in addition to other remedies provided by law,
may institute a proper suit in equity or at law to prevent or terminate the violation or
remedy the situation.
(f) In the event of any actual or threatened violations of this chapter, the
Director of Law, in addition to other remedies provided by law, may institute proper suit
in equity or by law to prevent or terminate such violation or to remedy such situation.

 (g) In addition to all other penalties and remedies provided by law, any person
damaged by a nuisance caused by a violation of this chapter may institute a proper
action in equity or by law to prevent or terminate such violation or remedy such
situation.
(h) The City of Cleveland is enacting and enforcing the provisions of this chapter
only to promote the general welfare. It is not assuming, nor is it imposing on its officers
and employees, an obligation for breach of which it is liable in money damages to any
person who claims that such breach proximately caused injury.
Section 240.10

Lead Advisory Board and Evaluation

(a) C
​ reation of the Lead Advisory Board.​ The City shall create a Lead Advisory
Board to monitor the implementation of the changes to Chapter 240, Chapter 365, and
Chapter 227.
(b) C
​ omposition of the Board​.​ ​The Board shall consist of nine (9) members
appointed by the Mayor. Two (2) of the initial members of the Board will be appointed
by the Mayor from nominations made by Cleveland Lead Advocates for Safe Housing
(hereinafter “CLASH”). One (1) of the initial members of the Board will be appointed by
the Mayor from nominations made by the Northeast Ohio Black Health Coalition
(hereinafter “NEOBHC”). Three (3) of the initial members of the Board will be
appointed by the Mayor from nominations made by the Lead Safe Cleveland Coalition
(hereinafter “LSCC”). The other three (3) members will be appointed by the Mayor
without a nominating process. The two (2) members chosen from the CLASH
nominations, two (2) of the members chosen from the LSCC nominations (1) of the
members chosen without a nominating process will serve for an initial two year term.
The other four members will serve an initial four year term. Thereafter, all appointed
members of the Lead Advisory Board shall serve four year terms.
Any position on the Board which was initially appointed from nominations made by
CLASH shall thereafter be appointed from nominations made by CLASH. Any position
on the Board which was initially appointed from nominations made by NEOBHC shall
thereafter be appointed from nominations made by NEOBHC. Any position on the
Board which was initially appointed from nominations made by LSCC shall thereafter be
appointed from nominations made by LSCC. Any position on the board which was
initially appointed by the Mayor without a nominating process shall thereafter be
appointed by the Mayor without a nominating process. If at any time, including during
the initial appointments, the nominating entities fail to offer nominees, the Mayor shall
appoint the board positions without a nominating process.
At least two (2) members of the board shall rent residential real property in the City of
Cleveland and reside in that rental as their primary residence. At least two (2) members
of the board shall own real property in the City of Cleveland subject to registration
under Chapter 365.02. At least two (2) members must work at organizations or public
entities which advocate for public health, civil rights, racial justice or youth
achievement. At least one (1) member of the board shall be a children’s health

 professional with an Registered Nurse, Medical Doctor, Masters of Public Health or
Doctorate of Public Health certification. At least one (1) member of the board shall be
the legal parent or guardian of a child who has had an elevated blood lead level test
above 5 micrograms per deciliter. At least one (1) member of the board shall be a
contractor certified in lead safe renovation, repair and painting.
(c) R
​ eports Issued to the Lead Advisory Board​.​ ​Department of Building and
Housing shall issue reports on a quarterly basis to the Lead Advisory Board regarding
the implementation of changes to Chapter 240 and Chapter 365. The reports shall
include (i) the number of properties that have applied for rental registration under
categories 365.02(a)(3)(A)-(F), (ii) fines assessed and fees collected in connection with
Chapter 240 and Chapter 365, (iii) the number and type of lead inspections conducted
under Section 365.04, (iv) the number of lead hazard citations given by the Department
of Building and Housing, (v) compliance actions taken against owners of residential
rental units that fail to comply with provisions of Chapter 240 and Chapter 365, and (vi)
any known instances of Cleveland residents displaced due to lead hazard remediation.
The Commissioner of Assessments and Licenses shall issue reports on a quarterly basis
to the Lead Advisory Board regarding (i) the number of day care centers that have
obtained a permit with proof of lead safety under Chapter 227 (ii) the number of permit
applications made and permits issued pursuant Chapter 240.05. The Director of Public
Health shall issue reports on a quarterly basis to the Lead Advisory Board regarding (i)
outreach efforts to day care center permit holders regarding lead safety requirements
(ii) the number of lead risk assessments, lead hazard control orders, lead investigations
and lead clearance examinations conducted in response to elevated blood lead level
tests. The Commissioner shall issue reports on a quarterly basis to the Lead Advisory
Board regarding its enforcement efforts under Chapter 240, including any instances in
which the Commissioner has had to relocate occupants of a premises pursuant to
Section 240.09(d).
(d) O
​ ther Duties of the Lead Advisory Board.
(1) The Lead Advisory Board shall also research and report to the Mayor
regarding other potential lead hazards in the city, including lead dust
contamination in vacant lots or public parks and lead hazards in water pipes.
(2) By January 1, 2020, the Lead Advisory Board shall approve disclosures
of rental registration status to be given to renters pursuant to Chapter 240.06(d).
These disclosures shall be made available in languages other than English
pursuant to the City of Cleveland’s Language Access Plan.
(3) On a quarterly basis, the Lead Advisory Board shall report to the
Mayor and report to the public the current average market rate for a
privately-hired lead risk assessment and a lead clearance examination in the City
of Cleveland.
(4) Beginning in 2020, the Lead Advisory Board shall review the rental
registry authorized in Section 365.06 every year for accessibility and provide

