Section 845.25  Disclosure Requirements

a)         An owner of a regulated facility who has received a mitigation notice under Section 9 of the Act shall, before entering into a lease agreement for the regulated facility for which the mitigation notice was issued, provide prospective lessees of that unit with written notice that a lead hazard has previously been identified in the regulated facility.  An owner may satisfy this notice requirement by providing the prospective lessee with a copy of the inspection report, mitigation notice and subsequent certificate of compliance prepared pursuant to Section 9 of the Act.

b)         Before entering into a residential lease agreement, all owners of regulated facilities built before 1978 shall give prospective lessees information on the potential health hazards posed by lead in residential dwellings by providing the prospective lessee with a copy of an informational brochure on lead.  The disclosure and informational brochure shall be consistent with the requirements set forth in 40 CFR 745, "Lead; Requirements for Disclosure of Known Lead-Based Paint and/or Lead-Based Paint Hazards in Housing".

c)         No more than 60 days before beginning renovation activities in any regulated facility, a renovator shall:

1)         Provide the owner of the unit with the pamphlet as required in subsection (b) of this Section, and comply with one of the following:

A)        Obtain from the owner a written acknowledgment that the owner has received the pamphlet; or

B)        Obtain a certificate of mailing from the United States Postal Service (USPS) at least seven days prior to beginning the renovation; and

2)         Provide the tenant with the pamphlet required in subsection (b) of this Section and comply with subsections (c)(1)(A) and (B) of this Section, or:

A)        Obtain from the tenant a written acknowledgment that the tenant has received the pamphlet.  If the renovator cannot get written acknowledgment from the tenant, the renovator shall document the attempts and the reason why the acknowledgment was not obtained (i.e., tenant refused, no tenant available); or

B)        Obtain a certificate of mailing from the USPS at least seven days prior to beginning the renovation.