An Act To Modify Liability To Protect Maine Citizens from Lead Hazards That Harm Maine Children and Families
Maine Legislature, Session 122, LD 1532
Committee: Judiciary
Sponsors: FAIRCLOTH, HOBBINS, BRYANT, CUMMINGS, DUNN, EDER, PELLETIER-SIMPSON, RICHARDSON, BRENNAN
Amends: 5 MRSA §4582, 14 MRSA §222, 14 MRSA §6030-B, 22 MRSA §1317-D, 22 MRSA §1320-B, 22 MRSA §1328, 33 MRSA §173

Legislative Document 
No. 1532 
H.P.1077 
House of Representatives, April 4, 2005 
An Act To Modify Liability To Protect Maine Citizens from Lead 
Hazards That Harm Maine Children and Families 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Representative FAIRCLOTH of Bangor. 
Cosponsored by Senator HOBBINS of York and 
!r/~ 
/J7.1?ltu~ 
Mll..LICENT M. MacFARLAND 
Clerk 
Representatives: BRYANT of Windham, CUMMINGS of Portland, DUNN of Bangor, EDER 
of Portland, PELLETIER-SIMPSON of Auburn, Speaker RICHARDSON of Brunswick, 
Senators: BRENNAN of Cumberland, Mll..LS of Somerset. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §4582, as amended by PL 1991, c. 99, §§13 to 
17, is further amended by adding after the 2nd paragraph a new 
3rd paragraph to read: 
For any owner, lessee, sublessee, managing agent or other 
person haying the right to sell, rent, lease or manage a housing 
accommodation or any agent of these to refuse to selL rent, 
lease or 
otherwise 
deny 
or withhold 
from 
any person or 
to 
discriminate against any person in the 
terms, 
conditions or 
priyileges of the sale, rental or lease of such premises because 
the premises do or may contain environmental lead !@.zards or 
because the sale, rental or lease would trigger liability under 
Title 14, section 222 or duties under Title 22, chapter 252. 
Refusing to rent to families with children in yiolation of law 
does 
not 
constitute 
compliance 
with Title 
22, 
chapter 
252. 
Rgfusing to renew the lease of or evicting families with children 
does not constitute compliance with Title 22, chapter 252. 
Sec. 2. 14 MRSA §222 is enacted to read: 
§222. 
Liability for lead poisoning 
I. 
Definitions. 
As 
used 
in this 
section, 
unless 
the 
context 
otherwise 
indicates, 
the 
following 
terms 
have 
the 
following meanings. 
A. 
"Owner" has the same meaning as set forth in Title 22, 
section 1315, subsection 5-F. 
B. 
"Premises" has the same meaning as set forth in Title 
22, section 1315, subsection 6-A. 
2. 
Liability. 
The owner of premises is strictly liable for 
all damages to a child who suffers lead poisoning caused by the 
owner's failure to comply with Title 22, chapter 252 if the child 
was under 6 years of age at the time of the lead poisoning. 
A 
child is considered lead poisoned upon proof that" the child's 
blood lead level eguals or exceeds the blood lead level at which 
the Department of Health and Human Seryices by rule defines lead 
poisoning. 
3. 
Ezceptions. 
An owner is not liable under subsection 2 
A. 
The premises were constructed in 1978 or later: or 
B. 
The premises were certJfied as lead-free or lead-safe 
within the 12 months previous to the presence of the child 
Page l-LR1233 (1) 
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• 
unless, after the lead-free or lead-safe certification, the 
owner was negligent in letting a lead hazard develop and in 
failing to promptly correct it. 
Nothing 
in 
this 
subsection 
may 
be 
construed 
to 
eliminate, 
diminish or restrict an owner's liability other than as specified 
in subsection 2. 
Sec.3. 14 MRSA §6030-B is enacted to read: 
S6030-B. 
Environmental lead hazards 
1. 
Environmental lead hazard disclosure. 
A landlord or 
other lessor shall provide to potential tenants and lessees a 
property disclosure statement that includes. but is not limited 
~o, information about the p~sence or prior removal of lead-based 
paint in accordance with Title 22. section 1328. 
2. 
Application. 
The landlord or lessor shall provide the 
p~ty disclosure statement under subsection 1 when a structure 
that is part of the real property was built prior to 1978. 
Sec. 4. 22 MRSA §1317-D, sub-§8 is enacted to read: 
S. 
Blood lead le~ls; triggers. 
The department shall adopt 
rules that establish the blood lead levels upon which department 
~ction must be initiated under this chapter. 
The rules adopted 
under this subsection are routine technical rules as defined in 
Title 5, chapter 375, subchapter 2-A. 
A. 
