Wednesday, April 21, 2010

Lead Based Paint Disclosure - New EPA Rule Starts April 22, 2010

Before ratification of a contract for housing sale or lease, sellers and landlords must:

  • Give an EPA-approved information pamphlet on identifying and controlling lead-based paint hazards.
  • Disclose any known information concerning lead-based paint or lead-based paint hazards. The seller or landlord must also disclose information such as the location of the lead-based paint and/or lead-based paint hazards, and the condition of the painted surfaces.
  • Provide any records and reports on lead-based paint and/or lead-based paint hazards which are available to the seller or landlord (for multi-unit buildings, this requirement includes records and reports concerning common areas and other units, when such information was obtained as a result of a building-wide evaluation).
  • Include an attachment to the contract or lease (or language inserted in the lease itself) which includes a Lead Warning Statement and confirms that the seller or landlord has complied with all notification requirements. This attachment is to be provided in the same language used in the rest of the contract. Sellers or landlords, and agents, as well as homebuyers or tenants, must sign and date the attachment.
  • Sellers must provide homebuyers a 10-day period to conduct a paint inspection or risk assessment for lead-based paint or lead-based paint hazards. Parties may mutually agree, in writing, to lengthen or shorten the time period for inspection. Homebuyers may waive this inspection opportunity.
Environmental Protection Agency (EPA) Requirements:

Common renovation activities like sanding, cutting, and demolition can create hazardous lead dust and chips by disturbing lead-based paint, which can be harmful to adults and children.

Under the rule, beginning in April 2010, contractors performing renovation, repair and painting projects that disturb lead-based paint in homes, child care facilities, and schools built before 1978 must be certified and must follow specific work practices to prevent lead contamination.

Until that time, EPA recommends that anyone performing renovation, repair, and painting projects that disturb lead-based paint in pre-1978 homes, child care facilities and schools follow lead-safe work practices.
  • All contractors should follow these three simple procedures:
  1. Contain the work area.
  2. Minimize dust.
  3. Clean up thoroughly.
  • Read EPA's Regulations on Residential Property Renovation.
  • Read about lead-hazard information for renovation, repair and painting activities in the EPA lead hazard information pamphlet.
  • Read about how to comply with EPA's rule in the EPA Small Entity Compliance Guide to Renovate Right.
  • Find additional EPA publications and brochures on lead-safe renovation, repair and painting and on lead poisoning prevention.
After April 22, 2010, property owners who perform these projects in pre-1978 rental housing or space rented by child-care facilities must be certified and follow the lead-safe work practices required by EPA's Renovation, Repair and Remodeling rule. To become certified, property owners must submit an application for firm certification and fee payment to EPA.

Property owners who perform renovation, repairs, and painting jobs in rental property should also:
  • Take training to learn how to perform lead-safe work practices.
  • Learn the lead laws that apply to you regarding certification and lead-safe work practices beginning in April 2010.
  • Keep records to demonstrate that you and your workers have been trained in lead-safe work practices and that you followed lead-safe work practices on the job. To make record keeping easier, you may use the sample record keeping checklist that EPA has developed to help contractors comply with the renovation record keeping requirements that will take effect in April 2010.
  • Read about how to comply with EPA's rule in the EPA Small Entity Compliance Guide to Renovate Right.
  • Read about how to use lead-safe work practices in EPA's Steps to Lead Safe Renovation, Repair and Painting.
In order to get access to the EPA's Renovation, Safety and Compliance Guides, please see the original post at

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