Q: What is Title X, the Federal Lead-Based Paint Hazard Reduction Act?
A: Title X, officially known as the Federal Lead-Based Paint Hazard Reduction Act of 1992, is part of lead-hazard reduction legislation passed by Congress. Its purpose is to reduce or eliminate the incidences of lead poisoning in children by setting standards and guidelines for programs and activities related to lead-based paint, a major source of lead in homes built before 1978.
Title X does several things. Among the provisions, it requires new regulations from the Environmental Protection Agency to ensure that individuals working with lead-based paint are properly trained and certified or licensed, and that these training programs be accredited.
It also requires EPA-issued guidelines for remodeling and renovation activities involving lead-based paint, and that a lead-disclosure statement be incorporated into sales or leasing contracts for residential property. Another provision requires that the Department of Housing and Urban Development (HUD) issue guidelines for federal task assessments, inspections, interim controls and abatement of lead-based paint hazards. And finally, it requires that structures be put into place to allow states to manage the lead paint licensing, certification and accreditation programs.
Q: When does Title X take effect?
A: Different parts of Title X take effect at different times. The lead disclosure requirement for sale or lease of residential property took effect October 28, 1995.
States will have two years from the date the EPA promulgates its final rules to pass enabling legislation that establishes licensing, certification, and accreditation programs. It was EPA's plans to finalize its standards and publish its rules by the end of 1995.
The state programs must be at least as protective as EPA's. Enabling legislation has been introduced in the Oregon Legislature, as HB2971. If the bill passes, it will take effect on the same schedule as Title X.
Q: How will the law affect me if I'm planning to sell or buy a home?
A: After October 28, 1995, if you are planning to buy a home, four lead-disclosure conditions must be met. The seller or seller's agent must do the following:
Please note that except for the 10-day inspection period, the same disclosure conditions must be met when signing a lease for a residential unit.
Q: Who will enforce the act in Oregon?
A: If the Oregon Legislature passes HB2971, the Oregon Health Division will be responsible for accrediting training programs and certifying individuals who have successfully completed such programs. The Oregon Construction Contractors Board will be responsible for licensing businesses and individuals who wish to engage in lead-based paint activities in Oregon. The bill grants both agencies enforcement powers. The courts will probably exert the most influence for compliance with the disclosure rule. The law provides for civil penalties for knowingly violating these requirements. A buyer or lessee may sue violators for up to three times the amount of the damages incurred.
Q: What do realty agents need to know about Title X?
A: They need to know all the details pertaining to the lead disclosure rules. Agents will be held responsible if the law is not followed.
Q: Does the law affect me if I'm planning to do painting or remodeling work in my home?
A: As a homeowner, the law will not affect you if you are painting or remodeling in your own home. If, however, you live in a home built before 1978, it is advisable to educate yourself on how to work safely when dealing with lead-based paint. For more information, contact the National Lead Information Center at (800) 424-5323 or the Oregon Childhood Lead Poisoning Prevention Program at 248-5240.
Q: What else should homeowners or buyers know about the law?
A: Keep in mind that the purpose of the law is not to place additional burdens on the homeowners. The law was passed to protect children, particularly very young children, from damage caused by exposure to lead. Lead is a toxin. In high doses it can cause retardation, neurological damage, even death. Even small doses of lead have been shown to have an adverse (and perhaps permanent) effect on a child's intellectual development. Lead-based paint and dust containing lead are two major sources of lead still found in a child's environment.
Designed by American Environmental Services, Inc.
All contents Copyright © 1996, AES, Inc. All rights reserved.
All contents courtesy of American Environmental Services, Inc.
Used with permission.
Last updated: January 17, 1996.