Lead paint in Lexington is regulated primarily by federal law (EPA Renovation, Repair, and Painting Rule and HUD lead disclosure rules) and Kentucky law under KRS Chapter 217B (lead hazard reduction). Pre-1978 homes are presumed to contain lead-based paint, and renovations disturbing painted surfaces must be performed by EPA-certified RRP firms. Sellers and landlords must provide federal lead disclosure forms. The LFUCG Division of Building Inspection enforces lead safety through building permits and rental property inspections in some cases.
Lead-based paint was banned in residential use in 1978, but much of Lexington's housing stock, especially in older neighborhoods like Downtown, Chevy Chase, Bell Court, Kenwick, Ashland Park, and Northside, predates that ban and is presumed to contain lead paint. Federal law (40 CFR Part 745, the EPA RRP Rule) requires that any renovation, repair, or painting disturbing more than 6 sq ft of interior or 20 sq ft of exterior painted surface in pre-1978 housing be performed by an EPA-certified RRP firm using lead-safe work practices. Kentucky has adopted the federal program through KRS 217B and 902 KAR 47:110, with the Kentucky Department for Public Health serving as the certifying authority. Contractors and firms must be certified, workers must be trained, and specific containment, cleaning, and verification procedures must be followed. Federal lead disclosure law (24 CFR Part 35 and 40 CFR Part 745 Subpart F) requires sellers and landlords of pre-1978 housing to provide the EPA pamphlet, disclose known lead-based paint, and attach a Lead Warning Statement to sales contracts and leases. Buyers have a 10-day opportunity to conduct lead inspection before purchase. Childhood lead poisoning cases in Lexington are reported to the Lexington-Fayette County Health Department, which can investigate and order abatement of hazardous conditions in rental properties. Violations of federal RRP rules carry penalties up to 37,500 dollars per violation per day. LFUCG building permits for renovation of pre-1978 homes typically require RRP-certified contractors. DIY renovation of your own home is exempt from certification requirements but not from disclosure rules for later sale or rent.
Contact your local code enforcement office for specific penalty information.
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