GARNER PROPERTIES & MANAGEMENT
LEAD-BASED PAINT INSPECTION PROGRAM
Effective January 1, 2010, all property owners in the City of Detroit are required to obtain a Lead Clearance for their rental properties before they can be rented, per the amended City of Detroit Property Maintenance Code.
Renting the property without the Lead Clearance is illegal and owners face stiff fines.
Don't sweat it. For less than $450, Garner Properties & Management and 4-Diamond Services will evaluate the current condition of your home for lead exposure, make recommendations to encapsulate problem areas, and test for lead exposure.
Initial Pre-assessment Inspection performed by Garner Properties & Management - $35.00 per
single family home.
This inspection will examine problem areas in a home where lead paint would be present and
exposed. This will include a visual inspection with pictures and recommendation of treatment
prior to a certified lead assessment. This inspection is designed to identify and remedy problems
before the actual lead test. *There are no guaranties that lead exposure will not be found when a
certified assessment is done.
Certified Lead Assessment and Report performed by 4 Diamond Services - $385.00 per single
family home.
This assessment is performed by a certified lead paint inspector and will include a full report to
be filed with the city of Detroit.
If lead exposure is found, a recommendation for remediation will be included along with a quote
for work. Remediation must be completed by a certified technician and the home re-tested after
the work is completed. The quote for work will include the re-test of the home and final report. 4
Diamond Services guarantees that a home will pass a re-inspection.
Pre-assessment by Garner Properties and 4 Diamond Services could save you thousands of dollars in post-inspection cost for remediation.
Please refer to the attached memo from the City of Detroit for more information and answers to frequently asked questions.
Call Garner Properties & Management today to schedule a pre-assessment for lead 800-767-2386 or info@garnerproperties.com.
* * * * *
Dear Rental Property Owner:
On 1/1/10 the City of Detroit Property Maintenance Code was amended to include new requirements for rental property owners. Rental properties in the City of Detroit must have a Lead Clearance BEFORE they can be rented out.
FREQUENTLY ASKED QUESTIONS
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:
| Size of Unit | 1st Offense | 2nd Offense | 3rd Offense | Past 3rd Offense |
| One & Two Family Units | $500 | $1000 | $2000 | $2000 |
| All Other Structures except those with 5 stories or more | $1000 | $2000 | $4000 | $4000 |
| Building with 5 stories or more | $2000 | $4000 | $8000 | $8000 |
*These fines are in addition to the current fines for renting without a Certificate of Compliance. Furthermore, all landlords may be held responsible for lead in their rental properties under local, state, and federal laws.
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.
a. 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.
b. 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.
c. 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 at www.michigan.gov/leadsafe.
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 etseq, (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 go to: www.epa.gov/lead/pubs/trainingproviders.htm. For a list of Renovator classes currently scheduled in Michigan, go to: www.michigan.gov/documents/mdch/RRP_Training_Schedule_290357_7.htm
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, you may go to the State of Michigan website at www.mi.gov/leadsafe, or 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
City of Detroit
Buildings and Safety Engineering Department
313-628-2451
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