Do You Have A Question About The Rhode Island Lead Law????

I. HOW TO COMPLY WITH THE LEAD HAZARD MITIGATION LAW

1.1. Who does the Lead Hazard Mitigation Law apply to?

The new Law applies to most owners of residential rental properties built prior to 1978.

If you own the following types of pre-1978 rental dwelling units, you are now exempt from the requirements of the Lead Hazard Mitigation Law:

1. Rental units with a current Lead Safe or Lead Free certificate;
2. Temporary housing or seasonal housing, which is defined as housing that is rented for no more than one hundred (100) days in a calendar year to the same tenant;
3. Housing that is specifically designated by a regulatory agreement or a zoning ordinance to house persons sixty-two (62) years of age or older;
4. Two (2) or three (3) unit properties in which one of the units is occupied by the property owner.

Owners of all other types of rental properties must comply with the Law.

Please note that individuals who own exempt properties are not free from legal liability. Owners can be held legally liable for any lead poisoning incident that occurs on their rental property, regardless of whether or not they are exempt from the Lead Hazard Mitigation Law.

1.2. Does the Lead Hazard Mitigation Law apply to vacation rental units?

If you own a vacation rental unit, the Law will apply only if you rent the unit for more than 100 days in a calendar year to the same tenant.

1.3. If I rent out my condominium, do I need to inspect the entire building?

No. Inspections on condominiums are limited to the interior of the dwelling unit. The exterior, soil, and common areas are exempt from inspection. However, be aware that there are state and local minimum housing standards that you and the Condominium Association may have to comply with.

1.4. I am over 62 and I own property that I rent out. Does the elderly housing exemption apply to me?

No. You have to comply with the Lead Hazard Mitigation Law unless the rental units are designated by a federal, state, or local program for elderly housing as set forth in a regulatory agreement or zoning ordinance, or you meet one of the other exemptions listed above.

1.5. What do I need to do to be in compliance with the Lead Hazard Mitigation Law?

Compliance means:

1. Attend a three (3) hour Lead Hazard Awareness Class.
2. Visually assess your rental property for lead hazards.
3. Fix lead hazards on your property.
4. Upon tenant turnover after November 1, 2005, get an Independent Clearance Inspection of the unit.
5. Give tenants information about lead hazards and a copy of the Inspection Report.
6. Respond to tenants' concerns regarding lead hazards in their rental unit.
7. Perform ongoing maintenance using lead safe work practices learned in the three (3) hour Lead Hazard Awareness Class.

1.6. What are my responsibilities under the Law?

Under the Law, property owners are required to take the three-hour Lead Hazard Awareness Class, maintain and meet Lead Hazard Mitigation Standard, and obtain and keep current a Certificate of Conformance. They must also provide tenants with basic information about lead hazard control, a copy of the Independent Clearance Inspection Report, and a name and phone number they can call to report any visible lead hazards. Property owners are also responsible for correcting any lead hazards within thirty (30) days after notification by a tenant.

Tenants have responsibilities under the Law too. Tenants are responsible for informing landlords of lead hazards in their units and for contacting the Housing Resources Commission at 1-800-570-0768 if their landlord does not adequately address the hazards. Tenants may voluntarily notify property owners if there is a change in family status.

1.7. I own rental property. Do I have to be in compliance with all components of the Law by November 1, 2005, including making my units safe from lead hazards?

The law requires you to take a three-hour Lead Hazard Awareness Class approved by the Housing Resources Commission before November 1, 2005.

HOWEVER, as of November 1, 2005, your insurance carrier may ask for proof of compliance with the Law. Please contact your insurer or insurance agent directly for assistance.

As of November 1, 2005 you will no longer be protected by the ?innocent owner? provision, which means that now property owners can be held responsible for any cases of lead poisoning that occur on their property.

1.8. What if I don't rent to children or pregnant women? Do I still have to comply with the Law?

Yes, you are still required to comply with the Law even if you do not rent to children or pregnant women. The requirements of the Lead Hazard Mitigation Law are good maintenance practices that you should follow in order to protect yourself, your family, and your tenants.

1.9. Where can I get assistance to help bring my units into compliance?

If you need financial and/or technical assistance, call the Housing Resources Commission's Lead Technical Assistance Center at 1-800-570-0768 or visit us at the Lead Mitigation Information Page. We may be able to assist you with:

• Visual Assessments
• Lead Hazard Reduction Loans
• Lead Tax Credits
• Referral Services

Note: Services have funding and income eligibility restrictions.

Funding is available to reduce lead hazards in properties rented to children under the age of six. Through a Lead Hazard Reduction Program, you may be able to obtain low-interest or no-interest deferred loans that will assist you in repairing and improving your property. For a list of Lead Hazard Reduction Programs, view the Rhode Island Lead Hazard Reduction Resources Sheet.

