In just the past month of visiting homes with my co-worker Hannah, we have been alarmed to come across two different families who heat Fabuloso in a pot on the stove in order to make the house smell nice. Both of the moms we spoke with had children with asthma and mentioned that heating Fabuloso was something that others they knew were also doing. Concerned about the safety of this practice, I took a quick look at the back of a bottle of Lavender-scented Fabuloso and read the warning label: “DO NOT DRINK..."
In Case of Emergency
If a child has severe symptoms of lead poisoning, such as vomiting or seizures, get immediate help by calling 911. If a child is suspected of being exposed to lead, make an appointment with the child's health care provider or county health department to have a blood test done.
Lead and The Law
The law has plenty to say about lead hazards and rental property. Most laws will be no problem if you:
- Disclose to your tenants what you know about lead in your rental units (make sure to properly document the disclosure).
- Keep up basic maintenance.
- Respond promptly and thoroughly to complaints about lead.
Federal Disclosure Requirements
A federal law referred to as Title X requires that landlords disclose all known lead hazards in housing to prospective tenants prior to lease signing. It also requires that tenants be provided specific information on lead-based paint hazards in housing. The law is very specific about what must be done and how records are to be kept. Every landlord should become familiar with the requirements of Title X. Federal investigators actively enforce this law in west Michigan. For more information, see the Disclosure Resources on the right side of this page.
Federal Lead Renovation, Repair and Painting Rule (RRP Rule)
The EPA requires the following of all landlords and contractors performing renovations, repairs, or painting that may disturb lead-based paint in pre-1978 homes:
- Must be trained and EPA Lead-Safe Certified.
- Must use lead-safe work practices.
If your renovation activities are disturbing any area of more than six square feet inside a rental unit or 20 square feet outside, or if you are disturbing any paint on windows, you must be trained, certified, and use lead-safe work practices. To not do so is violation of federal law.
This regulation includes the management company or rental property owner’s in-house maintenance staff. If you or your staff do not want to be certified, it is recommended that all repairs subject to the rule be contracted out to certified firms.
For more information on lead-safe work practices, see the EPA's Lead Safe Renovation, Repair and Painting and the EPA's Guide to Renovate Right. To learn more about the EPA Lead-Safe Certification, visit the the EPA Lead-Safe Certification page.
City of Grand Rapids Housing Code
The City of Grand Rapids follows the International Property Maintenance Code; however, Grand Rapids also requires four primary actions regarding lead-based paint hazards:
- Prohibition on peeling and chipping paint.
- Prohibition on paint chips and residue lying on the ground or horizontal surfaces (this includes window troughs).
- Prohibition on bare soil within 30 inches of any structure (enforced seasonally).
- Requirement that lead-safe work practices are used when working on pre-1978 housing.
The City requires that all rental property be registered. In addition, all rental property must be certified, which involves undergoing periodic inspections. The lead paint code items above are included as part of this Certification inspection. For more information on City of Grand Rapids Housing Code, call (616) 456-3053.
Kent County Housing Regulation
The Kent County Housing Regulation comes into play when there is a child with an elevated blood lead level living in a rental unit. In these cases, County regulation permits the Kent County Health Department to conduct inspections to uncover lead hazards and to order repairs. The County will then notify the property owner, giving him or her a short time to make repairs. If the repairs are not made, the property can be condemned for occupancy.
If a property is condemned, the resident family will need to vacate the unit immediately and the unit will need to remain vacant until all lead repairs are made and the property passes re-inspection. Condemnation is expensive, as it prohibits landlords from collecting rents until the hazards are repaired.
Michigan Public Act 434
Michigan Public Act 434 permits civil penalties for landlords who knowingly rent units with lead hazards to families with children who have elevated blood-lead levels. Penalties can include jail time and fines.
Michigan housing law permits the local public health department to inspect rental units when there are suspected health hazards, including when a resident child is found to be lead poisoned. A landlord who has received notice of a governmental inspection and its findings of lead hazards should be concerned and immediately responsive to orders for repairs. PA 434 does not apply to risk assessment and inspections conducted by private contractors on behalf of the landlord.
PA 434 is used when landlords do not respond to orders to repair hazardous property. Your best defense, other than maintaining lead-safe properties, is a prompt response to all notices.
On occasion, tenants with lead-poisoned children will try to sue their landlord and/or his or her insurance company for damages related to their child's condition. The best way to protect yourself from these lawsuits is to eliminate lead hazards in your housing, be proactive with maintenance, and respond promptly to complaints. For more information on maintaining a lead-safe property, see the Lead Repairs page.
If you need further help dealing with lead and the law, always feel free to contact the Healthy Homes Coalition.
Did You Know...
Lead-based paint, lead dust, and lead in the soil are the cause of nine out of ten childhood lead poisoning cases in Kent County, Michigan.
Disclosure Fact Sheet(418 KB)
A discloure fact sheet developed by the Healthy Homes Coalition with cooperation from US-EPA Region 5 enforcement staff.
A discloure fact sheet provided by HUD and EPA
Disclosure EPA FAQ(22 KB)
Frequently asked questions about the federal disclosure rule.
The federally-required form for documenting disclosure when renting an apartment (English version).
The federally-required form for documenting disclosure when renting an apartment (Spanish version).
Disclosure Sample Form Seller(168 KB)
The federally-required disclosure form for home sales.
EPA Disclosure Booklet(1.5 MB)
The EPA-required disclsoure booklet in black and white, ready for two-sided printing.
EPA Disclosure Booklet Spanish(1.5 MB)
The EPA-required disclsoure booklet in Spanish.
Guide to following the EPA's Lead Renovation, Repair and Painting Rule (RRP Rule).
EPA Guide to Renovate Right(6.5 MB)
EPA's Lead-Safe Certified Guide to Renovate Right.
Grand Rapids supplimental housing code citations regarding lead-based paint.
Kent County Housing Regulation(187 KB)
Kent County Housing Regulation regarding orders and condemnation of housing where children are lead poisoned.
Michigan Public Act 434(37 KB)
State of Michigan law permitting prosecution of rental property owners who fail to correct lead violations in housing where lead poisoned children reside.
Governor Snyder appointed Paul Haan, Executive Director of the Healthy Homes Coalition of West Michigan, to the newly formed Child Lead Exposure Elimination Commission created by Executive Order today. The Commission will advance the work completed by a temporary board appointed in 2016. Haan and Grand Rapids Mayor Rosalynn Bliss served on the former board that issued a set of recommendations in November 2016.
Four experts in the area of lead poisoning provided detailed presentations to the Kent County Lead Task Force on Wednesday, February 15, 2017. Board Chair Jim Saalfeld formed the Lead Task Force in September 2016 to investigate the issue and seek solutions to lead poisoning in children. Healthy Homes Coalition Executive Director Paul Haan serves on the task force.