(4) In no instance shall the receipt of the disclosures required by this section operate as or be construed as a bar to relief or in any manner be used as an affirmative defense for an owner, operator or real estate agent in any statutory or common law action. ADD}

{DEL (2) DEL} {ADD (5) ADD} The department shall establish a registry of real estate for which a comprehensive environmental lead inspection has been performed. The registry shall be cross-indexed by the owners' name, street address, as well as the assessor's lot and plat number for the applicable city or town.

SECTION 2. Chapter 5-20.8 of the General Laws entitled "Real Estate Sales Disclosures" is hereby amended by adding hereto the following section:

{ADD 5-20.8-11. Lead inspection requirement. -- ADD} {ADD (1) Every contract for the purchase and sale of residential real estate (1-4 family built prior to 1978) located in the state of Rhode Island shall provide that potential purchasers be permitted a ten (10) day period, unless the parties mutually agree upon a different period of time, to conduct a risk assessment or inspection for the presence of lead exposure hazards before becoming obligated under the contract to purchase.

(2) Failure to include the provision required in subsection (1) of this section in the purchase and sale agreement for residential real estate shall not create any defect in title; provided, however each violation of this section by the seller or his or her agent shall be subject to a civil penalty of not less than one hundred dollars ($100) nor more than five hundred dollars ($500).

(3) Failure to provide inspection results and/or educational materials pursuant to department regulations required by subsection (1) of section 23-24.6-16 shall not create any defect in title; provided, however, each violation of this section by the seller or his or her agent shall be subject to a civil penalty of not less than one hundred dollars ($100) nor more than five hundred dollars ($500).

(4) Failure to include the purchase and sale agreement provision required in subsection (1) of this section; failure to provide inspection results pursuant to subsection (1) of section 23-24.6-16; or inspection results which show a lead exposure hazard as defined at 23-24.6-4(18) of the general laws shall entitle the purchaser to void the purchase and sale agreement by providing notice in writing to the seller prior to the transfer of the title at closing. ADD}

SECTION 3. Section 23-24.6-15 of the General Laws in Chapter 23-24.6 entitled "Lead Poisoning Prevention Act" is hereby amended to read as follows:

{ADD 23-24.6-15. Inspections of rental property. -- ADD} (1) The director shall, no later than January 1, 1993, promulgate regulations permitting state inspectors to conduct comprehensive environmental lead inspections in response to any complaint to the department by an occupant or the parent or guardian of any child under the age of six (6) years who is an occupant renting or leasing a dwelling, dwelling unit or premises of the existence of a lead exposure hazard for a child under the age of six (6) years in that dwelling, dwelling unit or premises. These regulations will allow for response to such complaints to be prioritized based upon the age of the structure and the nature and degree of hazard present.

(2) Whenever a comprehensive environmental lead inspection has been performed either pursuant to such a complaint or otherwise, the owner and/or any real estate agent or property manager involved in renting or leasing the dwelling, dwelling unit, or premises shall provide the results of such inspection to occupants pursuant to regulations promulgated by the department, as follows:

(a) Those persons occupying said dwelling, dwelling unit or premises at the time the inspection is performed shall be notified of the results within five (5) business days after the owner receives the results;

(b) All persons who are prospective occupants shall be notified of the inspection results, if a significant lead hazard exists, before any lease is signed or before occupancy begins in cases where no lease is signed.

(c) This notice provision terminates with the performance of the necessary lead reduction actions required to reach at least the "lead safe" level. The department shall provide the owner with a certification of lead reduction for the dwelling.

{ADD (3) Failure to provide inspection results and/or educational materials pursuant to this section shall subject the lessor or his or her agent to a civil penalty of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each violation. ADD}

SECTION 4. This act shall take effect January 1, 1995.