1.10. If I rent out my historical property, am I required to comply with the Law?

Yes, unless your property is one of the types of exempt properties. Talk to your local Historical Preservation Commission prior to beginning any significant structural changes about how to maintain the historic value of your property. For more information, call the Rhode Island Historical Preservation and Heritage Commission at (401) 222-2678 or visit their website.

1.11. I own property in Rhode Island, but I live out of state. How can I become informed of the Law and how can I comply?

Rhode Island Law requires you to have a local agent who can respond to any process, notice, or demand required or permitted by law to be served, including but not limited to, notices of minimum housing code violations. You can designate that same agent, or another individual, to help you comply with the Lead Hazard Mitigation Law if that person is willing to assume this duty.

Approved Lead Hazard Awareness Classes will be available on the Internet as well as in VHS and DVD format in the coming months. You can get more information by calling the Housing Resources Commission at 1-800-570-0768.

1.12. What are the penalties for failing to meet the Law's requirements?

If you do not comply with the Lead Hazard Mitigation Law, a tenant may file a complaint with the Housing Resources Commission. You would be notified and given 30 days to respond, after which time a second notice would be issued and a housing code complaint would be filed with the city or town in which the unit is located.

Tenants not covered by the Lead Hazard Mitigation Law should contact the local minimum housing code enforcement office in the city or town in which the unit is located to file a complaint. Local Minimum Housing Code officials can cite buildings as unsafe for human inhabitants for violations such as damaged lead based paint.

II.  INFORMATION ABOUT THE LEAD HAZARD AWARENESS CLASS

2.1. What will I learn at the Lead Hazard Awareness Class?

This class will teach you how to safely maintain your property, how to protect your tenants from lead-based paint hazards, and how to prepare your property for inspection.

You can also take an eight-hour Renovator/Remodeler class to meet the education requirement. The eight-hour class is designed for individuals or contractors who want to learn how to do lead safe renovation work on pre-1978 housing where a child has not already been poisoned. If you decide to become a licensed Lead Safe Renovator/Remodeler, who may be hired by other property owners to conduct lead-safe renovations, the Department of Health can add your name to a public list.

Approved three-hour Lead Hazard Awareness Classes will be available on the Internet as well as in VHS and DVD format in the coming months.

2.2. If I own one of the types of exempt properties, do I still have to take the class?

No. However, the requirements of the Lead Hazard Mitigation Law are good maintenance practices that you should follow in order to protect yourself, your family, and your tenants. By bringing your units into compliance with the requirements of the Law you can reduce your legal exposure by purchasing lead liability insurance through your insurer, another insurer or the FAIR Plan starting November 1, 2005.

2.3. Where can I find a list of providers of the Lead Hazard Awareness Class and class schedules?

Visit the Lead Mitigation Information Page or call the Housing Resources Commission at 1-800-570-0768.

2.4. What if I am unable to attend the class?

Approved three-hour classes will be available on the Internet as well as in VHS and DVD format in the coming months. You can also designate someone else to take the class for you. That person will then have to visually assess the unit(s), correct any lead hazards, and then obtain the Certificate of Conformance for your unit(s).

2.5. How often do I need to take the class?

You are only required to take the class once. However, if a designated person attends the class on your behalf and the relationship or partnership with that person terminates, you or a new designated representative will have to take the class.

2.6. What if all of the classes are full?

Classes are being offered by many organizations, and more classes are being scheduled as the need arises. Contact the training providers if you cannot find a class. They are working to make more classes available. You can obtain contact information for the training providers by visiting the Lead Mitigation Information Page or calling the Housing Resources Commission at 1-800-570-0768.

III.  INFORMATION ABOUT CERTIFICATES AND INSPECTIONS

3.1. What is a Certificate of Conformance?

A Certificate of Conformance is proof that your unit has met the requirements of the Lead Hazard Mitigation Law. This means that a Licensed Lead Inspector or Lead Inspector Technician has performed an Independent Clearance Inspection on your property and that any lead hazards on your property have been corrected. It does not mean that your property is free of lead, but rather that your property does not currently pose a hazard to your tenants. You must keep your rental unit(s) safe using lead-safe work practices learned in the Lead Hazard Awareness Class and with routine maintenance.

A Certificate of Conformance is not the same as a ?Lead Safe? or ?Lead Free? Certificate. Attainment of either a Lead Safe or Lead Free Certificate exempts you from the requirements of the Law. A Lead Safe Certificate is issued by the Rhode Island Department of Health once a property has undergone a Comprehensive Inspection and all lead hazards are abated. Please note that you must keep your Lead Safe Certificate current in order to continue to qualify for an exemption. A Lead Free Certificate is issued by the Rhode Island Department of Health to properties that are free of lead. Units built AFTER 1978 are presumed to be lead free.

