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.
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 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:
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 RRP Rule does not apply if:
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).
There are two layers of certification required under the RRP Rule. Both must be in place before you start work (EPA Renovator Training).
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.
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).
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).
General liability, workers comp, commercial auto, equipment - we package the whole program for contractors. Apply in about 10 minutes and we will get to work.
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:
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.
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:
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.
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:
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.
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.
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.
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.
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.
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.
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
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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.