Lead Paint on a Pre-1978 House? What the EPA Requires Before You Scrape

Author: Grit Insurance Group
Published: April 2026

You get hired to scrape and repaint the exterior trim on a 1965 colonial. There are kids living in the house. You set up your ladders, grab a scraper, and start pulling paint. What you may not know is that the EPA has a federal regulation that says you cannot do that job without certification, specific containment procedures, and documented cleanup - and the fine for ignoring it can hit $49,772 per violation, per day.

That is not a typo. That is the current penalty under the Toxic Substances Control Act, adjusted for inflation as of January 2025 (40 CFR Part 19). And every single day you are out of compliance counts as a separate violation.

This article walks through exactly what you need to know as a painting contractor working on older homes. The rule. The certification. The work practices. The fines. And the insurance gap that could leave you exposed even if you do everything right.

Why This Rule Exists - and Why It Matters

Lead-based paint was banned for residential use in 1978. But the paint did not disappear from the walls. According to the EPA's National Survey, approximately 87% of homes built before 1940 contain lead-based paint, 69% of homes built between 1940 and 1960, and 24% of homes built between 1960 and 1978 (EPA/HUD data). The Department of Housing and Urban Development estimates that roughly 35% of all U.S. homes - tens of millions of structures - still contain some lead-based paint (U.S. GAO).

When you scrape, sand, cut, or demolish painted surfaces in these homes, you create lead dust. That dust is invisible at dangerous levels. A child can inhale it or ingest it from contaminated surfaces. The health effects are severe and often permanent: brain damage, learning disabilities, behavioral problems, reduced IQ, seizures. The CDC has stated there is no safe blood lead level in children. Lead poisoning in children is irreversible - chelation therapy can reduce blood lead levels, but it cannot undo the neurological damage already done.

This is why the EPA created the Renovation, Repair, and Painting Rule. It is not optional. It is not a suggestion. And the EPA actively enforces it.

The EPA RRP Rule - What It Is and When It Applies

The RRP Rule is codified at 40 CFR Part 745, Subpart E. It became fully effective on April 22, 2010. Here is when it applies to you as a painting contractor:

• The building was constructed before 1978
• The building is a residence (including apartments and rentals) or a child-occupied facility (daycares, preschools, schools for children under six)
• You are being paid to do the work (homeowners working on their own home are exempt)
• Your work disturbs more than 6 square feet of interior painted surface per room or more than 20 square feet of exterior painted surface

Window replacement and demolition of painted surfaces trigger the rule regardless of the square footage disturbed (EPA RRP Program Rules).

Think about what a typical exterior repaint involves. You are scraping soffits, fascia, window trim, siding, maybe porch railings. On a pre-1978 house, you will blow past that 20-square-foot threshold in the first hour. The rule applies to virtually every repaint job on an older home.

The Exceptions Are Narrow

The RRP Rule does not apply if:

• The home was built in 1978 or later
• A certified inspector or risk assessor has determined the components are free of lead-based paint
• A certified renovator has tested with an EPA-recognized test kit and confirmed no lead is present on the surfaces being disturbed
• The work qualifies as "minor repair and maintenance" - under 6 square feet interior or 20 square feet exterior, with no window replacement or demolition
• The homeowner is doing the work on their own home (not rentals, not flips)

If you are not sure whether lead paint is present, the rule says you must assume it is and follow lead-safe work practices - unless you test first using an EPA-recognized test kit (EPA Work Practices).

What Certification Looks Like

There are two layers of certification required under the RRP Rule. Both must be in place before you start work (EPA Renovator Training).

1. Individual Certification (Certified Renovator)

• Complete an 8-hour EPA-accredited training course that includes at least 2 hours of hands-on learning
• Pass a 25-question exam with a score of 70% or higher
• Your course completion certificate serves as your certification credential
• Certification is valid for 5 years
• Refresher training is required before expiration - either a 4-hour hands-on refresher (good for 5 more years) or an online refresher (good for 3 years, and you cannot do online-only two cycles in a row)
• If your certification expires, you must retake the full 8-hour course

At least one certified renovator must be assigned to every RRP-covered job. Other workers on the job must either be certified renovators themselves or be trained on the job by the certified renovator.

2. Firm Certification

• Your company (including sole proprietorships) must apply to the EPA for firm certification
• The application fee is $300, valid for 5 years
• Apply online through the EPA's Lead-Based Paint Program
• If your firm information changes (name, address, contact), you must amend your certification within 90 days or you lose authorization to perform renovations

Important for multi-state painters: Fifteen states currently run their own RRP certification programs instead of the federal program - Alabama, Delaware, Georgia, Iowa, Kansas, Massachusetts, Mississippi, North Carolina, Oklahoma, Oregon, Rhode Island, Utah, Vermont, Washington, and Wisconsin. If you work in one of these states, you need that state's certification. If you work across state lines, you may need both EPA certification and state certification (EPA Firm Certification).

