State Lead Statutes

2/26/2021

Alternative Text

Forty-five states have adopted laws addressing lead hazards in the home. In 38 states, contractors must be trained and certified to abate and inspect lead-based paint. Fourteen states and the U.S. EPA require renovators to have training on lead hazards in homes. Please see the table below for a summary of state statutes.

For additional information please see the NCSL policy report - Healthy Housing: Strategies to Reduce Lead Exposure and Alleviate Asthma Triggers

State Title Citation Summary
Alabama Lead Reduction Act; Training, Certification and Accreditation for Lead-Based Paint Professionals   Ala. Code. §§ 22-37A-1 to 22-37A- 9  Authorizes the State Board of Health to develop a program relating to indoor lead hazard reduction, including the establishment of fee schedules and the disposition of fees levied; requires the certification of persons involved in lead hazard removal activities; provides criminal penalties; creates and provides for special funding.
Arizona Lead-Based Paint (LBP) Ariz. Rev. Stat. §§ 36-1671 to 36-167 Prohibits certain uses of lead-based paint and authorizes the department of health to develop and conduct programs to prevent, detect and treat lead-based paint poisoning.
  Training, Certification and Accreditation for Lead-Based Paint  Ariz. Rev. Stat. Ann.  §§ 36-1671 to 36-1676   Directs the Department of Health Services to adopt rules implementing a training, certification and accreditation program, gives the department enforcement authority and provides for reciprocity with other states.  
Arkansas Lead Poisoning Prevention Ark. Code Ann. §§ 20-27-601 to 20-27-608  Provides for the prevention, screening, diagnosis, and treatment of lead poisoning including elimination of the sources of the poisoning.
  Lead-Based Paint-Hazard Act  Ark. Code Ann. §§ 8-4-401 to 8-4-409 Authorizes the Arkansas Department of Pollution Control and Ecology to adopt, administer and enforce a program for the licensing of lead abatement professionals including training programs, procedures and requirements for licensing and certification.  
California Childhood Lead Poisoning Prevention Act Cal. Health and Safety Code § 105250 to 105310 Establishes the Childhood Lead Poisoning Prevention Program within the Department of Health Services and requires the department to compile information, identify target areas, and analyze information to design and implement a program of medical follow-up and environmental abatement to reduce childhood lead exposure.  
  Training, Certification  Cal. Health and Safety Code §§1367.3 Establishes a program within the Department of Health Services to meet the requirements of the Residential Lead Based Paint Hazard Reduction Act. 
Colorado Lead Hazard Prevention Program Colo. Rev. Stat. Ann.  §§ 25-5-1101 to 1104 Establishes the Lead Hazard Reduction Program within the Department of Public Health and Environment.  Requires a comprehensive plan to prevent elevated blood lead levels, development of standards for screening children for blood lead levels, comprehensive education program, case management and environmental follow-up services for children.
  Lead-Based Paint Abatement Colo. Rev. Stat. Ann.  §§ 25-7-1101 to 1107 Requires the Air Quality Control Commission to promulgate rules to implement a training and certification program for lead professionals involved in inspection, risk assessment, planning, project design, supervision, or conduct of the abatement of surfaces containing lead-based paint.  
Connecticut Report of lead poisoning.  Investigation.  Preventative measures.  Relocation of families.  Reports.  Regulations. Conn. Gen. Stat. Ann. §§ 19a-110 ,19a-111a-e  Establishes a lead poisoning prevention program, an education and early diagnosis program, and regulations regarding abatement of lead-based paint.  
  Standards for licensure of lead abatement contractors and lead consultant contractors and certification of lead consultants, lead abatement supervisors and lead abatement workers. Conn. Gen. Stat. Ann. §§ 20-474 to 20-482 Requires that no entity shall hold itself out as a lead abatement contractor or lead consultant contractor without a license issued by the commissioner of public health.  The department shall review the technical, equipment and personnel resources of each applicant.
