Lead paint disclosure in Maine

The federal disclosure rule requires sellers and landlords of most housing put up before 1978 to disclose any lead-based paint or lead hazards they're aware of. They also have to share whatever records they hold, provide the EPA pamphlet, and put a Lead Warning Statement into the contract or lease.

Lead-based paint is simply paint that contains lead. It shows up in a lot of older homes, and it turns dangerous when it chips, peels or breaks down into dust.

The federal rule gives buyers 10 days to have the home tested for lead. That window lets you find out what's in the walls and woodwork before you're locked in.

Maine layers on a requirement of its own. Under 33 MRSA 173, anyone selling residential property has to hand the buyer a property disclosure statement. It includes hazardous materials on the property, lead-based paint among them for pre-1978 homes. Asbestos, radon, underground oil tanks and methamphetamine are on the list too.

Maine's disclosure rules cover ordinary sales, swaps, installment plans and lease-to-own arrangements. Certain transfers don't have to follow them:

• Transfers a court orders
• Sales out of foreclosure
• Handovers to a lender after a default
• Transfers by a fiduciary winding up an estate

Maine CDC requires landlords to notify tenants at least 30 days ahead of any work that will disturb paint in a pre-1978 building. Tenants also have to receive the Renovate Right brochure.

Lewiston goes further locally. The city instructs landlords to give 30 days' notice, hang a notice at each entrance of the building, and mail written notice by certified mail to every unit.

Renters carry much of the risk here. Out of 164,145 rented homes in Maine, 98,624, or 60%, were built before 1980, per the Census Bureau.

Maine has run a voluntary registry since 2023 for rental homes predating 1978. Under 22 MRSA 1331, an owner can add a home once a report from a lead inspector or lead dust sampling technician shows it's lead-safe. Since joining is optional, a home that isn't listed isn't automatically a danger.

If Maine's health department identifies a lead hazard in a home, it puts up a notice at the property and lets everyone living there know. The owner then has 30 days from the notice to strip out the lead, swap it for something safe, or seal it over for good.

Breaking Maine's law on lead poisoning control counts as a Class E crime. On top of that, the state can fine violators up to $500 for each offense, counting each day and each dwelling unit on its own.

All children in Maine must have blood lead testing at ages 1 and 2, regardless of whether MaineCare covers them.

Maine law treats anyone whose confirmed blood test shows 5 micrograms of lead per deciliter of blood or more as lead poisoned. Your child's doctor can explain what a result means.

A fee on paint manufacturers and wholesalers funds Maine's Lead Poisoning Prevention Fund. On July 1, 2026, the fee went up from 25 cents to 75 cents for each gallon of paint sold in the state.