Lead paint disclosure in West Virginia

The federal rule on lead disclosure covers most housing put up before 1978, for sales and rentals alike. Before anything is signed, the seller or landlord has 4 duties:

• Disclose any lead-based paint or lead hazards in the home that they know about.
• Hand over any records or reports on lead in the home that they have.
• Provide the EPA pamphlet on lead.
• Put a Lead Warning Statement into the sale or lease documents.

Buyers have 10 days to have the home checked for lead.

A large share of the state's housing went up before 1980. Here's how the numbers break down, according to the US Census:

Anyone in West Virginia who checks for lead or takes it out needs a state license for that specific job. Under W. Va. Code 16-35-5, it is against the law to perform a lead risk assessment, an inspection, or an abatement unless you hold the right license for it. A risk assessment means looking over a home for lead dangers, and abatement covers any job that gets rid of lead hazards for good. To get licensed, a person has to finish a state-accredited training course and pass a test.

The state's licensing rule, 64CSR45, amended effective July 1, 2026, sets these costs:

That same rule also requires telling the state at least 10 days ahead of any lead abatement project. Each project requires a $60 fee to notify the state.

Violating West Virginia's lead abatement law can get expensive. W. Va. Code 16-35-13 lists these fines:

• Each violation brings a civil fine of $250 to $5,000.
• Ignoring a cease and desist order costs $10,000 to $25,000.
• A misdemeanor can mean a fine as high as $50,000 or as much as 1 year behind bars.

The state director may also order lead hazards in a home reduced or removed if a child could be poisoned by them. That power is granted by W. Va. Code 16-35-4.

State rule 64CSR42 requires health care providers to test every child's blood for lead once at age 1 and once more at age 2. Children between 36 and 72 months old who never got tested must be tested as well.

The state's September 2023 guideline for providers sets 3.5 ug/dL as the level that triggers a follow-up blood test drawn from a vein. Any result at or above that level must be sent to the state health department by the provider.

West Virginia treats lead poisoning as a notifiable disease, so the state must be told. Every blood lead result has to reach the state within 7 business days of the lab results arriving. Reports go to the state.

When a high blood lead level is medically confirmed, W. Va. Code 16-35-4a says the state must arrange for the home's other children to be tested. That includes every child under 6 living there now or who lived there not long ago. Parents may refuse for religious reasons.