Lead-Safe Repairs in Pre-1978 Rentals: What Owners Must Do
Reviewed by Brendan McKee, Managing Broker, DRE #01882732, on October 20, 2026.
If your rental is federal "target housing" (housing built before 1978, excluding 0-bedroom units and housing for the elderly or disabled unless a child under 6 lives there), repair or painting work done for compensation that disturbs painted surfaces is covered by the federal EPA Renovation, Repair and Painting (RRP) rule (40 CFR part 745, subpart E) unless it is minor or the paint has tested lead-free, and covered jobs must be done by EPA-certified firms using certified renovators. EPA guidance treats a landlord doing their own renovation in a pre-1978 rental as covered. California adds its own requirement on July 1, 2027, when firms paid to do this work must also hold a California certificate (Health and Safety Code § 105254(b)).
The short version
- The RRP rule applies to renovations for compensation in pre-1978 "target housing" (40 CFR § 745.82).
- Minor repair is 6 square feet or less of painted surface per room inside, or 20 square feet or less outside, with no window replacement, demolition or prohibited practice (§ 745.83).
- Before work starts, the firm gives the Renovate Right pamphlet to the owner and to an adult occupant of a rented unit (§ 745.84).
- If you do the work yourself, EPA guidance says you need firm and renovator certification; if you hire a certified firm, you do not.
- From July 1, 2027, a firm and at least one on-site employee doing paid work that disturbs lead-based or presumed lead-based paint need a California certificate.
- Separately, lead hazards can make a unit substandard under California law (H&S § 17920.10).
Does the RRP rule cover this job?
The rule applies to "renovation," which § 745.83 defines as modifying an existing structure in a way that disturbs painted surfaces. It includes window repair, surface preparation such as sanding or scraping, removing building components such as walls, ceilings, plumbing or windows, and weatherization. It does not include minor repair and maintenance.
| Situation | Covered by RRP? |
|---|---|
| Disturbing more than 6 sq ft of painted surface in one room (interior) | Yes |
| Disturbing more than 20 sq ft of painted surface outside | Yes |
| Any window replacement, or demolition of painted surface | Yes, whatever the size |
| Smaller jobs that use a prohibited practice | Yes |
| Small jobs in the same room within 30 days | Counted together as one job (except emergencies) |
| Components shown lead-free by a certified inspector or risk assessor, an EPA-recognized test kit used by a certified renovator, or a recognized lab | No, for those components |
| Turnover painting with no surface preparation that disturbs paint (EPA guidance) | No |
| A tenant paints with landlord-supplied materials and receives no money, rent credit or other pay (EPA guidance) | No |
When you remove a painted component, the whole surface area removed counts as paint disturbed. The thresholds are per room for interior work, not per component.
Some practices are prohibited on any renovation: open-flame burning or torching of painted surfaces; high-speed sanding, grinding, power planing, needle gun, abrasive blasting or sandblasting unless shrouded with a HEPA vacuum attachment; and heat guns at or above 1,100 degrees Fahrenheit (§ 745.85(a)(3)).
Emergency renovations, meaning unplanned work after a sudden, unexpected event such as a non-routine equipment failure, are exempt from the pamphlet rule and, as needed, from signs, containment, waste handling, training and certification. They are not exempt from cleaning, cleaning verification and recordkeeping (§ 745.82(b)). See emergency repairs.
Who must be certified
Covered renovations must be done by certified firms using certified renovators (§ 745.85(a)). A firm applies to EPA electronically and recertifies every 5 years. A renovator completes an accredited course, with a refresher within 5 years; an online-only refresher certifies for 3 years (§ 745.90).
How EPA guidance applies this to landlords:
| Who does the work | What you need |
|---|---|
| You, the landlord | Firm certification and renovator certification |
| Your employee | Firm certification for you; the employee must be a certified renovator |
| A renovation firm you hire | Nothing for you; the firm must be a Lead-Safe Certified Firm using a certified renovator |
This comes from EPA's landlord FAQ as posted on EPA's January 2021 archive site, which EPA says is no longer updated. Firms working in California use EPA certification today; California adds its own firm certificate from July 1, 2027. Ask any contractor for the firm's EPA certification before work begins, and see hiring licensed contractors for state license rules.
Steps before and after a covered job
The pamphlet and record duties belong to the renovation firm. If you are the firm, they are yours.
- Owner pamphlet. No more than 60 days before work begins, give the owner Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools and get a written acknowledgment, or a certificate of mailing at least 7 days before the work (§ 745.84(a)(1)).
- Tenant pamphlet. In a rental the owner does not occupy, also give the pamphlet to an adult occupant and get a written acknowledgment, certify in writing that it was delivered but no acknowledgment could be obtained, or get a certificate of mailing at least 7 days before (§ 745.84(a)(2)).
- Language. For non-owner-occupied target housing, the acknowledgment must be in the same language as the lease or rental agreement or the pamphlet (§ 745.84(d)(3)).
- Common areas. In multiunit buildings, give the owner the pamphlet and give each affected unit written notice of the work, its location, the expected dates and how to get the pamphlet and records free, or post signs while work is ongoing. Update the notice if scope or dates change (§ 745.84(b)).
- Work and cleanup. Use a certified renovator and avoid the prohibited practices listed above.