The Required Work Practices - Step by Step

Once you are certified, you must follow specific lead-safe work practices on every covered job. These are not guidelines. They are requirements, and the EPA checks for them during inspections (EPA Work Practices).

Before the Work Starts

• Provide the "Renovate Right" pamphlet to the property owner and occupants before work begins. Document that you delivered it. This is a separate violation if skipped.
• Test for lead using an EPA-recognized test kit (3M LeadCheck, D-Lead, or Massachusetts test kit), or have a certified inspector test with an XRF analyzer. If lead is found - or if you skip testing - assume lead is present and follow all lead-safe work practices.
• Post warning signs at the entrances to the work area. Signs must be clearly readable from 20 feet away.

During the Work

• Contain the work area. Use plastic sheeting on floors, cover furniture that cannot be moved, and seal doors and HVAC vents. For exterior work, cover the ground extending at least 10 feet from the building and, in some cases, use vertical containment.
• Prohibited practices: No open-flame burning of lead paint. No power tools without HEPA exhaust control. No heat guns above 1,100 degrees Fahrenheit. No dry scraping of large areas without containment.
• Minimize dust. Mist surfaces before scraping. Use HEPA-equipped sanders and grinders. Keep the area wet where practical.

After the Work

• Clean thoroughly. Pick up all visible chips and debris. HEPA vacuum all surfaces in the work area. Wet-wipe all surfaces.
• Cleaning verification. The certified renovator must wipe surfaces with a disposable cloth and compare it to an EPA-provided cleaning verification card. If the cloth does not pass, clean again and repeat.
• Waste disposal. All waste from lead paint removal is potentially hazardous. Bag it in heavy-duty plastic. Check state and local disposal requirements - some jurisdictions classify lead paint waste as hazardous waste requiring special handling.
• Keep records for 3 years. Documentation must include certifications, test results, the signed "Renovate Right" acknowledgment, a description of work practices used, and cleaning verification results.

What Happens If You Get Caught

The EPA enforces the RRP Rule through inspections, tips, and complaints. They issue Notices of Inspection, review your documentation, and can show up on active job sites. Here is what is at stake:

Civil penalties: Up to $49,772 per violation, per day under the Toxic Substances Control Act as of January 2025 (Federal Register, Jan. 8, 2025). Each missing requirement - no firm certification, no pamphlet delivered, no containment, no cleaning verification - can each be a separate violation. Each day counts separately.

Criminal penalties: Knowing violations can result in fines up to $50,000 per day, imprisonment for up to one year, or both (CSD Attorneys at Law).

These are not theoretical numbers. The EPA has levied real fines against real contractors:

• Home Depot paid $20.75 million in 2021 for alleged RRP violations across its contractor network (EPA Enforcement Alert).
• Lowe's Home Centers paid $12.5 million for failing to ensure its hired contractors were EPA-certified when working on pre-1978 homes (U.S. Department of Justice).
• Logan Square Aluminum Supply in Chicago was ordered to perform $2 million in lead abatement work after conducting renovations in over 40 homes without following lead-safe practices (LeadCheck).
• In fiscal year 2016 alone, the EPA completed over 100 federal enforcement actions against renovation contractors and landlords, with proposed penalties reaching up to $197,743 per case (EPA FY2016 Enforcement).

A small painting company doing $300,000 a year in revenue can be put out of business by a single enforcement action. The $300 firm certification fee and 8-hour training course look like a bargain compared to a five-figure fine.

The Insurance Gap Most Painters Don't Know About

Here is the part that catches contractors off guard. You carry general liability insurance. You assume that if something goes wrong on a job - a child gets lead poisoning, a homeowner sues - your GL policy will cover it.

It probably will not.

Almost all standard commercial general liability policies contain what is called a pollution exclusion. This exclusion removes coverage for claims arising from "pollutants," and lead-based paint dust qualifies as a pollutant under most policy definitions. Courts in multiple states have upheld this exclusion when applied to lead paint claims (IRMI - Pollution Exclusion and Lead Paint).

According to HUD's guidance on lead-based paint liability insurance, "lead is typically excluded in standard Commercial General Liability (CGL) coverage" because of the pollution exclusion (HUD Appendix 9).

