To protect families from exposure to lead from paint, dust, and soil, Congress passed the Residential Lead-Based Paint Hazard Reduction Act of 1992, also known as Title X. Section 1018 of this law directed HUD and EPA to require the disclosure of known information on lead-based paint and lead-based paint hazards before the sale or lease of most housing built before 1978.

WHAT IS REQUIRED

Before ratification of a contract for housing sale or lease, Sellers and landlords must:
give an EPA-approved information pamphlet on identifying and controlling lead-based paint hazards ("Protect Your Family From Lead In Your Home" pamphlet)
disclose any known information concerning lead-based paint or lead-based paint hazards. The seller or landlord must also disclose information such as the location of the lead-based paint and/or lead-based paint hazards, and the condition of the painted surfaces
provide any records and reports on lead-based paint and/or lead-based paint hazards which are available to the seller or landlord (for multi-unit buildings, this requirement includes records and reports concerning common areas and other units, when such information was obtained as a result of a building-wide evaluation)
include an attachment to the contract or lease (or language inserted in the lease itself) which includes a Lead Warning Statement and confirms that the seller or landlord has complied with all notification requirements. This attachment is to be provided in the same language used in the rest of the contract. Sellers or landlords, and agents, as well as homebuyers or tenants, must sign and date the attachment.
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. Parties may mutually agree, in writing, to lengthen or shorten the time period for inspection. Homebuyers may waive this inspection opportunity.
TYPE of HOUSING COVERED
Most private housing, public housing, Federally owned housing, and housing receiving Federal assistance are affected by this rule.
EFFECTIVE DATES
The regulations became effective on September 6, 1996 for transactions involving owners of more than 4 residential dwellings and on December 6, 1996 for transactions involving owners of 1 to 4 residential dwellings.
RECORDKEEPING
Sellers and lessors must retain a copy of the disclosures for no less than three years from the date of sale or the date the leasing period begins.
WHAT YOU CAN DO
If you did not receive the Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards form when you bought or leased pre-1978 housing, contact 1-800-424-LEAD (5323).
 

Lead Based Paint Disclosure Rule

Lead Based Paint Disclosure Rule   (24 CFR Part 35, subpart A)   (61 Federal Register 9064)   Rule Interpretive Guidances   Part I, August 21, 1996 [PDF]   Part II, December 5, 1996 [PDF]   Part III, August 2, 2000 [PDF]

