Lead paint disclosure in Idaho

The federal rule, called Section 1018 of Title X, covers most housing built before 1978. Buyers and renters are both protected, so it comes into play whether you're purchasing a place or renting one.

The seller or landlord has to tell you about any lead-based paint or lead hazards they know about. They also have to share any records on hand and pass along the EPA's pamphlet on lead.

The contract or lease has to contain a Lead Warning Statement too. It's a brief, standard paragraph spelling out what lead in an older home can do to your health.

If you're the buyer, you have 10 days to arrange a lead test on the home.

The Idaho Property Condition Disclosure Act requires a seller of a home with 1 to 4 units to complete the state's seller property disclosure form. That counts for a rental the owner doesn't live in as well.

It isn't. The form in Idaho Code 55-2508 contains no question that mentions lead paint. The nearest thing is question 7, which asks if the seller knows about any hazardous materials on the property.

So on an older home, lead paint gets named in the federal lead disclosure. The state form handles it only indirectly.

Idaho Code 55-2505 lists 16 types of transfers that don't require the state form. A few of them:

• Sales ordered by a court
• Foreclosure-related sales
• Estate and trustee sales
• Transfers among co-owners or relatives
• Never-occupied new homes

Idaho law creates these exemptions, and they affect only the state form.

Per Idaho Code 55-2509, the seller has to hand you the completed, dated form no later than 10 days after your offer is accepted. After that, you sign and send back a copy to confirm you got it.

Sometimes the form doesn't arrive until after you've signed the contract. When that happens, Idaho Code 55-2515 gives you the right to cancel the contract and have your deposit returned. You have to send written notice of cancellation no later than 3 business days after the form reaches you, and you must point to a particular item on the disclosure that you object to.

Per Idaho Code 55-2517, the sale remains valid even when a seller breaks the disclosure law. Still, a seller who ignored the rules on purpose or through carelessness owes the buyer money for the harm they actually suffered.

The US Census puts the share of Idaho homes predating 1980 at about 1 in 3. Rented homes show the same share.

Blood lead levels are reported in micrograms per deciliter, shortened to µg/dL. The unit shows how much lead is in a tiny blood sample.

The Idaho Department of Health and Welfare recommends a second test to confirm any fingerstick reading at or above 3.5 µg/dL. A fingerstick takes a single drop pricked from a finger.

Idaho rule IDAPA 16.02.10.380 requires lead poisoning cases to reach the state department or the local health district inside 3 working days. The reporting levels are:

Idaho doesn't run its own licensing program for lead abatement. What the Idaho Department of Health and Welfare does instead is point residents to the EPA's online search. That's where you can locate certified firms that handle lead inspections, risk assessments, and abatement work.