Alban Home Inspection Service

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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.”

Note: This newsletter is for informational purposes only. When getting involved with a project, please work within your ability. If you need help with a contractor or with any other home-related issue, please contact Alban Home Inspection Service with any questions. Thank You.

*Free Inspection Program If Sale Does Not Close
*
For Residential owner-occupied contracts under $400,000.00. Restrictions apply. Call for details.


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