Lead paint disclosure in North Carolina

Most housing built before 1978 falls under the federal lead disclosure rule. The rule covers sales and rentals alike. Its formal name is Section 1018 of Title X.

Sellers and landlords have 4 duties under this rule:

• Disclose any lead-based paint or lead hazard they know about
• Share whatever records or reports they hold
• Provide the EPA pamphlet about lead
• Put a Lead Warning Statement in the contract

Buyers get 10 days to have a lead test done on the home.

N.C.G.S. Chapter 47E requires most North Carolina owners who sell a home to complete the state's disclosure statement for residential property and owners' associations. That's form REC 4.22 from the N.C. Real Estate Commission. It has to reach you before you write an offer. G.S. 47E-2 exempts a few homes, including brand new ones that have never had anyone living in them.

The form was revised 7/26. Its Question F1 asks whether hazardous substances like lead-based paint over the government's safety limits touch the property. The owner picks Yes, No, or No Representation. Choosing No Representation means the owner is declining to answer, so it's not a promise that the home has no lead.

A buyer who wasn't given the form can sometimes back out of the deal, according to the N.C. Real Estate Commission. To do it, you send the seller written notice no later than 3 calendar days after the contract is accepted. G.S. 47E-8 also makes real estate agents responsible for telling their clients what rights this law gives them.

Per US Census figures, a big portion of the state's homes went up before 1980.

The state's rules center on homes where little kids live or spend time. Blood lead gets measured in micrograms per decilitre, shortened to ug/dL. More lead in the blood shows up as a bigger number.

NC Medicaid's Health Check program calls for blood lead tests at 12 months and at 24 months. A child who missed those tests should get one between 36 and 72 months of age. Any screening result over 5 ug/dL calls for a follow-up sample drawn from a vein.

The state also sends a lead poisoning hazard information package to the parents and to whoever owns or manages the property whenever a child under 6 measures 10 ug/dL or more.

State law sends the N.C. Department of Health and Human Services to look into any house where a child under 6 is living or regularly spending time, when that child's blood lead stays high over time or the child has confirmed lead poisoning. An owner's certificate of compliance doesn't stop this from happening.

When a home or child care facility turns up a hazard, the state has to alert the parents of every child under 6 living there, dropping in, or attending it. The state suggests testing and sends the notice again every 6 months until the hazards are gone.

The state can also make the owner fix the problem by abating the hazards. Abate means getting rid of the lead hazard or sealing it away for good. It applies when a child younger than 6 who has a confirmed case of lead poisoning lives in or visits the home. Triggers include the owner falling short of the state's maintenance standard, or the child's blood lead climbing on 2 tests in a row within a 6-month span.

Owners can apply to the state for a certificate of compliance showing they meet the lead maintenance standard. The application takes 3 items:

1. The owner's sworn statement.
2. A summary from a certified lead inspector or risk assessor of the visual inspection they performed.
3. Dust samples from floors and windows that come back okay.

Lead professionals and companies earn their credentials from the N.C. Health Hazards Control Unit, which certifies lead workers and firms. When abatement happens in housing built before 1978 or in places children use, North Carolina requires a permit on top of certification.