Debunking the Myths about Lead Based Paint

Direct link: https://www.businessobserverfl.com/news/2025/may/09/debunking-the-myths-about-lead-based-paint/

Although many people are aware of the potential hazards of lead-based paint, there is a lot of confusion on the topic. This article addresses several myths surrounding lead-based paint.

Myth #1: All homes built prior to 1978 contain lead-based paint.

False. According to a study performed by the EPA, lead based paint is found in 87% of homes constructed prior to 1940, 69% of homes constructed between 1940 and 1960, and only 24% of homes constructed between 1960 and 1978.

Myth #2: Lead-based paint is only a concern for residential properties.

False. Although lead-based paint disclosure requirements apply only to residential properties, a prospective buyer of commercial property built prior to 1978 should also consider obtaining a lead-based paint inspection.

In particular, certain commercial properties fitting the definition of a “child-occupied facility” are subject to the Renovation, Repair, and Painting (RRP) Rule, which requires contractors who disturb lead-based paint in pre-1978 buildings to follow specific lead safe work practices. Examples of a “child-occupied facility” includes pre-schools, daycares, hospitals, or similar facilities. Contractors performing work on these facilities may require a lead-based paint inspection prior to performing work.

Myth #3: The RRP Rule does not apply if I perform renovation work myself.

False. The RRP Rule applies to renovations performed “for compensation.” Individuals who buy, renovate and sell a pre-1978 residential property for a profit (i.e., house flippers) or lease pre1978 residential properties (i.e., landlords), and do the renovation work themselves, are performing renovations “for compensation” and are therefore subject to all requirements under the RRP Rule.

A person who knowingly violates the RRP Rule is subject to criminal penalties.

Myth #4: Realtors and property managers don’t need to worry about lead-based paint disclosures.

False. Under Federal law, real estate agents (except those compensated only by the buyer) are required to “ensure compliance” with the residential lead-based paint disclosure requirements. However, an agent who informs a seller or landlord of the disclosure obligations is not liable for items not disclosed to the agent.

Prior to March 2022, the EPA took the position that property management companies were exempt from the RRP Rule if none of its employees performed the renovation. However, on March 21, 2022, the EPA withdrew its guidance on this issue and now requires property management companies to obtain certification and meet lead-safe workplace requirements.