District of Columbia   D.C. Code Ann. § 6-997.1 -.14 Requires the establishment of a program for the reduction, elimination and abatement of lead based hazards including standards and procedures for conducting lead-based paint activities and community outreach and education.  
Delaware Establish standards for regulation of lead-based paint hazard control activities Del. Code Ann. tit 16 Del.C. §122(3)t. Requires the Department of Health and Social Services to establish standards for regulation of lead-based paint hazard control activities, including the training and certification of workers engaged in lead-based paint activities, the establishment of work standards for lead-based paint hazard control and the accreditation of lead-based paint hazard training programs.
  Childhood Lead Poisoning Prevention Annual Screening Del. Code Ann. tit. 16 §§ 2602-2605  Requires every health care provider to screen children for elevated blood leads by 1 year of age.  
Florida Lead Screening Program Fla. Stat. 29 § 381.985 Requires the State Surgeon General to establish a program for early identification of persons at risk of having elevated blood-lead levels.
Georgia Lead Poisoning Prevention Ga. Code Ann. §§ 31-41-1 to 31-41-19 Requires promulgation of regulations regarding training, licensing and certification of persons performing lead hazard reduction activities, including abatement, inspection and renovation work; sets workplace standards for performing such activities; provides for reciprocity; and provides for collection of fees.
Hawaii Lead Abatement Activities Haw. Rev. Stat. §§ 342P-1 to 342P-44  Authorizes the Department of Health to establish standards and notification requirements for lead abatement activities in dwellings and child occupied facilities.  Also authorizes the Department of Health to establish an accreditation program for lead inspectors and risk assessment specialists.
  Training, Certification and Accreditation for Lead-Based Paint Professionals Haw. Rev. Stat. §§ 321.13  Authorizes the Department of Health, with the approval of the governor, to adopt rules deemed necessary for public health and safety respecting environmental health professionals.
Idaho Lead-Based Paint Activities  Ind. Code Ann. 17 §§16-41-39.4-1 to 16-41-39.4-4 Authorizes the state department of health to determines the extent of lead poisoning in children under six, provide consultation and education to medical providers regarding lead poisoning, receive and analyze blood samples, work with local health departments on lead detection and provide outreach and education to consumers and develop and maintain a database of children with lead poisoning.
Illinois Lead Poisoning Prevention Act Ill. Rev. Stat. ch. 410 para. 45/1 to 45/17; 45/6.3 Provides for the establishment of a lead poisoning prevention program under the Department of Public Health and directs the department to perform certain activities.  The statute also prohibits or regulates the use of lead-bearing substances. 
  Comprehensive Lead Education, Reduction, and Window Replacement Program Act Ill. Ann. Stat. ch. 410 para 43/1 to 43/30 Provides for assistance to residential property owners through loan and grant programs to reduce lead paint hazards through window replacement in pilot area communities. Where there is a lack of workers trained to remove lead‑based paint hazards, job‑training programs will be initiated. The General Assembly also recognizes that training, insurance, and licensing costs are prohibitively high and establishes incentives for contractors to do lead abatement work.
Indiana Lead-Based Paint Activities Ind. Code Ann. 17 §§16-41-39.4-1 to 16-41-39.4-4  Requires the Department of Health to establish a lead-based paint activities program to ensure that a person conducting lead-based paint activities in certain specified housing and child-occupied facilities does so in a manner that protects the health of the building's occupants, especially children six (6) years of age and younger.  It also requires a person who engages in lead-based paint activities to obtain a license from the department of environmental management.
  Childhood lead poisoning Ind. Code Ann. §§16-41-39.4-1 to 16-41-39.4-4 Authorizes the Department of Health to determine the extent of lead poisoning in children under six, provide consultation and education to medical providers regarding lead poisoning, receive and analyze blood samples, work with local health departments on lead detection and provide outreach and education to consumers and develop and maintain a database of children with lead poisoning.
