Section 845.25 Disclosure Requirements

Section 845.25

Disclosure Requirements

a)         An

owner of a regulated facility who has received a mitigation notice under

Section 9 of the Act shall, before entering into a lease or purchase agreement

for the regulated facility for which the mitigation notice was issued, provide

prospective lessees or purchasers of that unit with written notice that a lead

hazard has previously been identified in the regulated facility.  An owner may

satisfy this notice requirement by providing the prospective lessee or

purchaser with a copy of the inspection report, mitigation notice and

subsequent certificate of compliance prepared pursuant to Section 9 of the Act.

b)         Before

entering into a residential lease or purchase agreement, all owners of

regulated facilities built before 1978 shall inform prospective lessees or

purchasers of the potential health hazards posed by lead by providing the

prospective lessee or purchaser with a copy of an informational brochure on

lead poisoning.  The disclosure and informational brochure shall be consistent

with the requirements set forth in 40 CFR 745, subpart F (Disclosure of Known

Lead-Based Paint and/or Lead-Based Paint Hazards Upon Sale or Lease of

Residential Property).

c)         No

more than 60 days before beginning lead mitigation or lead abatement in any

regulated facility, a lead abatement contractor shall, at a minimum:

1)         Provide

the owner with the pamphlet as required in subsection (b) of this Section, and

comply with one of the following:

A)        Obtain

from the owner a written acknowledgment that the owner has received the pamphlet;

or

B)        Obtain

a certificate of mailing from the United States Postal Service (USPS) at least 7

days prior to beginning the lead mitigation or lead abatement; and

2)         Provide

the tenant with the pamphlet required in subsection (b) of this Section and comply

with subsections (c)(1)(A) and (B) of this Section, or:

A)        Obtain

from the tenant a written acknowledgment that the tenant has

Obtain

a certificate of mailing from the United States Postal Service (USPS) at least 7

days prior to beginning the lead mitigation or lead abatement; and

2)         Provide

the tenant with the pamphlet required in subsection (b) of this Section and comply

with subsections (c)(1)(A) and (B) of this Section, or:

A)        Obtain

from the tenant a written acknowledgment that the tenant has received the

pamphlet.  If the lead abatement contractor cannot get written acknowledgment

from the tenant, the lead abatement contractor shall document the attempts and

the reason why the acknowledgment was not obtained (i.e., tenant refused, no

tenant available); or

B)        Obtain

a certificate of mailing from the USPS at least 7 days prior to beginning the lead

mitigation or lead abatement.