CLEVELAND - Contractors and communities are responding to a six-month 5 On Your Side consumer investigation that found Cleveland-area contractors ignoring a federal safety law, putting families at risk. The agency responsible for enforcing the law hasn't done much.
Towering trees, artistic architecture and hundred-year-old homes are scattered throughout Northeast Ohio. Beyond the beauty of the homes lies a dangerous problem for your family. It's a danger that's estimated to be in 3.7 million Ohio homes.
"It's something you really don't think about but you should," Dathan Hesson explained.
These parents had no idea their own home could alter the future of their two year old son, Jayden. Jayden's bedroom room is his playground, but it's also a danger zone.
"They found lead in the paint in the windows, in a couple of doors, and the mailbox," Hesson said.
To remove it safely, contractors will have to contain the lead with plastic and use specialized vacuums to clean up when they're done working.
They're techniques contractors are learning at day-long training classes, but a six-month 5 on Your Side investigation found the majority of contractors are not taking the class.
WEB EXTRA: Search our local lead poisoning databases:
 Ohio city data & rankings Mobile link: http://5.wews.com/6KW |  High risk areas by zip code Mobile link: http://5.wews.com/hBu |
 Cuyahoga County test results Mobile link: http://5.wews.com/E5u | |
Cities reluctant to enforce the law
"Did you think most contractors were complying with the law?" we asked Wickliffe's Building Commissioner.
Raymond Sack replied, "Yes."
Sack is also President of Ohio's largest association of Building and Code Enforcement Officials known as the Building Officials Conference of Northeast Ohio (BOCONEO). BOCONEO has members from 40 Northeast Ohio cities.
The community is well aware of the year-old federal law that requires certified contractors test for lead if they're working in a home or childcare facility built before 1978. It's required if they're disturbing more than six square feet of a painted lead surface inside or 20 square feet outside.
"As a city, the jurisdiction falls on the federal government," Sack explained.
But, our investigation found the federal government didn't take any enforcement action until the day before our investigation was scheduled to air. That's when the EPA filed its first and only enforcement action, despite receiving more than 1,000 tips.
It took an anonymous tip, and a YouTube video for the EPA to act. The YouTube video shows a Maine contractor sanding a home.
The contractor faces penalties up to $37,500 per violation per day.
The EPA found the contractor took the certification class, but he didn't provide the training or supervision to his workers. He also never got the mandatory certification for his business.
Plus, the EPA said its investigation reveals the contractor wasn't following the lead safe work practices as required by law.
Eleven states enforce the law
While it's a federal law, eleven states have decided to enforce the law themself. These include Wisconsin, Iowa, North Carolina, Mississippi, Kansas, Rhode Island, Utah, Oregon, Massachusetts, Alabama and Washington.
A bill was introduced last session to enforce the law in Ohio but it never made it out of committee.
State representative Mike Foley said he'll reintroduce legislation this summer.
Even in states that haven't adopted the law, there are steps being taken to protect families.
In Minnesota, you can't pull a permit for an older home unless the contractor proves they're certified under the federal law. The cities can charge up to $5 to process an application that requires it be checked for certification. The law will take effect in August.
Back in Ohio, the City of North Olmstead is doing the same thing. They ask if the home being worked on was built before 1978.
We found other small communities are conducting informal surveys. The city of Lyndhurst is asking contractors if they are certified when they register to do work in the city. The cities of Maple Heights and Garfield Heights are also taking informal surveys.
"I commend them. I think it's a great idea," Sack said.
But, Sack still isn't sure it's legally his city's responsibility to make sure contractors are doing the right thing.
"Do you think it will take a lot more time?" we asked.
Sack replied, "Absolutely not, but it's something we can't mandate. We don't have any jurisdiction over it."
Federal officials think cities have jurisdiction to enforce the law
Federal officials disagree. As a former mayor and now congresswoman, Marcia Fudge, said she believes local ordinances and charters allow a city to enforce health and public safety issues.
"I think they absolutely have any jurisdiction they need
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