216-50-15 R.I. Code R. § 3.5

Current through May 1, 2024

Section 216-RICR-50-15-3.5 - Lead Disclosure

3.5.1EPA/HUD Lead Disclosure Rule

The requirements in § 3.5 of this Part are in addition to, not in lieu of, Federal requirements for disclosure of lead-based paint and/or environmental lead hazards in housing ( 24 C.F.R. Part 35, Subpart A and 40 C.F.R. Part 745, Subpart F).

3.5.2Records and Reports

A. Property owners shall maintain information concerning the presence of lead based paint and/or environmental lead hazards including, but not limited to, lead certificates and inspection reports for as long as they own that property.

B. The owner shall notify each agent about the existence of any such available lead certificates and reports, including any certificates or reports which are in the possession of the seller or lessor or which are reasonably obtainable.

3.5.3Disclosure Requirements for Sellers and Lessors

A. Non-exempt sellers and lessors shall meet all of the following requirements before a purchaser or lessee is obligated under any contract to purchase or lease target housing:

1. Educational Pamphlet

The seller or lessor shall provide the purchaser or lessee with the EPA pamphlet Protect Your Family from Lead in Your Home containing the insert What You Should Know about the Rhode Island Lead Law, available on the Department's website.

2. Lead Warning Statement

The seller or lessor shall include in each contract for the sale or lease of any residential dwelling, including oral leases, a lead warning statement and a written disclosure acknowledgment that is in accordance with 24 C.F.R. § 35.92 and 40 C.F.R. § 745.113.

3. Lead Disclosure

a. The seller or lessor shall disclose to the purchaser or lessee, as well as to each agent, any known information about the presence of lead-based paint and/or environmental lead hazards at the property being sold or leased.

b. Any agreement to transfer real estate must contain an acknowledgment that a completed lead disclosure form has been provided to the buyer by the seller in accordance with the provisions of § 3.5 of this Part.

c. For all properties, the lead disclosure must include the following:

(1) The property address and dwelling unit number, if applicable;

(2) A copy of any current lead certificate(s) for the dwelling or dwelling unit and common areas;

(3) A chronological listing of all available lead inspection reports and certificates for the property being sold or leased; and

(4) Instructions on how to obtain copies of those reports and certificates. Delivery to the requesting purchaser or lessee must be made within seven (7) days of the request and at no charge.

d. For residential rental properties, the lead disclosure must also include:

(1) Basic information about this Part and its applicability to the subject property;

(2) The name and contact information of the owner, registered agent, and/or designated person who is responsible for maintaining the property.

e. The disclosure acknowledgment must be a stand-alone document, which includes the property address, or its own separate page when included in a written lease.

f. The seller or lessor shall retain a copy of the signed and dated disclosure acknowledgment for a minimum of three (3) years or the term of the tenancy, whichever period is longer, as proof of compliance with § 3.5 of this Part.

3.5.4Additional Requirements for Sellers

A. Lead Inspection Period

1. Sellers of any one (1) to four (4) unit residential dwelling built prior to 1978 shall allow the purchaser a ten (10) day period in which to have an inspection for the presence of lead-based paint and/or environmental lead hazards prior to the purchaser becoming obligated under any Contract for the Purchase and Sale of Residential Real Property.

a. A mortgagee selling a property at a foreclosure auction is exempt from allowing the inspection.

b. A seller and purchaser may agree to change the terms of the lead inspection period, provided that the agreement is in writing and the seller has fully complied with all other disclosure requirements.

3.5.5Responsibilities of Real Estate Agents

A. Each agent shall ensure compliance with all requirements of § 3.5 of this Part by informing the seller or lessor of his/her responsibilities and ensuring that the seller or lessor has performed all required activities or personally ensuring compliance with the disclosure requirements.

B. If the agent has complied with § 3.5.5(A) of this Part, the agent shall not be liable for the failure to disclose to a purchaser or lessee the presence of lead-based paint, existing environmental lead exposure hazards, or potential environmental lead exposure hazards known by a seller or lessor but not disclosed to the agent.

C. If the agent has not complied with § 3.5.5(A) of this Part, the Department shall report the agent to the Department of Business Regulation, Division of Commercial Licensing and Regulation, Real Estate Section, for enforcement action pursuant to R.I. Gen. Laws Chapter 5-20.5.

3.5.6Responsibilities of Property Owners

A. Owners of regulated facilities shall maintain their properties in a lead-safe condition, free from lead hazards.

B. Owners of pre-1978 residential rental units shall obtain a valid lead certificate for all non-exempt rental units by hiring a licensed Lead Inspector to perform a lead inspection.

C. Owners of regulated facilities performing lead hazard mitigation, spot removal or minor repair and maintenance activities shall not use any work practices prohibited in § 12.5 of this Subchapter.

D. Owners of regulated facilities and target housing shall employ a licensed Lead Renovation Firm or Lead Contractor for:

1. Any window removal/replacement (no de minimis);

2. Interior mechanical paint removal (no de minimis);

3. Interior or partial demolition activities (no de minimis);

4. Activities that disturb six square feet (6 ft²) or more of lead-based paint per interior room; and/or

5. Activities that disturb twenty square feet (20 ft²) or more of exterior lead based paint.

E. Owners in receipt of any notice or order from the Department shall comply with all terms and conditions as directed in that notice or order to avoid potential enforcement actions, pursuant to § 5.7 of this Subchapter.

F. Owners in receipt of a notice or order from a Lead Assessor or other government enforcement authority, as applicable, shall:

1. Contact that enforcement authority to arrange a follow-up inspection for the property, as directed in the notice or order; or

2. Hire a licensed Lead Inspector to perform the applicable follow-up inspection, as directed in the notice or order.

G. Owners of any dwelling or dwelling unit that was the subject of any lead inspection shall notify the occupants of the results within seven (7) days of receiving those results and provide a complete copy of the lead inspection report upon request.

H. Owners shall notify and disclose information about lead-based paint and/or environmental lead hazards to prospective tenants or buyers, as well as to each designated client representative, transaction facilitator, transaction coordinator, or dual facilitator, pursuant to § 3.5 of this Part.

I. Owners and their agents who fail to comply with the requirements of this Part and any related State law or Regulation shall be subject to the compliance and enforcement procedures, pursuant to § 3.6 of this Subchapter.

216 R.I. Code R. § 216-RICR-50-15-3.5

Amended effective 1/2/2022