68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2783
A-Engrossed
House Bill 2971
Ordered by the House May 1
Including House Amendments dated May 1
Sponsored by Representative REPINE (at the request of Multifamily
Housing Council of Oregon, Affiliated Rental Housing
Association, Construction Contractors Board, Department of
Environmental Quality, Hazcon Inc., Housing Development Center,
International Brotherhood of Painters and Allied Trades
District Council #55, Oregon Association of Realtors, Economic
Development Department, Health Division, Housing and Community
Services Department, Oregon Legal Services, PBS Environmental,
Portland Development Commission)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Establishes lead-based paint activities programs to conform to
federal law including training, licensing and registration
programs for persons who engage in lead-based paint activities.
Defines terms.
Provides for notices as required by federal law.
{ - Appropriates moneys from General Fund to Construction
Contractors Board for carrying out provisions of Act. - }
{ + Limits expenditures. + }
Declares emergency, effective { - __________ - } { + on
passage + }.
A BILL FOR AN ACT
Relating to lead-based paint activities; limiting expenditures;
and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 to 5 of this Act are added to and
made a part of ORS chapter 701. + }
SECTION 2. { + The Legislative Assembly finds that:
(1) The Federal Government regulates lead poisoning and lead
hazard reduction through:
(a)(A) The Lead-Based Paint Poisoning Prevention Act;
(B) The Lead Contamination Control Act of 1988;
(C) The Safe Drinking Water Act;
(D) The Resource Conservation and Recovery Act of 1976; and
(E) The Residential Lead-Based Paint Hazard Reduction Act of
1992; and
(b) Implementing regulations of:
(A) The Department of Housing and Urban Development;
(B) The Environmental Protection Agency;
(C) The Occupational Safety and Health Administration; and
(D) The Centers for Disease Control.
(2) In 1992, Congress passed the federal Residential Lead-Based
Paint Hazard Reduction Act, which requires that:
(a) States provide for the accreditation of lead-based paint
activities training programs, the certification of persons
completing such training programs and the licensing of lead-based
paint activities contractors pursuant to standards to be
developed by the Environmental Protection Agency.
(b) Effective October 28, 1995, sellers and landlords of
residential housing constructed before 1978 notify buyers and
tenants of known lead-based paint hazards.
(3) Lead affects every system of the body. It is harmful to
individuals of all ages and is especially harmful to children,
fetuses and women of childbearing age. Lead poisoning is one of
the most common and preventable pediatric health problems
today. + }
SECTION 3. { + For the purposes of sections 2 to 6, 10 and 12
of this 1995 Act and ORS 90.305 and 105.465:
(1) 'Abatement' has the meaning given that term in
P.L. 102-550, section 1004, 40 CFR 745.223 and as further defined
pursuant to the authorities described in section 2 of this 1995
Act.
(2) 'Accredited Training Program' means a training program that
has been accredited by the Health Division to provide training
for individuals engaged in lead-based paint activities.
(3) 'Certified' means an action by the Health Division
verifying the successful completion of a training program
accredited by the Health Division and any other requirements.
(4) 'Commercial building' has the meaning given that term in 40
CFR 745.223 and as further defined pursuant to the authorities
described in section 2 of this 1995 Act.
(5) 'Discipline' means a specific type or category of
lead-based paint activity.
(6) 'Evaluation' has the meaning given that term in
P.L. 102-550, section 1004, and as further defined pursuant to
the authorities described in section 2 of this 1995 Act.
(7) 'Inspection' has the meaning given that term in
P.L. 102-550, section 1004, 40 CFR 745.223 and as further defined
pursuant to the authorities described in section 2 of this 1995
Act.
(8) 'Lead-based paint' has the meaning given that term in P.L.
102-550, section 1004, and as further defined pursuant to the
authorities described in section 2 of this 1995 Act.
(9) 'Lead-based paint activities' has the meaning given that
term in 40 CFR 745.223 and as further defined pursuant to the
authorities described in section 2 of this 1995 Act.
(10) 'Lead-based paint hazard' means any condition that causes
exposure to lead from lead-contaminated dust, lead-contaminated
soil, lead-contaminated paint that is deteriorated or present in
accessible surfaces, friction surfaces or impact surfaces that
would result in adverse human health effects as established by
the appropriate federal agency.
(11) 'Licensed' means a person who has been certified by the
Health Division in one or more disciplines and has completed the
requirements of the Construction Contractors Board.
(12) 'Public buildings' has the meaning given that term in 40
CFR 745.223 and as further defined pursuant to the authorities
described in section 2 of this 1995 Act.
(13) 'Registered' means a person or business that has met the
requirements for registration under this chapter.
(14) 'Residential dwelling' has the meaning given that term in
P.L. 102-550, section 1004, 40 CFR 745.223 and as further defined
pursuant to the authorities described in section 2 of this 1995
Act.