3.2. Do all of my rental units need a Certificate of Conformance on November 1, 2005?

No. Your rental units must have a Certificate of Conformance prior to a new tenant moving into the vacant unit after November 1, 2005.

3.3. How do I get a Certificate of Conformance?

A Certificate of Conformance is issued by a Rhode Island Licensed Lead Inspector or Lead Inspector Technician once a rental property has met the requirements of the Lead Hazard Mitigation Law based on visual inspection and dust testing. You should attend the Lead Hazard Awareness Class prior to scheduling your inspection. This may reduce your inspection cost.

3.4. I own 10 or more rental units. Do I need to have an inspection and Certificate of Conformance for every unit?

If you own 10 or more units that were constructed after 1960, have no outstanding major minimum housing code violations, and do not have a history of repeated lead poisonings on your properties, then you may qualify for Presumptive Compliance. Under Presumptive Compliance, you must inspect at least 5% of your rental units each year and at least 90% of the inspected units must receive a Certificate of Conformance. Once the units have received and passed an Independent Clearance Inspection, these certificates can be kept current through an Affidavit of Completion of Visual Inspection. To find out more about whether you qualify and how to get a Certificate of Presumptive Compliance, contact the Housing Resources Commission at 1-800-570-0768.

3.5. What type of inspection do I need to have in order to obtain a Certificate of Conformance?

In order to obtain a Certificate of Conformance, you will need to have an Independent Clearance Inspection. This inspection includes a thorough interior and exterior visual inspection and dust sampling in the interior of your rental unit(s). You do not need a Comprehensive Lead Inspection to receive a Certificate of Conformance. You should attend the Lead Hazard Awareness Class prior to scheduling your inspection.

3.6. What is the difference between a Lead Inspector Technician and a Lead Inspector?

A Licensed Lead Inspector Technician may perform the Independent Clearance Inspection needed to issue a Certificate of Conformance. A Licensed Lead Inspector may perform both the Independent Clearance Inspection and the Comprehensive Lead Inspection required for a Lead Safe Certificate.

You may use either a Lead Inspector or a Lead Inspector Technician to obtain a Certificate of Conformance.

3.7. Where can I find a list of Lead Inspectors and Lead Inspector Technicians?

For a full list, go to the web page: Personnel Certified to Perform Mitigation Inspections.

3.8. Is there a set cost for an Independent Clearance Inspection?

The cost of Independent Clearance Inspections may vary. You should get three price quotes before settling on an inspector. Make sure when you are requesting the inspection you are clear about whether you would like a Independent Clearance Inspection needed to obtain a Certificate of Conformance, or the Comprehensive Lead Inspection needed to obtain a Lead Safe Certificate, and specify the number of units you need to have inspected. This will affect the cost of the inspection, as Comprehensive Lead Inspections will cost more.

3.9. If I get a private Comprehensive Lead Inspection and hazards are detected, am I still be eligible to obtain a Certificate of Conformance?

If there is no report of a poisoned child on your property, and you have not received a Notice of Violation from the Department of Health, then you are still eligible to obtain a Certificate of Conformance. However, since you will be fixing the hazards regardless and the clearance testing standards are the same for both a Certificate of Conformance and a Lead Safe Certificate, all you would need to do to complete your Lead Safe Certificate would be to fix the hazards and obtain an Independent Clearance Inspection. Thus, you need to consider all of your options to see what is best for you.

3.10. If I get a private Comprehensive Lead Inspection and hazards are detected, am I still eligible to obtain a Certificate of Conformance?

If there is no report of a poisoned child on your property and you have not received a Notice of Violation from the Department of Health, then you are still eligible to obtain a Certificate of Conformance. However, since you will be fixing the hazards regardless and the clearance testing standards are the same for both a Certificate of Conformance and a Lead Safe Certificate, all you would need to do to complete your Lead Safe Certificate would be to fix the hazards and obtain a Clearance Inspection. Thus, you need to consider all of your options to see what is best for you.

3.11. Who can I turn to if I have a dispute with a Licensed Lead Inspector or Lead Inspector Technician?

If you have a dispute with a Licensed Lead Inspector or Lead Inspector Technician, you should call the Rhode Island Department of Health at (401) 222-2438.

3.12. How can I become a Licensed Lead Inspector?

For information on the requirements to become a Licensed Lead Inspector, visit the Requirements for Lead Professionals Page.

3.14. Will information about my property be available to the public once a Lead Inspection Report is on file?

The Housing Resources Commission will collect data on units that have achieved a Certificate of Conformance under the Lead Hazard Mitigation Law. A list of properties in compliance with the Law will be available to the public on the Internet. This information will help to identify the availability of well-maintained rental units.

3.15. What repair work may I perform myself?

WARNING: Using unsafe work practices may increase lead exposure.

