A Lead Paint Primer: Lead Paint Laws Impacting Real Estate Professionals

1. A Lead Paint Primer:Lead Paint Laws ImpactingReal Estate Professionals Three Hour Continuing Education Course November 1996 developed by the Center for Real Estate and Urban Economic Studies University of Connecticut

2. DID YOU KNOW ? • Federal law makes sellers, landlords, and their real estate agents responsible for certain lead paint disclosures and contract requirements. • State law requires that residential property owners take action to cure lead paint hazards if children(less than 6 yrs. old) live in the dwelling. • Sellers, landlords, brokers, salespersons, appraisers, lenders and home inspectors have been sued over lead paint problems in housing.

3. THIS COURSEWILL COVER: • what LEAD is and why its dangerous • the sources of LEAD and the use of LEAD in house paint • Federal LEAD disclosure and contract requirements • state LEAD inspection and abatement requirements • methods of LEAD inspection and abatement • the impact of LEAD laws on real estate transactions, insurance, valuation, and financing

4. Course Handouts • Student Handout of Overheads • CT DPH Fact Sheet entitled “How to Reduce the Risk of Exposure to Lead” • EPA Fact Sheet on Lead Paint and Disclosure Requirements • EPA Pamphlet entitled “Protect Your Family from Lead in Your Home” • Sample Contract and Lease Forms (containing lead paint disclosures and statements) • Information material available from the CT Lead Poisoning Prevention Program

5. LEAD! COULD EXPOSURE TO A COMMON METAL REALLY BE SO DANGEROUS?

6. LEAD IS A POISON = • LEAD IS HIGHLY TOXIC • BODY MISTAKES LEAD FOR CALCIUM • CONTAMINATES VIRTUALLY EVERY SYSTEM OF THE BODY

7. HOW DANGEROUS? • AT LOWER LEVELS • HARMS DEVELOPMENT • LOWERS INTELLIGENCE • CAUSES BEHAVIORAL PROBLEMS • AT HIGHER LEVELS • DAMAGES MAJOR BODILY SYSTEMS • CAUSES MENTAL IMPAIRMENT • COMA, DEATH

8. WHO’S AFFECTED • EVERYONE • CHILDREN ARE VERY VULNERABLE • AFFECTED BY LOWER LEVELS OF LEAD • PUT EVERYTHING IN THEIR MOUTHS • PREGNANT WOMEN AND UNBORN CHILDREN • LEAD CROSSES PLACENTAL BARRIER

9. 1 IN 6 CHILDREN APPROXIMATELY IN AMERICA HAVE HIGH LEVELS OF LEAD IN THEIR BLOOD SOURCE: AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY

10. ELEVATED BLOOD LEAD LEVELS • CONNECTICUT >20 ug/dL • CENTER FOR DISEASE CONTROL 1985 - 25 ug/dL TODAY - 10 ug/dL ug/dL = MICROGRAMS OF LEAD PER DECILITER OF WHOLE BLOOD

11. SIGNS OF LEAD POISONING • MAY BE NO SIGNS • STOMACH ACHE AND CRAMPS • HEADACHE • IRRITABILITY • FATIGUE • FREQUENT VOMITING • CONSTIPATION • SLEEP DISORDER • POOR APPETITE SOURCE: ALLIANCE TO END CHILDHOOD LEAD POISONING

12. WHAT ARE THE SOURCES OF LEAD?

13. SOURCES OF LEAD • PAINT • LEAD PIPES AND PLUMBING FIXTURES • AUTO EXHAUST • INDUSTRIAL POLLUTION • PORCELAIN, POTTERY, GLASS, PEWTER • IMPORTED CONSUMER GOODS • WORK CLOTHING • HOUSEHOLD DUST • SOIL • WATER

14. MAJOR SOURCE OF LEAD POISONING:LEAD PAINT • WALLS AND FLOORS • WINDOWS AND SILLS • DOORS AND FRAMES • STAIRS, RAILINGS, BANISTERS • WOODWORK, MOLDING, BASEBOARDS • EXTERIOR SURFACES • PORCHES AND FENCES • TOYS / FURNITURE • IMPORTED HOUSEHOLD ITEMS

15. LEAD PAINT HAZARDS • DEFECTIVE • (Chipping, flaking, chalking, peeling) • INTACT • Usually not hazardous • WEAR AND TEAR AREAS (Windows, doors, stairs, etc.)

