Lead paint regulations in Austin follow federal law (Title X, Residential Lead-Based Paint Hazard Reduction Act of 1992) and EPA regulations (40 CFR Part 745). Sellers and landlords of pre-1978 housing must disclose known lead-based paint hazards, provide the EPA pamphlet, and allow a 10-day inspection period for buyers. Texas does not have a state lead paint law beyond federal requirements, and Austin does not impose additional municipal lead paint ordinances.
Under the federal Residential Lead-Based Paint Hazard Reduction Act (Title X, 42 U.S.C. 4851-4856) and EPA regulations (40 CFR Part 745), all sellers and landlords of housing built before 1978 in Austin must disclose known lead-based paint and lead-based paint hazards, provide buyers and tenants with a copy of the EPA pamphlet 'Protect Your Family From Lead in Your Home,' and for sales transactions, allow the buyer a 10-day period to conduct a lead paint inspection or risk assessment (this period can be waived). In Texas, the Texas Real Estate Commission (TREC) provides the standard lead-based paint addendum form for real estate transactions. Renovation, repair, and painting activities that disturb lead-based paint in pre-1978 housing must be performed by EPA-certified renovators following the EPA RRP Rule (40 CFR 745 Subpart E). Austin's property maintenance code (adopted under Chapter 25-12 of the Land Development Code) requires habitable structures to be maintained in a safe condition, which includes addressing peeling or deteriorating paint in pre-1978 buildings when lead hazards are suspected.
Failure to provide lead paint disclosure can result in federal penalties of up to $21,018 per violation under the Toxic Substances Control Act. Landlords may also be liable for up to three times the amount of damages in private lawsuits. Performing renovation work without EPA RRP certification can result in fines up to $46,192 per day of violation.
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See how Austin's lead paint rules stack up against other locations.
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