Guide to Lead-based Paint Regulations
The following is an outline of federal regulations relating to lead-based paint that affect home sellers, REALTORS®, landlords (and their agents) and anyone classified as a "renovator" in Michigan and elsewhere.
Pre-lease disclosure (September 6, 1996)
Target Housing: Pre-1978 rentals except:
- Certified "lead-free" property
- "0-bedroom", elderly, disabled housing
- Nonrenewable leases <101 days
Requirements:
- Signed disclosure form before lease commitment. (Specific wording required.)
- Provide copies of all reports dealing with LBP, even if they say that no LBP is present.
- OK to provide a certified summary if done by by licensed inspector, but full report must be made available on request.
- Provide copy of the EPA Pamphlet
- Retain records for 3 years, subject to unannounced EPA audit.
Pre-renovation (June 1, 1999)
Renovation Defined:
Any work that will disturb 2 square feet of paint in Target Housing or in owner-occupied housing built pre-1978. Includes plumbing, electrical, carpentry, etc.
Requirements:
- Notify owner, give pamphlet, get signature before work.
- Notify tenants no more than 60 days before work.
- Notify again if the nature, location or timing of work changes.
- Within units: Give pamphlet, get adult signature or certify attempt to deliver.
- Commons and exteriors: Notify all tenants individually, make pamphlet available.
- Retain records for 3 years after completion of the project, subject to EPA audit.
Excluded:
Licensed inspector certifies in writing that the paint to be disturbed is not LBP. Emergency repairs. Work done not for compensation, by homeowners, neighbors, volunteers, etc.
Minimizing liability
- Follow paperwork requirements in all regards, keeping meticulous records.
- Train maintenance staff in lead-safe practices and in fielding questions from tenants.
- Have Standard Operating Procedures and abide by them consistently.
- Owners, keep the property in good condition so that the need for "disturbance" is minimized.
- Remodelers, make sure your contracts and insurance are up to date. Contracts should define LBP as a hidden condition similar to asbestos or structural damage.
Or, as an alternative to those steps: A lead paint inspection done by a properly licensed and certified inspector who is authorized to issue full or partial exemptions from the regulations. Testing is non-destructive, and takes less than a day on site. Virtually all post-1960 properties will qualify for some form of exemption.
Source: 40 CFR Part 745.