Appendix A. LAWS AND REGULATIONS PROMOTING LEAD SAFETY

The use of lead in pipes or solder in drinking water supply plumbing was banned in 1986. Lead-free solder and plumbing fixtures are available commercially. Some brass pumps for wells contain high amounts of lead.

Title X of the 1992 Housing and Community Development Act (P.L. 102-550) requires that in federally assisted or federally sold housing built prior to 1978, HUD will provide guidelines on risk assessments, inspections, interim controls and abatement of lead-based paint hazards. Buyers of pre-1978 houses are to be given a warning and up to 10 days to get a lead hazard inspection or assessment. The sales contract must reveal the presence of known lead-based paint. Also, landlords must reveal the presence of known lead-based paint hazards to prospective lessors of pre-1978 housing. It mandates the accreditation of lead abatement professionals and training providers.

Federal Regulations

24 CFR Part 35 and 40 CFR Part 745 (HUD and EPA regulations issued jointly and published March 6, 1996), "Lead; Requirements for Disclosure of Known Lead-Based Paint and/or Lead-Based Paint Hazards in Housing; Final Rule". Promulgated under Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992. Requirements include that sellers and lessors of most housing built prior to 1978 must disclose the presence of known lead-based paint and/or lead-based paint hazards by persons selling or leasing housing built prior to 1978. Prospective buyers must be given at least a ten-day period to conduct an inspection/risk assessment at their own expense. Sellers and lessors must also provide buyers and lessees with a federally-approved pamphlet, developed by HUD, EPA, and the Consumer Product Safety Commission, on how to protect families from lead in homes. The disclosure rule does not require any testing or abatement.

 

24 CFR Part 35, 36, 37 (US Department of Housing and Urban Development, published June 7, 1996; Part 35 was published March 6 and did not appear with Parts 36 and 37; they will all be published together in 1997), "Requirements for Notification, Evaluation, and Reduction of Lead-Based Paint Hazards in Federally Owned Residential Property and Housing Receiving Federal Assistance; Proposed Rule". Details HUD's proposed requirements for lead hazard control in conjunction with HUD programs, including housing rehabilitation funded by the Community Development Block Grant and HOME Programs.

40 CFR Part 745 (US Environmental Protection Agency, published August 29, 1996), "Lead; Requirements for Lead-Based Paint Activities in Target Housing and Child-Occupied Facilities; Final Rule". Section 402 of the Toxic Substance Control Act requires that individuals conducting lead-based paint activities in target housing and child-occupied facilities are properly trained and certified. It also requires that training programs providing instruction in such activities are accredited and that these activities are conducted according to reliable, effective and safe work practice standards. It also defines "abatement".

Federal lead-based paint regulations, including the "HUD Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing", are currently available on the Internet at http://www.access.gpo.gov/su_docs/aces/aces140.html.