Iowa Lead Abatement Program Iowa Code Ann. §§ 135.100 -105c Establishes a lead abatement program within the Department of Public Health.  Requires the department to implement and review programs designed to eliminate or reduce dangerous levels of lead in children.  
Kansas Development and implementation of prevention program; licensure training and inspections; fees; rules and regulations Kans. Stat. 65-1,202, 65-1,204 – 1,213 Establishes a childhood lead poisoning prevention program within the Department of Public Health, with the authority to develop the program, investigate the extent of lead poisoning in the state, provide for surveillance and data management, educate health care providers, recommend how and when children should be screened, and develop a program to assist local health departments in screening children and providing case management services for lead-poisoned children and other prevention services.  
  Licensure of certification to perform lead-based paint activities Kans. Stat. 65-1203 Prohibits a business entity or public agency from engaging in lead-based paint activities without a proper license; individuals may not engage in lead-based paint activities unless certified by the state.  Owner/occupiers or business and public agencies doing work on nonresidential dwellings are exempt from certification and licensure, but must follow work practice guidelines and statutes.
Kentucky Lead Poisoning Prevention Ky. Rev. Stat. Ann. §§ 211.900-211.905, 211.9061-211.9065, 211.990  Provides the authority for the secretary for Human Resources to establish a lead poisoning prevention program including the screening, diagnosis and treatment of lead poisoning.
Louisiana Lead Poisoning Prevention Program La. Rev. Stat. Ann. §§ 40:1285.1 to 40:1285.10 Establishes a program for the prevention, screening, diagnosis and treatment of lead poisoning in the office of public health.
  Lead Hazard Reduction, Licensure and Certification La. Rev.  Stat. Ann. §§ 30:2351 to 2351.59  Requires licensure and certification for lead abatement and inspection professionals, abatement provisions, disposal requirements, authority to promulgate regulations relating to lead hazard reduction, and funding for such programs.
Maine Lead Poisoning Control Act Me. Rev. Stat. Ann. tit. 22 §§ 1314 to 1327  Enacts a lead poisoning control program restricting the sale and use of lead-based products, an early diagnosis program, educational outreach, reporting requirements, inspections by public health officials, notice to remove hazards, enforcement provisions. 
  Lead Poison Control Act Me. Rev . Stat. Ann. tit. 38 §§ 1291-97  Establishes certification, licensure and training requirementssafe for the abatement of lead hazards.  
  Notice of Renovations Me. Rev. Stat. Ann. 14 §6030-B Requires property owners to give tenants 30 days notice of an environmental lead hazard prior to any repair, renovation or remodeling activity in residences built before 1978.
Maryland Lead-Based Paint Md. Code Ann., Envir.  § 6-301 to 6-304; 6-1001 to 1-1005  Prohibits the use of lead-based paint on any interior surface, on any exterior surface commonly accessible to children, or any article that is intended for household use.  The act also requires physicians to report persons with EBL levels, and creates an advisory council to explore the problem of lead poisoning.  Requires local health departments who receive reports of children with blood levels greater than or equal to 15 µg/dl and less than 20 µg/dl to notify the child’s parents and the owner of the dwelling if the child lives in rental housing.
  Accreditation of Lead Paint Abatement Services Md. Code Ann., Envir. § 6-301 to 6-304; 6-1001 to 1-1005 Provides for the accreditation of training providers and the certification and licensure of lead abatement professionals. Creates a lead accreditation fund supported by fees and fines collected under this act.
  Reduction of Lead Risk in Housing Md. Code Ann., Envir.  §§ 6-801 to 6-852 Establishes a lead poisoning prevention commission, the lead poisoning prevention fund, and risk reduction standards for affected properties; requires owners of affected properties to register those properties and perform risk reduction activities.  
  Failure of lessor to remove lead-based paint; rent escrow Md. Code Ann., Real Prop.  § 8-211.1  Provides for a lessee of a rental property which the lessor has failed to remove lead-based paint within 20 day of notice to deposit rent with the District Court where it will be held until the lessor has remedied the situation.  The tenant may not be evicted or be subject to an increase in rent for exercising this remedy.
