Understanding Lead-Containing Paint: Legal Definitions and Implications

Definition & Meaning

Lead-containing paint refers to any paint or similar surface coating that has lead or lead compounds in a concentration greater than 0.06 percent of the total nonvolatile content by weight or the weight of the dried paint film. This definition is important for identifying hazardous materials, especially in homes built before 1978, when lead-based paints were commonly used.

Table of content

Real-world examples

Here are a couple of examples of abatement:

For instance, a homeowner planning to renovate a house built in 1960 must test for lead-containing paint before starting work. If found, they must follow specific regulations for safe removal to protect their family and workers.

(hypothetical example) A landlord may face legal penalties if they fail to disclose the presence of lead-containing paint to tenants, especially if a child is affected by lead poisoning.

State-by-state differences

State Regulations
California Strict regulations on lead disclosure and remediation.
New York Mandatory lead testing in rental properties built before 1978.
Texas Less stringent than California, but still requires disclosure.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term Definition
Lead-Based Paint Paint containing lead at levels above 0.5 percent.
Lead Hazard Any condition that can lead to exposure to lead, including lead dust.
Lead Poisoning Health effects resulting from lead exposure, particularly in children.

What to do if this term applies to you

If you suspect the presence of lead-containing paint in your home or property, consider taking the following steps:

  • Get your property tested for lead by a certified professional.
  • If lead is found, follow local regulations for safe removal or remediation.
  • Consult US Legal Forms for templates related to lead disclosure and remediation agreements.
  • If the situation is complex, seek advice from a qualified attorney.

Quick facts

  • Typical lead concentration threshold: 0.06 percent
  • Commonly regulated in homes built before 1978
  • Potential penalties for non-compliance: fines, legal action

Key takeaways

Frequently asked questions

Consult a professional for testing and follow local regulations for safe removal.