Lead-Based Paint (LBP) in Your Home

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1 Extension Extra ExEx 1041 Updated April 2002 Agriculture and Biosystems Engineering COLLEGE OF AGRICULTURE & BIOLOGICAL SCIENCES / SOUTH DAKOTA STATE UNIVERSITY / USDA Lead-Based Paint (LBP) in Your Home by John Maursetter, Extension associate, Big Sioux Aquifer Demonstration Project, SDSU Agricultural Engineering Department Lead-Based Paint (LBP) From the turn of the century through the 1940s, paint manufacturers used lead as a primary ingredient in many oil-based interior and exterior paints. Lead in paint increased its adhesion and durability. Use of these paints gradually decreased through the 1950s and 1960s as lead-free, latex paints became better and more popular. Although the use of lead-based paint (LBP) in privately owned homes was banned for residential use in 1978, the EPA and HUD estimate that about 83 percent of homes built in the U.S. prior to 1980 may contain LBP. LBP may pose a health threat if not properly managed. As a result of normal wear or traffic (especially around doors and windows), the paint can form a dust that, if not properly managed, can pose a threat to the occupants. Cleaning or renovation can generate a fine dust that can be dispersed into the more accessible areas of the household. If not properly managed, dust can pose an exposure hazard to adults and children by inhalation of the dust or by ingestion of the dust through hand-to-mouth activities. Lead Poisoning Lead effects nearly every system in the body. Although lead poisoning is very harmful to people of all ages, the greatest impacts are seen in children. Pregnant women also are sensitive because of the effects lead poisoning has on unborn babies. Lead poisoning effects can develop very gradually over time. The symptoms are so subtle that they often are unnoticed. Severe lead poisoning symptoms include tiredness, slight abdominal discomfort, irritability, anemia and, in children, behavioral changes. Lead poisoning can cause learning disabilities, growth impairment, permanent hearing and vision impairment, and other damage to the brain and nervous system. In large doses, lead poisoning can result in convulsions and even death. Regulations New federal regulations regarding LBP in homes became effective in This set of regulations was one of the results of the Residual LBP Hazard Reduction Act passed by Congress in Owners of homes built before 1978 and their real estate agents are now required to give notice and disclose known use of LBP in the homes prior to selling or leasing. Excluded Homes and Transactions These regulations do not apply to certain housing situations. For example, the following housing situations are excluded: Housing built in 1978 and later. Certain housing for the elderly [such as retirement centers for those older than 62 years old). Housing for the disabled. Dwellings such as efficiency apartments where the living and sleeping areas are the same room. The following types of transactions are excluded: Sales of homes at foreclosure. The lease of a house found to be free of LBP by a certified inspector. Non-renewable leases of 100 days or shorter. Renewals of existing leases where disclosure has already occurred. Disclosing LBP and Opportunity to Inspect Owners of housing subject to these regulations must do all of the following when selling or leasing: Disclose known LBP hazards in the house. Provide the purchaser or lessee with any available records and reports on the LBP and provide a lead hazard information brochure approved by the EPA. Provide the buyer or lessee the opportunity to inspect and conduct a risk assessment. In addition, any written contract for sale or lease must include specific warning and disclosure language. Disclosing Known Hazards The regulations do not specifically require that the seller or lessor inspect or evaluate the home for LBPs or LBP hazards. However, the regulations do require disclosure of any known lead-based paints and LBP hazards. Any reports or records in the possession of the owner or lessor or that can be reasonably

2 obtained must be provided to the buyer or lessee. Reports or records pertaining to common areas or other dwellings or multifamily housing must also be produced. The seller and any agent are required to keep copies of the completed disclosure and acknowledgment contract for three years after the completion date of the sale. The lessor and any agent are required to keep a copy of the completed lease or attachment for three years from the date of lease commencement. Examples of these documents are attached to this publication as Figures 1, 2, and 3. It is recommended that owners keep copies of records or reports on lead-based paint in anticipation of some future sale or lease of the home. Sellers or leasers also may have knowledge of the use of lead-based paint in the dwelling beyond that available from records or reports. This information should also be disclosed. Informative Brochure The EPA has approved a brochure entitled "Protect Your Family From Lead in Your Home" that includes information required to be disclosed at the time of sale. The brochure is available from the National Lead Information Clearing House at LEAD (5323), the EPA at or , or the U.S. Government Printing Office at This pamphlet, or a similar EPA approved pamphlet must be given to the buyer/lessee. Inspection Period The purchaser must be given a 10-day period to inspect the home for LBP before he or she is obligated to purchase the dwelling. The purchaser or lessee must also be given the disclosure prior to becoming obligated under contract to buy or lease. If these requirements are not met, the purchaser may amend the contract based on the newly disclosed information. The specific language required to be in the contract or lease must include provisions regarding the hazard of lead poisoning and the opportunity to inspect. Real Estate Agent Responsibility LBP disclosure regulations apply to real estate agents as well as to the seller or lessor of the property. The regulations actually state that it is the duty of the agents to ensure that the sellers comply with the disclosure and inspection requirements. However, the agents can avoid liability by informing the seller of the regulations and their obligations. If the seller fails to disclose known LBP information after being notified by the agent, the agent will not be responsible for this non-disclosure. Penalties The penalties for failing to comply with LBP regulations can be quite substantial. The purchaser or lessee may file federal lawsuit to recover three times the damages resulting from the known violation of these regulations. Court fees, attorney fees, and witness fees also may be awarded to the purchaser if litigation is settled in his or her favor. In addition to this claim, an owner who fails to comply can be subject to civil penalty or criminal fines. LBP Inspection in South Dakota At the present time, there are no formal guidelines or training programs for certifying individuals for lead-based paint inspection in South Dakota. However, the organizations listed below provide LBP inspection in the state: Anderson Environmental Services 311 W. Custer #224 Bell Fourche, SD (605) ATC Environmental Inc East 10th Street Sioux Falls, SD (605) Gary Snow & Associates 118 N. Garfield, PO Box 1135 Pierre, SD (605) Horsley Specialties, Inc. PO Box 1277 Rapid City, SD (605) Maxim Technologies th Street North Sioux Falls, SD (605) Additional Information Contact your local Cooperative Extension Service agent or call the South Dakota Department of Environment and Natural Resources at (605) This publication and others can be accessed electronically from the SDSU College of Agriculture & Biological Sciences publications page, which is at Issued in furtherance of Cooperative Extension work, Acts of May 8 and June 30, 1914, in cooperation with the USDA. Larry Tidemann, Director of Extension, Associate Dean, College of Agriculture & Biological Sciences, South Dakota State University, Brookings. SDSU is an Affirmative Action/Equal Opportunity Employer (Male/Female) and offers all benefits, services, and educational and employment opportunities without regard for ancestry, age, race, citizenship, color, creed, religion, gender, disability, national origin, sexual preference, or Vietnam Era veteran status. ExEx pdf by CES. June 1997; updated April 2002.

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