Lead-Based Paint Disclosure Arizona

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Lead-based paint is a significant health hazard. The federal government banned residential use of lead-based paint in 1978. However, lead-based paint is still present in millions of homes, typically under layers of new paint. 

The Importance of Lead-Based Paint Disclosure

Lead-based paint poses severe health risks, particularly to young children and pregnant women. Lead poisoning can cause developmental issues, learning disabilities, and various physical health problems.

The Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X) mandates that sellers and landlords disclose any known presence of lead-based paint in homes built before 1978 OR if the home was built after 1978 and the Seller knows or has reason to believe that Lead-Based Paint may be present.

Arizona’s Lead-Based Paint Disclosure Requirements

In Arizona, as in other states, sellers and landlords of homes built before 1978 must follow specific procedures to disclose the presence of lead-based paint. 

Here are the requirements:

  • Provide a Lead-Based Paint Disclosure Form: Sellers and landlords must fill out and provide a lead-based paint disclosure form. This form informs the buyer or tenant about any known presence of lead-based paint or lead-based paint hazards in the property.
    Distribute the EPA Pamphlet: “Protect Your Family from Lead in Your Home” is an EPA-approved pamphlet that must be provided to buyers and tenants. This pamphlet educates them about the dangers of lead-based paint and how to protect their families.
    Include a Lead Warning Statement: The contract for the sale or lease of the property must include a lead warning statement. This statement warns of the potential risks of lead-based paint and confirms that the seller or landlord has complied with all disclosure requirements.
    Allow a 10-Day Inspection Period: Buyers must be given a 10-day period (or another mutually agreed-upon timeframe) to conduct a lead-based paint inspection or risk assessment at their expense. This period allows them to identify potential lead hazards before finalizing the purchase.
    Record Keeping: Sellers and landlords must retain copies of the signed disclosure forms and acknowledgments for at least three years. This record-keeping ensures there is documentation of compliance with the lead disclosure requirements.

What If You Don’t Know

Rarely will you encounter a seller who DOES know about the presence of lead in their property. If the property was built before 1978, the seller is still required to comply with the same requirements. However, in their disclosure, it’s acceptable to say, “We don’t know.”

Should I Worry About My Health Around Lead Paint?

Lead paint shouldn’t keep you up at night. Unless you plan to scrape down to bare wood and chew on the walls, you’ll be fine. Use extra caution when sanding to paint if you’re refreshing your interior. Scan for peeling or flaking paint inside if you think lead paint is present. You can also get lead paint test kits from your hardware store or Amazon.

It’s less likely that a baby will like a wall (although we’re sure that happens). Take caution that paint, especially around doorways, doesn’t rub off in tiny amounts and land as dust on the floor. As we know, kids are prone to touching things and then putting their hands in their mouths.

If you think that’s the case, ask your pediatrician about performing a lead test on your child.

Consequences of Non-Compliance

Failure to comply with lead-based paint disclosure requirements can result in severe penalties. These may include:

  • Legal Action: Buyers or tenants can sue for triple the damages if they discover lead hazards that were not disclosed.
    Civil Penalties: The EPA can impose substantial fines on sellers and landlords who fail to comply with disclosure requirements.
    Contract Nullification: The buyer may have the right to cancel the contract if lead hazards are discovered post-purchase without prior disclosure

Lead Pipes May Exist In Arizona

The EPA banned the use of lead nationally through the Safe Drinking Water Act of 1986. The policy was officially adopted in the State of Arizona in 1988. The current policy is that lead pipes are replaced when they’re found. On May 2, 2024, President Biden announced a $28,650,000 investment in Arizona to help the state identify and replace lead service lines.