Toledo proposes lead-safe ordinance rewrite, phased compliance and new city-run certification process

The law department and the Department of Housing and Community Development presented a major rewrite of Toledo's lead-safe ordinance (chapter 17.60) and related appeal procedures at the April 15 agenda review.

Monica Smith, the city's lead coordinator, described the city's lead-safety strategy and staffing. She said the 2018/2020-era ordinance revision and subsequent litigation delayed enforcement timelines and that the proposed replacement ordinance updates procedures, phases new compliance deadlines and moves issuance of lead-safe certificates into the Department of Housing and Community Development (HCD) rather than the Toledo Lucas County Health Department. Smith detailed education and outreach efforts, free training classes for lead-related licenses, a lead stabilization grant awarded by the Ohio Department of Health in 2023 (approximately $1,050,000, with about $400,000 for homeowner stabilization work), and a plan to distribute lead-literacy materials to Toledo Public Schools students.

The law department's Tammy Lablett summarized three principal changes in the draft code: (1) HCD would issue lead-safe certificates in house instead of the health department, (2) HCD would have authority to reject deficient clearance reports from local lead inspectors and to bar inspectors from submitting acceptable reports for a period, appealable to the Nuisance Abatement Housing Appeals Board, and (3) the ordinance would add a new phased compliance schedule with eight deadlines running in six-month increments through June 2029; the first phase would take effect at the end of the year.

Smith said citywide housing data show a large pre-1978 housing stock: according to the 2021 American Community Survey, 34,051 housing units in Toledo with 85% (14,082) built before 1978 and 28,796 total units that will ultimately need to comply under the ordinance; a subset of about 6,166 units would be required to comply in the first phase area. Smith said the city currently has about 4,197 Lead Safe certificates and about 51 licensed local lead inspectors; the city has offered free training courses and has given away HEPA vacuums and cleaning kits at a homeownership fair.

Council members expressed concerns about the program's cost and potential unintended consequences. Councilmember Driscoll asked about average costs to bring properties into compliance; staff said a recent lead stabilization grant program averaged about $12,000 per property. Driscoll and others raised concerns about older historic districts where vinyl siding replacements (one common compliance route) would conflict with preservation design guidelines; staff said they are pursuing grants and support to assist property owners, including pursuing HUD and state grants and creating a Lead Resource Center nonprofit to help raise private funds. Several councilmembers urged administrative clarity about inspection prioritization and appeals and requested referrals for further data on inspections, caseloads, inspector reciprocity with other states and financing options. Chair Hobbs recommended SAP for placement on the council docket; no final ordinance vote occurred at agenda review.

Presenters emphasized outreach efforts, partnerships with Toledo Public Schools to distribute lead literature to about 21,000 students, free training to expand the pool of licensed inspectors, and a multi-pronged funding strategy including city budgeted administrative positions and outside grants; presenters said administrative positions for HCD associated with the program will be funded from the city budget rather than dependent on competitive federal funds.