12. a. Notwithstanding any other provisions of this act, a dwelling unit shall not be subject to inspection and evaluation or subject to any fees for the presence of lead-based paint hazards if the unit:
(1) has been certified to be free of lead-based paint;
(2) was constructed during or after 1978;
(3) is a seasonal rental unit which is rented for less than six months' duration each year;
(4) has been certified as having a lead-free interior by a certified inspector; or
(5) is occupied by the owner of the dwelling unit.
b. In a common interest community, any inspection fee charged shall be the responsibility of the unit owner and not the homeowners' association unless the association is the owner of the unit.