TITLE 6. HEALTH CODE
CHAPTER 6-800. LEAD PAINT DISCLOSURE
§6-804. Right to Conduct Independent Inspection or Risk Assessment and Right to Rescind.
(1) Every contract for the purchase of residential
housing constructed prior to 1978, shall provide, in writing, that the buyer has
a ten (10) day period (unless the parties agree to a different period of time),
during which time the buyer may, at the buyer's expense, obtain a
comprehensive lead inspection or risk assessment from a certified lead
inspector. Should the inspection reveal lead-based paint or lead-based paint
hazards on the premises, the buyer may terminate the contract of purchase within
five (5) days of the receipt of the inspection report by the buyer, with all
deposit moneys paid on account to be refunded to the buyer (unless the parties
agree in writing to a different disposition of such deposit moneys). Failure of
the buyer to obtain such inspection within the permitted ten (10) days and/or
failure to terminate the contract upon a finding of lead-based paint or
lead-based paint hazard within the five (5) day period will constitute a waiver
of the right to conduct an independent inspection and the contract will remain
in full force and effect.
(2) Every lease, whether oral or written, of
residential housing constructed prior to 1978, shall provide in writing, that
the lessee has a ten (10) day period (unless the parties agree in writing to a
different period of time), during which time the lessee may, at the
lessee's expense, obtain a comprehensive lead inspection and risk
assessment from a certified lead inspector. Should the inspection reveal
lead-based paint or lead-based paint hazards on the premises, the lessee may
terminate the lease within two business days of the receipt of the inspection
report, with all moneys paid on account to be refunded to the lessee. Failure of
the lessee to obtain such inspection within the permitted ten days and/or
failure to terminate the lease upon a finding of lead-based paint or lead-based
paint hazards within the two-day period will constitute a waiver of the right to
conduct an independent inspection and the lease will remain in full force and
effect.
(3) Upon renewal of an existing lease and after compliance by a
lessor with the disclosure requirements of Section 6-803(2), any lessee shall
have the right to proceed with an inspection or risk assessment as provided by
Section 6-804(2) except that such renewing lessee shall not be required to
terminate the lease within two (2) days of performance of a comprehensive lead
inspection or a risk assessment, but shall be afforded a ten (10) day period to
notify lessor in writing of lessee's intention to terminate the lease,
with actual termination and vacation of the premises to occur at a time not to
exceed ninety (90) days after receipt of the comprehensive lead inspection or
risk assessment, during which period all lease obligations shall remain in full
force and effect.