This page is general information for California property owners. It is not legal advice. The agencies named here have the final word.
Many houses in San Bernardino were built before 1978, the year lead was banned from house paint in the United States. That matters whenever old paint is scraped or sanded. This page also covers the other rules people ask about: permits, HOA approval, historic homes and storefronts.
My house was built before 1978. Do I need to worry about lead paint?
Yes, you should treat it as possible until a test says otherwise. Paint made before 1978 can contain lead. Intact paint in good shape is not the main danger. The danger is dust and chips, which are made when old paint peels or is scraped, sanded or cut. Children under six and pregnant women are most at risk.
Federal law covers this through the EPA's Renovation, Repair and Painting Rule, known as the RRP rule. It applies to homes, child care facilities and kindergartens built before 1978.
How do I know if old paint contains lead?
You find out by testing. A California certified lead inspector can test the paint and tell you which surfaces have lead. Under the RRP rule, a certified renovator can also test the parts of the house that will be worked on, with an EPA-recognized test kit or by sending paint samples to a lab.
The California Department of Public Health certifies lead inspectors through its Childhood Lead Poisoning Prevention Branch. You can check a certificate by calling its Lead-Related Construction Information Line at 1-800-597-LEAD. As a national figure, HomeGuide lists a lead inspection at $300 to $700 and a risk assessment at $500 to $1,500.
Can you paint over lead paint or must it be removed?
You can paint over lead paint when it is intact, and it does not have to be removed just because it is there. Sound old paint under sound new paint is a normal condition in older homes. The rules apply when the old paint is disturbed. Peeling lead paint cannot simply be coated. It has to be made stable with lead-safe work methods first.
Encapsulation is a different thing from a normal repaint. It uses a special coating made to seal lead paint. Full removal, called abatement, is work for CDPH certified lead professionals, not an ordinary paint crew.
What certification does a painter need for pre-1978 homes?
A painter who is paid to disturb paint in a pre-1978 home must work for an EPA certified firm and use a certified renovator. The EPA says this covers anyone paid to do work that disturbs paint in housing built before 1978, including sole proprietors. Small jobs are exempt: 6 square feet or less per room indoors, or 20 square feet or less outdoors. Window replacement and demolition are never exempt.
In California the EPA runs this program itself. The state adds its own layer: CDPH certifies the inspectors, supervisors and workers who do lead abatement, and CDPH says a contractor's license is not a substitute for its lead certificate. Ask any painter you are considering to show you their EPA firm certificate before work starts on an older house, and ask us the same.
The RRP rule does not apply to owners working on a home they live in. It does apply if you rent out all or part of the home.
Do lead rules change the price?
Yes, lead-safe work costs more on the parts of the job that disturb old paint. The crew has to contain the work area with plastic, avoid open-flame burning and power sanding without dust control, clean with HEPA vacuums and wet wipes, and keep records. That is extra labor and material. No published figure gives the added price for lead-safe painting, so we price it after seeing how much scraping the job needs.
Full lead removal is a separate and larger cost. HomeGuide lists it nationally at $6 to $17 per square foot, with encapsulation at $6 to $10 per square foot.
Who is responsible for lead paint disclosure on a rental?
The landlord is. Under the federal Lead-Based Paint Disclosure Rule, before a lease is signed on housing built before 1978, the landlord must disclose any known lead-based paint and hazards and give the tenant the EPA pamphlet Protect Your Family From Lead in Your Home. Sellers have the same duty and must also give buyers 10 days to have the home inspected for lead.
Landlords who hire painters for pre-1978 rentals are also inside the RRP rule. So are their own maintenance staff.
Do I need a permit to paint the outside of my house?
No, not for painting alone in most cases. Painting is finish work, and building permits are for construction, structural, electrical, plumbing and mechanical work. We have not found a painting permit requirement for houses in the City of San Bernardino.
There are edge cases. Scaffolding that sits on a public sidewalk or street can need a permit from the city. Repairs that go with the painting, such as replacing large areas of stucco or rebuilding a patio cover, can need one too. The city's Building & Safety Division can confirm for your address.
Do I need HOA approval to change my exterior color, and can the HOA fine me?
If you live in an HOA, you very likely need approval before changing the exterior color, and yes, the HOA can fine you if you skip it. The rules are in your community's governing documents. Many associations in newer parts of San Bernardino, Highland, Fontana and Rancho Cucamonga keep a list of approved color schemes.
California's Davis-Stirling Act sets the process for penalties. Under Civil Code section 5855, the board must give the owner written notice at least 10 days before the meeting where discipline is considered, and written notice of its decision within 14 days after. Get approval in writing first. We can supply color samples and the product details for your application.
Are there paint rules in a historic district?
There can be. Rules for historic properties are local, and they differ from city to city. Some cities review exterior changes to designated landmarks and homes in historic districts. Redlands, for example, has a Certificate of Appropriateness process run by its Planning Division for changes to designated historic properties.
Whether a color change alone needs review depends on the city and the property. If your home is a designated landmark or in a district, call the planning office before you choose colors. For San Bernardino addresses, the city's Planning Division is the place to ask.
Do I need a permit to paint a storefront or commercial building?
Usually not for the paint itself, but a storefront has more strings attached than a house. Signs are regulated, and that includes painted wall signs and often murals, so new or changed sign work normally needs a sign permit. Shopping centers have their own color and sign rules in the lease. Work over a public sidewalk can need a permit for the scaffolding or lift.
Before repainting a commercial building, check with the landlord and with the city's Planning Division. We can provide the color and product details they ask for.
Questions about an older house? Call or text (909) 487-2695.