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What is the responsibility of an agent if the seller or landlord fails to comply with the EPA and HUD Real Estate Notification and Disclosure Rule?
Answer: The agent is responsible for informing the seller or lessor of his or her obligations under the EPA and HUD Real Estate Notification and Disclosure Rule . In addition, the agent is responsible if the seller or lessor fails to comply. However, an agent is not responsible for information…
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If a certified renovator using an EPA-recognized lead test kit or paint chip sampling determines that the components that will be affected by a renovation are free of lead-based paint, can a firm that does not have RRP certification do the actual renovation work? What record-keeping requirements would apply?
Where a certified renovator performs paint chip sampling or uses an EPA-recognized lead test kit following the lead test kit manufacturer’s instructions, tests each component affected by the renovation, and determines that the components are free of paint or other surface coatings that contain lead at regulated levels, the renovation…
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I am an EPA-certified lead risk assessor. Can I use an EPA-recognized lead test kit when assessing whether or not a pre-1978 home contains lead-based paint for purposes of the Lead Renovation, Repair and Painting (RRP) Rule?
Answer: Yes. In addition to a certified renovator, a person certified by EPA as a risk assessor or lead inspector may use an EPA-recognized lead test kit to determine that regulated lead-based paint is not present in a home. Such a report can also be used to confirm that the…
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Is it true that the lead test kits that were recognized by EPA before September 1, 2010, are no longer recognized since that date?
No. The lead test kits that were recognized by EPA before September 1, 2010 did not automatically lose their recognition on September 1, 2010. As discussed in the 2008 Lead Renovation, Repair and Painting (RRP) Rule , prior to September 1, 2010, manufacturers seeking recognition of their lead test kit…
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Will there be any Phase Two lead kits approved as a result of EPA’s Environmental Technology Verification (ETV) evaluations?
Answer: Based on the results of the recent ETV evaluations no new lead test kits were approved that meet both the negative response and positive response criteria requirements. However one lead test kit, D-Lead® ,did meet the negative response criterion for drywall, plaster, ferrous metal and wood, and was recognized…
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My firm is not certified and does not employ a certified renovator. If we are asked to perform a renovation in a pre-1978 home, we test for lead using an EPA-recognized lead test kit. Can we perform these lead tests without being a certified renovator?
No. When performing a renovation in a pre-1978 home, a firm is exempted from the requirements of the Lead Renovation, Repair, and Painting (RRP) Rule if a determination has been made that the surfaces affected by the renovation are free of paint or other surface coatings that contain lead equal…
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What type of housing is not affected by the EPA and HUD Real Estate Notification and Disclosure Rule?
Answer : Housing that is not affected by the EPA and HUD Real Estate Notification and Disclosure Rule includes: 0-bedroom dwellings, such as lofts, efficiencies, and studios; Leases of dwelling units of 100 days or fewer, such as vacation homes or short-term rentals; Designated housing for the elderly and the…
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Where can I find a qualified professional to conduct an inspection?
Answer : State agencies can provide helpful information for locating qualified professionals in your area. The EPA pamphlet " Protect Your Family From Lead in Your Home ", provides the phone numbers of these state agencies. It is important to verify the qualifications of individuals and firms before hiring them…
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What type of housing is affected by the EPA and HUD Real Estate Notification and Disclosure Rule?
Answer : The EPA and HUD Real Estate Notification and Disclosure Rule applies to all housing defined as "target housing", which includes most private housing, public housing, housing receiving federal assistance, and federally owned housing built before 1978. Question Number: 23002-33207 Find a printable PDF copy of all frequent questions…
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Must I check my house for lead prior to sale?
Answer: No. The rule does not require that a seller conduct or finance an inspection or risk assessment. The seller, however, is required to provide the buyer a 10-day period to test for lead-based paint or lead-based paint hazards. Question Number: 23002-33217 Find a printable PDF copy of all frequent…
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What if I know there is lead-based paint in my home?
Answer: If you know there is lead-based paint in your home, you are required to disclose this information to the buyer or renter along with any other available reports on lead. Question Number: 23002-33219 Find a printable PDF copy of all frequent questions pertaining to lead .
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As an agent what are my responsibilities?
Answer Agents must ensure that: Sellers and landlords are made aware of their obligations under this rule; Sellers and landlords disclose the proper information to lessors, buyers, and tenants; Sellers give purchasers the opportunity to conduct an inspection; and Lease and sales contracts contain the appropriate notification and disclosure language…
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If I am renting, do I have the same opportunity to test for lead?
Answer: Under the law, the 10-day inspection period is limited to sales transactions, but nothing prevents the renter from negotiating with the lessor to allow time for an inspection before rental. Question Number: 23002-33225 Find a printable PDF copy of all frequent questions pertaining to lead .
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How can I tell if my home contains lead-based paint?
Answer: The older your home, the more likely it contains lead-based paint. For example, 87% of homes built before 1940 have some lead-based paint, while 24% of homes built between 1960 and 1978 have some lead-based paint. Lead-based paint may be present in private single-family homes or apartments, government-assisted, or…
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Under the Lead Renovation, Repair and Painting (RRP) Rule, when testing a property for the presence of lead prior to beginning a renovation using an EPA-recognized lead test kit, must I test every component affected by the renovation?
Yes. Certified renovators using EPA-recognized lead test kits to determine the applicability of the RRP Rule must test each and every component that will be affected in order to determine that the RRP Rule does not apply to a particular renovation because certified renovator training does not cover sampling protocols…
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