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Kent, WA Building Safety: Lead Paint (2026)

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

Key Facts

Governing rule
KCC 9.02.535 adopts RCW 70A.420.080
Core requirement
State certification before lead-paint work
Certificate bar
1-year reapplication bar after revocation
Criminal exposure
Misdemeanor for intentional violations or fraud
Double-penalty limit
No local penalty if EPA already acted

Summary

Performing lead-based paint or renovation work in Kent without state certification is unlawful under RCW 70A.420.080, adopted into Kent City Code 9.02.535. Contractors who work without the department's certificate, or who falsify certification records, can be convicted of a misdemeanor.

9.02.535 RCW Title 70A, entitled “Environmental Health and Safety” – Adoption by reference. ... 70A.420.080 Certification required to perform lead-based paint activities – Certificate revocation – Penalties. ... (2) No individual or firm can perform, offer, or claim to perform lead-based paint activities or renovation activities without certification from the department to conduct these activities. ... (4) Any person found to commit fraud, such as falsifying documents, or intentionally violating any of the provisions of this chapter, may be convicted of a misdemeanor. ... Violations of this chapter include: (a) Failure to comply with any requirement of this chapter; ... (d) Failure to obtain certification from the department and performing work requiring certification at a jobsite; ... (5) The department may not issue a penalty if the environmental protection agency has already taken enforcement action for the same violation.

Full Breakdown

080's lead-based-paint certification rule into city law. The statute bars any individual or firm from performing, offering, or claiming to perform lead-based paint activities or renovation activities without certification from the state department administering Washington's lead-based paint activities program and the EPA's renovation, repair, and painting program. The department may deny, suspend, or revoke a certificate for violating federal work-practice standards, for obtaining the certificate through error, misrepresentation, or fraud, or for failing to maintain the certificate's required qualifications, and anyone whose certificate is revoked cannot reapply for one year.

Subsection (4) makes intentional violations, including falsifying documents, a misdemeanor; the statute lists specific violations covered, including failing to comply with any chapter requirement, refusing to provide required records or reports, obtaining certification through fraud, performing certification-required work without ever obtaining certification, and fraudulently obtaining certification to perform the work. The department cannot double-penalize a contractor if the EPA has already brought its own enforcement action for the same violation. 010(D)'s jurisdictional-assumption clause and Kent Municipal Court.

Violations & Fines

Intentionally violating the certification requirement, including performing certification-required work without ever obtaining it or falsifying certification records, is a misdemeanor. The certifying department may also deny, suspend, or revoke the offender's certificate, barring reapplication for one year, though the department may not impose its own penalty if the EPA already took enforcement action for the same violation.

Frequently Asked Questions

Do contractors need certification to do lead-paint work in Kent?
Yes. RCW 70A.420.080, adopted into Kent City Code 9.02.535, bars any individual or firm from performing, offering, or claiming to perform lead-based paint activities or renovation activities without certification from the state department that runs Washington's lead-based paint and EPA renovation, repair, and painting programs. Working without that certificate at a Kent jobsite is listed as a violation.
What happens if a contractor fakes their lead-paint certification in Kent?
Obtaining certification through fraud or misrepresentation is grounds for the state to deny, suspend, or revoke the certificate, and the statute separately makes intentional violations, including falsifying documents, a misdemeanor. A revoked contractor cannot reapply for a new certificate for one year from the revocation order's effective date.
Can a Kent contractor be penalized twice for the same lead-paint violation?
No. RCW 70A.420.080(5), adopted into Kent's code, states the department may not issue a penalty if the EPA has already taken its own enforcement action for the same violation, preventing double penalties for one instance of noncompliant lead-based paint or renovation work.

Sources & Official References

Other rules in Kent

All Kent rules

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