(15) 'Risk assessment' has the meaning given that term in P.L.
102-550, section 1004, 40 CFR 745.223 and as further defined
pursuant to the authorities described in section 2 of this 1995
Act.
(16) 'Superstructure' has the meaning given that term in 40 CFR
745.223 and as further defined pursuant to the authorities
described in section 2 of this 1995 Act.
(17) 'Target housing' has the meaning given that term in P.L.
102-550, section 1004, 40 CFR 745.223 and as further defined
pursuant to the authorities described in section 2 of this 1995
Act. + }
SECTION 4. { + (1) No person shall perform lead-based paint
activities in this state unless the person is licensed in the
appropriate lead-based paint discipline under section 5 of this
1995 Act.
(2) No person required by subsection (1) of this section to
obtain a license shall fail to comply with the provisions of
sections 2 to 6 of this 1995 Act or any rules adopted pursuant
thereto.
(3) No person registered to conduct a lead-based paint
activities business may employ any individual to perform
lead-based paint activities who is not licensed in the
appropriate lead-based paint discipline under section 5 of this
1995 Act. + }
SECTION 5. { + (1) In accordance with any applicable
provisions of ORS 183.310 to 183.550, the Construction
Contractors Board by rule shall establish a system to license
persons and individuals in lead-based paint disciplines required
to be licensed under section 4 of this 1995 Act. Such licensing
shall include disciplines and requirements described in 40 CFR
745.225. Such a system shall include but not be limited to
provisions:
(a) Prescribing the form and content of the times and
procedures for submitting applications for license issuance or
renewal.
(b) Prescribing the fees for original issuance and renewal of
the license in amounts that do not exceed the cost of
administering the program.
(c) Prescribing those actions or circumstances that constitute
failure to achieve or maintain licensing requirements, or that
otherwise are contrary to the public interest, for which the
agency may refuse to issue or renew or may suspend or revoke a
license.
(2) In accordance with any applicable provisions of ORS 183.310
to 183.550, the Construction Contractors Board by rule shall
establish a system to register businesses that employ persons or
individuals in lead-based paint disciplines required to be
licensed under section 4 of this 1995 Act. Such registration
shall include the requirements described in 40 CFR 745.226. Such
a system shall include but not be limited to provisions:
(a) Prescribing the form and content of the times and
procedures for submitting applications for registration or
renewal.
(b) Prescribing the fees for original registration and renewal
of the registration in amounts that do not exceed the cost of
administering the program.
(c) Prescribing those actions or circumstances that constitute
failure to achieve or maintain licensing requirements, or that
otherwise are contrary to the public interest, for which the
agency may refuse to issue or renew or may suspend or revoke a
license.
(3) The Construction Contractors Board may impose the following
licensing fees:
(a) Lead abatement contractor, up to $50 per year;
(b) Lead inspection contractor, up to $50 per year;
(c) Lead supervisor or lead contractor, up to $50 per year;
(d) Lead inspector or assessor, up to $50 per year; and
(e) Lead worker, up to $25 per year. + }
SECTION 6. { + The Health Division shall carry out the
provisions of this section by:
(1) Developing accreditation programs for training providers;
(2) Prescribing the requirements for and the manner of testing
the competency of license applicants for the protection of the
public and as required by federal law;
(3) Prescribing those actions or circumstances that constitute
failure to achieve or maintain competency, or that otherwise are
contrary to the public interest, for which the agency may refuse
to issue or renew or may suspend or revoke a certification;
(4) Developing and conducting programs to screen blood lead
levels, to identify hazards and to educate the public, including
parents, residential dwelling owners and child care facility
operators, about the dangers of lead-based paint hazards and of
appropriate precautions that should be taken to reduce the
possibility of childhood lead poisoning; and
(5) Imposing the following fees:
(a) Certification of training curriculums, up to $1,500;
(b) Annual renewal of training providers and curriculums, up to
$500;
(c) Certification of trainers, up to $500;
(d) Annual renewal of trainer's certification, up to $250; and
(e) Certification test, up to $85. + }
SECTION 7. { + Notwithstanding any other law, the amount of
$___ is established for the biennium beginning July 1, 1995, as
the maximum limit for payment of expenses from fees, moneys or
other revenues, including Miscellaneous Receipts and federal
funds, collected or received by the Construction Contractors
Board to carry out the provisions of section 5 of this Act. + }
SECTION 8. { + (1) Notwithstanding any other law, the amount
of $___ is established for the biennium beginning July 1, 1995,
as the maximum limit for payment of expenses from federal funds
collected or received by the Health Division to carry out the
provisions of section 6 of this Act.
