Lead paint disclosure in Kentucky

The federal rule on lead disclosure covers the sale and rental of most homes built before 1978. If a seller or landlord knows about lead-based paint or a lead hazard in the home, the federal rule says they have to tell you about it.

They also have to share any reports or records in their possession, give you the EPA pamphlet on lead, and put a Lead Warning Statement into the lease or contract. Buyers get 10 days to have the place tested for lead.

Why does lead paint come up so often in Kentucky? A lot of the housing stock is old. Per Census figures, 944,997 of the state's 2,051,004 homes, or 46%, went up before 1980. For rentals it's 278,764 out of 594,712, which is 47%.

Kentucky adds its own form on top of the federal lead rule. KRS 324.360 says that when a licensed agent is paid to sell a single-family home, the seller fills out and signs the state form when the home is listed. The listing agent then has to deliver it to the buyer no later than 72 hours after the listing agent receives a signed written offer.

Rule 201 KAR 11:121 from the Kentucky Real Estate Commission makes agents use this form. It goes by the name Seller's Disclosure of Property Condition, KREC Form 402 (12/2022). You'll need it for stand-alone houses, buildings of two to four units, condominiums, and townhomes.

Per KRS 324.360(7), the state form isn't needed for new homes sold with a warranty, homes sold at auction, or court-supervised foreclosures. The federal lead rule stands on its own and covers its own set of properties.

A child's blood lead level is how much lead shows up in a blood test. The measurement is micrograms per deciliter. The state's Childhood Lead Poisoning Prevention Program calls for testing children on Medicaid first at 12 months of age and again when they're 2. Children who missed those tests must be tested sometime between 24 and 72 months of age.

KRS 211.902 requires any doctor, nurse, hospital, lab, or public health officer to report any result of 2.3 or higher to the state's Cabinet for Health and Family Services no later than 7 days after getting it.

KRS 211.905 says that when a child 6 or younger has a confirmed level of 15 or more, the state inspects the home. After that, the owner gets 60 days to take care of any lead hazards that are reachable. If the fixes don't happen, the home gets flagged as unfit for children under 6.

KRS 211.905(5) lets a tenant walk away from a lease without penalty when the state determines that lead hazards pose an immediate danger to a child under 6 living there.

Abatement is the work of permanently sealing off or getting rid of lead hazards. In housing built before 1978, KRS 211.9063 requires certification for anyone who identifies lead hazards or performs abatement. Kentucky takes this seriously, because careless work can spread lead dust through a home. Doing the work without certification is a Class A misdemeanor, and deliberately breaking the work standards is a Class D felony, so it's worth asking any contractor to show their state certification.

The state agency in charge, the Environmental Lead Program, hands out these certifications for 2-year periods. Reports from inspections, risk assessments, and clearance checks are due within 30 days, and an abatement plan has to be filed at least 7 days ahead of the start of work.

Louisville goes further than the state for older rentals. Ordinance O-134-22, adopted December 1, 2022, added Metro Code Chapter 167. If you own rental units built before 1978, you must put them on a Lead-Safe Housing Registry and get them checked for lead hazards.

A risk assessor is a professional certified by the state who inspects a home for lead hazards. Louisville requires the evaluation to be done by one certified in Kentucky. Units built before 1940 came first and had to be done within 12 months.

Whenever a child living in a Louisville rental shows a high level of lead in their blood, the unit must be checked within 60 days, no matter when it was built. The owner has to give the results to current tenants and to any tenants who come after.