Rochester, N.Y., Code of Ordinances ch. 90 § 90-58

Lead-safe hazard reduction and control (Rochester NY Property Code)

In Force
Verified 11/7/2026 · Next check 12/7/2026
RochesterRRP

Operative Text

Rochester, N.Y., Code of Ordinances ch. 90 § 90-58
A. No person shall disturb or remove lead-based paint or in any other way generate excessive dust or debris during work on the interior or exterior of any existing building or structure except in accordance with the requirements of this section and §§ 90-59 and 90-60 . Any home improvement contractor, property management firm, handyman or other person compensated for renovation work that involves window replacement or that disturbs more than six square feet of interior, and/or more than 20 square feet of exterior, paint or surface coating, in a residential building or child-occupied facility for which the original construction was completed prior to January 1, 1980, must possess an EPA RRP certification. B. Exemptions. This section shall not apply to activities that disturb or remove paint where the activities are being performed on buildings on which construction was completed on or after January 1, 1980. C. Sign required when exterior lead-based paint (or presumed lead-based paint) is disturbed. (1) Not later than the commencement date of any lead-based paint hazard reduction work, the owner, or the contractor when the owner has entered into a contract with a contractor to perform such work on the exterior of a building or structure, shall post signs in a location or locations clearly visible to the adjacent properties stating the following: LEAD-BASED PAINT HAZARD REDUCTION WORK IN PROGRESS PUBLIC ACCESS TO WORK AREA PROHIBITED POSTED IN ACCORDANCE WITH CHAPTER 90 OF THE CITY OF ROCHESTER CODE FOR FURTHER INFORMATION, PHONE -------------- (2) The sign required by Subsection C(1) shall be not less than 24 inches square and shall be in large boldface capital letters no less than 1/2 inch in size, and shall contain the notification in both English and Spanish. The sign required by this subsection shall remain in place until the lead-based paint hazard reduction work has been completed. (3) Where it is not possible to post signs in a conspicuous location or locations clearly visible to the adjacent properties, the owner or, where the owner has entered into a contract with a contractor to perform lead-based paint hazard reduction work, the contractor shall provide the notice in written form, such as a letter or memorandum, to the occupants of adjacent properties. D. Notice to tenants. Where lead-based paint hazard reduction work is to be performed on the interior or exterior of buildings occupied by one or more tenants, not less than three business days before any lead-based paint hazard reduction work is to commence the owner shall provide the following information: (1) Contents of notice. Provide written notice to tenants of the building on which the work is being performed that lead-based paint hazard reduction work is being performed. This notice, which shall be in both English and Spanish, shall be in compliance with the EPA prerenovation notification rules set forth in 40 CFR Part 745 , Subpart E, shall be in the form of a sign, letter or memorandum, and shall prominently state the following: Work is scheduled to be performed beginning __________ (date) on this property that may disturb or remove lead-based paint. The persons performing this work are required to follow federal and local laws regulating work with lead-based paint. You may obtain information regarding these laws, or report any suspected violations of these laws, by calling the City of Rochester at ________ (a number to be designated by the City). The owner of this property is also required to provide tenants with a copy of the lead hazard information pamphlet. Retaliatory action against tenants is prohibited by § 90-63 of the Municipal Code. (2) The owner shall provide all tenants in the building with a copy of the lead hazard information pamphlet. E. Notice by contractor. Where lead-based paint hazard reduction work is being performed by a contractor on residential property, the contractor shall, at least three business days prior to the commencement of such work, notify the property owner of potential lead hazards during the project by delivering to the owner a copy of the lead hazard information pamphlet. F. Early commencement of work by owner. A property owner may commence, or may authorize a contractor to commence, lead-based paint hazard reduction work less than three business days after providing notices required above when such work must be commenced immediately to correct an emergency condition, such as work necessitated by nonroutine failures of equipment, that were not planned but result from a sudden, unexpected event that, if not immediately attended to, presents a safety or public health hazard, or threatens equipment and/or property with significant damage. G. Early commencement of work requested by tenant. Upon written request of a tenant, an owner may commence, or authorize a contractor to commence, lead-based paint hazard reduction work on that tenant's unit less than three business days after providing notices required in Subsection E above.
Source: Legislative text reproduced verbatim
Plain English

Rochester, N.Y., Code of Ordinances ch. 90 § 90-58 establishes rules governing how lead-based paint disturbance and hazard reduction work must be handled in pre-1980 buildings. The provision requires that contractors performing qualifying renovation work hold EPA RRP certification, that visible signage be posted when exterior lead paint work begins, and that tenants receive written notice at least three business days before interior or exterior lead hazard reduction work commences. Buildings constructed on or after January 1, 1980 are exempt from these requirements.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 7, 2026

Plain English — not legal advice.

For Property Managers

Under § 90-58, property owners managing pre-1980 residential buildings are generally expected to ensure that any hired contractor holds a valid EPA RRP certification before renovation work disturbing lead paint begins. Owners must deliver written notice to all tenants—in both English and Spanish—at least three business days before lead hazard reduction work starts, along with a copy of the lead hazard information pamphlet. When work affects the exterior, owners (or their contractors) must post a compliant sign of at least 24 inches square in a location visible to adjacent properties, or provide written notice to neighboring occupants if posting is not feasible.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section 90-58 gives tenants in Rochester the right to receive written advance notice—at least three business days before lead-based paint hazard reduction work begins on their building—along with a copy of the lead hazard information pamphlet. The notice must be provided in both English and Spanish and must include a city contact number where suspected violations can be reported. Tenants who believe these notice requirements have not been followed may contact the City of Rochester using the number referenced in the notice, consult a local tenant-rights organization, or raise the violation through available municipal complaint channels.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated November 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

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References Out

Rules and statutes cited by this regulation

References In

Rules and statutes that cite this regulation

Rochester Code § 90-16
Rochester Code § 90-3
Rochester Code § 90-55
Rochester Code § 90-20
Rochester Code § 90-21
Rochester Code § 90-3
Rochester Code § 90-19
Rochester Code § 90-16
Rochester Code § 90-17
Rochester Code § 90-20
Rochester Code § 90-34
Rochester Code § 90-41
Rochester Code § 90-34
Rochester Code § 90-33
Rochester Code § 90-36
Rochester Code § 90-70
Rochester Code § 90-57
Rochester Code § 90-56
Rochester Code § 90-55
Rochester Code § 90-16
Rochester Code § 90-57
Rochester Code § 90-54
Rochester Code § 90-57
Rochester Code § 90-56
Rochester Code § 90-55
Rochester Code § 90-57
Rochester Code § 90-59
Rochester Code § 90-63
Rochester Code § 90-58
Rochester Code § 90-59
Rochester Code § 90-54
Rochester Code § 90-54
Rochester Code § 90-32
Rochester Code § 90-20
Rochester Code § 90-54
Rochester Code § 90-3
Rochester Code § 90-57
Rochester Code § 90-56
Rochester Code § 90-55
Rochester Code § 90-57

Related Rules

§ 745.323
§ 745.323 Definitions.
§ 745.326
§ 745.326 Renovation: State and Tribal program requirements.
§ 35.140
§ 35.140 Prohibited methods of paint removal.

Source Information

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