1. A seller or lessor of target housing shall disclose to the purchaser or lessee the presence of any known lead-based paint, provide available reports, provide a lead hazard information pamphlet, give purchaser a 10 day opportunity to conduct a risk assessment, and attach a disclosure and warning statement to the sales or leasing contract.

2.0  SCOPE

1. These regulations apply to all transactions to sell or lease target housing with the following exceptions:

• Sales of target housing at foreclosure.
• Leases of target housing found to be lead free by a certified inspector.
• Short-term leases of 100 days or less where no lease renewal can occur.
• Renewals of existing lease in which information has been previously disclosed.

3.0  DEFINITIONS

1. Target housing- any housing constructed prior to 1978 with the following exceptions:

• Housing for the elderly or persons with disabilities unless a child less than 6 resides in the housing.
• Any 0-bedroom dwelling

2. 0-bedroom dwellings- a residential dwelling in which the living area is not separated from the sleeping area; includes efficiencies, studio apartments, dormitory housing, and rentals of individual rooms in residential dwelling.

3. Common area - a portion of a building generally accessible to all residential/users including hallways, stairways, laundry, recreational rooms, playgrounds, community centers, and boundary fences.

4. Lead-based paint free - target housing that is free of paint that contains lead equal to or in excess of 1.0 mg/sq.cm. or 0.5% by weight.

5. Residential dwelling:

• A single-family dwelling, including attached structures or
• A single-family dwelling unit in a structure that contains more than one separate residential dwelling unit.

4.0  DISCLOSURE REQUIREMENTS

1. The following activities shall be completed before the purchaser or lessee is obligated to purchase or lease target housing that is not exempted under these regulations.

a. An EPA approved lead hazard information pamphlet (Protect Your Family From Lead In Your Home, EPA # 747-K-99-001) will be provided to the purchaser or lessee.

b. The presence of any known lead-based paint, and it=s location and condition shall be disclosed to the purchaser or lessee. The seller or lessor is not obligated to conduct any evaluation or reduction activities.

c. Any records or reports pertaining to lead-based paint in the target housing and common areas shall be provided to the purchaser or lessee. This includes other residential dwelling in multifamily target housing.

1. Each contract to lease target housing shall include the following elements:

a. A lead warning statement with the following language:

"Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of lead-based paint and/or lead based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention."

b. A statement by the lessor disclosing the presence of any known lead-based paint, and its location and condition in the target housing or indicating no knowledge of the presence of lead-based paint.

c. A list of any records or reports pertaining to lead-based paint in the housing that have been provided to the lessee. If no records or reports are available, the lessor shall so indicate.

d.. A statement by the lessee affirming receipt of the information in b and c of this section, and the lead hazard pamphlet.