Tag Archives: lead paint disclosure pamphlet

Environmental Series: Lead-Based Paint Hazards Disclosure Rules

Sellers and Lessors must disclose known information about lead-based paint

By Jeff Sorg, OnlineEd Blog

(July 6, 2017)

canstockphoto384422paintcanIn 1994, the United States Environmental Protection Agency (EPA) and HUD drafted federal regulations on the disclosure of lead-based paint hazards in residential properties built before 1978 to comply with the Residential Lead-based Paint Hazard Act of 1992. The rules were implemented in 1996 in cooperation with the National Association of REALTORS®. These rules requre sellers and lessors, or their real estate agents to:

  • distribute a federal lead hazard pamphlet,
  • disclose any information known by the seller/lessor or the agent concerning lead paint and/or lead hazards in the house, and
  • provide a 10-day or mutually agreeable period for a lead paint assessment or inspection before a purchaser/lessee becomes obligated to purchase.

The seller must retain the signed documentation demonstrating that the buyer/tenant received the required disclosure information for three years from the date of sale/lease. The REA requires these records to be retained by a principal broker/property manager for six years from the date of the sale.

You can view a sample of a lead-based paint disclosure here:

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Oregon Property Management Companies Fined for Failure to Disclose Lead-Based Paint Hazards

lead paint cover

Disclosure Pamphlet

(OnlineEd – Portland, OR) – Two Oregon property management companies were ordered by the U.S. Environmental Protection Agency to pay more than $15,000 in federal penalties as a result of failing  to disclose lead-based paint hazards to renters.

According to an EPA and U.S. Department of Housing and Urban Development joint inspection, the companies failed to disclose  lead paint and lead-based paint hazards information to renters.

Because of health risks associated with lead, Federal lead disclosure rules require property owners, property management companies, and real estate agencies to inform potential renters or buyers of the presence of lead-based paint and lead-based paint hazards in housing built before 1978.

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More about lead disclosure rules and hazards: http://www2.epa.gov/lead/real-estate-disclosure

June 25, 2013

EPA Takes Action Against Violators of the Lead Renovation, Repair and Painting Rule

(EPA – WASHINGTON, D.C.) – Today, EPA announced 17 enforcement actions for violations of the Lead Renovation, Repair and Painting rule (RRP).

The RRP rule protects homeowners and tenants from dangerous lead dust that can be left behind after common renovation, repair, and painting work. It requires that contractors and subcontractors be properly trained and certified, and use lead-safe work practices to ensure that lead dust is minimized. Lead exposure can cause a range of health effects, from behavioral problems and learning disabilities to seizures and death, putting young children at the greatest risk because their nervous systems are still developing.

“Using lead-safe work practices is good business and it’s the law,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “EPA is taking action to enforce lead rules to protect people from exposure to lead and to ensure a level playing field for contractors that follow the rules.”

The enforcement actions address serious violations of the RRP rule, including fourteen actions where the contractor failed to obtain certification prior to performing or offering to perform renovation activities on pre-1978 homes, where lead is more likely to be present. Other alleged violations included failure to follow the lead-safe work practices, which are critical to reducing exposure to lead-based paint hazards.

The 17 enforcement actions listed below include 14 administrative settlements assessing civil penalties of up to $23,000. These settlements also required the contractors to certify that they had come into compliance with the requirements of the RRP rule. Additionally, EPA filed three administrative complaints seeking civil penalties of up to the statutory maximum of $37,500 per violation. As required by the Toxic Substances Control Act, a company or individual’s ability to pay a penalty is evaluated and penalties are adjusted accordingly.GTON – Today, EPA announced 17 enforcement actions for violations of the Lead Renovation, Repair and Painting rule (RRP).

The RRP rule protects homeowners and tenants from dangerous lead dust that can be left behind after common renovation, repair, and painting work. It requires that contractors and subcontractors be properly trained and certified, and use lead-safe work practices to ensure that lead dust is minimized. Lead exposure can cause a range of health effects, from behavioral problems and learning disabilities to seizures and death, putting young children at the greatest risk because their nervous systems are still developing.

“Using lead-safe work practices is good business and it’s the law,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “EPA is taking action to enforce lead rules to protect people from exposure to lead and to ensure a level playing field for contractors that follow the rules.”

The enforcement actions address serious violations of the RRP rule, including fourteen actions where the contractor failed to obtain certification prior to performing or offering to perform renovation activities on pre-1978 homes, where lead is more likely to be present. Other alleged violations included failure to follow the lead-safe work practices, which are critical to reducing exposure to lead-based paint hazards.

The 17 enforcement actions listed below include 14 administrative settlements assessing civil penalties of up to $23,000. These settlements also required the contractors to certify that they had come into compliance with the requirements of the RRP rule. Additionally, EPA filed three administrative complaints seeking civil penalties of up to the statutory maximum of $37,500 per violation. As required by the Toxic Substances Control Act, a company or individual’s ability to pay a penalty is evaluated and penalties are adjusted accordingly.

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More about lead and instructions on getting certified: www.epa.gov/lead

More about becoming an Oregon licensed contractor: https://www.onlineed.com/info/Contracting/Oregon/LicenseTraining/

Are You Using the New Lead-Based Paint Disclosure Pamphlet?

(OnlineEd – Portland, OR) The EPA (Environmental Protection Agency) released a new version of “Protect Your Family form Lead in the Home,” the required pamphlet to be given to most buyers and renters of homes built before 1978. The new pamphlet, released December 2012, is pretty much the same as the old, but does include some text changes and adds warnings and instructions for “repairs, renovations, and painting.”

To download a PDF copy of the new pamphlet, click here.

Old and new covers: Protect Your Family from Lead in the Home