Massachusetts Lead Poisoning Prevention and Control Mass. Gen. L. ch. 111 §§ 189A to 199B  Establishes a comprehensive lead poisoning prevention program including  screening of children under 6 years and pregnant women, guidelines for medical follow-up, and procedures for reporting elevated blood lead levels.
       
Michigan Lead Abatement Act Mich. Comp. Laws §§ 333.5451 to 333.5477 Establishes lead poisoning prevention program that includes comprehensive plan to prevent childhood lead poisoning, education and community outreach and technical assistance for health care providers managing cases of childhood lead poisoning.
Minnesota Childhood Lead Poisoning Act Minn. Stat. Ann. §§ 144.9501 to 144.9509 Establishes a childhood lead poisoning prevention program including requirements for licensing of contractors, renovators and inspectors, proper work practice methods, interim controls, swab teams, identification of persons at high risk for elevated blood lead levels, lead surveillance, primary and secondary prevention and provides enforcement.
  Residential Lead Paint Waste Minn. Stat. ann. §§ 116.87 to 116.89  Establishes standards for the proper disposal of residential lead paint waste and also defines illegal disposal methods for residential lead-based paint and lead contaminated soil.
  Lead Certification; Pre-1978 Structures Minn. Stat. ann. § 326B.106 ((13, 14)  Requires municipalities to ensure residential building contractors verify their lead certification qualifications when issuing permits on pre-1978 structures.
Mississippi Lead-Based Paint Activity Accreditation and Certification Act Miss. Code Ann. §§ 49-17-501 to 49-17-531  Authorizes the Department of Environmental Quality (DEQ) to establish, implement and enforce a program for the accreditation and certification for those involved in renovation and lead abatement activities in targeted housing, child-occupied facilities and other settings subject to federal requirements under section 404 of the Toxic Substances Control Act.
Missouri Lead Poisoning Prevention Mo. Stat. Ann. §§ 701.300 to .345  Establishes of a lead poisoning prevention program and commission. The program requires the Department of Health to set standards for blood lead levels, residential abatement, inspections, and training; provide for the licensure and accreditation of lead abatement and inspection professionals; and establishes enforcement authority. 
Nebraska Environmental Lead Hazard Control Act Neb. Rev. Stat. §§ 71-6318 to 71-6333  Requires any person or business entity that engages in a lead abatement project to hold a valid license as provided in the Environmental Lead Hazard Control Act.  Establishes a training and certification program and includes enforcement provisions.
  Childhood Lead Poisoning Prevention Act Neb. Rev. Stat. §§ 71-2513 to 71-2517 Authorizes the Department of Health to develop a statewide lead hazard awareness action plan and provide information and education to the public, parents, health care providers, and educators to increase awareness. 
New Hampshire Lead-Based Paint Poisoning Prevention N.H. Rev. Stat. Ann. §§ 130-A:1 to 130 A:18  Provides for inspections, notice and removal, prohibits certain acts, and grants authority to the director of public health to promulgate regulations regarding lead poisoning prevention.
New Jersey   N.J. Rev. Stat. Ann. §§ 26:2-130 to 137.7  Requires the commissioner of the Department of Health to promulgate regulations to identify sources of lead within dwellings; to establish testing procedures to detect lead in persons; to stimulate professional and public education concerning the need to test, detect, and control lead poisoning; and to abate identified lead hazards. 
  Lead Evaluation and Abatement N.J. Rev. Stat. Ann. §§ 26:2Q-1 to 26:2Q-12  Requires certification by the Department of Health before a person can perform a lead evaluation or lead abatement; requires the commissioner of health to establish a certification program to assure that lead abatement and evaluation work is done safely.
