Lead based paint

5 Replies

Is it legal to paint over lead based paint in the state of NJ?

Yes, happens every day.  However that can change if you had an area tested and now needs to be remediated.   The big areas that cause the most issues are around windows and doors, not walls.   The old windows rub against the old paint causing it to grind against each other and chip, flake or slowly wear away.  Kids like to put things in their mouth's so this is where it happens most. 

@Darren Sager   Thanks Darren,  yes the lead paint is chipping all over, ceilings, around windows, and walls.  I was going to scrape down what was chipping and paint over everything when finished.   I just wanted to make sure it was legal to do so and not have to get it all removed.  

@Joseph Tarallo   Lead paint that is peeling needs to be dealt with by an EPA certified contractor. That is federal, not state law. Painting over, when there is no peeling, is legal. Scraping or sanding by a non certified contractor, not legal. If you rent or sell and don't have a certified contractor do that work, you assume huge liabilities. 

From my understanding certification is pretty easy. Local paint stores often have the classes, and then you need to take a basic test. 

I can't speak to NJ but my county health dept has been going section by section in my city with warning notices of exterior suspected pealing lead paint. Two of my properties were targeted this year. And the letter clearly states that scraping and painting over is a acceptable solution. However if you do nothing they will come back and actually test the paint. If positive it will have to be professionally remediated.  Where I live 95% of the homes were built before 1970. 

I painted and passed their visual test. But when they get to another of my properties that I know is bad, I will have it sided which is also acceptable.

Lead paint is a Federal requirement. Some jurisdictions have more stringent requirements. The Federal law allows you to paint over chipping and pealing paint. You cannot scrape, unless you follow required procedures and are certified. What I understand you to want to do would require you to be certified, follow safe practices, and keep the required records on a Federal level.

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