Lead paint disclosure in Oregon

Homes built before 1978 fall under the federal lead disclosure rule in most sales and rentals. If the seller or landlord knows about lead-based paint or a lead hazard, they have to tell you. They also have to hand over any records they hold.

You should also get the EPA pamphlet on lead. Your contract or lease needs to contain a Lead Warning Statement, a standard paragraph spelling out the dangers lead poses in older homes. Buyers may spend up to 10 days having the home checked for lead.

Oregon gives buyers one extra step. Under ORS 105.465, anyone who makes a written offer must receive a completed and signed property disclosure statement from the seller. The rule covers:

• A house or building with no more than 4 units
• A condominium unit
• A timeshare
• A manufactured home sitting on land the seller owns

One question on the form asks if testing or treatment for lead-based paint has ever happened anywhere on the property. The form poses the same question for asbestos, radon, mold, and contaminated soil or water.

Some sales are exempt under ORS 105.470. No Oregon form is needed in these situations:

• A brand-new home, never lived in, sold for the first time under a permit
• A foreclosure sale made by a bank or similar financial institution
• A sale handled by a receiver, personal representative, trustee, conservator, or guardian appointed by a court
• A sale conducted by a government agency

The Oregon form and the federal rule for pre-1978 homes are separate. The federal rule can still apply even when the Oregon form doesn't.

You can. ORS 105.475 gives you 5 business days from the moment you receive the disclosure statement to pull your offer back. Pulling it back just means canceling, and it has to be done in writing. You get all your deposits back.

What if the seller never hands you the form? Then you can cancel your offer any time before closing. Closing is the last step in the process, when the sale finishes and you take the home.

Renters have a way to flag paint work done unsafely, whether it's a landlord, a property manager, or someone else doing the job. The Oregon Health Authority handles reports about anyone working without a Construction Contractors Board license. Licensed contractors are reported to the Board rather than the Health Authority.

Oregon law says only certified workers may do lead-based paint work. Being certified means the worker carries the state approval Oregon requires for this type of work. Under ORS 431A.363, the Oregon Health Authority can impose fines of up to $5,000 for each violation, each day, on anyone working without it.

The Health Authority can also halt the work. When a property owner knowingly brought in workers who weren't certified, the owner can be ordered to clean up.

Portland keeps a rule of its own for machine demolition of houses with 4 or fewer units. Under Portland City Code 24.55.205, any painted outside parts that aren't structural, including doors, windows, trim, and siding, come off first. They go into 6 mil plastic bags, unless an inspection finds no lead paint. Neighbors living within 300 feet get a notice hung on their door.

Kids enrolled in the Oregon Health Plan need a blood lead check at 12 months old and once more at 24 months, under an Oregon Health Plan rule. A child who was never tested should be tested before reaching 72 months.

Every blood lead result must go to the Oregon Health Authority from labs and clinicians within 7 working days. Results of 3.5 ug/dL or more carry a 1 working day deadline. That number is where Oregon draws the line for lead poisoning.

The US Census puts nearly half of Oregon's housing stock before 1980. Rented homes run about the same.