Rules and Regulations
The Oregon Health Authority's Lead-Based Paint Program regulates the activities of businesses, agencies and/or individuals who work with lead-based paint. All certification and regulatory requirements are developed from current laws.
- Oregon Revised Statutes (ORS) define the laws governing the activities and scope of the Lead-Based Paint Program.
- Oregon Administrative Rules (OAR) determine how those laws are implemented.
Statutes and rules pertaining to OHA's lead-based paint program include:
Oregon Revised Statutes
- ORS 431A.350 - Lead Poisoning
- ORS 431A.353 - Definitions for ORS 431A.355 and 431A.358
- ORS 431A.355 - Power of OHA to Regulate Lead-Based Paint Activities
- ORS 431A.358 - Performance of Lead-Based Paint Activities Without Certification Prohibited
- ORS 431A.363 - Civil Penalty for Violation of ORS 431A.355 or 431A.358
Oregon Administrative Rules
- OAR 333-069 - Certification of Individuals and Firms Engaged in Lead-Based Paint Activities and Accreditation of Training Programs for Professionals Engaged in Lead-Based Paint Activities
- OAR 333-070 - Pre-Renovation Education and Renovation, Repair, and Painting Activities Involving Lead-Based Paint.
Statutes and rules pertaining to the Oregon Construction Contractors Board (CCB) include:
- ORS (701.505) - Definition for ORS 701.505 to 701.515
- ORS (701.515) - Licensing System
- OAR 812-007 - Licensing of Individuals and Firms Engaged in Lead-Based Paint Activity
Complying with Regulations
Renovation, Repair and Painting Rule
The Renovation, Repair and Painting Rule requires contractors, agencies and businesses conducting renovation, repair and painting on pre-1978 homes and child-occupied facilities where children under 6 attend to be certified in lead-safe work practices.
The Environmental Protection Agency (EPA) issued the Renovation, Repair and Painting (RRP) rule on April 22, 2008 to protect children and adults against the hazardous lead dust and chips that are disturbed during common renovation activities like sanding, cutting, and demolition. In 2010, EPA gave the Oregon Construction Contractors Board (CCB) and the Oregon Health Authority the authority to administer the rule in Oregon.
Lead Abatement and Inspection
Lead Abatement and Inspection refers to work that is done for the specific purpose of permanently removing lead-based paint and lead-based paint hazards from a home. To perform lead-based paint abatement requires additional specialized training. Lead paint abatement services include abatement, inspection and risk assessment. Read more at EPA's Lead Abatement Website.
Oregon Occupational Safety and Health (OSHA) Rules
OSHA's Lead in Construction Standard (pdf) outlines worker protection requirements for construction workers exposed to lead. The standard includes requirements addressing exposure assessment, methods of compliance, respiratory protection, protective clothing and equipment, hygiene facilities and practices, medical surveillance, medical removal protection, employee information and training, signs, recordkeeping and observation of monitoring.
OR-OSHA also provides in-depth, hands-on training for employers looking to improve or audit their occupational health and safety programs confidentially and free of charge. More information can be found on their Consulation Services website.
For information about OR-OSHA's occupational lead standards and regulations call 1-800-922-2689 or visit OR-OSHA's Web site. Additional information can be found on Oregon OSHA's Topic Index Page for Lead.
Oregon Department of Environmental Quality (DEQ) Requirements
Oregon DEQ is responsible for managing proper disposal of potentially hazardous wastes, including lead-based paint debris and waste water. Learn more about proper disposal of lead-based paint waste from residential households (pdf). The household waste exclusion does not apply to commercial, public or other non-residential child-occupied facilities.
For more information on waste management and disposal of lead-based paint debris and waste water visit DEQ's Web site or call 1-800-452-4011.
U.S. Housing and Urban Development (HUD) Rule
HUD's Lead-Safe Housing Rule applies to every home built prior to 1978 that receives federal housing assistance where greater than 2 square feet of interior, or 20 square feet of exterior lead-based paint is disturbed during renovation, repair or painting. If you work in federally-assisted target housing, certain actions are required to address lead hazards and work practice standards may differ from the EPA's Renovation, Repair and Painting requirements.
Finding out whether the work is receiving federal housing assistance and how much, is important because additional requirements may affect the project. See HUD's guidance on the differences between EPA's RRP regulations and the HUD Lead-Safe Housing Rule (pdf).
Local Lead-Based Paint Regulations
Local, county or city agencies may have their own lead-based paint regulations. Check with local agencies to obtain information on their regulations and compliance requirements.
In addition, Senate Bill 871, passed in 2017, allows any city in Oregon to establish a program by ordinance that requires individuals and contractors to follow certain best practices when demolishing pre-1978 residences. The bill also requires contractors to submit proof of holding one of four certifications as defined in OAR 333-068.
Lead-Based Paint Violations
The following table shows violations of the Renovation, Repair and Painting and the Lead-Based Paint Activities Rules under Oregon Health Authority since 2014.