Here is a brief rundown on the new lead paint law.
This law went into effect April 22, 2010
What property is affected?
Any residential dwelling, or day care facility built prior to 1978
What is the fine?
$37,500 per day, per incident.
Who must comply?
Anyone disturbing more than 6 sqft of interior paint, or 20 sqft of exterior paint, or any window replacement.
Fix and flippers doing the work themselves, even if the home is vacant.
Property managers having work done on any rental unit, even if it is vacant.
Owners who manage their own rental property.
Who must do the work?
Certified Renovator must test prior to work, supervise work, and certify clean up.
What must happen during the work?
”Renovate Right” booklet must be given to any occupant and signed disclosure at the back filled out.
Warning must be posted during work, and public / occupants are not allowed to enter work area.
Renovation area must be sealed off from other parts of the home.
Lead-save practices must be followed during work.
Forced air heating and A/C must be turned off in work area (vents sealed to prevent spread of dust).
Clean up must be done with HEPA vacuum and all clean up must be certified.
Who is excluded?
Owner “Occupants”, that certify that no children under 6, or pregnant women live in the home.
Key word is occupants, thus why fix and flippers are not excluded since a child or pregnant woman may purchase.
Emergency repairs on areas that would be a safety hazard, or create more damage if not immediately repaired.
What impact does this have on Brokers?
First, inform your investors, clients and contractors on this new law.
Lead Paint Disclosures on renovated homes will need to include “knowledge” and “reports” if they exist.
”Don’t Know” and “Have No Reports” will be a red flag if it is obvious walls were moved or exterior was scraped.