Fort Smith does not have a stand-alone municipal lead ordinance. Lead hazards are governed by the federal Residential Lead-Based Paint Hazard Reduction Act (Title X, 42 U.S.C. Section 4851) and EPA's Renovation, Repair and Painting Rule (40 CFR Part 745), and at the state level by the Arkansas Lead-Based Paint-Hazard Act of 2011 (A.C.A. Section 20-27-2501 et seq.) administered by the Arkansas Department of Health Lead-Based Paint Program.
Three regulatory layers govern lead paint in Fort Smith. (1) Federal - the Residential Lead-Based Paint Hazard Reduction Act (Title X, 42 U.S.C. Sections 4851 et seq.) and EPA's Renovation, Repair and Painting (RRP) Rule at 40 CFR Part 745 require lead-safe certified renovators for any disturbance of more than 6 square feet interior or 20 square feet exterior of painted surface in pre-1978 housing or child-occupied facilities. The federal Lead Disclosure Rule at 24 CFR Part 35 is mandatory in any sale or lease of pre-1978 housing - the seller or landlord must provide the EPA pamphlet 'Protect Your Family From Lead in Your Home,' a Lead Warning Statement, and disclosure of any known lead-based paint or hazards, and must give buyers a 10-day opportunity to inspect. (2) State - the Arkansas Lead-Based Paint-Hazard Act of 2011 at A.C.A. Section 20-27-2501 et seq. (originally administered by ADEQ and transferred to the Arkansas Department of Health in 2011) requires lead inspectors, risk assessors, supervisors, project designers, and abatement contractors to be Arkansas-certified by the ADH Lead-Based Paint Program (4815 West Markham Street, Slot 32, Little Rock, AR 72205; 501-671-1472). EPA authorized Arkansas as a self-certifying state in 2012 under 77 Fed. Reg. 16689 (March 22, 2012). The Arkansas program does not separately mandate renovation under the EPA RRP program - federal RRP standards apply directly. (3) Local - Fort Smith has no separate lead ordinance, but the Fort Smith Building Services division enforces the 2018 / 2021 International Property Maintenance Code through code enforcement, and deteriorated paint constitutes an IPMC Section 304.2 violation that the city may abate. Fort Smith Neighborhood Services also responds to deteriorated paint complaints at rental properties.
Federal Lead Disclosure Rule violations carry civil penalties up to $19,507 per violation (2024 inflation-adjusted) under HUD/EPA enforcement, plus treble damages payable to the tenant or buyer under 42 U.S.C. Section 4852d(b)(3). Arkansas Lead-Based Paint-Hazard Act violations can result in license suspension and civil penalties up to $5,000 per violation under A.C.A. Section 20-27-2515. Fort Smith IPMC enforcement uses the general penalty (Section 1-9), up to $500 per offense and up to 30 days in jail, with the city authorized to abate severe deteriorated-paint hazards under A.C.A. Section 14-54-904.
Fort Smith, AR
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