Rochester, NY Building Safety: Lead Paint (2026)

Article III of Chapter 90 presumes lead-based paint on any residential building built before January 1, 1980, and on the exterior of pre-1980 nonresidential structures, per Section 90-53A and B; an owner can only rebut that presumption through the testing methods in Section 90-56. Section 90-54 defines five violation categories: a deteriorated-paint violation, unless the peeling or chipped surface totals no more than 20 square feet on the exterior, 2 square feet in any one interior room, or 10 percent of a small component like a windowsill or baseboard; a bare-soil violation, where bare soil sits within three feet of a pre-1980 residential building's foundation (the 'dripline'); a dust-lead hazard violation identified through testing under Section 90-55; a dust-sample violation for failing to submit certified test results within 60 days; and, new for buildings in the 'lph-r' Lead Paint High-Risk Area with two or more units, a Lead Rental Registry violation for lacking a valid certificate of occupancy as of October 1, 2026, and every three years after.

Section 90-55 ties inspections to certificate-of-occupancy applications and renewals, and Section 90-60 bans open-flame burning or torching, uncontrolled sanding, abrasive blasting and heat guns above 1,100°F as paint-removal methods. The findings in Section 90-51 note the City estimated the legislation could carry housing-market costs 'as high as $540,000,000' if applied broadly, which is part of why the law targets deteriorated conditions rather than mere presence of lead paint.