Here are the latest developments in a host of environmental and potential legal issues. REALTORS® must not only understand the implications of nationally well-known environmental issues, such as lead paint, radon, electromagnetic fields, but also our region specific issues, such as the Scenic Mountain Act, Rivers Protection, Title V, and more.
Green Designation - September 15, 2010
Green Designation Brought to the Berkshires by Popular Request!
NAR's Green Designation is designed for residential, commercial and property management professionals looking to green their businesses and their live
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Title 5 - Notes from the Legal Hotline
Q&A By Steve Ryan & Margy Grant, MAR's Legal Team
Today's question from the legal hotline pertains to Title 5 and a failed inspection...
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Asbestos - Notes from the MAR Legal Hotline
By Steve Ryan, General Counsel and Margy Grant, Associate Counsel
MAR Legal Hotline weighs in on Asbestos in real estate and answer member questions about the removal and disclosure requirements as well as brief tips to help you identify asbestos in the field.
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Water, Water, Everywhere!
Free Maps and Information of Berkshire's Ponds and Lakes
Take a moment to familiarize yourself with Asbestos handling & Liability
In recent weeks, the Board office has fielded several calls regarding asbestos, and a REALTORS obligation and liability of disclosure.
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Lead Paint Notes from the Legal Hotline
Proper Disclosure and Paper Trail
The state legal team has answered a few relevant questions from Berkshires Central Council regarding the proper disclsoure of lead paint and paperwork requirements in the new age of technology.
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Title 5 Obligations
Who Pays, and When
In reading the Purchase and Sale Agreement, did you ever wonder why the seller doesn’t have the ability to terminate the contract if the title 5 fails inspection? Shouldn’t they have the ability to get out, especially if they can’t afford to fix it?
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New Free Guide on Wells:
What Every Realtor Should Know about Private Drinking Water Wells
The EPA has sent the Board Office a new brochure entitled " What Every Realtor Should Know about Private Drinking Water Wells" This brochure can be viewed online for free (you can print it yourself) or you can call the Board for one hard copy (while supplies last) I also have a contact in the New England EPA Office if you would like me to request more hard copy brochures for your clients.
Lead Paint Renovation Rule
Effective 4/22/2010
Common renovation activities like sanding, cutting, and demolition can create hazardous lead dust and chips by disturbing lead-based paint, which can be harmful to adults and children. As such, the EPA issued a issued a rule requiring the use of lead-safe practices and other actions aimed at preventing harmful effects from lead exposure.
After April 22, 2010, federal law requires Contractors who perform renovations, repairs, and painting jobs in pre-1978 housing and child-occupied facilities, to be certified and to use lead-safe work practices. To become certified, renovation contractors must submit an application and fee payment to EPA.
Renovation contractors must:
provide owners, tenants, and child-care facilities with a copy of EPA's lead hazard information pamphlet "Renovate Right".
document compliance with this requirement via the EPA’s pre-renovation disclosure form
The new smoke detector regulation goes into effect on April 5, 2010. The new regulation still requires photoelectric smoke detectors within 20 feet of a kitchen or full bath containing a shower. Areas located beyond 20 feet will now be required to contain dual detection by either a single unit or two separate units. This regulation applies to residential properties (up to 4 units) constructed prior to January 1975 that have not undergone major alteration covered by the State Building Code. It also contains a provision for low voltage household warning systems that may have been installed in these homes. A new Smoke and Carbon Detector flyer has been created, for you to provide to your seller. This form was okay'ed by the Pittsfield Fire Inspector.
Upgrades of Oil Tank Supply Line
New Regulation Effective July 1, 2010
Effective July 1, 2010, homeowners must upgrade their oil tank supply line to prevent undiscovered leaks. There are two manners of upgrade; an oil safety valve on the tank or a protective sleeve that encases the actual oil line from tank to burner. Since all homeowners (not just those transfering title) must comply with this new regulation, you'll start to see Home Inspectors identify this issue during their inspection and Fire Inspectors check when issuing a smoke/carbon certificate.
This regulation applies to 1-4 family homes heated with oil, unless the burner and entire supply line is located above the oil tank. Homeowners conforming with this new regulation will also be able to purchase insurance coverage for oil leaks (typically not covered), as mandated by the regulation. For more information, please see Mass DEP guidance
Lead Paint Renovation Rule Compliance
Guide Effective 4/22, 2010
After April 22, 2010, federal law requires Contractors who perform renovations, repairs, and painting jobs in pre-1978 housing and child-occupied facilities, to be certified and to use lead-safe work practices. To become certified, renovation contractors must submit an application and fee payment to
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Mass. Homeowner Oil Heating Upgrade Law Delayed
New Effective Date September 30, 2011 for oil tank supply line upgrade
The effective date of the new state Homeowner Oil Heating System Upgrade and Insurance Law (installation of an Oil line sleeve or oil safety valve) has been delayed until September 30, 2011. The new law, originally set to become effective July 1, 2010, has been delayed and will give homeowners fifteen additional months to comply.
In short, all homeowners must upgrade their oil tank supply line to prevent undiscovered leaks. There are two manners of upgrade; an oil safety valve on the tank or a protective sleeve that encases the actual oil line from tank to burner. Since all homeowners (not just those transfering title) must comply with this new regulation, you'll start to see Home Inspectors identify this issue during their inspection and Fire Inspectors check when issuing a smoke/carbon certificate. This regulation applies to 1-4 family homes heated with oil, unless the burner and entire supply line is located above the oil tank. Homeowners conforming with this new regulation will also be able to purchase insurance coverage for oil leaks (typically not covered), as mandated by the regulation. For more info click on http://www.mass.gov/dep/cleanup/laws/hhsl.htm
Berkshire County Board of Realtors® -
99 West Street, Suite 200 Pittsfield, MA 01201-5845 413-442-8049 Sandra
J. Carroll, Chief Executive Officer - Sue
O'Brien, Member Services Administrator- Stacy Buhl, Office Clerk
Calendar
Here are the latest developments in a host of environmental and potential legal issues. REALTORS® must not only understand the implications of nationally well-known environmental issues, such as lead paint, radon, electromagnetic fields, but also our region specific issues, such as the Scenic Mountain Act, Rivers Protection, Title V, and more. 
The new smoke detector regulation goes into effect on April 5, 2010. The new regulation still requires photoelectric smoke detectors within 20 feet of a kitchen or full bath containing a shower. Areas located beyond 20 feet will now be required to contain 