A colleague in another state recently told me that they received a letter from the EPA stating that the EPA would be performing a Lead-based Paint Disclosure Rule record keeping inspection. What information would they be looking for?

A) Any type of regulatory inspection can be nerve wracking, but if you have been diligent in your record keeping, you should not have a problem. Prior to an inspection, the EPA Compliance Officer assigned to your inspection will likely provide you with a list of documents that you will need to produce for their review. These documents may include:

  • Copies of purchase contracts for homes sold in the last year that were built pre-1978;
  • The Property Transfer Lead Paint Notification form provided to the purchaser in each transaction involving a pre-1978 home;
  • A list of agents affiliated with the company; and
  • A list of all pre-1978 properties sold in the last three (3) years.

Penalties for non-compliance with the lead paint disclosure laws, and failure to properly maintain the required documents for at least three (3) years may lead to significant civil penalties and potential criminal liability for willful violations.