Lead-Law Reminder:
THIS IS IMPORTANT!!!
Sandy Watkins, director of our Lead-Based Paint Inspection
Division, and I have recently become aware of confusion within
the property management industry in Maryland regarding the two
applicable lead-based paint laws for rental properties.
1. MARYLAND: All aspects of House Bill 760 must be complied
with. The details are well known. They include registration,
inspections, delivery of the EPA lead paint booklet, delivery of
the Maryland disclosure statement, and delivery of the most
current inspection approval form, among other requirements.
2. FEDERAL: Regardless of the location of a rental property
constructed during or before 1978 anywhere in the United States,
the federal law entitled “Title X” must be complied with. There
are no exceptions, even if the state (as in Maryland) has more
burdensome requirements than the federal law. The federal form
must be utilized, signed and initialed in all locations, the EPA
lead pamphlet must be delivered along with any and all reports,
and full disclosure regarding the lead paint existence and
condition of the property must be made. However, there is no
inspection requirement under Title X. Apparently one or more of
our lead-based paint property management clients have fully
complied with Maryland HB 760, but not Title X. EPA is not a
happy camper when this is discovered and will issue substantial
fines. We advise full compliance with both Maryland and Federal
laws. |
From the Desk of Arthur Lazerow
continued from front
licensed electrician. He could easily fabricate deficiencies in
the main electrical panel to make additional money correcting
the fictitious problems. With architects, it is a little hazy.
Although I have never provided architectural services to home
inspection clients, often I am asked if I could design an
addition or renovation for them.”
Because this additional service would not be derived from or
based on the results of the inspection, it’s unlikely it would
be in considered a violation of the Code. Yet, Blackwood is
careful to avoid even the appearance of impropriety.
ASHI Member Arthur Lazerow expanded on the Code’s relevance to a
relationship between the two professions. “Our Code of Ethics
elevates our membership into a professional class whose goal it
is act in the best interest of the client. Without a Code, the
client’s interests would not necessarily come first. Architects
can work with ASHI members with confidence that they are dealing
with professionals.”
These two restrictions have been cornerstones of ASHI’s Code
from its inception, and were retained when the Code was revised
in 2004 and then coupled with the Standards of Practice this
year. The Code of Ethics sets ASHI apart from other home
inspection associations, and according to Lazerow, “marks the
difference between a mechanic and a consultant.” |