2013 C of O Code Amendment FAQs

It should not. The city has been conducting lead dust wipe tests for almost 7 years now. Our cost to perform this type of inspection, including the full visual inspection and including all associated expenses, is less than $70 a unit. Although we believe there has been no increase to the job duties nor the time it takes to perform a clearance test and since the third-party providers are charging between $150 and $200 per unit, it would appear as though the current fees should cover the required activity.

Not necessarily. As long as the necessary renewal application is timely submitted, the necessary inspections are timely conducted, all hazards are immediately corrected and progress is continuously made for all other necessary work, the property may remain occupied throughout the process.

At any one time, there are thousands of properties going through the renewal C of O process.  In almost every situation, the units in these buildings are occupied during the renewal process.  The new language of the code does not change our policy of working with property owners through the timely submission of their renewal application to the point of them obtaining a C of O; we will continue to work with all owners throughout that process.

 Yes, once the unit has been cleared by an inspector.  We are very much aware of the potential hazards that may be associated with long-standing vacant structures. We are also aware of the potential damage that can continue to occur when the structure remains vacant and the need for an owner to have someone in it sooner than later in order to protect it. The first step an owner should do in this process is to apply for the necessary C of O and have the building inspected. In every such situation, the inspector will work with the owner to allow occupancy when it is safe to do so, even if there are other items that need to be completed prior to the C of O being issued. The most important thing here is for the owner to demonstrate that the occupants are safe by means of an inspection.

• Yes, as long as that is convenient for the property owner and is possible to accomplish in a day's time.  For inspections of multiple dwelling buildings, we would inspect them at the same time depending on how many units and the owner's preference of scheduling.  In larger buildings or complexes, we would offer to have more than one inspector attend the inspection if the owner would prefer and as long as they have more than one person who can accompany the two inspectors.
• Yes. Any and all violations cited must be abated prior to the issuance of the C of O. If a property owner would like to obtain a Conditional C of O, they may do so by submitting the necessary application as long as all health and safety related violations have been corrected. The Conditional C of O is good for up to 6 months.

The amended code states that the C of O will expire after three years for a one or two family only if the unit was found to have interior deteriorated paint, it's located in the high risk area, the owner uses interim controls to remedy the deterioration and the C of O is issued on or after 1/1/14.  Otherwise, it would renew at six years.

Yes. The only time the three year renewal would be applicable for a one or two family dwelling is if it met all of the listed criteria above.

Six. Anytime a property does not meet all of the criteria above the C of O is valid for six years unless otherwise revoked.

Yes.  Anyone can apply for a C of O once a structure is completely vacant for more than 60 days. This has always been the case and, in fact, the code requires it.  In addition, since the inception of the lead ordinance we have allowed all owners to request a lead dust wipe test anytime a unit is vacant, so long as it hasn't had one in the last three years.  So even if a unit is vacant but the entire building is not, if it is in the high risk area and the last lead dust wipe test was more than three years ago, one can be requested.

• Interim Controls is defined in the ordinance as "A set of measures designed to temporarily reduce human exposure or likely exposure to lead-based paint hazards.  Interim Controls include, but are not limited to, repairs, painting, temporary containment and specialized cleaning".  Some examples would be simply repairing or stabilizing the deteriorated paint with another coat of paint after properly removing the deteriorated portions and/or covering a window trough or well by placing a piece of metal or plastic over it.
• Abatement is defined in the ordinance as "Any set of measures designed to permanently eliminate lead-based paint or lead-base paint hazards".  Examples of abatement would include the replacement of a building component such as a window or door.

No that is not necessary.  Securing consent from the tenant is required for us to gain access to inspect the unit.  That consent can either be secured by the property owner or manager.  In the event that they chose not to secure it then the city will reach out to the occupant in our attempts to do so.  As the owner of the property you have a right to enter the tenant's unit with proper notice.  If you chose not to utilize that right to facilitate the necessary inspection and if the city is unsuccessful in our attempts to gain voluntary legal access, then we will follow the process of obtaining the necessary Judicial Warrant for Inspection.

The City of Rochester has been performing renewable C of O inspections since the mid 1970's; each year through the cooperation of both owners and occupants we inspect thousands of units through the C of O process.  In the vast majority of these situations, the units being inspected are occupied.  These inspections can be scheduled so as to not inconvenience anyone wishing to be there. They are quick and they are focused on the health and safety of the occupants.  It is extremely rare for a tenant to object to an inspection; in fact in all of 2012 we did not have one new case where an inspection warrant was necessary.

No.  The current system will not allow us to do so.  An important aspect of being successful in the rental property business is knowing when your C of O expires.  It's as important as forecasting and budgeting for repairs such as roof replacement and exterior painting.  It also allows you the opportunity to assess the property before the expiration to ensure any and all necessary maintenance items have been taken care of.  The vast majority of landlords know this and they apply that strategy to their business model.  That said, our expectations are not changing here in terms of working with owners through the timely submission of their renewal application to completing the process and obtaining the C of O.