Lead Laws and Regulations
Laws and regulations have been enacted to prevent lead exposures to home occupants, neighbors and workers. In general, it’s good to:
- Assume that paint on a home built before 1978 is lead based.
- Maintain your property and keep the paint intact.
- Use lead-safe work practices including proper containment if you are painting or remodeling.
- Disclose lead hazards and provide the pamphlet Protect Your Family From Lead in Your Home (epa.gov) to potential tenants and buyers.
- Visit California Lead Laws and Regulations to learn more: CA Childhood Lead Poisoning Prevention Statutes and Regulations.
Click on the titles listed below to learn more about regulations that may apply to your situation.
- Contractor / Painter / Maintenance worker
- Owner / Occupant / Homeowner / TENANT Conducting home improvements
- Rental Property Owner Conducting repairs
- Property Managers Conducting repairs
- Medical Provider
- Consumer
California Health & Safety Code, and Housing Law
Title X, TSCA 406(b)The Lead-Based Paint Pre-Renovation Regulation: Does It Apply to You? | US EPA
The Lead Disclosure Rule | HUD.gov / U.S. Department of Housing and Urban Development (HUD)
California Health and Safety Code, and State Housing Law
State codes and laws now make existing lead hazards, or creating a lead hazard, a violation subject to fines and/or imprisonment. This means that pre-1978 homes should be maintained so that they are lead-safe, with the paint intact. It also means that if you are conducting activities that disturb painted surfaces on a pre-1978 building, you must take steps to contain the paint chips and dust. There are also some prohibited renovation activities. CA Childhood Lead Poisoning Prevention Statutes and Regulations
Assembly Bill 2861 increased the penalty for failing to cease an activity that creates a lead hazard after receiving an order of violation.
California Labor Code Sections 6716 to 6717 provides for the establishment of standards that protect the health and safety of employees who engage in lead-related construction work, including construction, demolition, renovation, and repair. Lead-Related Activities in Construction Work
California Code of Regulations, Title 8, Chapter 4, Section 1532.1. Lead Construction Safety Orders. Worker protection requirements for employees conducting lead-related construction activities.
- Cal/OSHA Construction Safety Orders, Lead Section 1532.1, last amended May 6, 2014, Title 8 California Code of Regulations
- Cal/OSHA General Industry Safety Orders, Lead Section 5198, last amended November 6, 2013 Title 8.
California Code of Regulations, Title 17, Chapter 8, Section 35001 et seq. Requirements for lead hazard evaluation and abatement activities, accreditation of training providers, and certification of individuals engaged in lead-based paint activities. Accreditation, Certification and Work Practices for Lead-Based Paint and Lead Hazards
Lead Based Paint Debris disposal. California EPA requires that presumed (pre-1978) lead-based paint chips and dust be disposed of as hazardous waste.
Hazardous Waste - Recology Humboldt County: Eureka
The EPA Lead Renovation, Repair and Painting Rule requires, with some exceptions, that anyone who is conducting work for compensation that disturbs painted surfaces in pre-1978 housing to become an EPA Certified Renovator with training in lead-safety to contain paint chips and dust, work lead-safe, and clean-up all work areas. Companies must be certified by the EPA as well. For additional information, visit epa.gov/getleadsafe. Click here to watch a video.
Rental property owners doing work on their properties or with maintenance crews may also need to be RRP-certified. Property managers can also be subject to the RRP Rule. Find out more at epa.gov/lead/renovation-repair-and-painting-program-property-managers
The Lead Disclosure Rule | HUD.gov / U.S. Department of Housing and Urban Development (HUD) California Health and Safety Code, and State Housing Law Assembly Bill 2861 increased the penalty for failing to cease an activity that creates a lead hazard after receiving an order of violation. California Code of Regulations, Title 17, Chapter 8, Section 35001 et seq. Requirements for lead hazard evaluation and abatement activities, accreditation of training providers, and certification of individuals engaged in lead-based paint activities. Accreditation, Certification and Work Practices for Lead-Based Paint and Lead Hazards.
Cal/OSHA General Industry Safety Orders, Lead Section 5198, last amended November 6, 2013 Title 8
The EPA Lead Renovation, Repair and Painting Rule requires, with some exceptions, that anyone who is conducting work for compensation that disturbs painted surfaces in pre-1978 housing to become an EPA Certified Renovator with training in lead-safety to contain paint chips and dust, work lead-safe, and clean-up all work areas. Companies must be certified by the EPA as well. For additional information, visit: epa.gov/getleadsafe. Click here to watch a video. |
The Lead Disclosure Rule | HUD.gov / U.S. Department of Housing and Urban Development (HUD)
California Health and Safety Code, and State Housing Law
State codes and laws now make existing lead hazards, or creating a lead hazard, a violation subject to fines and/or imprisonment. This means that pre-1978 homes should be maintained so that they are lead-safe, with the paint intact. It also means that if you are conducting activities that disturb painted surfaces on a pre-1978 building, you must take steps to contain the paint chips and dust. There are also some prohibited renovation activities. CA Childhood Lead Poisoning Prevention Statutes and Regulations
Assembly Bill 2861 increased the penalty for failing to cease an activity that creates a lead hazard after receiving an order of violation.
California Code of Regulations, Title 17, Chapter 8, Section 35001 et seq. Requirements for lead hazard evaluation and abatement activities, accreditation of training providers, and certification of individuals engaged in lead-based paint activities. Accreditation, Certification and Work Practices for Lead-Based Paint and Lead Hazards
Cal/OSHA (with hired workers)
Cal/OSHA General Industry Safety Orders, Lead Section 5198, last amended November 6, 2013 Title 8
Lead Based Paint Debris disposal. California EPA requires that presumed (pre-1978) lead-based paint chips and dust be disposed of as hazardous waste.
