£EPA
United States
Environmental Protection
Agency New England
Lead-Based Paint Hazards
Does the Federal Lead-Based Paint Regulation Apply to You?
Background Information What is Required?
The law requires that the
Environmental Protection Agency
(EPA) and the Department of Housing
and Urban Development (HUD)
ensure that the public receives the
information necessary to prevent lead
poisoning in homes that may contain
lead based paint hazards. This
newsletter provides information on two
Acts that Congress has passed to address
this issue:
• Residential Lead Based Paint Hazard
Reduction Act (Section 1018)
• The Lead Pre-Renovation Education
Rule (TSCA Section 406 (b))
The Lead-Based Paint
"Disclosure Rule"
Section 1018 of Residential Lead-Based
Paint Hazard Reduction Act (or, Title X)
requires sellers and lessors of housing
built before 1978 to disclose to buyers
and renters that the housing may contain
lead-based paint, and to provide any
available information about the actual
presence of lead-based paint and/or lead-
based paint hazards in the housing. By
recognizing the right of prospective
homeowners and tenants to know about
such actual and potential hazards in the
homes, the "Disclosure Rule" provides
them with the ability to take actions to
protect themselves from exposure to
lead-based paint hazards, and lead-
contaminated dusts and soils. EPA's
regulations are codified at 40 C.F.R. Part
745, Subpart F and took effect on
September 6 and December 6, 1996.
Before the sale or lease of a residence (such
as apartments, single-family homes,
graduate student housing, faculty
housing, and both private and public
housing) built before 1978:
• Sellers, landlords, propertyowners/
managers, and agents must disclose
potential and known lead-based paint
and lead based paint hazards and
provide available reports to buyers and
renters. «
• Sellers, landlords, property owners/ •
managers, and agents must give buyers
and renters the pamphlet titled "Protect
Your Family from Lead in Your Home."
• Home buyers will get a 10-day period
to conduct a lead-based paint
inspection or risk assessment at their
own expense. The rule gives the two
parties flexibility to negotiate key terms
of the evaluation.
• Sales contracts and leasing agreements
must include certain notification and
disclosure language.
• Disclosure must be documented and
records must be kept for at least 3 years.
Housing Not Covered
• Housing built after 1977.
• Zero-bedroom units such as studios,
lofts, and dormitories.
• Leases that specify a term for less
than 100 days, such as vacation
houses or short-term rentals.
• Housing for elderly or handicapped
(unless children live there or
expected to live there).
• Rental housing that has been found
to be free of lead-based paint by an a
certified inspector.
• Foreclosure sales.
The New Federal Lead-
Based Paint Regulation
Applies to you if...
• Your work involves pre-1978 houses
or apartments.
• You receive any form of compensa-
tion for your work.
• You disturb more than 2 square feet
of painted surfaces.
• Your work is not specifically
excluded from this law.
Where is Lead-Based Paint
Found?
Over 60 million homes in America built
before 1978 have lead-based paint. In
general, the older the home, the more
likely it has lead-based paint. Lead can be
found:
In homes in the city, country, or
suburbs.
In apartments, single-family homes,
graduate student housing, faculty
housing, and both private and public
housing.
Inside and outside the house.
In soil around the home.
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Disclosure of Information on ^ ^
Lead-Based Paint and/or Lead-Based Paint Hazards (Sample Form)
Lead Warning Statement
Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hzards
if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting
pre-1978 housing, property owners must disclose the presence of known lead-based paint and/or lead-based paint
hazards in the dwelling. Renters must also receive a federally approved pamphlet on lead poisoning prevention.
Property Owner's Disclosure
a) Presence of actual or potential presence of lead-based paint and/or lead-based paint hazards (check (i) or (ii) below):
(i) Known lead-based paint and/or lead-based paint hazards is present in the
housing (explain).
(ii) Property owner has no knowledge of lead lead-based paint and/or lead-based paint hazards in the housing.
b) Records and reports available to the property owner (check (i) or (ii) below):
(i) Property owner has provided the renters with all available records and reports pertaining to lead-based paint
and/or lead-based paint hazards in the housing (list documents below).
(ii) Property owner has no reports records and reports pertaining to lead-based paint and/or lead-based paint
hazards in the housing .
Renter's Acknowledgment (initial)
c) Renter has received copies of all information listed above.
d) Renter has received the pamphlet Protect Your Family from Lead in Your Home.
Agent's Acknowledgment (initial)
e) Agent has informed the property owner of the property owner's obligations under 42 U.S.C. 4852d and is
aware of his/her responsibility to ensure compliance.