What does this mean in practice? If you scrape lead paint off a house and a child in the home develops lead poisoning, you could face:

• A personal injury lawsuit with damages potentially in the hundreds of thousands or millions
• EPA fines stacking up daily
• Your GL insurer denying the claim based on the pollution exclusion
• All of that exposure landing on you personally

What You Actually Need: Contractors Pollution Liability

To close this gap, painting contractors working on pre-1978 homes need a Contractors Pollution Liability (CPL) policy. This is a separate policy designed to cover bodily injury and property damage claims resulting from the release of pollutants - including lead and lead-based paint - during your work.

CPL policies typically cost between $1,800 and $5,000 per year, depending on your operations, revenue, and claims history. Most carry a $5,000 deductible. This coverage fills the exact gap that the GL pollution exclusion creates (Green Building Advisor).

If you are a painting contractor doing exterior repaints on older homes and you do not have CPL coverage, you have a hole in your insurance program. Talk to your agent about it. If your agent does not know what CPL is or how to place it, that is a sign you need a different agent.

At Grit Insurance Group, we work with painting contractors across the country on exactly this kind of coverage gap. We understand the work you do, the regulations you face, and where your standard GL policy falls short.

The Bottom Line for Painting Contractors

If you paint houses built before 1978 - and statistically, a huge portion of the housing stock in the U.S. qualifies - here is your checklist:

1. Get your firm EPA-certified. $300 for 5 years. Apply online at EPA.gov.
2. Get at least one person on your team certified as a renovator. 8-hour course. Keep the certification current.
3. Follow the work practices on every job. Pamphlet, containment, prohibited practices, cleanup, verification, records.
4. Test before you scrape. An EPA-recognized test kit costs a few dollars. A fine costs tens of thousands.
5. Talk to your insurance agent about pollution liability coverage. Your GL policy almost certainly excludes lead claims. A CPL policy fills that gap.
6. Keep your records for three years. If the EPA comes knocking, documentation is your defense.

The RRP Rule is not new. It has been in effect since 2010. But the EPA has been stepping up enforcement, and the fines have increased with inflation. The days of painting pre-1978 homes without certification and hoping nobody notices are over.

Frequently Asked Questions

Do I need EPA RRP certification to paint a house built before 1978?

Yes. If you are paid to do any renovation, repair, or painting work that disturbs painted surfaces in a pre-1978 home or child-occupied facility, your firm must be EPA-certified and at least one certified renovator must be assigned to the job. The only exceptions are if the work disturbs less than 6 square feet of interior paint per room or less than 20 square feet of exterior paint, and does not involve window replacement or demolition.

How much are fines for violating the EPA RRP Rule?

As of January 2025, civil penalties under the Toxic Substances Control Act can reach $49,772 per violation, per day. Each day of noncompliance counts as a separate violation. Criminal penalties for knowing violations can include fines up to $50,000 per day, imprisonment up to one year, or both.

Does my general liability insurance cover lead paint claims?

Most standard commercial general liability policies contain a pollution exclusion that specifically excludes claims arising from lead-based paint exposure. Lead is classified as a pollutant under these policies. To get coverage for lead-related claims, you typically need a separate Contractors Pollution Liability (CPL) policy, which usually costs between $1,800 and $5,000 per year.

How do I get EPA RRP certified as a painting contractor?

There are two certifications required. First, you as an individual must complete an 8-hour EPA-accredited training course that includes hands-on learning and pass a 25-question exam. This certification is valid for 5 years. Second, your firm must submit a certification application and $300 fee to the EPA, which is also valid for 5 years. Some states run their own RRP programs with additional requirements.

What work practices does the EPA RRP Rule require?

The RRP Rule requires contractors to contain the work area with plastic sheeting and tape, post warning signs, prohibit open-flame burning and power tools without HEPA exhaust control, keep heat guns below 1,100 degrees Fahrenheit, perform thorough cleanup using HEPA vacuums and wet wiping, and complete a cleaning verification procedure using EPA-provided comparison cards. All records must be retained for at least three years.

Need to Talk About Your Coverage?

If you are a painting contractor working on pre-1978 homes and you are not sure whether your insurance covers lead-related claims, call us. We will review your GL policy, check for pollution exclusions, and make sure you have the right coverage for the work you actually do.

Call the Grit team: (801) 505-5500

Or check your contractor readiness with our Bond Scorecard - a quick self-assessment that shows where your bonding and insurance program stands.

More on contractor insurance: gritinsurance.com/trade-contractor-insurance
More on surety bonding: gritinsurance.com/bonds-surety

Grit Insurance Group is an independent national brokerage specializing in contractor insurance and surety bonding. We work with painting contractors, general contractors, and specialty trades across all 50 states. Coverage details, regulatory requirements, and fine amounts referenced in this article should be verified with a licensed professional before making coverage or compliance decisions. EPA fine amounts are subject to annual inflation adjustments.