Lead Based Paint Requirements

State:
Maryland
Control #:
MD-LEAD1
Format:
Word; 
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Description

This Lead-Based Paint Disclosure statement is required by Federal Law when selling residential housing built prior to 1978. If the home was constructed PRIOR TO 1978, this form is REQUIRED to be completed and signed by the seller and buyer. If the dwelling was constructed in 1978 or later, this form is not required. If in doubt about the timing of construction, use the disclosure form. Whenever the form is used, the seller must also give the buyer the EPA pamphlet discussed below.

Lead-based paint requirements refer to regulations and standards set by government agencies to ensure the safe handling, removal, and renovation of lead-based paint in order to protect public health and the environment. These requirements aim to prevent lead exposure, especially among children who are particularly vulnerable to its harmful effects. In the United States, the Environmental Protection Agency (EPA) has established lead-based paint requirements under the Lead Renovation, Repair, and Painting (RAP) Rule. This rule applies to homes, apartments, and child-occupied facilities built before 1978 when the use of lead-based paint was still allowed. The RAP Rule mandates that contractors, renovators, and painters who disturb lead-based paint on surfaces greater than 6 square feet (or 2 square feet for window sills) must be certified by the EPA, follow specific work practices, and use lead-safe work methods and cleaning procedures. Another important set of lead-based paint requirements is the Toxic Substances Control Act (TSA) Section 402, administered by the EPA. This regulation covers lead-based paint activities in public and commercial buildings, including schools and daycares. It sets forth rules for lead-based paint inspections, risk assessments, and abatement activities. These requirements aim to identify, evaluate, and eliminate lead hazards, ensuring the safety of occupants and workers in these buildings. Additionally, the Department of Housing and Urban Development (HUD) has lead-based paint requirements that apply to properties built prior to 1978 that receive federal assistance or are subject to a federally backed mortgage loan. HUD's Lead-Safe Housing Rule mandates the use of lead-safe work practices in properties where children under the age of 6 reside. These lead-based paint requirements are crucial in preventing lead poisoning, as the ingestion or inhalation of lead particles can lead to serious health issues. Exposure to lead can cause developmental delays, behavioral problems, learning disabilities, and organ damage. Therefore, adherence to these regulations is vital to protect the well-being of individuals, particularly children, and to maintain safe and healthy living spaces.

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How to fill out Maryland Lead Based Paint Disclosure For Sales Transaction?

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FAQ

If your home was built before 1978, it is more likely to have lead-based paint. In 1978, the federal government banned consumer uses of lead-based paint, but some states banned it even earlier. Lead-based paint is still present in millions of homes, normally under layers of newer paint.

In 1977, the Consumer Products Safety Commission limited the lead in most paints to 0.06% (600 ppm by dry weight). Since 2009, the lead allowable in most paints is now 0.009%. Paint for bridges and marine use may contain greater amounts of lead.

Lead in Paint and Similar Surface Coatings. All children's products, and some furniture, for adults and children, must not contain a concentration of lead greater than 0.009 percent (90 parts per million) in paint or any similar surface coatings. Household paint must also meet this requirement.

Lender requires as a condition to the making of the Mortgage Loan that Borrower develop, implement and carry out an operations and maintenance plan for the containment or removal of paint containing more than one-half percent (0.5%) lead by dry weight (?Lead-Based Paint?) on the Mortgaged Property (?O&M Plan?).

This requires that potential buyers and renters of housing built prior to 1978 receive certain information about lead and lead hazards in the residence prior to becoming obligated to buy or rent, and provides the opportunity for an independent lead inspection for buyers.

More info

Requirements for lead-based paint disclosures Provide the prospective buyer or tenant with a copy of the EPA pamphlet entitled Protect Your Family from Lead in Your Home. Provide disclosure of all known lead-based paint hazards in the home, including any previously obtained reports.Sellers must provide homebuyers a 10-day period to conduct a paint inspection or risk assessment for lead-based paint or lead-based paint hazards. Provide a 10day period to conduct a paint inspection or risk assessment for leadbased paint or leadbased paint hazards. You are typically required to hold on to these records for three years from the date the lease begins. Clearance is required when lead hazard reduction activities are complete. Options There are two options, as follows: 1. The law requires real estate professionals to obtain and disclose information on known lead paint hazards in homes. Clearance is required when lead hazard reduction activities are complete. Options There are two options, as follows: 1.

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Lead Based Paint Requirements