The department shall notify the child's pbysician if the 
child's blood lead level is at 5 or more micrograms per 
deciliter. 
S. 
The department shall require inspection of the dwelling 
under section 1321 if the child's blood lead level is 15 or 
more micrograms per deciliter. 
Sec. 5. 22 MRSA §1320-B is enacted to read: 
SI320-B. 
Liability for inspection costs 
If the department determines after an inspection conducted 
44und_er section 1320 or 1320-A that an environmental lead bazard 
exists, the owner is responsible for reimbursing the department 
for the reasonable costs of inspection. 
Sec. 6. 22 MRSA §1328 is enacted to read: 
S132S. 
Real property disclosure statement fOrmS 
1. 
Sellers of real prqperty. 
The department shall prepare 
a standard real property disclosure statement form for potential 
sellers 
of 
real 
property 
to 
use 
to 
disclose 
to 
potential 
purchasers information co~rning environmental lead h~ards, in 
or about the real property, to comply with Title 33, section 173, 
subsection 4, paragraph B. 
The statement is in addition to that 
required 
under 
United 
States 
Code, 
Section 
4852d 
and 
implementing regulations. 
A. 
The following warning must be included at the top of the 
form. 
The heading and the first and last paragraphs must be 
printed in a font that is at least as large as 16-point type 
in Times Roman font. 
WARNING REGARDING LEAD-BASED PAINT HAZARDS 
ANY RESIDENCE BUILT BEFORE 1978 MAY CONTAIN LEAD SUFFICIENT 
TO 
POISON 
CHILDREN 
AND 
SOMETIMES 
ADULTS. 
LEAD 
POISONING 
POSES A PARTICULAR RISK IF YOU ARE PREGNANT OR MAY BECOME 
PREGNANT. 
LEAD 
POISONING 
IN 
YOUNG 
CHILDREN 
MAY 
PRODUCE 
PERMANENT 
NEUROLOGICAL 
DAMAGE, 
INCLUDING 
LEARNING 
DISABILITIES, A REDUCED INTELLIGENCE OUOTIENT (10), IMPAIRED 
MEMORY 
AND 
BEHAVIORAL 
PROBLEMS 
SUCH 
AS 
ATTENTION 
DEFICIT 
HYPERACTIVE DISORDER AND A PROPENSITY FOR VIOLENCE. 
Eyery purchaser of any interest in residential real property 
on which a residential dwelling was built prior to 1978 is 
notified that such property may present exposure to lead 
from lead-based paint that may place young children at risk 
of developing lead poisoning. 
The seller of any interest in 
real property is required to provide the buyer with any 
information 
on 
lead-~ased 
paint 
hazards 
from 
risk 
assessments or inspections in the seller's possession and 
notify the buyer of any known lead-based paint hazards. 
A 
risk assessment or inspection for possible lead-based paint 
hazards is recommended prior to purchase. 
The 
owner 
of 
property is 
strictly liable 
for 
damages 
resulting from the lead poisoning of children under the age 
of 6 when the owner has failed to comply with Maine law 
relating to 
environmental 
lead hazards 
under 
the 
Maine 
Revised Statutes, Title 22, chapter 252. 
THE ONLY WAY TO KNOW WITH CERTAINTY WHETHER LEAD-BASED PAINT 
HAZARDS ARE PRESENT ON THE PROPERTY IS TO TEST THE PROPERTY 
FOR THE PRESENCE OF LEAD. 
B. 
The form must include the seller's disclosure and the 
agent's disclosure as reguired by federal law. 
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C. 
The form must include the purchaser's acknowledgment as 
reguired by federal 
law and 
an 
acknowledgment that the 
purchaser has 
received the property disclosure statement 
reguired 
by 
this 
section. 
The 
form 
must 
include 
the 
following 
statement: 
"This 
acknowledgment 
does 
not 
constitute a waiver of any rights." 
D. 
The form must include the certification of accuracy as 
reguired by federal law. 
2. 
Landlords and lessors. 
The department shall prepare a 
standard real property disclosyre statement form for landlords 
and 
other 
lessors 
of 
real property to 
yse 
to disclose 
to 
potential 
tenants 
and 
lessees 
information 
concerning 
environmental lead hazards, in or aboyt the real property, to 
comply with Title 14, 
section 6030-B. 
The 
statement is in 
addition to that regyired unger 42 United States Code, Section 
4852d and implementing regulations. 
A. 
The following warning must be inclyded at the top of the 
form. 
The heading and the first and last paragraphs myst be 
printed in a font that is at least as large as 16-point type 
in Times Roman font. 
