Lead
Regulatory
In 1992, Congress passed the Residential Lead-Based Paint Hazard Reduction Act. Title 10, Sec. 1018 directed the EPA and HUD to require disclosure of lead hazards and general information when dealing with pre-1978 housing. The Consumer Products Safety Commission banned use of lead-based paint in residences in 1978. Three-quarters of pre-1978 housing and nearly 100% of pre-1950 housing contains lead-based paint.
The "Pre-Renovation Lead Information Rule" requires remodelers to distribute information about lead hazards before working in pre-1978 housing. Landlords must inform tenants before planned work in pre-1978 housing. Notification should occur 7 days before work begins.
The "Real Estate Notification and Disclosure Rule" requires real estate agents to inform clients of lead hazards when dealing with pre-1978 homes. Sellers are also responsible for informing the buyer. Landlords must inform prospective renters. Notification should occur at least 10 days before the sales closing allowing the buyer (at his expense) time to complete a lead risk assessment. This will cost about $275 using a certified risk assessor. Following purchase the owner may elect to remove the lead hazard. EPA and HUD suggest enlisting a certified lead abatement contractor for safe removal and cleanup. Certified personnel should test for pre and post lead levels using an accredited laboratory.
The Lead-Based Paint Certification Program is offered by EPA. It qualifies one in lead sampling, risk assessment, and lead abatement. It also accredits laboratories for testing lead samples. EPA has authorized the Kentucky Department of Public Health to conduct certification training.
Basically the rules are written only to achieve honest disclosure of potential lead hazards and to educate involved parties on the subject. To this end HUD, EPA, and CPSC composed an official pamphlet titled "Protect Your Family From Lead In Your Home." Sellers, landlords, and realtors must issue this pamphlet at the proper time to comply with the rules. They must also secure a signed receipt or certified mailing receipt proving conveyance and maintain receipts for 3 years. Bulk copies of the pamphlet may be purchased from the Government Printing Office (GPO) or the National Lead Information Clearing House. One may also legally reproduce with full text and graphics, and no alterations. A suggested receipt format is also available.
The rules do not apply to the following pre-1978 scenarios:
- Zero bedroom living units
- Leases for less than 100 days
- Foreclosure sales
- Housing for the elderly and handicapped wherein children do not reside
- Work performed during an emergency
- Disturbing less than 2 Sq. Ft. of lead paint surface
- When a certified risk assessor has declared the residence free of lead-based paint
The rules do not require sellers and landlords to test for or remove lead based paint. Lead paint that is in good condition and is not disturbed presents no current danger. Disclosure of its known presence is still required.
So why enlist certified personnel, test, execute abatement, and post-test?
- It's the right thing to do; protect everyone involved for the life of the structure.
- Eliminate legal liabilities.
- HUD requires lead clearance in its projects including Section 8.
- County Health Department identifies a child
with elevated lead level and orders
residential risk assessment with subsequent lead abatement.
Developed by Jerry Hash
Extension Housing Associate
Biosystems and Agricultural Engineering Department
University of Kentucky Cooperative Extension Service
Lexington, Kentucky 40546-0276.