Certification of Accuracy
The following parties have reviewed the information above and certify, to the best of their knowledge, that the information
they have provided is true and accurate.
Property Owner
Renter
Agent
Date
Date
Date
Property Owner
Renter
Agent
Date
Date
Date
Federal law re-
quires distribution
of this lead hazard
information pam-
phlet BEFORE
selling, renting or
starting renovation
in housing built
before 1978.
"Lead poisoning
can cause perma-
nent damage to the
brain and many
other organs and
causes reduced
intelligence and
behavioral prob-
lems. Lead can
also cause abnor-
mal fetal develop-
ment in pregnant
women."
Exemptions to the Rule
The following are exemptions to the Lead
Pre-Renovation Education Rule:
• Lead abatement activities performed by
certified lead abatement contractors,
• Emergency renovations,
• Renovation of certified lead-based paint
free components,
• Minor repair/maintenance activities
which disturb less than 2 square feet of
painted surfaces per component, &
• Renovations in dormitories/studio
apartments/housing for the elderly or
disabled.
What am I required to do?
Specific requirements depend on the following criteria:
In owner-occupied housing you must:
• Provide an EPA-approved lead information pamphlet to owner and get written
acknowledgement or receipt from owner, OR
• Mail the pamphlet to owner 7 days prior to renovation and document with certified mail
or certificate of mailing.
In tenant-occupied housing you must:
• Provide an EPA-approved lead information pamphlet to both building owner and an
adult occupant by one of the methods described in an "owner-occupied housing.
• If attempted delivery to adult occupant fails, you may comply by leaving the pamphlet
at unit and preparing certification describing delivery attempts for your files.
For renovations in "common areas" in multi-family housing (more than 4 units), you must:
• Provide and EPA-approved lead information pamphlet by one of the methods listed under
owner-occupied housing listed above.
• Provide notice to each tenant in the building describing:
• Nature/location/timing of renovation
• Availability of the EPA-approved pamphlet (free upon request)
• Retain written documentation describing notification procedures for 3 years.
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Lead Affects the
People can get lead in their body if they:
• Breath in lead dust (especially during renovations that
disturb painted surfaces).
• Put their hands or other objects covered with lead dust
in their mouths.
• Eat paint chips or soil that contains lead.
Lead is even more dangerous to children than
adults because:
• Children's brains and nervous systems are more
sensitive to the damaging effects of lead.
• Children's growing bodies adborb more lead.
• Babies and young children often put their hands and
other objects in their mouths. These objects can have
lead dust on them.
P.. :i )-,
Dwnri J I
$iwym-»*'*' ^-___
' •••:,
Body in Many Ways
Lead Effects on Children
If not detected early, children with high levels of lead in
their bodies can suffer from:
• Damage to the brain and nervous system
• Behavior and learning problems (such as hyperactivity)
• Slowed growth
• Hearing problems
• Headaches
• Stomach aches
Lead Effects on Adults
• Difficulties during pregnancy
• Other reproductive problems (in both men and
women)
• High blood pressure
• Digestive problems
• Nerve disorders
• Memory and concentration problems
r\
••
The Lead-Based Paint Pre-Renovation Education Rule
...applies to renovations in pre-1978 housing which are performed for compensation.
Renovation means any modificatons of all or part of any existing structure in the housing that
disturbs more than 2 square feet of painted surfaces. Renovation includes:
• Demolition of painted walls or ceilings;
• Large surface replastering;
• Major plumbing repairs or improvements;
• Window replacement; &
• Removal/modification of painted surfaces, components, or structures.
Compensation is the receipt of anything of value (not only money), and may include:
• Exhages of money, goods, or services; &
• Payment of rent to landlords or property managers.
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EPA New England Contacts
Molly Magoon
Amir Ingram
617-918-1848
617-918-1588
Magoon.Molly@epa.gov
Ingram.Amir@epa.gov
EPA New England
1 Congress Street Suite 1100, SPP
Boston, MA 02114-2023
For More Information:
For more information on new requirements, please visit www.epa.gov/lead/leadbase.htm. To receive a general
information packet, to order other documents, or for detailed information or questions, you may call the National
Lead Information Center's clearinghouse and speak with a specialist Monday through Friday, 8:30 am to 6:00 pm
EST: 1-800-424-LEAD.
&EPA
United States
Environmental Protection
Agency New England
1 Congress Street, Suite 1100 SPP
Boston, MA 02114-2023
Official Business
Penalty for Private Use, $300
EPA901-F-03-003
www.epa.gov/ne/assistance/univ/index.html
July 2003
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