§ 23-24.6-16 - Notice prior to residential property transfer.
SECTION 23-24.6-16
§ 23-24.6-16 Notice prior to residentialproperty transfer. – (a) The department shall issue regulations for the disclosure of lead exposurehazards and potential lead exposure hazards in a residential dwelling, dwellingunit, or premise that is offered for sale or lease. These regulations, at theminimum, shall incorporate the requirements of § 1018 of the federalResidential Lead-Based Paint Hazard Reduction Act of 1992 (PL 102-550), 42U.S.C. § 4852d, shall not be inconsistent with the requirements for leadhazard mitigation established pursuant to the provisions of chapter 128.1 oftitle 42, and shall additionally require an owner of a residential dwelling,dwelling unit, or premise offered for sale or lease to provide copies of anyoutstanding notice of violation and of results of any lead inspection performedin the dwelling, dwelling unit, or premise and copies of educational materialsdeveloped by the department, including information about the requirements ofthis section and programs that provide financial assistance for comprehensiveenvironmental lead inspections or lead hazard reduction.
(b) The department shall prepare written materials concerningenvironmental lead exposures and lead hazards which shall be made available toreal estate brokers and agents. The materials shall also be made available tothe general public by the department.
(c) The duties required under this section are not exclusiveand do not replace or alter any duty imposed upon the owner to perform leadhazard reduction as required by this chapter.
(d) In no instance shall the receipt of the disclosuresrequired by this section operate as or be construed as a bar to relief or inany manner be used as an affirmative defense for an owner, operator, or realestate agent in any statutory or common law action.
(e) The department shall establish and maintain a registry ofreal estate for which a comprehensive environmental lead inspection has beenperformed. The registry shall be cross-indexed by the owners' name, streetaddress, as well as the assessor's lot and plat number for the applicable cityor town.