16. LEAD POISONING RESULTS FROM INGESTING OR INHALING LEAD

17. WHEN WAS LEAD USED IN HOUSE PAINT?

18. LEAD IN HOUSE PAINT • PRE 1950 • LEAD USED IN PAINT • 1950-1978 • AMOUNT OF LEAD GRADUALLY REDUCED • 1978 • LEAD CONTENT LIMITED • OLDER THE HOUSE • MORE LIKELY TO CONTAIN LEAD PAINT • OLDER THE PAINT • HIGHER THE LEAD CONTENT LEAD DOES NOT DECOMPOSE

19. HOW CAN I REDUCE THE RISK OF LEAD PAINT POISONING?

20. REDUCING LEAD HAZARDS • TEMPORARY • repair damaged painted surfaces • clean floors and windows regularly (phosphate detergent) • wash children’s hands and toys often • provide children with good diets high in iron and calcium and low in fat • PERMANENT • abatement

21. IMPROPER REMODELING & RENOVATING ACTIVITIES CREATE/ ACCENTUATE LEAD HAZARDS

22. CASE STUDY THE TACKLING FAMILY NEW LONDON, CONNECTICUT SOURCE: NEWSWEEK, JULY 15, 1991

23. THE GOOD NEWS: LEAD POISONING IS PREVENTABLE

24. ARE THERE GOVERNMENT REGULATIONS CONCERNING LEAD PAINT IN HOUSING?

25. LEAD PAINT REGULATIONSNOT ALL ARE NEW • LOCAL • HOUSING CODES • STATE • COMMON LAW • LANDLORD - TENANT LAW • FEDERAL • LEAD BASED PAINT POISON PREVENTION ACT • CONSUMER PRODUCT SAFETY ACT • FHA DISCLOSURE

26. FHA DISCLOSUREPRE-1978 HOUSES BUYER MUST SIGN PRIOR TO EXECUTING CONTRACT OR REFINANCING APPLICATION

27. FEDERALRESIDENTIAL LEAD BASED PAINT HAZARD REDUCTION ACT OF 1992 • PASSED INTO LAW IN 1992 • DETAILED REGULATIONS • TARGET HOUSING • PRE 1978

28. FEDERAL LAW • GRANTS • FEDERALLY OWNED AND ASSISTED HOUSING REQUIREMENTS • FEDERALLY OWNED HOUSING • DISCLOSURE UPON TRANSFER • EFFECTIVE DATE • SEPT. 6, 1996 (OWNERS OF MORE THAN FOUR RESIDENTIAL DWELLINGS) • DEC. 6, 1996 (OWNERS OF ONE TO FOUR RESIDENTIAL DWELLINGS)

29. FEDERAL LAWSELLER/LANDLORD DISCLOSURE REQUIREMENTS • PROVIDE LEAD HAZARD INFORMATION PAMPHLET • DISCLOSE KNOWLEDGE OF ANY LEAD-BASED PAINT OR LEAD-BASED PAINT HAZARDS • PROVIDE ANY LEAD HAZARD INSPECTION OR EVALUATION REPORT • PERMIT PURCHASER A 10-DAY PERIOD TO CONDUCT A LEAD INSPECTION

30. WHEN DO FEDERAL DISCLOSURES NEED TO BE MADE? BEFORE A PURCHASER OR TENANT BECOMES OBLIGATED UNDER ANY CONTRACT OR LEASE

31. FEDERAL LAWCONTRACT REQUIREMENTS • LEAD WARNING STATEMENT • STATEMENT BY SELLER (LLD) • LIST OF KNOWN HAZARDS • LIST OF RECORDS/REPORTS • STATEMENT BY BUYER (TNT) • READ WARNING STATEMENT • RECEIVED EPA PAMPHLET • HAD 10-DAY PERIOD TO CONDUCT INSPECTION (SALE) • STATEMENT BY AGENT • AWARE OF DUTIES • INFORMED SELLER/LANDLORD • CERTIFICATION

32. FEDERAL LAWLEAD WARNING STATEMENT Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such a property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint from risk assessments or inspections in the seller’s possession and notify the buyer of any known lead-based hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase.

