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Durham, NC Building Safety: Lead Paint (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 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.

Source: NC Lead-Based Paint Rules and RegulationsView 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 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The rules sit in Article VI of Chapter 10, the Housing Code, which City Council repealed and reenacted in full by Ord.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?
The Housing Code text contains no testing mandate. It requires peeling paint to be removed, bars paint chips and dust on the premises, and sets a lead response once the county health department reports a hazard affecting a child under six. Certification and work-practice rules for pre-1978 housing run through the North Carolina Lead-Based Paint Hazard Program.
What happens when a child under six is affected by a lead hazard?
After the county health department notifies the city, the administrator starts action under § 10-234(j)(7). The owner must remediate by approved methods within the time the administrator specifies, or vacate and close the dwelling. Failure to follow the directive can lead to the dwelling being condemned and demolished.
Who has to be certified to repaint an older Durham rental?
Section 10-234(f)(4) requires certification for firms and individuals who perform renovation, repair and painting that disturbs lead-based paint in housing or child occupied facilities built before 1978 when they do the work for compensation. They must also follow specific work practices that prevent the spread of lead.
How do I contest a housing code order about paint or lead?
File written notice of appeal with the housing code administrator within ten days after the order is served, under § 10-240. The housing appeals board hears it, and four concurring votes are needed to reverse or modify the order. A filed appeal suspends the requirement unless the administrator certifies imminent peril to life or property.
Is the interior lead pigment ban in the Housing Code?
No. The residential standards in § 10-234(f) address peeling paint, chips and dust, and certified lead work. The ban on interior paint containing lead pigment appears in § 10-304(k), which governs nonresidential buildings and structures.

Sources & Official References

Other rules in Durham

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