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Lead Paint Rules, Permits, HOAs and Historic Districts in California

Lead paint rules for painting pre-1978 homes in California, plus permits, HOA approval, Santa Rosa preservation districts and storefront painting.

Lead Paint Rules, Permits, HOAs and Historic Districts in California

Santa Rosa has thousands of houses built before 1978, from the Victorians near downtown to the postwar tracts. Lead paint rules apply to work on them. This page also covers permits, HOAs, historic districts and storefronts.

This page is general information for California property owners. It is not legal advice. For a ruling on your own property, ask the agency named or a lawyer.

My house was built before 1978. Do I need to worry about lead paint?

Yes, you should assume lead paint may be present until a test says otherwise. Lead was banned from house paint in the United States in 1978, and the older the house, the more likely some layers contain it.

Lead paint that is intact and covered by newer coats is not the main danger. The risk comes when it is scraped, sanded, cut or left to peel, because that makes dust and chips. Children under six and pregnant women are most at risk.

How do I know if old paint contains lead?

The only way to know if paint contains lead is to test it. In California, paid lead inspections and risk assessments must be done by a person certified by the California Department of Public Health, CDPH. An inspector checks painted surfaces and gives you a written report.

Under the federal rule a certified renovator can also check the surfaces to be worked on, using an EPA-recognized test kit or paint chip samples sent to a lab. HomeGuide lists a lead inspection at $300 to $700 as a national figure. Hardware store kits exist, but a report from a certified inspector carries more weight.

Can you paint over lead paint or must it be removed?

Lead paint does not have to be removed. Sound lead paint can be painted over, and keeping it covered and intact is a recognized way to manage it. Removal is one option, and it creates the most dust.

What you cannot do is dry scrape or power sand it without controls, or paint over a film that is already peeling. Where old paint is failing, the loose material is removed with lead-safe methods and the surface is then primed and coated. Special encapsulant coatings exist for surfaces that need more than ordinary paint.

What certification does a painter need for pre-1978 homes?

A painter paid to disturb paint in a pre-1978 home needs EPA certification under the federal Renovation, Repair and Painting rule, known as RRP. The firm must be certified, and a certified renovator must be assigned to the job. In California the federal EPA runs this program.

The rule covers homes, child care facilities and preschools built before 1978. Small jobs are exempt: 6 square feet or less of disturbed paint per room inside, or 20 square feet or less outside. Lead abatement, meaning work done to remove lead hazards for good, is different and needs CDPH-certified workers and supervisors. Ask any painter you are considering to show their EPA firm certificate. Ask us about your house when you call.

Do lead rules change the price?

Yes. Lead-safe work adds to the price of a job on an older house, because it adds plastic sheeting, containment, careful cleanup, protective gear and record keeping.

How much depends on how much old paint has to be disturbed. A repaint over sound paint with little scraping adds little. Heavy scraping on a peeling 1920s exterior adds more. For full removal, HomeGuide publishes national figures of $6 to $17 per square foot for lead paint removal and $6 to $10 for encapsulation. Those are abatement prices, not painting prices.

Who is responsible for lead paint disclosure on a rental?

The landlord is responsible for disclosure. Federal law requires landlords, sellers and their agents to disclose known lead paint information before a lease or sale of most housing built before 1978.

They must hand over the EPA pamphlet called Protect Your Family From Lead in Your Home, share any records or reports they have and include a lead warning statement in the lease or contract. Before paid renovation work in a pre-1978 rental, the contractor also gives the occupants a lead safety pamphlet under the RRP rule.

Do I need a permit to paint the outside of my house?

No, not for painting alone in most cases. Painting is on the list of finish work that the state building code exempts from a building permit. For the unincorporated county, Permit Sonoma publishes that list and painting is on it.

A permit can come into it when the job grows: replacing siding or structural wood, or setting scaffolding or a lift on the public sidewalk or street. Work in the public right of way in Santa Rosa needs an encroachment permit from the city. If you are unsure, the Building Division at the city's Planning and Economic Development Department will confirm for your address.

Do I need HOA approval to change my exterior color, and can the HOA fine me?

If you live in an HOA, very likely yes. Most associations require written approval before you change an exterior color, and many keep a list of approved schemes. Oakmont, and many neighborhoods in Fountaingrove and Skyhawk, are planned communities with design rules.

An HOA can fine an owner who breaks its rules, following the notice and hearing steps in its governing documents and California law. It can also require the house to be repainted. Get approval in writing before work starts. We can provide color samples for your application.

Are there paint rules in a historic district?

There can be. Santa Rosa has preservation districts near downtown, among them McDonald, St. Rose, West End and Burbank Gardens, and exterior changes to buildings in them can need review by the city's Planning division.

We could not confirm from a city source whether a repaint in the same or a new color needs that review, so we will not guess. Ask Planning before you change the look of a house in a preservation district or a designated landmark. Petaluma and Sonoma also have historic districts with their own rules.

Do I need a permit to paint a storefront or commercial building?

Painting a storefront or commercial building does not normally need a building permit, for the same reason as a house. Three related things often do need approval.

  • Scaffolding, a lift or barriers on the public sidewalk or street: an encroachment permit from the city.
  • Painted signs, lettering or murals: these are usually treated under the sign rules, so ask Planning first.
  • A color change on a building in a preservation district, a shopping center with design conditions or a leased space: check with Planning and with your landlord.

Questions about your property? Call or text (707) 205-3959.

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