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New Lead Paint Law Benefits Children And Landlords
Date: January 28, 2002
Madison - A new state law that protects children from lead paint poisoning by providing incentives for landlords who make their property lead safe, takes effect March 1, 2002, according to the Wisconsin
REALTORS® Association (WRA). Wisconsin is the only state in the nation to attempt this unique public-private partnership to premeditate lead paint hazards in older buildings.
"Once again Wisconsin is a leader in solving difficult problems," said William Malkasian, President of the WRA. The
REALTORS® organization supported both the legislation and administrative rules regarding the new law. "Democrats and Republicans, state and local public heath regulators,
REALTORS®, landlords, and community advocates, all worked together to pass this innovative and market-based approach to solving one of America's more vexing public health issues," said Malkasian. "I hope other states follow our lead."
The new law was actually passed in 2000 but the administrative rules providing details on standards, inspections, certification and training were not completed until recently and take effect March 1st. The law applies to commercial as well as residential property.
Under the law, property owners are offered an incentive to invest their own money in long-term lead based paint hazard reduction in their property. Landlords who satisfy state lead free or lead safe standards are granted immunity from liability for lead paint poisoning so long as they continue to follow spelled-out conditions for keeping their property free of lead paint hazards.
"This law recognizes that there is simply not enough federal, state or local government money to remediate this problem," says Rick Staff, General Counsel of the WRA. "So it uses incentives to attract private money to clean up properties and protect occupants from lead poisoning." Staff was a member of a technical advisory group established to work with the state Department of Health and Family Services to write the new rules.
According to Staff, landlords who cannot afford long-term or permanent solutions such as window replacement and encapsulation of painted walls, are allowed to take interim steps which eliminate lead paint hazards for the term of the certificate. As landlords make more permanent changes, lead safe certificate terms can increase from a minimum of nine months to as long as 20 years. "The law is flexible with one bottom line goal - to protect kids from getting lead poisoning," commented Staff.
Malkasian said the REALTORS® association, in conjunction with local apartment associations, will be conducting a series of educational seminars that landlords and property owners are encouraged to attend to learn about the new law. These seminars will also include information about toxic mold - the newest environmental issue affecting real estate. The seminars will examine the effects of mold as well as mold prevention, detection and clean up. "We will have our experts out to educate Realtors, owners of multifamily housing, homeowners and the general public regarding the new lead paint law and the issue of toxic mold. We encourage all property owners to attend."
The WRA lead paint and mold seminars cost $30 for the general public ($22 for
REALTORS®) and will be held across the state including the following
times and
places. To register call 1-800-279-1972 or 608-241-2047 or online.
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