Painting an older house with lead paint: what the federal rule means for you
Updated · KeystoneProGuide editorial team
Why does the age of the house matter so much?
Because of a date. The federal government banned the sale of lead-based paint for homes in 1978, and the Environmental Protection Agency says about three-quarters of U.S. homes built before then still contain some. The risk lies in disturbing the old paint: scraping, sanding and cutting turn old paint into chips and dust, and the EPA says even a small amount of lead dust can harm a child.
The Centers for Disease Control and Prevention puts it more starkly: no safe blood lead level in children has been identified, and even low levels are associated with developmental delays, difficulty learning and behavioral problems, effects that can be permanent. Children under 6 are most exposed, because they put their hands and toys in their mouths. The CDC advises keeping children and pregnant women away from renovation work in older homes and from cleaning up paint debris afterwards.
Which painting jobs does the federal rule cover?
The EPA's Renovation, Repair and Painting Rule covers any paid work that disturbs paint in housing built before 1978, and it lists painting preparation among the covered activities. That reaches most real painting jobs in an older house: scraping and sanding trim, patching walls, preparing windows and doors, and stripping.
It does not cover:
- housing built in 1978 or later;
- parts of a home that a certified inspector or risk assessor has declared lead-free, or that a certified renovator has shown to be lead-free with an EPA-recognized test kit or laboratory sample;
- minor repair and maintenance that disturbs six square feet or less of paint per room inside, or 20 square feet or less outside.
The EPA's frequent questions close two gaps in that last exception. The six square feet counts all the work in a room over any 30-day period, so splitting a job into small visits does not escape it, and outdoors the 20 square feet is for the whole job. Window replacement and demolition of painted surfaces are covered whatever their size.
Two other answers in that list matter to homeowners. A vacant or temporarily unoccupied house is not exempt. And the rule applies only to work done for pay: friends or relatives who help for nothing are not covered, though the EPA notes their work can still create hazardous dust.
What if you do the painting yourself?
The rule generally does not apply to homeowners working on their own homes. It does apply if you rent out all or part of the home, run a child care center there, or buy, renovate and sell homes for profit. The EPA still recommends hiring a certified firm, and if you do the work yourself, it advises against trying to remove lead-based paint yourself at all. Doing it yourself or hiring sets out the EPA's steps for do-it-yourselfers.
What are you entitled to when you hire a painter?
Four things, under the federal rule.
- The pamphlet, before work starts. No more than 60 days before the job, the firm must give you the EPA's Renovate Right pamphlet and get your signed acknowledgment, which can be a separate sheet or part of the contract.
- A certified firm and renovator. The firm needs EPA certification and must assign a certified renovator to the job, and everyone disturbing paint must be certified or trained by that renovator.
- Lead-safe work. The EPA's work practice page sums it up as containment, a ban on practices such as open-flame burning and unshrouded power tools, and thorough cleanup followed by verification. What happens on the day walks through those steps.
- A record afterwards. With the final invoice, or within 30 days of finishing if that is sooner, the firm must give you information on how it complied, including any test results and a certification that signs were posted, the area contained, the waste contained and the cleaning verified. It must keep its own records for three years.
What about landlords and tenants?
If you rent a pre-1978 home, the EPA says your landlord or property manager must follow the rule when doing work that disturbs paint. The CDC adds that renters can ask the landlord to have the home inspected or to share recent inspection results.
In Philadelphia, landlords face a further layer: the city's Lead Paint Disclosure and Certification Law requires owners of pre-1978 rentals to test and certify them as lead-safe or lead-free before a new or renewed lease and before getting or renewing a rental license.
Does Pennsylvania add anything?
Advice that is stricter than the federal rule in one respect. The EPA allows heat guns below 1,100 degrees Fahrenheit. The Pennsylvania Department of Health says to never use a heat gun or torch to remove lead paint, because heating it releases lead into the air, and to avoid dry sanding and dry scraping. Its Lead Poisoning Information Line is 1-800-440-LEAD (5323).
The state also certifies lead abatement, which is different work: removing or enclosing lead paint to deal with it permanently. A painter certified under the federal rule is not, for that reason alone, an abatement contractor.
What questions does the rule leave to you?
Whether to test first, and whether a repaint is the right answer at all. A paint job in an older home controls dust while it is being done; it does not make the old paint go away. The cost guide shows what lead-related work adds, and suspected violations can be reported to the National Lead Information Center on 1-800-424-5323. Certified painters are among those listed on the painters directory page.
Sources
- About Childhood Lead Poisoning Prevention, Centers for Disease Control and Prevention
- About Lead in Paint, Centers for Disease Control and Prevention
- Lead Renovation, Repair and Painting Program, U.S. Environmental Protection Agency
- Renovation, Repair and Painting Program: Contractors, U.S. Environmental Protection Agency
- Frequent Questions About Renovations Covered by the RRP Rule, U.S. Environmental Protection Agency
- Reduce the Risk of Lead Exposure at Home, U.S. Environmental Protection Agency
- 40 CFR 745.84 -- Information distribution requirements., Electronic Code of Federal Regulations
- 40 CFR 745.86 -- Recordkeeping and reporting requirements., Electronic Code of Federal Regulations
- Renovation, Repair and Painting Program: Work Practices, U.S. Environmental Protection Agency
- Lead Poisoning Frequently Asked Questions, Pennsylvania Department of Health
- Lead paint laws and regulations, City of Philadelphia