If you live in a home built before 1960, it is very likely that it contains some lead paint. Homes built between 1960 and 1978 may also contain lead paint, but they are less and less likely to, the closer you get to 1978, when the Consumer Product Safety Commission finally issued its ban against lead-based paint. If you live in a home built before 1978 that also has been allowed to deteriorate for a few years, you may have a lead-contaminated dust problem. To find out if your home contains lead paint or a lead-based paint hazard, you should hire a professional.
If all you want to do is find out if there is lead paint in your home, you should hire a lead inspector to test all the paint. Depending on the size of your home, this normally takes between one and four hours. You will know the results of the inspection on the spot. The inspector will be able to tell you whether or not there is lead paint in the home, where it is, and the concentration of lead in the paint. (Older homes contain higher concentrations of lead in paint than homes built after the early 1950s. The higher the concentration, the greater the hazard once the paint deteriorates.)
If you also want to find out if your home contains any lead-contaminated dust, which is the most dangerous of all lead-based paint hazards, you should hire either a risk assessor or a sampling technician. They will take samples of dust throughout your home and then send them to a laboratory for analysis. You should be able to learn the results within three to seven days. You will learn whether there is any lead-contaminated dust in your home and where it was found. A risk assessor can also tell you what you should do next to take care of the problem. Alternatively, you can buy a dust sampling kit and carefully do the sampling yourself, send the samples to an appropriate laboratory for analysis, and get the results directly from the lab. This is a less expensive way to find out about lead-contaminated dust in your home. The National Safety Council offers a lead dust test kit that includes everything a consumer needs to determine the presence of lead dust in their home, including detailed instructions and a pre-stamped, pre-addressed envelope to the lab for sample analysis. Download an order form.
Various manufacturers also offer what is called a "spot test kit," basically a sampling tool that uses a chemical process to help consumers figure out if there is lead present in household paint, or even on ceramicware or on toys. However, spot test kits are not considered completely reliable tools in terms of their accuracy, and they should not be relied upon for definitive answers regarding the presence of lead paint.
To locate a lead inspector, a risk assessor, or another certified professional in lead hazard evaluation and control activities, proceed to the Lead Listing at http://www.leadlisting.org.
What are some simple steps to take to prevent or reduce lead exposure?
Maintain the paint in your home and clean up any lead dust. If you live in a home built before 1978, the most important step to take to reduce the risk of exposure to lead is to make sure that the paint is well maintained. Whenever repainting, renovation, or other work is undertaken that may end up disturbing a painted surface, it is critical to moisten the surface first, in order to prevent the work from generating dust. Similarly, all painted debris from the work should be contained, in other words prevented from spreading beyond the area where the debris can be carefully gathered and then safely disposed of.
If you think you may have a lead dust problem, you can clean up lead-contaminated dust yourself by carefully and thoroughly washing the area, using soapy water and a mop. A three-bucket system is ideal, with one bucket holding the soapy water (a general all-purpose cleaner is adequate, but dishwasher soap containing phosphates or a lead-specific detergent may be more effective), a second bucket serving as the rinse bucket, and the third containing only clean water. After you wash a section of floor with the soapy water, rinse the mop in the rinse bucket, then dunk it in the clean water bucket, and finally dip it back in the soapy water bucket before cleaning the next area. For smaller areas such as window sills, a rag should be used instead of a mop. Once done, throw the mop or rag away. Whenever cleaning lead-contaminated dust, vigorous wiping is most effective in removing the lead. However, wiping should never be done in a back-and-forth manner, but rather from left to right (or vise-versa), or from the top of a wall downwards.
Once cleaning has been completed for a given room, it is time to rinse, using only clean water and preferably a new mop head.
Remember that if you do have a lead dust problem, you will also need to address the source of the lead dust. In many instances, lead dust particles are generated by friction caused by the opening and shutting of old windows. With old, deteriorating windows, outright window replacement may be the best option. In addition to solving your lead dust problem, this also typically results in significantly increased energy efficiency, higher property values, and lower heating and cooling bills.
If you have a young child in your home and you suspect there may be a lead problem, take the recommended steps to eliminate any lead-contaminated dust, and make sure the child washes his/her hands frequently. Also make sure to clean any toys that have been lying about in areas that you suspect may contain lead-contaminated dust.
Check the water. To ensure your drinking water does not contain a hazardous level of lead, test the water at your faucets. Call the EPA Safe Drinking Water Hotline at 800-426-4791 for more information. Kits for testing water, along with the instructions for doing so, are available from a number of providers.
Eat right. The amount of lead the human body retains can be reduced if you make sure your child's diet includes plenty of foods that contain iron, calcium and zinc. Foods rich in iron include eggs, raisins, greens, beans, peas, and other legumes. Dairy products such as milk, cheese, and yogurt are recommended for their high calcium content. Lean red meat and oysters are examples of foods that contain zinc. Avoid giving children fried or fatty foods—although remember that a certain amount of dietary fat is vital for children under two years of age. And make sure your children always wash their hands before eating.
Check your ceramic ware. Some pottery may contain lead that can leach into food and drinks. Avoid eating off any colorfully painted ceramic plates, and avoid drinking from any ceramic mugs unless you know they do not leach lead. This is particularly important if the pottery was made in Mexico or another Latin America country, or in Asia. Generally, pottery made in the US, in Canada, or in Western Europe tends to be safe.
Do not store alcohol in crystal containers. Crystal decanters and glasses are often made with lead. When an acidic substance or alcohol is left in these containers for longer than just a few hours, there is a risk that the lead could leach into the liquid.
Cover bare soil play areas. You should ensure your child avoids playing in bare soil areas unless you know they are lead free. Often, bare soil will contain some lead, either deposited there by vehicle emissions from leaded gasoline days, or from deteriorated exterior paint. This is frequently the case in vacant lots, where old buildings once stood, or in a neighborhood where extensive renovation work may have occurred. If you have a bare soil problem, the easiest way to reduce the risk is to cover the soil with mulch (for instance, pebbles, shrubbery, or grass). A child who plays in lead-contaminated bare soil is likely to get some under his/her fingernails, which will eventually find their way into his/her mouth, or on toys, or on their shoes, which could track the lead into the home. Similarly, a dog that rolls around in lead-contaminated bare soil may end up transporting some of that lead into the home.
What laws help prevent lead poisoning?
At the Federal level, the Lead-Based Paint Hazard Reduction Act of 1992, known as Title X (Title ten), is the source of much of the law of the land on lead paint. One of its most important requirements is the disclosure of known lead hazards at the time of the sale or lease of a home built before 1978. Sellers and landlords must also provide a pamphlet on lead poisoning to the buyer or renter before the pre-1978 property is sold or rented.
The Federal lead hazard disclosure laws have been vigorously enforced by the US Department of Housing and Urban Development (HUD), the US Environmental Protection Agency (EPA), and the US Department of Justice (DOJ). For the past five years, these Federal agencies have been working closely together to help ensure that property owners and real estate agents comply with the Title X disclosure requirements.
Similarly, Title X also requires renovators, remodelers, and others who conduct such activities for compensation in homes built before 1978 to provide the pamphlet entitled Protect Your Family From Lead in Your Home to the owners and occupants of affected housing, prior to beginning the work.
At the state or local level, your state or municipality may have enacted additional laws to protect you from lead poisoning. Check with your state and local health and housing departments for details.
Code enforcement is another important legal tool that can be used to prevent lead poisoning. Most local codes already prohibit chipping, peeling paint conditions.

Real-Estate Companies

When is Lead Based Paint a Concern