- Records. Keep compliance records, including test results, pamphlet acknowledgments or mailing certificates, and proof that a certified renovator was assigned and did the cleaning verification, for 3 years after the job (§ 745.86).
California's own lead rules
Certification from July 1, 2027. Under H&S § 105254(b), on and after July 1, 2027, a firm (as the federal rule defines it) and at least one on-site person employed by the firm, doing renovation, repair or painting for compensation in a residential building that will disturb lead-based paint or presumed lead-based paint, must hold a California certificate. Paint on a structure built before January 1, 1978 is presumed lead-based unless tested below the state threshold (17 CCR § 35043). Persons doing routine maintenance and repairs in housing do not need a certificate if they are not doing any of the listed activities (§ 105254(c)). California law does not say whether a landlord doing their own work counts as a firm working for compensation under subdivision (b); ask counsel.
Certificates today. CDPH's program overview (last updated in 2020, before the firm certificate was added) says its lead certificates are granted to individual people, not companies, and that lead-related construction certificates from other states are not valid in California. Section 105254(a) already requires certificates for paid lead inspections and risk assessments and for work designed to reduce lead hazards on a permanent basis. The statute sets civil penalties of no less than $10,000 per violation per day for violating subdivision (b) (§ 105254(f)).
No lead hazards from the work. No person may perform lead-related construction work on a residential building in a way that creates a lead hazard (H&S § 105255(a)). CDPH or a local enforcement agency may inspect work sites and order the owner to abate or correct the hazard (§§ 105255, 105256).
Lead hazards in the unit. Under H&S § 17920.10, a building or unit is in violation as to any portion that contains lead hazards, including deteriorated lead-based paint or paint disturbed without containment at or above 2 square feet in any one interior room, 20 square feet on exterior surfaces, or 10 percent of a small component such as a window sill or baseboard. These state thresholds measure deteriorated or disturbed paint and are different from the federal 6 square foot RRP threshold for when a job is covered. Habitability remedies are on the habitability and repairs page.
Disclosure at lease signing. The federal lead disclosure and the Protect Your Family From Lead in Your Home pamphlet are a separate duty before a tenant signs; see required lease disclosures.
For owners
- Find the year built before planning any paint, window or demolition work, and assume pre-1978 paint is lead-based unless tested.
- Decide who does the work before the job starts, using the certification table above.
- Ask the firm for its EPA firm certificate and the renovator's certificate, and keep copies with the job file.
- Keep pamphlet acknowledgments and job records for at least 3 years.
- For older homes, see major systems in older San Diego rentals, and for designated historic homes, renting out a historic Coronado home.
McKee Properties manages rentals and runs an in-house maintenance division, Certified Property Maintenance; see maintenance services.
Local rules
Lead work rules are federal and state; CDPH or a local enforcement agency may inspect lead work sites (H&S § 105255(b)). Permits for the underlying work are local: in the City of San Diego, check with the Development Services Department; in unincorporated areas, with County Planning & Development Services; elsewhere, with your city's building department.
Frequently asked questions
Does the lead RRP rule apply if I repaint between tenants?
EPA guidance says that if there is no surface preparation that disturbs the existing paint, the RRP rule does not apply. If you scrape or sand to prepare the surface, it does apply, unless the job stays under the minor repair limits of 6 square feet per room inside or 20 square feet outside and involves no window replacement, demolition or prohibited practice.
Can I do lead-safe work on my own rental without certification?
According to EPA guidance, no, for covered renovations: a landlord who does the renovation personally needs both firm and renovator certification, and a landlord whose employee does it needs firm certification with a certified renovator on the job. If you hire a certified firm, you need neither.
What is the California lead certificate that starts in 2027?
Under H&S § 105254(b), from July 1, 2027, a firm and at least one on-site employee doing paid renovation, repair or painting that will disturb lead-based or presumed lead-based paint in a residential building must hold a California certificate. This is in addition to the federal EPA rule, which applies now.
What are the penalties for violating the federal RRP rule?
Federal penalty amounts are adjusted for inflation under 40 CFR § 19.4, so this guide does not quote a federal dollar figure. Check EPA's current figures or ask counsel. California's own statute sets separate civil penalties for violating its certificate rules (H&S § 105254(f)).
Is window replacement minor repair?
No. The minor repair exception in 40 CFR § 745.83 excludes window replacement and demolition of painted surface areas, whatever their size. Replacing windows in pre-1978 target housing is covered work unless the components have been shown to be lead-free.
This is general information, not legal or tax advice. Rules change; confirm your situation with a California attorney, your local building or fire department, or a licensed professional.
Sources
- 40 CFR part 745, subpart E (RRP rule) (opens in a new tab)
- 40 CFR part 745, subpart F (lease disclosure) (opens in a new tab)
- EPA FAQ: landlords and the RRP rule (archived January 2021) (opens in a new tab)
- Health and Safety Code § 105254 (opens in a new tab)
- Health and Safety Code § 105255 (opens in a new tab)
- Health and Safety Code § 105256 (opens in a new tab)
- Health and Safety Code § 17920.10 (opens in a new tab)
- 17 CCR § 35043 (Cornell LII copy) (opens in a new tab)
- CDPH Lead-Related Construction Program Overview (opens in a new tab)
Verified October 19, 2026.
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