33. FEDERAL LAW: AGENTS ARE RESPONSIBLE FOR DISCLOSURE AND CONTRACT REQUIREMENTS

34. CONNECTICUTLEAD POISONING PREVENTION AND CONTROL ACT • SOURCE • CONNECTICUT GENERAL STATUTES SECTIONS 19a-iii, et seq. • DEPARTMENT OF HEALTH SERVICE REGULATIONS SECTIONS 19a-iii -i et seq. • INTENT • PREVENTION OF LEAD POISONING • FOCUS • RESIDENTIAL PROPERTY WHERE CHILDREN UNDER THE AGE OF SIX LIVE

35. CONNECTICUT LAWAPPLICABILITY • INSPECTION • ABATEMENT • RENOVATION AND REMODELING • WORKER PROTECTION • CERTIFICATION

36. HOW CAN I TELL IF MY HOUSE OR APARTMENT HAS LEAD PAINT?

37. METHODS OF INSPECTION • PAINT • ON-SITE • SPOT CHEMICAL TEST (SODIUM SULFIDE) • X-RAY FLUORESCENT DETECTORS (XRF) • LABORATORY (PAINT CHIP SAMPLES) • XRF • ATOMIC ABSORPTION TESTING • DUST • SAMPLES TO LAB • SURFACE WET WIPE • WATER, SOIL • SAMPLES TO LAB

38. IS THERE A REQUIREMENT TO HAVE A LEAD INSPECTION PRIOR TO SELLING OR PURCHASING A HOME?

39. CONNECTICUT LAWLEAD INSPECTIONS REQUIRED • OF DWELLING WHEN CHILD HAS ELEVATED BLOOD LEAD LEVEL • OF OTHER DWELLING UNITS IN SAME BUILDING WHERE A CHILD WITH ELEVATED BLOOD LEAD LEVEL LIVES • BEFORE LICENSURE/ RELICENSURE/ REGISTRATION OF DAY CARE CENTERS

40. OTHER SITUATIONS THAT MAY TRIGGER DEMAND FORLEAD INSPECTION • PRIOR TO PURCHASE AND SALE OF HOUSE OR APARTMENT BUILDING • PRIOR TO LEASING HOUSE OR APARTMENT BUILDING • PRIOR TO RENOVATION AND REMODELING • PRIOR TO BIRTH (OR CONCEPTION) OF CHILD • FOR HEALTH CONCERNS

41. CONNECTICUT LAW • REPORT OF INSPECTION • OWNER • LOCAL DIRECTOR OF HEALTH • COMMISSIONER OF HEALTH SERVICES • IF LEAD IS IDENTIFIED • POSTING OF NOTICE BY OWNER REQUIRED • CORRECTIVE ACTION ORDERED BY LOCAL CODE ENFORCEMENT AGENCY

42. LEAD DILEMMA YOU REPRESENT THE SELLER OF AN OLDER HOME THAT HAS A CHILD UNDER THE AGE OF SIX IN THEIR HOME. SINCE THE HOME HAS NOT BEEN PREVIOUSLY TESTED FOR LEAD, A POTENTIAL BUYER REQUESTED THAT A LEAD INSPECTION BE DONE. WHAT RAMIFICATIONS COULD ALLOWING THE INSPECTION HAVE ON THE SELLER?

43. IF MY HOUSE OR APARTMENT CONTAINS LEAD-BASED PAINT, DO I HAVE TO “DE-LEAD” IT?

44. CONNECTICUT LAWABATEMENT REQUIREMENTS • WHEN CHILD RESIDES IN DWELLING • ABATEMENT OF ALL DEFECTIVE LEAD-BASED PAINT SURFACES • LEAD BASED PAINT MANAGEMENT PLAN - TO MONITOR INTACT SURFACES • ADDITIONALLY - WHEN CHILD HAS ELEVATED BLOOD LEAD LEVEL • ABATEMENT OF CERTAIN INTACT LEAD-BASED PAINT SURFACES • CHEWABLE SURFACES • MOVABLE PARTS OF WINDOWS • SURFACES THAT RUB AGAINST MOVABLE PARTS OF WINDOWS

45. HOW ARE LEAD-BASED PAINT SURFACES “ABATED”

46. CONNECTICUT LAWPRIOR PREPARATION • WRITTEN LEAD ABATEMENT PLAN • WRITTEN NOTICE TO OTHER BUILDING RESIDENTS • POST WARNINGS! • PACK AND STORE BELONGINGS • NO RESIDENTS ALLOWED IN ABATEMENT AREA

47. METHODS OF ABATEMENT • REPLACEMENT • REMOVAL • ENCLOSURE • ENCAPSULATION • PAINTING OR WALLPAPERING OVER SURFACE DOES NOT CONSTITUTE ABATEMENT

48. POST ABATEMENT • CLEAN-UP • WASTE DISPOSAL • REINSPECTION • PRIOR TO OCCUPANCY • LETTER OF COMPLIANCE

49. OTHER ABATEMENT ISSUES • SOIL ABATEMENT • HISTORIC PROPERTIES

50. CAN A HOMEOWNER DO LEAD ABATEMENT WORK?