Durham, NC Building Safety: Lead Paint (2026)
Key Facts
- Governing section
- Durham City Code § 10-234(f) and (j)(7), Housing Code
- Code reenacted
- Ord. No. 16682, June 15, 2026
- Certification trigger
- Paid work disturbing lead paint in pre-1978 housing
- Lead hazard trigger
- County health department notice, child under six
- Civil penalty
- $300.00 initial, $300.00 monthly, $5,000.00 cap
- Appeal deadline
- Written notice within ten days of service
- Enforcer
- Housing code administrator
Summary
Durham's Housing Code bars paint chips and paint dust on any dwelling or its premises, requires loose or peeling paint to be removed and the surface left smooth, and routes lead-safe renovation work to the North Carolina Lead-Based Paint Hazard Program. When the county health department reports a lead hazard affecting a child under six, the housing code administrator orders the owner to remediate or vacate.
(3) Paint chips or paint dust shall not be left on interior or exterior surfaces of the dwelling or on the premises. (4) Lead abatement, renovation, repair and painting activities are enforced by the North Carolina Lead-Based Paint Hazard Program. Firms and individuals performing renovation, repair and painting that disturbs lead-based paint in housing or child occupied facilities built before 1978, shall be certified if performing these activities for compensation and must follow specific work practices to prevent the spread of lead. [...] (7) Lead remediation. When notified by the county health department of the existence of a lead hazard stemming from a component associated with the structure of the dwelling unit which is affecting children less than six years old, the administrator shall initiate action requiring the owner to remediate the hazard by approved methods, within a time specified by the administrator, or to vacate and close the dwelling. The failure of an owner to remediate the hazard as directed by the administrator may result in the condemning and demolishing of the dwelling.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 36).
Full Breakdown
The rules sit in Article VI of Chapter 10, the Housing Code, which City Council repealed and reenacted in full by Ord. No. 16682 on June 15, 2026. Under § 10-232(a) the article applies to all housing irrespective of when it was constructed, altered or repaired, so a 1950s bungalow and a 2020 townhome face the same paint standard. The administrator is the housing code administrator or a designee.
The paint standard is in § 10-234(f). Exterior surfaces not inherently resistant to deterioration, including walls, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, must be protected by paint or another coating with sufficient frequency to prevent deterioration, and must be clean and free of peeling, flaking, loose or defective surfacing materials before the new coat goes on. Interior surfaces must be protected the same way, and loose or peeling wall covering or paint must be removed so the exposed surface is smooth and sanitary. Subsection (f)(3) adds that paint chips or paint dust shall not be left on interior or exterior surfaces of the dwelling or on the premises, which puts cleanup of scraping debris on whoever does the work.
Subsection (f)(4) makes clear that lead abatement, renovation, repair and painting activities are enforced by the North Carolina Lead-Based Paint Hazard Program, not by the city. Anyone who disturbs lead-based paint in housing or child occupied facilities built before 1978 and works for compensation must be certified and must follow specific work practices to prevent the spread of lead.
The city's own lead trigger is § 10-234(j)(7). Once the county health department notifies the city of a lead hazard from a component of the dwelling that affects children less than six years old, the administrator initiates action requiring the owner to remediate by approved methods within a time the administrator sets, or to vacate and close the dwelling. Non-compliance can end in condemnation and demolition.
Nonresidential buildings carry a separate rule in § 10-304(k): exterior surfaces must be coated with sufficient frequency to prevent deterioration, and no paint may be used for interior painting of an enclosed area unless it is free from any lead pigment.
Violations & Fines
Under § 10-241(b), an owner who does not live in the dwelling owes an initial civil penalty of $300.00, plus another $300.00 each month until the unit complies, capped at $5,000.00 in total. The city recovers unpaid penalties in a civil action in the nature of debt if they stay unpaid 30 days after the first day of noncompliance. Ignoring a repair or vacate order is a separate offense for each day it continues, and a failed re-inspection triggers a re-inspection fee.
Frequently Asked Questions
Does Durham require landlords to test for lead paint?
What happens when a child under six is affected by a lead hazard?
Who has to be certified to repaint an older Durham rental?
How do I contest a housing code order about paint or lead?
Is the interior lead pigment ban in the Housing Code?
Sources & Official References
Other rules in Durham
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