The Lead Hazard Mitigation Law requires that all owners of rental properties built before 1978 meet the following four requirements:
- Get a Certificate of Conformance
- Give tenants information about lead hazards
- Respond to tenant concerns
- Keep your Certificate of Conformance current
The following descriptions are for the requirements listed above:
- Get a Certificate of Conformance:
You must have a Certificate of Conformance for each rental unit you own. This Certificate proves that you have fixed any lead hazards found in your rental property. The law requires you to get a Certificate of Conformance the first time your tenants change after July 1, 2004 and to keep it current after this.
To get a Certificate of Conformance you must:
- Attend a Lead Hazard Awareness Class. In this three-hour class you will learn how to find and safely fix lead hazards
- Conduct a visual inspection of your rental unit and surrounding property. You must check each rental unit and the surrounding property for lead hazards using the methods learned in the class.
- Fix lead hazards found during the visual inspection. You must fix lead hazards using the safe work practices learned in the class.
- Request an Independent Clearance Inspection. You must hire an authorized Lead Inspector or Inspector Technician to verify that there are no lead hazards on your property. If your property fails this inspection, you have 60 days to fix any lead hazards. Then you must ask the Inspector to return and check the property again. You will receive the Certificate of Conformance after the property has passed inspection.
Note: If you have a current Lead-Safe or Lead-Free Certificate for the entire rental unit, you do not need a Certificate of Conformance. However, you must attend the Lead Hazard Awareness Class.
- Give Tenants Information About Lead Hazards.
The law requires that you give your tenants:
- Information about how to help protect their family from lead hazards
- The name, address, and telephone number of a contact person whom they can call if they find lead hazards. This can be you or a person you choose.
- A copy of the most recent Independent Clearance Inspection Report
- Respond to Tenant Concerns About Lead Hazards.
Your tenant must first bring any concerns about potential lead hazards to you or your contact person. You must respond to these concerns within 30 days. If you find lead hazards, you must fix them using safe work practices.
If you do not respond, or the tenant feels that you have not fixed the lead hazards, the tenant can bring his or her concerns to the Housing Resources commission, who will investigate. If the Housing Resources Commission finds lead hazards, they will issue a Notice of Violation. If you do not respond to the Notice or fix the lead hazards within 30 days, the Housing Resources Commission will file a complaint with your city or town hosing code official.
- Keep Your Certificate of Conformance Current
The Certificate of Conformance must be renewed when there is a change in tenants or every two years – even when there is no change in tenants. Follow these steps to renew your Certificate
- When there is a change in tenants: You must hire an authorized Lead Inspector or Inspector Technician to do an Independent Clearance Inspection within 30 days of renting the unit to new tenants. Only one Independent Clearance Inspection is needed in a 12-month period, even if there has been more than one change in tenants.
- Every two years: If it has been two years since you received or renewed your Certificate and there has been no change in tenants, you must complete a visual inspection of the rental unit to renew your Certificate. Then you must fill out an Affidavit of completion of Visual Inspection. The Affidavit can be obtained from the Housing Resources Commission.
Information Your Property Insurer May Require:
If you are buying lead liability insurance for your rental property, your insurance carrier may require you to provide a Certificate of Conformance. A current Lead-Safe or a Lead-Free Certificate can be used to meet this requirement.
About Vacation Homes:
If you rent your vacation property for more than 31 days in any given year, you must meet all of the requirements of the law. This rule applies to the total number of days the property is rented overall, not days rented to each tenant.