Lead paint disclosure in Arkansas

Most homes built before 1978 are covered, whether you're buying or renting (EPA).

The rule puts 4 duties on sellers and landlords:

• Share whatever they know about lead-based paint or lead hazards in the home.
• Pass along any lead-related records or reports for the property.
• Provide the EPA pamphlet on lead.
• Put a Lead Warning Statement into the sale or lease documents. It's a short, standard paragraph spelling out the risks that come with lead in older homes.

Buyers get 10 days to test the home for lead if they're purchasing it (EPA).

No. No Arkansas law makes sellers complete a disclosure form.

A listing agent has responsibilities, though. Under rule 17 CAR 220-1005, an Arkansas Real Estate Commission regulation, the agent has to make reasonable efforts to find out the facts that shape a property's value or desirability. The point of that duty is to keep the agent from misrepresenting the home's condition (Arkansas Real Estate Commission).

Arkansas has 1,421,029 homes, and 539,558 of them went up before 1980. That works out to 38%. Renters see the same picture: 156,093 of the state's 410,057 rented homes, also 38%, date from before 1980 (US Census Bureau).

As long as they leave the paint undisturbed, ordinary home inspectors can point out paint conditions that hint at lead. They aren't allowed to test for lead or carry out a risk assessment without state certification (Arkansas Department of Health). A risk assessment digs deeper into a home to locate the places where lead could hurt the people who live there.

Want lead testing done during your 10 days? Whoever handles it needs to be certified in Arkansas.

Since July 1, 2011, the Arkansas Department of Health has operated the state Lead-Based Paint Program, with the EPA still keeping watch over it. The program certifies and licenses both individuals and firms that perform lead abatement, and it writes their training requirements. Lead abatement is the work of taking lead paint hazards away or controlling them for good (Arkansas Department of Health).

The state rules now in force for lead paint work started October 28, 2024. Arkansas drew them up under the authority of its 2011 law on lead-based paint hazards (Code of Arkansas Rules).

Lead professionals can find fees and requirements in the certification application and the contractor and consultant application.

Arkansas tracks lead in people's blood. Results at or above certain levels must be reported to the state health department, measured in micrograms of lead per deciliter of blood (ug/dL) (Arkansas Department of Health).

The Arkansas Department of Health counted 277 Arkansas children with an elevated blood lead level in 2023.