House File 463 - Introduced HOUSE FILE BY FORD Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act requiring inspections for lead=based paint hazards prior 2 to the sale of housing built before 1978. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1982HH 82 5 av/es/88 PAG LIN 1 1 Section 1. Section 558.69, Code 2007, is amended to read 1 2 as follows: 1 3 558.69 REPORTING OF PRIVATE BURIAL SITES, WELLS, DISPOSAL 1 4 SITES, UNDERGROUND STORAGE TANKS, LEAD=BASED PAINT HAZARDS, 1 5 AND HAZARDOUS WASTE == LIABILITY. 1 6 1. With each declaration of value submitted to the county 1 7 recorder under chapter 428A, there shall also be submitted a 1 8 statement regarding whether any known private burial site is 1 9 situated on the property, and if a known private burial site 1 10 is situated on the property, the statement shall state the 1 11 approximate location of the site. 1 12 a. The statement shall also state that no known wells are 1 13 situated on the property, or if known wells are situated on 1 14 the property, the statement must state the approximate 1 15 location of each known well and its status with respect to 1 16 section 455B.190 or 460.302. 1 17 b. The statement shall also state that no known disposal 1 18 site for solid waste, as defined in section 455B.301, which 1 19 has been deemed to be potentially hazardous by the department 1 20 of natural resources, exists on the property, or if such a 1 21 known disposal site does exist, the location of the site on 1 22 the property. 1 23 c. The statement shall additionally state that no known 1 24 underground storage tank, as defined in section 455B.471, 1 25 subsection 11, exists on the property, or if a known 1 26 underground storage tank does exist, the type and size of the 1 27 tank, and any known substance in the tank. 1 28 d. For housing that was built before 1978, the statement 1 29 shall also state that the housing has been tested by a person 1 30 who has been certified by the department of public health to 1 31 perform lead=based paint hazard testing and either found to 1 32 have no lead=based paint hazards within the meaning of the 1 33 federal Residential Lead=based Paint Hazard Reduction Act of 1 34 1992, 42 U.S.C. } 4851=4855, and amendments thereto, or found 1 35 to meet the requirements of the maintenance standard. For 2 1 purposes of this paragraph, "maintenance standard" means any 2 2 of the following: repairing and repainting areas of 2 3 deteriorated paint inside a dwelling, cleaning the interior of 2 4 the dwelling to remove dust that constitutes a lead poisoning 2 5 hazard, adjusting doors and windows in the dwelling to 2 6 minimize friction or impact on surfaces, or providing the 2 7 purchaser of the dwelling with all information required 2 8 pursuant to the federal Residential Lead=based Paint Hazard 2 9 Reduction Act of 1992, 42 U.S.C. } 4851=4855, and amendments 2 10 thereto. 2 11 e. The statement shall also state that no known hazardous 2 12 waste as defined in section 455B.411, subsection 3, or listed 2 13 by the department pursuant to section 455B.412, subsection 1, 2 14 exists on the property, or if known hazardous waste does 2 15 exist, that the waste is being managed in accordance with 2 16 rules adopted by the department of natural resources. 2 17 2. The statement shall be signed by at least one of the 2 18 sellers or their agents. The county recorder shall refuse to 2 19 record any deed, instrument, or writing for which a 2 20 declaration of value is required under chapter 428A unless the 2 21 statement required by this section has been submitted to the 2 22 county recorder. 2 23 3. A buyer of property shall be provided with a copy of 2 24 the statement submitted, and, following the fulfillment of 2 25 this provision, if the statement submitted reveals no private 2 26 burial site, well, disposal site, underground storage tank, 2 27 lead=based paint hazards, or hazardous waste on the property, 2 28 the county recorder may destroy the statement. The land 2 29 application of sludges or soils resulting from the remediation 2 30 of underground storage tank releases accomplished in 2 31 compliance with department of natural resources rules without 2 32 a permit is not required to be reported as the disposal of 2 33 solid waste or hazardous waste. 2 34 4. If a declaration of value is not required, the above 2 35 information shall be submitted on a separate form. The 3 1 director of the department of natural resources shall 3 2 prescribe the form of the statement and the separate form to 3 3 be supplied by each county recorder in the state. The county 3 4 recorder shall transmit the statements to the department of 3 5 natural resources at times directed by the director of the 3 6 department. 3 7 5. The owner of the property is responsible for the 3 8 accuracy of the information submitted on the form. The 3 9 owner's agent shall not be liable for the accuracy of 3 10 information provided by the owner of the property. The 3 11 provisions of thisparagraphsubsection do not limit liability 3 12 which may be imposed under a contract or under any other law. 3 13 EXPLANATION 3 14 This bill requires that each declaration of value submitted 3 15 to the county recorder in connection with a real estate 3 16 transfer of housing built before 1978 must include a statement 3 17 that the housing has been tested for lead=based paint hazards 3 18 by a certified inspector and either is free of such hazards 3 19 within the meaning of the federal Residential Lead=based Paint 3 20 Hazard Reduction Act of 1992, 42 U.S.C. } 4851=4855, and 3 21 amendments thereto, or meets the requirements of the 3 22 maintenance standard. 3 23 "Maintenance standard" means any of the following: 3 24 repairing and repainting areas of deteriorated paint inside a 3 25 dwelling, cleaning the interior of the dwelling to remove dust 3 26 that constitutes a lead poisoning hazard, adjusting doors and 3 27 windows in the dwelling to minimize friction or impact on 3 28 surfaces, or providing the purchaser of the dwelling with all 3 29 information required pursuant to the federal Residential 3 30 Lead=based Paint Hazard Reduction Act of 1992, 42 U.S.C. } 3 31 4851=4855, and amendments thereto. 3 32 LSB 1982HH 82 3 33 av:nh/es/88