  Paint containing lead N.J. Rev. Stat. Ann. §§ 24:14A-1 to 24:14A-11  Prohibits the use of lead-based paint on certain products, on the interior or exterior of any building readily accessible by children, provides for abatement procedures, notification and enforcement penalties. 
New York Control of Lead Poisoning N.Y. Pub. Health Law §§ 1370 to 1376-a  Prohibits the of sale of certain products containing lead-based paint and allows for the abatement of lead poisoning conditions.  Establishes lead poisoning prevention program including the screening of pregnant women and children, a registry of children with elevated blood levels and a program coordinate lead poisoning prevention, exposure reduction, and identification and treatment activities with state, federal and local agencies.
North Carolina Lead Poisoning in Children N.C. Gen. Stat. §§ 130A-131.5 to 130A-131.9G  Requires the Commission to adopt rules for the prevention and control of lead poisoning in children.  
  Lead-Based Paint Hazard Management ProgramEstablishes an authorized state program to meet federal requirements under section 404 of the Toxic Substances Control Act.   N.C. Gen. Stat. §§ 130A-453.01 to 130A-453.11  Establishes an authorized state program to meet federal requirements under section 404 of the Toxic Substances Control Act.  
North Dakota   N.D. Century Code 23-25-01 to 23-25-03.1 Requires the Department of Health to adopt and enforce regulations regarding the administration and enforcement of a licensing program for asbestos contractors and lead-based paint contractors, and a certification program for asbestos workers and lead-based paint workers 
Ohio Lead Poisoning Prevention Ohio Rev. Code Ann. §§ 3742.01 to .99, 4745.01 to .03  Establishes a childhood lead poisoning prevention program.  Provides for the licensure of person performing lead abatement work; the approval of environmental lead laboratories; directs the implementation of a lead poisoning prevention program; and to create the Lead Program fund; among other purposes.
Oklahoma Lead-based Paint Management Act Okla. Stat. Ann. tit. 27A §§ 2-12-101 to 2-12-501  Requires the Environmental Quality Board to establish abatement standards and certification requirements for contractors and workers who perform lead based paint services on target housing or child occupied facilities.  Requires the Board to provide accreditation for approved training providers.  The law provides for a training schedule and application of fees and forbids training of persons without a license.  
  Comprehensive Lead Poisoning Prevention Program Okla. Stat. Ann. tit. 63 § 114.1 (West Supp. 1996). Provides for a public/private task force to review lead poisoning prevention problems within the state and offer advice.
  Lead Impacted Communities Act Okla. Stat. Ann. tit. 3 § 371  Authorizes the Department of Environmental Quality to make grants, from monies appropriated for that purpose, to state beneficiary public trusts serving communities affected by historic lead and zinc mining and located within the boundaries of federal Superfund sites; to assist parents or legal guardians of children 6 years of age and younger.
Oregon Lead-Based Paint Activities Or. Rev. Stat. §§ 431.920, 701.500 to 701.515  Establishes lead-based paint activity programs to conform with federal law including training, licensing, and registration programs for persons who engage in lead-based paint activities; defines terms; provides for notices as required by federal law; appropriates moneys from the general fund.  
Pennsylvania Lead Occupation Accreditation and Certification Pa. Stat. Ann. tit. 35 §§ 5901 to 5916  Requires certification of individuals engaged in lead-based paint activities; establishes minimum training requirements; requires training for accredited persons; establishes minimum performance and enforcement standards; requires licensing of lead contractors; establishes interim regulations and fees for accreditation, certification and licensure.
Rhode Island Lead Poisoning Prevention Act R.I. Gen. Laws §§ 23-24.6-1 to 23-24.6-27 Establishes a childhood lead screening and diagnosis program, an environmental management and primary prevention program, and mechanisms for funding.
  General requirements relating to the safe and sanitary maintenance of parts of dwellings and dwelling units - lead-based paint R.I. Gen. Laws § 45-24.3-10  Prohibits the use of lead-based paint in dwellings with surfaces accessible to children under 6 years, and provides for inspection and abatement procedures for emergency situations.  
