Toledo, OH Building Safety: Lead Paint (2026)
Key Facts
- Blood lead trigger
- 30 µg/dL twice in 30 days
- Alternate trigger
- Erythrocyte protoporphyrin ≥ 50 µg/dL
- Scrape depth
- 1 inch past edge, 5 ft on doors
- Contaminated soil removal
- 6 inches deep, 24-inch strips
- Enforcing agency
- Toledo Health Department, Housing Bureau
- Cost recovery
- Civil suit or lien on tax bill
Summary
Toledo Municipal Code § 1759.02 makes it illegal to apply lead-based paint anywhere in a dwelling and requires owners and occupants to abate lead hazards on any chewable painted surface accessible to children under six, even if the paint looks intact. When a child tests above 30 micrograms of lead per deciliter twice within 30 days, the Toledo Health Department can issue an emergency abatement order and bill the property owner for the cost.
(a) Definitions. (1) A "lead based paint hazard" exists when an interior or exterior surface coated with lead based paint is readily accessible to and chewable by children under six years of age even though such surface is intact and its integrity is uninterrupted, or when the integrity of a surface containing lead based paint is interrupted or not intact. ... (b) No owner or occupant shall apply a lead based paint or other toxic substance to any surface in any dwelling, dwelling unit, rooming house and/or rooming unit, dormitory or accessory structure or any part thereof. ... (e) Upon determination that an emergency health condition exists, the Commissioner or his designated representative shall cause an emergency order to abate such condition to be issued to the person or persons responsible for abatement of such condition as set forth in subsection (d) hereof.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-105: Complete to June 30, 2026).
Full Breakdown
Chapter 1759, Toxic Substances, defines a lead-based paint hazard as any interior or exterior surface coated with lead-based paint that is readily accessible to and chewable by a child under six, whether or not the paint's surface integrity is broken. 02(b) bars any owner or occupant from applying lead-based paint or another toxic substance to any surface in a dwelling, dwelling unit, rooming house, dormitory, or accessory structure. Owners of dwellings, child care facilities, and businesses that sell paint, toys, furniture, or kitchenware must keep those spaces free of lead hazards, and simply ending someone's occupancy does not satisfy the requirement.
Permanent abatement calls for scraping lead paint to bare wood at least one inch past the damaged edge (five feet up on doors and door frames) before repainting, or removing and replacing the surface outright. Where soil testing finds lead, the code requires removing contaminated soil to a six-inch depth in 24-inch strips, or turning and sodding the area, or paving it over. A confirmed emergency health condition, two blood tests within 30 days at or above 30 micrograms of lead per deciliter, or an erythrocyte protoporphyrin level of 50 micrograms per deciliter or more, triggers a Commissioner's emergency abatement order.
If the responsible owner or occupant does not comply, the Commissioner may abate the hazard directly and recover the full cost, including labor, materials, and notice costs, through a civil action or by certifying the charge to the Lucas County Auditor as a lien on the property's tax bill.
Violations & Fines
Failure to comply with an emergency abatement order lets the Toledo Health Department take the abatement action itself and recover every dollar spent, contractor labor, materials, equipment, and notice costs, either by suing the responsible owner or occupant in civil court or by certifying the total as a lien on the property through the Lucas County Auditor's tax duplicate, collected the same as delinquent property taxes.
Frequently Asked Questions
What counts as a lead-based paint hazard under Toledo's code?
Who has to report a child's high blood lead test in Toledo?
Can the city force abatement if an owner refuses?
Sources & Official References
Other rules in Toledo
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