A004-9900

10   AN ACT CONCERNING



20   The Sale and Rental of Property with the Contamination of Lead Poisoning 



30   FOR the purpose of requiring a mandatory test for lead paint of any and all homes 

40    and surrounding property before sale or rental; to make the buyer or renter aware of 

50    the environmental and health condition of the property with which they wish to buy 

60    or rent.

 

70     BY adding to

80	  Article - Environment

90	  Section 8-824 to be under the new subtitle "Disclosure to Prospective Purchasers 

100	  or Renters; Transfers."

110 	  Annotated Code of Maryland

120 	  (1996 Replacement Volume and 1998 Supplement)



130   WHEREAS, Hundreds of Marylanders suffer injury as a result of lead based paint

140	 per year;



150   WHEREAS, prior testing of property will prevent and end the effects of lead paint

160 	 poisoning; now, therefore,



170   SECTION 1. BE IT ENACTED BY THE MARYLAND STUDENT

180   LEGISLATURE:  THAT THE LAWS OF MARYLAND READ AS FOLLOWS





190 				 Article - Environment



200   	8-824



210   An owner shall disclose an obligation to perform either the modified or full risk

220   reduction treatment to an affected property under this subtitle to any prospective

230  purchaser or renter of any affected property at or prior to the time a contract of sale

240  is executed.



250   	(1)	An event has occurred that requires performance of either the modified or 

260        	full risk reduction treatment to the affected property under this subtitle 

270		and 



280	(2)	The owner will not perform the required treatment prior to the transfer of 

290		ownership.







 

300	(1)     WHERE IT IS WRITTEN REPEALED AND REENACTED; TESTING	

310	       	OF THE PROPERTY BEFORE THE PROPERTY IS SOLD OR 

320 		RENTED MUST BE CONCLUDED BY THE OWNER OF THE 

330 		PROPERTY; AND DISCLOSURE OF THE RESULTS MUST BE GIVEN 

340 		TO EVERY PROSPECTIVE BUYER OR RENTER INTERESTED IN 

350           	THE PROPERTY.



360                (a)     "TESTING" MEANS A THOROUGH ANALYSIS OF THE 

370		            HOME AND THE PROPERTY SURROUNDING THE HOME 

380                         FOR ANY SIGNS OF LEAD BASED PAINT.



390                          (i)      	TESTING SHOULD INCLUDE A DEPTH OF 2 INCHES 

400                                    	INTO THE SOIL AROUND THE PROPERTY AND THE 

410                               	GRAVEL ON THE PROPERTY AND INSIDE OF THE

420			      		HOME.



430                          (ii)     	THE TESTING MUST BE PERFORMED BY A LICENSED 

440                                    	STATE AGENCY.



450     SECTION 2. AND BE IT FURTHER ENACTED, That this act shall take effect 

460	    on March 1, 2000.



470     MANDATES:		Governor Parris N. Glendening

480                     	Delegate Marilyn R. Goldwater

490                       	Attorney General Joseph Curran





								Alison Kleiner

								Western Maryland College

								2 College Hill 

								Westminster, MD  21157

								410-751-8638



								Angie Zagami

								Western Maryland College

								2 College Hill 

								Westminster, MD  21157

								410-374-5726