Hazardous Waste - Recology Humboldt County: Eureka
The EPA Lead Renovation, Repair and Painting Rule requires, with some exceptions, that anyone who is conducting work for compensation that disturbs painted surfaces in pre-1978 housing to become an EPA Certified Renovator with training in lead-safety to contain paint chips and dust, work lead-safe, and clean-up all work areas. Companies must be certified by the EPA as well. For additional information, visit: http://www.epa.gov/getleadsafe. Click here to watch a video about how to become certified.
Rental property owners doing work on their properties or with maintenance crews may also need to be RRP-certified. Property managers can also be subject to the RRP Rule. Find out more at: https://www.epa.gov/lead/renovation-repair-and-painting-program-property-managers.
If you participate in a local housing authority Section 8 housing choice voucher program (or other Federally Assisted property), especially if your tenant has a child under six years old, the Title X Section 1012/1013 Lead Safe Housing Rule may apply to you. Under this rule you are required to fix peeling paint using lead-safe work practices in a pre-1978 building. For more information: https://www.hud.gov/program_offices/healthy_homes/enforcement/lshr_summary
The Lead Disclosure Rule | HUD.gov / U.S. Department of Housing and Urban Development (HUD)
California Health and Safety Code, and State Housing Law
State codes and laws now make existing lead hazards, or creating a lead hazard, a violation subject to fines and/or imprisonment. This means that pre-1978 homes should be maintained so that they are lead-safe, with the paint intact. It also means that if you are conducting activities that disturb painted surfaces on a pre-1978 building, you must take steps to contain the paint chips and dust. There are also some prohibited renovation activities. Alameda County Lead Poisoning Prevention Program offers classes in lead-safe work practices for property owners and lead-safe work practices for contractors.
Assembly Bill 2861 increased the penalty for failing to cease an activity that creates a lead hazard after receiving an order of violation.
California Code of Regulations, Title 17, Chapter 8, Section 35001 et seq. Requirements for lead hazard evaluation and abatement activities, accreditation of training providers, and certification of individuals engaged in lead-based paint activities. Accreditation, Certification and Work Practices for Lead-Based Paint and Lead Hazards.
Cal/OSHA General Industry Safety Orders, Lead Section 5198, last amended November 6, 2013 Title 8
Lead Based Paint Debris disposal. California EPA requires that presumed (pre-1978) lead-based paint chips and dust be disposed of as hazardous waste.
Hazardous Waste - Recology Humboldt County: Eureka
The EPA Lead Renovation, Repair and Painting Rule requires, with some exceptions, that anyone who is conducting work for compensation that disturbs painted surfaces in pre-1978 housing to become an EPA Certified Renovator with training in lead-safety to contain paint chips and dust, work lead-safe, and clean-up all work areas. Companies must be certified by the EPA as well. For additional information, visit: http://www.epa.gov/getleadsafe. Click here to watch a video about how to become certified.
Rental property owners doing work on their properties or with maintenance crews may also need to be RRP-certified. Property managers can also be subject to the RRP Rule. Find out more at: epa.gov/lead/renovation-repair-and-painting-program-property-managers
If you participate in a local housing authority Section 8 housing choice voucher program, (or other Federally Assisted property) especially if your tenant has a child under six years old, the Title X Section 1012/1013 Lead Safe Housing Rule may apply to you. Under this rule you are required to fix peeling paint using lead-safe work practices in a pre-1978 building. For more information: hud.gov/program_offices/healthy_homes/enforcement/lshr_summary
Childhood Lead Poisoning Prevention Act: California Health and Safety Code 105275 to 105310
Lead Exposure Screening
State regulations outline health care providers responsibilities for screening children for lead. For more information: California Department of Health Services - Standard of Care on Screening for Childhood Lead Poisoning (2019).
The law requires blood lead screening for children covered by health insurance. For more information: Health & Safety Code 1367.3 to 1374.35
Clinics receiving federal assistance are required to screen children for lead. For more information: https://www.cdph.ca.gov/Programs/CCDPHP/DEODC/CLPPB/Pages/screen_regs.aspx
The California Health and Safety Code mandates medical laboratories to report cases of children with elevated blood lead levels to the California Department of Health Services. Since passage of SB 460 medical laboratories are required to report all blood lead levels. This information is confidential and protected under HIPAA laws. For more information: Health and Safety Code Section 124125-124165.
California Health and Safety Code, and State Housing Law
State codes and laws now make existing lead hazards, or creating a lead hazard, a violation subject to fines and/or imprisonment. This means that pre-1978 homes should be maintained so that they are lead-safe, with the paint intact. It also means that if you are conducting activities that disturb painted surfaces on a pre-1978 building, you must take steps to contain the paint chips and dust. There are also some prohibited renovation activities. CA Childhood Lead Poisoning Prevention Statutes and Regulations
Assembly Bill 2861 increased the penalty for failing to cease an activity that creates a lead hazard after receiving an order of violation.
California Code of Regulations, Title 17, Chapter 9, Sections 37000 to 37100. Specifies a standard of care for health care providers, regarding screening and assessing for childhood lead poisoning. It includes anticipatory guidance, risk assessment, and blood lead testing for children at risk for lead poisoning. Screening for Childhood Lead Poisoning Regulations
This law prohibits the manufacture, sale or exchange of toys with lead content in excess of the amount permitted by federal regulations. Health & Safety Code 108550 to 108580
The Consumer Product Safety Commission issues recalls when products pose a lead hazard particularly to young children. Recalls, filtered for lead can be found here: Recalls | CPSC.gov