Property owners can do spot removal (repair small areas of lead-based paint) themselves if:

• They have successfully completed a Lead Hazard Awareness Class approved by the Housing Resources Commission.
• The surface area to be repaired is less than thirty (30) square feet in any dwelling unit.
• The surface area is less than six (6) square feet in any common area, such as a hallway, entryway, or stairwell.
• No room or common area contains more than eight (8) components (such as window molding, window wells, doors, walls, ceilings, etc.) with damaged lead-based paint.

If extensive work is required, you can get additional training or hire a Licensed Lead Safe Renovator/Remodeler or Licensed Lead Contractor. For more information about lead-safe work practices, visit the Renovating Your Home Safely Page.

3.16. Where can I find a list of Licensed Lead Renovator/Remodelers?

For a full list, go to the web page: Personnel Certified as a Lead-Safe Remodeler/Renovator.

3.17. If I hire a Licensed Renovator/Remodeler or Contractor, must everyone on the project be licensed?

No. Only one person on the site needs to have the appropriate license. They are responsible for ensuring lead-safe work practices on the site.

3.18. What do I do with all of the contaminated water from the clean-up activities?

You can dispose of contaminated water down the toilet. Do not dump wastewater outside or down a sink, tub, or storm drain.

3.19. Do tenants have to be relocated during the Lead Mitigation activities?

You should make all reasonable efforts to ensure that occupants are not in the unit when repairs are being conducted, especially children and pregnant women. Follow the lead-safe work practices learned in the Lead Hazard Awareness Class. If you are conducting major repairs that require tenants to be relocated for more than three (3) days including overnights, you are required by law to provide reasonable accommodations for the tenants.

3.20. What does it mean to "cover" soil within 5 feet of the property?

You are required to cover or make inaccessible to children any bare soil within five (5) feet of your property.

Acceptable treatment methods include:

• Covering exposed soil with grass or other ground plants;
• Covering soil with landscape fabric and six (6) inches of mulch;
• Covering soil with landscape fabric and four (4) inches of crushed stone, gravel, stone dust, sand, or other appropriate materials;
• Covering soil with asphalt or cement;
• Installing fencing or hedges to make the area inaccessible.

IV. THE MITIGATION LAW AND INSURANCE: QUESTIONS FOR POLICYHOLDERS

4.1. Is lead liability insurance available if I comply with the Law?

Yes. Insurance will be available either through your current insurer, another insurer, or through the FAIR Plan. You may request information on FAIR Plan policies from your insurance company or contact the Rhode Island Fair Plan directly at 1-800-851-8978.

4.2. Can I get lead liability insurance while I am in the process of complying with the Law?

Yes. If your insurer does not offer such coverage you can either contact another insurer or obtain a policy through the FAIR Plan. Please contact your insurer or insurance producer directly for assistance.

4.3. If I comply with the Law but later allow my Certificate of Conformance to lapse, will the lapse affect my insurance coverage?

Yes. It is your responsibility to make sure that your Certificate of Conformance remains current. If you allow it to lapse during the insurance policy term, your insurer may deny coverage.

4.3. If I own one of the types of exempt properties, will I be able to obtain lead liability coverage?

Yes. As long as you have a valid Lead Certificate, you can get lead liability coverage.

4.5. I am a Realtor, Inspector, or Insurance Producer. Will my Errors and Omissions Insurance cover me if I perform visual inspections for my customers and clients?

Some insurers have exclusions for claims arising out of lead. However, coverage will vary from policy to policy. There is no statute requiring insurers to offer lead liability coverage for realtors performing visual inspections, and thus realtors should contact their insurance carrier or insurance producer directly with these questions.

V. INFORMATION FOR INDIVIDUALS BUYING OR SELLING PROPERTY

5.1. Will the Law prevent me from selling my rental property?

No. However, please be aware that there are additional federal and state disclosure requirements you have to comply with when selling your rental property.

5.2. Must I have my rental property inspected before I transfer it to someone else?

No. However, by obtaining a Certificate of Conformance now, your property may actually become more attractive to purchase, as purchasers and tenants will know that the property is in compliance.

5.3. What do I have to do to be in compliance with the Law if I purchase rental housing after November 1, 2005?

If you purchase a rental property that was constructed prior to 1978 that is not one of the types of exempt properties, and it is occupied by a child under the age of six (6) or a pregnant woman, you must have the property visually inspected within thirty (30) days and meet the Lead Hazard Mitigation Law's requirements within sixty (60) days of assuming ownership of the property. If the property is not occupied by a child under the age of six (6) or a pregnant woman, then you must meet the requirements of the Lead Hazard Mitigation Law at the next change in tenants.

From the State of Rhode Island Housing Resource Commission...
* This information is current since the revisions to the laws made in August of 2005