South Carolina Lead Poisoning Prevention and Control Act S.C. Code Ann. §§ 44-53-1310 to 44-53-1495  Establishes a program that provides early diagnosis of children with lead poisoning, requires reporting of lead poisoning be followed by an inspection, and notification procedures for informing owners/occupants of lead hazards.
Tennessee Lead-Based Paint Abatement Certification Act  Tenn. Code Ann. §§ 68-131-401 to 68-131-406  Directs the Department of Environment and Conservation to establish a certification for lead abatement professionals including individuals and training providers.  
Texas Federal Lead-Based Paint Abatement Funds; Certification Program Tex. Rev. Civ. Stat. Ann. art. 9029   Authorizes the Department of Health to establish a training, certification and accreditation program for lead-based paint activities.  
Utah Lead-Based Paint Remediation Utah Code Ann. § 19-2-104  Authorizes the Air Quality Board to make rules implementing lead-based paint remediation training, certification and performance requirements in accordance with federal law.  Establishes work practice certification, and clearance air sampling requirements for persons who conduct lead paint inspections in facilities subject to federal law and establish certification requirements for persons required under federal law to be accredited as inspectors, risk assessors, project designers, renovators or abatement workers.
Vermont Childhood Lead Poisoning, Screening, and Lead Abatement Act Vt. Stat. Ann.  tit.  18 §§ 1751-1765  Requires owners and managers of rental properties and child care centers to have essential maintenance practices performed by certified contractors in target properties.  Establishes a housing registry, describes essential maintenance practices, and provides for legal incentives for owners to perform the hazard control activities.  Requires insurers to provide liability coverage of lead-based paint hazards.
Virginia Duties of lead certified contractors Va. Code Ann. § 40.1-51.20  Requires that any licensed contractor or lead inspector notify the Department of Labor and Industry at least 20 days prior to the commencement of an asbestos or lead project.  Requires that the licensed or certified contractor obtain a permit for the project and pay a fee.  The licensed or certified contractor must also keep records for thirty years containing details of the project.
  Certification of Lead Contractors, Professionals and Workers Va. Code Ann. §§ 54.1-500 to 54.1-51 Relates to certification of contractors, inspectors, professionals, and workers who may disturb lead-based paint.  Provides that lead hazard reduction activities meet the requirements of the federal program.
  Immunity from liability for lead-based paint maintenance; notification to tenants of lead-based paint report Va. Code Ann. § 8.01-226.7  Requires owners and agents of residential dwellings not be liable for civil damages. 
  Establishing protocols for lead poisoning prevention Va. Code Ann. §§ 55-248.39  Requires landlords to maintain painted surfaces of dwelling units in compliance with the International Property Maintenance Code of the Uniform Statewide Building Code.  The landlord's failure to meet this standard is enforceable and entitles the tenant to terminate the agreement.
Washington Lead Based Paint Activities Wash. Rev. Code § 70.103.010 to 70.103.090  Establishes a lead-based paint activities program within the Department of Community, Trade, and Economic Development to protect the general public from exposure to lead hazards and to ensure the availability of a trained and qualified work force to identify and address lead-based paint hazards.  The program shall be consistent with the Federal Lead-Based Paint Hazard Reduction Act (Title X) 
Wisconsin Lead-Based Paint Abatement  W. Va. Code §§ 16-35-1 to 16-35-13 Establishes a training, accreditation and certification program for lead abatement contractors, supervisors or workers, lead inspectors, lead risk assessors and lead abatement project designers.  Requires a license to work in any of the above listed disciplines.  
West Virginia Lead Poisoning Prevention Wis. Stat.  §§ 254.11 to 254.30 Comprehensive act relating to lead poisoning prevention.  Prohibits certain uses of lead, provides for reporting requirements, inspection and abatement procedures, grants authority to the Department of Health and Social Services, and enforcement of these provisions.