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Charleston, SC Building Safety: Lead Paint (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
City Code Section 7-117
Trigger
Board of health danger-to-health finding
Covered surfaces
Up to 5 feet from ground level
Test method
In-site analyzer positive reading
Reporting duty
Housing officer reports to board of health

Summary

Charleston makes property owners responsible for removing or permanently covering lead-based paint on exposed interior and exterior surfaces once the board of health finds it a danger to health, under City Code Section 7-117. The rule targets surfaces within 5 feet of ground level that children age six or younger can reach.

(a)For the purpose of this section, the following definitions shall apply: Exposed surface. An "exposed surface" is any interior surface of a dwelling, dwelling unit or child care facility and any exterior surface of such a structure, such as stairs, porches, railings, windows, doors and siding from ground level to a vertical distance of at least five (5) feet, which are readily accessible to children six (6) years of age or younger, especially those surfaces where peeling or chipping of paint or other surface-coating material occurs. Lead base substance. A "lead-base substance" is any paint, lacquer, putty, plaster glaze or other similar surface-coating material containing lead in the dried paint film of paint already applied as measured positive by an in-site analyzer device. (b)It shall be the responsibility of the owner to provide for the removal or permanent covering of exposed surfaces of public or private premises on which a lead-base substance has been applied whenever the board of health determines that the presence of such substances constitutes a danger to health. The public safety and housing officer shall report any apparent violations to the board of health.

Source: SCDHEC Lead ProgramView official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 114 | Zoning: Supplement 25).

Full Breakdown

City Code Section 7-117(a) defines an 'exposed surface' as any interior surface of a dwelling, dwelling unit or child care facility, and any exterior surface such as stairs, porches, railings, windows, doors and siding, measured from ground level up to at least 5 feet, that is readily accessible to children six years old or younger, with particular attention to surfaces where paint is peeling or chipping. The same section defines a 'lead-base substance' as paint, lacquer, putty, plaster glaze or similar surface-coating material that tests positive for lead in the dried paint film using an in-site analyzer device.

Section 7-117(b) places the legal duty on the owner: whenever the board of health determines that lead-based coating on exposed surfaces of public or private premises presents a danger to health, the owner must remove it or permanently cover it. The public safety and housing officer, the same official who administers Charleston's broader unfit-dwelling process under Article IV, Division 1, is required to report any apparent violations of this duty to the board of health rather than act unilaterally, so enforcement runs through a board of health danger finding before an owner is compelled to abate.

This section has stood since 1980 and works alongside the city's minimum-standards provisions in Division 3, which independently require dwellings to be free of hazards that threaten occupant health.

Violations & Fines

An owner who fails to remove or cover lead-based paint after the board of health issues a danger finding is in violation of Section 7-117(b); because the section sets no separate fine, City Code Section 1-16's general penalty applies, up to a $500 fine or 30 days in jail, with continued noncompliance counted as a new offense each day.

Frequently Asked Questions

When must a Charleston owner remove lead paint?
Only after the board of health determines that lead-based paint on an exposed surface of the property presents a danger to health. City Code Section 7-117(b) then requires the owner to remove the coating or permanently cover it; the duty is not automatic just because old paint is present.
What counts as an 'exposed surface' under Charleston's lead paint rule?
Any interior surface of a dwelling, dwelling unit or child care facility, plus exterior surfaces such as stairs, porches, railings, windows, doors and siding measured up to at least 5 feet from ground level, so long as the surface is readily accessible to children six years old or younger.
Who reports a lead paint hazard in Charleston?
The public safety and housing officer is required by Section 7-117(b) to report apparent violations to the board of health, which makes the formal danger-to-health determination that triggers the owner's duty to remove or cover the lead-based surface.

Sources & Official References

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