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 this paragraph subsection 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