 recommendations to the Department of Building and Housing. The Department
of Building and Housing shall issue a report to the Board six months after
receiving the Board’s recommendations. The Department’s report will document
their review and implementation of the Board’s recommendations.
(e) M
​ eetings of the Lead Advisory Board​. The Lead Advisory Board shall hold
public meetings on a quarterly basis to review the reports it has received and issued
under subsection (c) and (d). These reports shall be made available to the public at
least seven (7) days prior to the quarterly meeting. Board meetings shall include a
public comment period. Notice of the meetings shall comply with R.C. 121.22 and all
other state and local laws regarding public meetings.
(f) E
​ valuation of the Lead Safe Cleveland Program. T
​ he City shall hire an
independent, academic based organization to evaluate implementation of changes to
Chapter 240 and Chapter 365 at the end of one year, three years and five years.
(g) P
​ ublic Education. ​ The City shall partner with local organizations to educate
the public around the hazards of lead poisoning and raise awareness of the opportunity
for tenants and homeowners to verify that their property is lead safe. The City shall
document the education efforts of all relevant departments and produce a report at the
end of one year, three years, and five years.
Section 240.11

​Lead Assessment & Remediation Fund

There is hereby established a special revenue fund entitled Lead Assessment and
Remediation Fund to support property owners seeking financial assistance for the lead
assessment and remediation process. In this fund shall be placed monies from gifts,
grants and other funding from any government, non-profit or private entity
appropriated for the purpose of lead assessment and remediation under the provisions
of this chapter. The funds shall be granted to homeowners to cover the full cost of lead
assessment and remediation, or to landlords and owners of day care centers to cover
the cost of lead assessment and remediation. The Director of Community Development
shall administer the fund under rules and regulations written by that Director.
Section 240.12

Effect on Landlords and Tenants

(a) Registering any rental unit as defined in Section 365.01(a) as not lead safe
under 365.02(a)(3)(C) after March 1, 2021 is a violation of this Chapter. Any such
violation materially affects health and safety for the purposes of RC 5321.04(A)(1).
(b) If a tenant must vacate a premises temporarily in order for lead hazards on
the property to be addressed, the landlord must provide a written statement from a
certified lead repair contractor of the estimated duration of the repairs. The tenant may
elect to terminate the rental agreement rather than temporarily vacate the premises. If
the tenant does not terminate the rental agreement, the tenant may elect between the
following two options:

 (1) If the tenant pays a monetary amount of rent under the rental
agreement, the tenant may elect for an abatement of their rent, beginning at the
time they vacate the premises, equal to two times the daily rental rate for the
first fourteen (14) days during which the tenant must vacate the premises and
one times the daily rental rate for each day thereafter;
(2) The tenant may elect for the landlord to be responsible for providing
comparable housing for the duration of the repairs but the tenant continues to
pay rent during the time the tenant vacates the premises.
(c) A landlord shall provide to a premises’ tenants copies of any lead risk
assessments or clearance examination performed on the premises within 72 hours of
first receiving copies of such lead risk assessment or clearance examination. Copies of
the lead risk assessment or clearance examination shall be tendered by certified mail,
return receipt requested, or by handing a written copy to the tenant in person, or by
leaving it at the premises that is the subject of the lead risk assessment or clearance
test.
Section 240.99

Penalties

(a) Whoever violates division (f) of Section 2
​ 40.03​ is guilty of a minor
misdemeanor.
(b) Whoever violates any provision of Chapter 2
​ 40​ for which no other penalty is
provided or rule or regulation or order under this chapter is guilty of a misdemeanor of
the first degree. Except for a violation of division (f) of Section 240.03, each day during
which noncompliance or a violation continues shall constitute a separate offense.
(c) As provided by RC 2901.23 and 2929.31, organizations convicted of an
offense are guilty of a misdemeanor of the first degree.
Section 227.03

​Permit Application

(a) Any person, firm, association or corporation desiring a permit to open,
maintain and conduct a day care center shall make written application to the
Commissioner of Assessments and Licenses, and that application shall state the name
and residence of the applicant, and if the applicant is a corporation or association, the
name and residence of all the officers; the present or proposed location of the day care
center; the purpose for which it is to be opened, maintained or conducted; the
accommodations provided for the children to be admitted to the day care center; the
name and address of the superintendent or of the person or persons to be in charge;
for applications made after November 1, 2021, proof that the proposed location of the
day care center has been determined to be lead safe under Section 240.08 of the
Codified Ordinances; and other information as the Commissioner may request.
(b) Permits for the calendar year following the year in which the application is
being made shall be accepted no earlier than November 1.