8.01-226.7 - Owner and agent compliance with residential lead-based paint notification; maintenance immunity.
§ 8.01-226.7. Owner and agent compliance with residential lead-based paintnotification; maintenance immunity.
A. As used in this section, the following definitions apply:
"Agent" means any party who enters into a contract with a seller or lessor,including any party who enters into a contract with a representative of theseller or lessor, for the purpose of selling or leasing a residentialdwelling. This term includes all persons licensed under Chapter 21 (§54.1-2100 et seq.) of Title 54.1. This term does not apply to purchasers orany purchaser's representative who receives compensation from the purchaser.
"Lead-based paint" means paint or other surface coatings that contain leadequal to or in excess of 1.0 milligram per square centimeter or 0.5 percentby weight.
"Lead-based paint hazard" means any condition that causes exposure to leadfrom lead-contaminated dust, lead-contaminated soil, or lead-contaminatedpaint that is deteriorated or present in accessible surfaces, frictionsurfaces, or impact surfaces that would result in adverse human healtheffects as established by the appropriate federal or state agency.
"Lead-based paint maintenance" means ensuring that the painted surfaces aremaintained in accordance with the provisions of the International PropertyMaintenance Code adopted as part of the Uniform Statewide Building Code.
"Residential dwelling" means a structure or part of a structure that isused as a home or residence by one or more persons who maintain a household,whether single family or multifamily.
B. Any agent who has complied with the requirements of the United StatesResidential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. § 4851et seq.) shall not be liable for civil damages in any personal injury orwrongful death action for lead poisoning arising from the condition of aresidential dwelling, provided that before the purchaser signs any contractto purchase the residential dwelling or the tenant signs any lease for aninitial term to rent the residential dwelling:
1. An EPA-approved lead hazard information pamphlet was provided to thepurchaser or lessee;
2. The agent disclosed to the lessee the presence of any known lead-basedpaint and/or lead-based paint hazards and any additional information orreports about which the agent had actual knowledge concerning the knownlead-based paint or lead-based paint hazards;
3. The purchaser or tenant signed a written statement acknowledging thedisclosure and receipt of the literature;
4. If the agent is a public housing authority, it has complied with allapplicable federal laws and regulations. Nothing in this subdivision shall beconstrued to require compliance with the federal laws and regulations thatare applicable to federal housing authorities by owners or agents who are nota public housing authority; and
5. The disclosure requirements in subsection B shall continue during the termof the tenancy for any new information in the possession of the agent orabout which the agent has actual knowledge concerning the presence oflead-based paint or lead-based paint hazards. The agent shall make a writtendisclosure of any new information and provide the tenant with a copy of asummary thereof, advising the tenant that the full package of information andany report is available for inspection and copying if requested by the tenant.
However, if the agent is responsible for lead-based paint maintenance on theresidential dwelling, the agent shall not be entitled to immunity unless theagent has also met the requirements of subsection C of this section. Forpurposes of subsection B, an agent is responsible for lead-based paintmaintenance if the agent is a party to a written agreement that requires theagent to be responsible for the maintenance of the painted surfaces inaccordance with the International Property Maintenance Code adopted as partof the Uniform Statewide Building Code.
C. An owner of a residential dwelling, or agent responsible for thelead-based paint maintenance of a residential dwelling, who has complied withthe requirements of the United States Residential Lead-Based Paint HazardReduction Act of 1992 (42 U.S.C. § 4851 et seq.) shall not be liable forcivil damages in a personal injury or wrongful death action for leadpoisoning arising from the condition of the residential dwelling, providedthat before the purchaser signs any contract to purchase the residentialdwelling, or the tenant signs any lease for an initial term to rent theresidential dwelling:
1. An EPA-approved lead hazard information pamphlet was provided to thepurchaser or lessee;
2. The owner or agent responsible for the lead-based paint maintenance of aresidential dwelling disclosed to the lessee the presence of any knownlead-based paint and/or lead-based paint hazards and any additionalinformation or reports about which the owner or such agent had of their ownactual knowledge concerning the known lead-based paint or lead-based painthazards;
3. The purchaser or tenant signed a written statement acknowledging thedisclosure and receipt of the literature;
4. With regards to lead-based paint and lead-based paint hazards, the paintedsurfaces of the residential dwelling were maintained in compliance with theInternational Property Maintenance Code of the Uniform Statewide BuildingCode; and
5. The disclosure requirements in subsection C shall continue during the termof the tenancy for any new information in the possession of the owner orabout which the owner has actual knowledge concerning the presence oflead-based paint or lead-based paint hazards. Further, the disclosurerequirements in subsection C shall continue during the term of the tenancyfor any new information in the possession of such agent or about which suchagent has actual knowledge concerning the presence of lead-based paint orlead-based paint hazards. The agent shall make a written disclosure of anynew information and provide the tenant with a copy of a summary thereof,advising the tenant that the full package of information and any report isavailable for inspection and copying if requested by the tenant.
D. An owner or agent claiming immunity under this section may assert suchimmunity in responsive pleadings and request a hearing, after discovery onissues related to immunity, before the court to determine entitlement to suchimmunity prior to further proceedings in the case.
(2000, c. 1071; 2006, c. 855; 2007, c. 255.)