Lead paint disclosure in Washington

Whether a home is being sold or rented, the federal lead disclosure rule covers most housing built before 1978. If a seller or landlord knows about lead-based paint or any lead hazard, they have to tell you. They also have to share any records or reports they have.

The EPA's lead pamphlet has to be given to you as well, and the paperwork must include a Lead Warning Statement. That's a standard paragraph tucked into the contract or lease that spells out how lead in older homes can harm your health. If you're buying, a 10-day window lets you have the home checked for lead.

Washington adds its own form on top of the federal rule. Under RCW 64.06.020, a home seller must give the buyer a filled-out seller disclosure statement, laid out the way the law prescribes. Only two exceptions exist: the buyer gives up the form, or the sale doesn't qualify for it.

The lead question appears as Question 7E, in the Environmental section. It covers whether anything on the property might be an environmental concern, and lead-based paint is listed together with asbestos, radon, and tainted soil or water.

While the entire seller disclosure statement can be waived by a buyer, the Environmental section isn't always waivable. Under RCW 64.06.010(7), any yes answer in that section, the lead-based paint one included, has to stay visible to the buyer. What this means is that a seller who knows about lead paint has to disclose it on the form anyway.

That law also lists which sales can skip the Washington disclosure statement:

• Foreclosure and deed-in-lieu sales
• Gifts to immediate family
• Divorce-related transfers between spouses or domestic partners
• Transfers handled by an estate's personal representative
• Bankruptcy trustee transfers

RCW 64.06.010 sets these exemptions out, and they apply only to the state form. The federal pre-1978 rule stays in force regardless.

RCW 64.06.030 sets the timing. The clock starts at mutual acceptance, the moment buyer and seller strike a deal on identical terms.

1. Within 5 business days of mutual acceptance, the seller delivers the completed disclosure statement.
2. After that lands, you get 3 business days to read it over and make up your mind.
3. You can approve the statement, or you can rescind the deal in writing. Rescinding means canceling the sale, and your deposit would be returned to you.

A lot of the state's homes date back far enough that lead paint is a fair question to ask. These US Census figures tally up homes from before 1980.

In Washington, doing or even offering lead-based paint work or renovation jobs requires certification from the state Department of Commerce, per RCW 70A.420.080. Intentional violations and fraud can bring misdemeanor charges. This matters if you bring in a pro to test the home during your 10-day window or to fix peeling paint down the road.

The Department of Commerce sets those periods. Certifying or renewing costs the professional a nonrefundable $25 fee, per WAC 365-230-260. A lead professional can face fines from Commerce, $500 for a first violation, $5,000 by the fifth, and as much as $10,000 per violation if someone might be harmed or fraud played a role, under WAC 365-230-250.

Young kids plus a pre-1978 home means lead belongs on your radar in Washington. Kids on Medicaid have to get a blood lead test at 12 and 24 months, according to the Department of Health. For all other children, it suggests doctors gauge lead risk at those ages and test any child with risk factors, say, living in or regularly visiting a pre-1978 house.

Washington's action level for blood lead sits at 3.5 micrograms per deciliter, the point where follow-up is called for. At or above it, a child may get a call from a doctor, an Apple Health plan, or the local public health office, the Department of Health says.

In Washington, it's local health departments, not the state, that choose how to respond when a child's blood lead comes back high. Your local health jurisdiction can walk you through its services, as the Department of Health explains.