WARNING REGARDING LEAD-BASED PAINT HAZARDS 
ANY RESIDENCE BUILT BEFORE 1978 MAY CONTAIN LEAD SUFFICIENT 
TO 
POISON 
CHILDREN 
AND 
SOMETIMES 
ADULTS. 
LEAD 
POISONING 
POSES A PARTICULAR RISK IF YOU ARE PREGNANT OR 
MAY BECOME 
PREGNANT. 
LEAD 
POISONING 
IN 
YOUNG 
CHILDREN 
MAY 
PRODUCE 
PERMANENT 
NEUROLOGICAL 
DAMAGE, 
INCLUDING 
LEARNING 
DISABILITIES, A REDUCED INTELLIGENCE OUOTIENT (10), IMPAIRED 
MEMORY 
AND 
BEHAVIORAL 
PROBLEMS 
SUCH 
AS 
ATTENTION 
DEFICIT 
HYPERACTIVE DISORDER AND A PROPENSITY FOR VIOLENCE. 
~_~nant or lessor ~L-gny interest in residential real 
property on which a residential dwelling was built prior to 
1978 is notified that such property may present exposure to 
lead from lead-based paint that may place young children at 
risk of 
developill9.---.l~~d poisoning. 
The landlord or other 
lessor of any interest in real property is reguired to 
provide 
the 
tenant 
or 
lessee 
with 
any 
information 
on 
lead-based 
paint 
hazards 
from 
risk 
assessments 
or 
inspections in the landlord's or lessor's possession and 
notify the tenant or lessee of any known lead-based paint 
hazards. 
The 
owner 
of 
property 
is 
strictly liable 
for 
damages 
resulting from the lead poisoning of children under the age 
of 6 when the owner h~iled to comply with Maine law 
relating to 
environmental 
lead hazards 
under 
the 
Maine 
Reyised Statutes, Title 22, chapter 252. 
THE ONLY WAY TO KNOW WITH ~~TAIN_TY WHETHER LEAD-BASED 
~AINT 
HAZARDS ARE PRESENT ON THE PROPERTY IS TO TEST THE PROPERTY 
FOR THE PRESENCE OF LEAD. 
B. 
The form must include the lessor's disclosure and the 
agent's disclosure as required by federal law. 
C. 
The form must include the lessee's acknowledgment as 
required by federal 
law 
and 
an 
acknowledgment that the 
lessee 
has 
rec~~he property 
disclosure 
stat~ent 
required 
by 
this 
section. 
The 
form 
must 
include 
the 
following 
statement: 
"This 
acknowledgment 
does 
not 
constitute a waiver of any rights." 
D. 
The form must include the certification of accuracy as 
required by federal law. 
3. 
Downloadable 
forms. 
The 
department 
shall post 
and 
maintain the forms required by this section on the Internet in a 
format that is easily downloadable. 
Sec. 7. 33 MRSA §173, sub-§4, ~B, as enacted by PL 1999, c. 
476, §l, is amended to read: 
B. 
Lead-based paint for pre-1978 homes in accordance with 
federal regulations and Title 22, section 1328; 
SUMMARY 
This bill addresses lead poisoning from lead-based paint by 
imposing liability on a property owner whose failure to comply 
with the Lead Poisoning Control Act results in a child's lead 
poisoning. 
The liability is for all damages to a child under 6 
years of age and is modeled on Massachusetts' lead control laws. 
The liability does not attach if the dwelling or premises were 
constructed in 1978 or later. 
The owner is also not liable if 
the dwelling or premises were certified as lead-free or lead-safe 
within the 12 months previous to the presence of the child, 
unless the owner was negligent in letting "a lead hazard develop 
and in failing to promptly correct it. 
This 
bill 
prohibits 
housing 
discrimination 
that 
occurs 
because the property does or may contain an environmental lead 
hazard for which liability for the lead poisoning of a child 
could be imposed. 
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" 
This bill establishes in statute the minimum blood lead 
levels necessary to trigger the graduated department action. 
Notification of the child's physician must be made with a test of 
or more micrograms per deciliter. 
Inspection of the dwelling 
is required when the blood lead level is 15 or more micrograms 
per deciliter. 
This bill requires the owner of real property to reimburse 
the Department of Health and Human Services for inspection costs 
if an environmental lead hazard exists on the inspected premises. 
This bill 
requires 
the 
Department 
of Health 
and 
Human 
Services to prepare a 
form that sellers of real property are 
required to provide to purchasers, explaining the dangers of lead 
exposure. 
The form is in addition to the form required under 
federal 
law. 
It must 
include 
specific 
language 
about 
the 
potential consequences of lead poisoning. 
The department must 
prepare a similar form for landlords and lessors to provide to 
potential tenants and lessees. 
This bill requires the property 
disclosure statement when the property was built before 1978 .