Before You Disturb the Paint: Lead-Safe Work Rules for Pre-1978 Units

If your property was built before 1978, disturbing painted surfaces, even for routine repairs, can trigger strict federal and state lead safety rules. Under both the EPA Renovation, Repair, and Painting (RRP) Rule and California Health and Safety Code §17920.10, landlords must take specific steps to protect tenants from potential lead exposure and avoid hefty penalties.

Whether you’re replacing a window frame or sanding a damaged wall, here’s what you need to know before you disturb the paint.

Why Pre-1978 Properties Are Regulated

Lead-based paint was banned for residential use in 1978. Any property built before then is presumed to contain lead-based paint, even if it has been repainted multiple times. Disturbing layers of old paint can release lead dust, a serious health hazard, especially for children and pregnant women.

When the Rules Apply

You must comply with lead-safe work rules if you disturb painted surfaces in a pre-1978 building during:

• Repairs

• Renovations

• Maintenance work

Please note: The rules apply when work is performed in an occupied unit or the exterior of an occupied building.

The Federal EPA RRP Rule applies when the work disturbs:

• More than 6 sq. ft. per room of interior painted surface

• More than 20 sq. ft. of exterior painted surface

California Health and Safety Code §17920.10 adds:

• Any area with 3 sq. ft. or more of deteriorated paint inside a room is considered hazardous

Please note: Simply repainting over intact surfaces does not trigger the rule. Scraping, sanding, cutting, or drilling through painted surfaces does.

Tenant Notification Is Required

Before starting qualifying work in an occupied unit:

1. Provide the EPA's "Renovate Right" booklet to the tenant

2. Document delivery (get a signed acknowledgment or proof of mailing/delivery)

3. Use a lead-certified contractor or be certified yourself if doing the work

Penalties for Noncompliance

• Federal penalties can reach $37,500 per day, per violation

• State violations may carry additional fines

Best Practices for Compliance

• Assume all pre-1978 paint is lead-based unless certified otherwise

• Use lead-safe work practices (e.g., containment, HEPA vacuuming, protective gear)

• Notify tenants properly and keep documentation

• Use only certified contractors for qualifying work

• Maintain clear repair logs showing the scope and method of work

Resources for BPOA Members

• The Lead-Safe Guide to Renovate Right

If you have questions about lead safety compliance, contact BPOA staff. We're here to help you avoid violations and protect your residents.