(2) Notwithstanding any other law, the amount of $___ is
established for the biennium beginning July 1, 1995, as the
maximum limit for payment of expenses from fees, moneys or other
revenues, including Miscellaneous Receipts, collected or received
by the Health Division to carry out the provisions of section 6
of this Act. + }
SECTION 9. { + Section 10 of this Act is added to and made a
part of ORS 105.465 to 105.490. + }
SECTION 10. { + (1) A 'contract for the purchase and sale of
residential real property' means any contract or agreement in
which one party agrees to purchase an interest in real property
on which there is situated one or more residential dwellings
constructed prior to 1978. These dwellings are also described as
target housing.
(2) The provisions of this section apply to contracts for the
purchase and sale of residential real property.
(3) A seller to whom subsections (1) and (2) of this section
apply shall deliver to each buyer who enters into a contract for
the purchase and sale of residential real property:
(a) A lead hazard information pamphlet entitled Lead-Based
Paint: Protect Your Family;
(b) Reports from all lead-based paint inspections, risk
assessments and abatement activities known to the seller and
conducted on or in the target housing. Any reports in the
possession of the seller on or after November 2, 1994, shall
become part of a permanent record; and
(c) A seller's lead-based paint disclosure statement.
(4) The seller shall provide the purchaser with an opportunity
for a 10 calendar-day inspection period, unless the parties
mutually agree to a different period of time before becoming
obligated under the contract to purchase the housing, to conduct
a risk assessment or inspection for the presence of lead-based
paint hazards.
(5) The disclosure required under subsection (3)(c) of this
section shall be in the following form or as revised by federal
rule: + }
_________________________________________________________________
{ +
SELLER'S LEAD WARNING STATEMENT + }
{ + Part 1: Lead Warning Statement + }
{ + Every purchaser of any interest in residential real
property on which a residential dwelling was built prior to 1978
is notified that such property may present exposure to lead from
lead-based paint that may place young children at risk of
developing lead poisoning. Lead poisoning in young children may
produce permanent neurological damage, including learning
disabilities, reduced intelligence quotient, behavioral problems
and impaired memory. Lead poisoning also poses a particular risk
to pregnant women. The seller of any interest in residential real
property is required to provide the buyer with any information on
lead-based paint hazards from risk assessments or inspections in
the seller's possession and notify the buyer of any known
lead-based paint hazards. A risk assessment or inspection for
possible lead-based paint hazards is recommended prior to
purchase.
Part 2: Seller's Certification + }
{ + Seller certifies to have disclosed to the purchaser and
agent all information known to the seller regarding the presence
of lead-based paint and lead-based paint hazards within this
target housing. (Seller initials and inserts date) _____.
(a) On ______ (insert date) the seller provided the purchaser
with lead-hazard reports based on lead-based paint inspections,
assessments or abatements conducted on the following dates:
________ .
(b) On ______ (insert date) the seller provided the purchaser
with the following information on lead-based paint hazards in
common areas:
(c) On ______ (insert date) the seller provided the purchaser
with the following additional information that may indicate
lead-based paint and lead-based paint hazards in the target
housing:
(d) On ______ (insert date) the seller certifies that no
additional information is known about this target housing. (NOTE:
By selecting (d), seller does not avoid liability for lead-based
paint and lead-based paint hazards known to the seller that are
not noted under (a), (b) or (c).)
(e) On ______ (insert date) the seller provided the purchaser
with the lead hazard information pamphlet Lead-Based Paint:
Protect Your Family.
The seller is aware that federal law requires the seller to
permit the purchaser a 10 calendar-day period, unless otherwise
agreed in writing, to conduct a risk assessment or inspection for
the presence of lead-based paint hazards before becoming
obligated under a contract to purchase target housing. That
opportunity was or will be provided between the following dates:
DATE: __________
SELLER: ____________________
SELLER: ____________________
Part 3: Agent's Certification (When Applicable) + }
{ + Agent certifies to have informed the seller of his or her
obligation to disclose to the purchaser and agent all information
known to the seller regarding the presence of lead-based paint
and lead-based paint hazards within this target housing. Agent
further certifies that the purchaser received the lead hazard
information pamphlet Lead-Based Paint: Protect Your Family and
that the purchaser has or will be given a 10 calendar-day period,
unless otherwise agreed in writing, to conduct a risk assessment
or inspection for the presence of lead-based paint before
becoming obligated under the contract to purchase the target
housing.
DATE: __________
AGENT: ____________________
Part 4: Purchaser's Acknowledgment + }
{ + I acknowledge that I have read and understood the attached
lead warning statement in Part 1 of this form and received all
information noted in Part 2 of this form, including the lead
hazard information pamphlet Lead-Based Paint: Protect Your
Family. I further acknowledge that, pursuant to 42 U.S.C.
�4852(d) and its implementing regulations, the attached contract
entitles me to 10 calendar days, unless otherwise agreed in
writing, to conduct a risk assessment or inspection for the
presence of lead-based paint hazards before becoming obligated
under a contract to purchase this target housing.
