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Durham, NC Building Safety: Lead Paint (2026)

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

Key Facts

Governing section
City Code § 10-234(k)
Interior lead paint
Cannot exceed CPSC pigment limit
Effective date
January 1, 1995
Related state program
N.C.G.S. § 130A-453.01–453.11
Enforced by
City housing administrator, § 10-239

Summary

Durham's Housing Code bars using any interior paint that exceeds the lead pigment limit set by the Consumer Products Safety Commission, under City Code § 10-234(k). Effective since January 1, 1995, exterior surfaces must also carry a protective coating, and any loose or peeling paint, interior or exterior, must be removed and the surface left smooth and sanitary.

(k)Painting. Effective January 1, 1995, all exterior surfaces of buildings and structures, not inherently resistant to deterioration, shall be treated with a protective coating, such as paint or other suitable preservative, with sufficient frequency to prevent deterioration. All such portions shall be cleaned and free of flaking, loose or defective surfacing materials prior to painting or coating. All interior loose or peeling wall covering or paint shall be removed and the exposed surface shall be placed in a smooth and sanitary condition. No paint shall be used for interior painting of any dwelling or dwelling unit that exceeds the amount of lead paint pigment as established by the Consumer Products Safety Commission. Paint chips or paint dust shall not be left on interior or exterior surfaces of the dwelling or on the premises.

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

Section 10-234(k), "Painting," is Durham's general maintenance rule for every dwelling and dwelling unit covered by the Housing Code, and it doubles as the local lead-paint standard. Effective January 1, 1995, all exterior surfaces "not inherently resistant to deterioration" must be treated with a protective coating, paint or another suitable preservative, often enough to prevent deterioration, and those surfaces must be cleaned of flaking or defective material before recoating. Inside, any loose or peeling wall covering or paint must be stripped and the exposed surface left smooth and sanitary.

The operative lead standard follows directly: "No paint shall be used for interior painting of any dwelling or dwelling unit that exceeds the amount of lead paint pigment as established by the Consumer Products Safety Commission," and paint chips or dust cannot be left on any interior or exterior surface of the dwelling or premises. 31), which requires certified firms and specific work practices. Locally, a peeling-paint or excess-pigment condition found during a Durham housing inspection is cited as a § 10-234 fitness violation and routed through the administrator's standard complaint-and-repair process rather than a separate lead ordinance.

Violations & Fines

A peeling-paint or excess-lead-pigment condition is treated as a Housing Code fitness violation: the administrator can issue a written complaint, hold a hearing under § 10-239(e), and order the owner to repair or repaint within a set time. Firms performing lead-disturbing renovation work on pre-1978 housing without state certification face separate enforcement under the NC Lead-Based Paint Hazard Program, N.C.G.S. § 130A-453.22 through .31.

Frequently Asked Questions

Does Durham limit lead in paint used on rentals?
Yes. City Code § 10-234(k) prohibits using interior paint that exceeds the lead pigment level set by the Consumer Products Safety Commission, and requires paint chips or dust to be removed from interior and exterior surfaces. The rule has applied to all housing covered by Article VI since January 1, 1995.
Who enforces lead-paint renovation rules in Durham?
Renovation, repair and painting work that disturbs lead-based paint in housing built before 1978 is enforced by the state's NC Lead-Based Paint Hazard Program under N.C.G.S. § 130A-453.22 through .31, which requires certified firms and specific work practices, separate from the city's § 10-234 fitness inspections.
What happens if peeling paint is found in an inspection?
The city's housing administrator cites it as a § 10-234 fitness violation, issues a written complaint, and can order the owner to repair and repaint within a specified time under the § 10-239(e) hearing process.

Sources & Official References

Other rules in Durham

All Durham rules

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