DATE: __________
PURCHASER: ____________________
PURCHASER: ____________________
_________________________________________________________________
(6) The signed disclosure and supporting documents must be
maintained by the seller and agent for a minimum of three years
from the date of the completion of the sale, unless otherwise
required under ORS chapter 696.
(7) The provisions of this section do not apply to a political
subdivision or lending institution that sells residential real
estate by public auction. + }
SECTION 11. { + Section 12 of this Act is added to and made a
part of ORS 90.305 to 90.340. + }
SECTION 12. { + (1) The landlord or agent of a residential
dwelling unit constructed prior to 1978 shall deliver:
(a) A lead hazard information pamphlet entitled Lead-Based
Paint: Protect Your Family;
(b) Reports from all lead-based paint inspections, risk
assessments and abatement activities known to the landlord and
conducted on or in the target housing. Any reports in the
possession of the landlord on or after November 2, 1994, shall
become part of a permanent record; and
(c) The landlord's lead-based paint disclosure statement.
(2) The landlord subject to subsection (1) of this section
shall provide the information required under subsection (1) of
this section to:
(a) All approved applicants prior to the completion of a rental
agreement;
(b) Parties of a fixed-term lease at the time of next renewal
or at the time the landlord becomes aware of more information
pertaining to lead-based paint; or
(c) Existing tenants as of October 28, 1995, or the effective
date of this 1995 Act.
(3) For the purposes of this section, the term 'lessor ' means
the landlord as defined in ORS 90.100 (6) and the term ' lessee'
means the tenant as defined in ORS 90.100 (16).
(4) The lead warning statement shall be provided as a separate
document and shall be in the following form: + }
_________________________________________________________________
{ +
LEAD WARNING STATEMENT + }
{ + Part 1: Lead Warning Statement + }
{ + A residential structure built prior to 1978 may present
exposure to lead from lead-based paint. This exposure may place
young children at risk of developing lead poisoning. Lead
poisoning in young children can produce permanent neurological
damage, including learning disabilities, reduced intelligence
quotient, behavioral problems and impaired memory. Lead poisoning
also poses a particular risk to pregnant women. The lessor of any
residential dwelling is required to provide the lessee with any
information on lead-based paint hazards from risk assessments or
inspections in the lessor's possession and notify the lessee of
any known lead-based paint hazards.
Part 2: Lessor's Certification + }
{ + Lessor certifies to have disclosed to the lessee and agent
all information known to the lessor regarding the presence of
lead-based paint and lead-based paint hazards within this target
housing. The information provided includes:
(a) On ______ (insert date) the lessor provided the lessee with
lead hazard reports based on lead-based paint inspections,
assessments or abatements conducted on the following date:
______.
(b) On ______ (insert date) the lessor provided the lessee with
the following information on lead-based paint hazards in common
areas:
(c) On ______ (insert date) the lessor provided the lessee with
the following additional information that may indicate lead-based
paint and lead-based paint hazards in the target housing:
(d) On ______ (insert date) the lessor certifies that no
additional information is known about this target housing. (NOTE:
By selecting (d), lessor does not avoid liability for lead-based
paint and lead-based paint hazards known to the lessor that are
noted under (a), (b) or (c).)
(e) On ______ (insert date) the lessor provided the lessee with
the lead hazard information pamphlet Lead-Based Paint: Protect
Your Family.
DATE: __________
LESSOR: ____________________
LESSOR: ____________________
Part 3: Agent's Certification (When Applicable) + }
{ + Agent certifies to have informed the lessor of his or her
obligation to disclose to the lessee and agent all information
known to the lessor regarding the presence of lead-based paint
and lead-based paint hazards within this target housing and that
all information known to the agent regarding the presence of
lead-based paint and lead-based paint hazards within this target
housing has been disclosed to the lessee. Agent further certifies
that the lessee received the lead hazard information pamphlet
Lead-Based Paint: Protect Your Family.
DATE: __________
AGENT: ____________________
+ } { + Part 4: Lessee's Acknowledgment + }
{ + I acknowledge that I have read and understood the attached
lead warning statement in Part 1 of this form, received the
information noted in Part 2 of this form, and received the
materials noted above, including the pamphlet Lead-Based Paint:
Protect Your Family.
DATE: __________
LESSEE: ____________________
LESSEE: ____________________
+ }
_________________________________________________________________
{ + (5) The signed disclosure and supporting documents must
be maintained by the landlord and agent for a minimum of three
years from the termination of the rental agreement, unless
otherwise required under ORS chapter 696. + }
SECTION 13. { + The provisions of sections 10 and 12 of this
Act become operative on October 28, 1995, or the date set forth
in 24 CFR Part 38. + }
SECTION 14. { + This Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this Act takes effect on its
passage. + }
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