Most homes in Boston were built before 1978, the year lead paint was banned for homes in the United States. Old layers under the top coat may contain lead. That changes how a painter is allowed to scrape and sand. Massachusetts runs its own lead programs, and they are stricter than in many states.
This page is general information for Massachusetts property owners. It is not legal advice. The agencies named here have the final word, and rules change.
My house was built before 1978. Do I need to worry about lead paint?
Yes, you should assume a house built before 1978 may have lead paint until a test says otherwise. Lead paint that is intact and covered is a low risk. The danger is dust and chips, which come from peeling paint, from friction on windows and doors, and from sanding or scraping. The state's Lead Law says owners must remove or cover lead paint hazards in homes built before 1978 if a child under 6 lives there.
How do I know if old paint contains lead?
The only way to know if paint contains lead is to test it. A licensed lead inspector can test every surface and give you a report. Nationally, HomeGuide puts a lead inspection at $300 to $700 and a risk assessment at $500 to $1,500. Store test kits cost $20 to $30 and give a rough answer for one spot. Your home may already have an inspection report or a Letter of Compliance from an earlier owner, so ask for it.
Can you paint over lead paint or must it be removed?
Sound lead paint can often be painted over, and it does not always have to be removed. But ordinary paint is not a legal fix for a lead hazard under the Massachusetts Lead Law. Where a child under 6 lives, the hazards must be removed or covered by approved methods. The state says some of that work must be done by a licensed deleader, and that owners can do most of the rest themselves once they are trained and authorized. Encapsulation uses a special approved coating, not house paint.
For a normal repaint with no child under 6 in the home, the usual approach is to keep the old paint intact, repair loose areas with lead-safe methods and coat over it.
What certification does a painter need for pre-1978 homes?
In Massachusetts, the state says a licensed lead-safe renovation contractor must be used when renovating, repairing or painting a home built before 1978. The license is issued by the Department of Labor Standards under its regulation 454 CMR 22.00. The federal version is the EPA's Renovation, Repair and Painting rule, which requires certified firms and trained renovators. Massachusetts is one of the states the EPA has authorized to run this program itself.
The federal rule applies when more than 6 square feet of painted surface is disturbed inside, or more than 20 square feet outside. Ask any painter who will scrape or sand in your older home to show the license. Ask us about it when we look at your job.
Do lead rules change the price?
Yes, lead-safe work usually raises the price of a job, because containment and cleanup take time. Plastic goes down, dust is controlled, chips are collected and the area is cleaned and checked at the end. The amount depends on how much old paint is disturbed. Full lead removal is a different and much larger job: HomeGuide gives $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 responsible for disclosure. In Massachusetts, a landlord must give a new tenant the Tenant Lead Law Notification and Certification form, plus a copy of the most recent lead inspection report and any Letter of Compliance if they exist. A seller must give a buyer the Property Transfer Lead Paint Notification. The Childhood Lead Poisoning Prevention Program at the Department of Public Health runs the Lead Law and answers questions about it.
Do I need a permit to paint the outside of my house?
No. Painting does not need a building permit in Massachusetts. The state building code, 780 CMR, lists painting, papering and similar finish work as exempt from a permit. That covers Boston and every town around it. Two things can still need permission: staging or a lift that sits on a public sidewalk or street, and exterior changes in a historic district.
Do I need HOA approval to change my exterior color, and can the HOA fine me?
If your home is in a condo or homeowners association, read the rules before you pick a color. Most HOA and condo documents say the association controls the outside of the building, and many set approved colors. Whether the HOA can fine you depends on those documents. In Boston this comes up most with condos in converted triple-deckers and rowhouses, where the owners share the exterior and must agree on the work and the cost.
Are there paint rules in a historic district?
Yes, in some. Boston has several historic districts, each with a commission that reviews exterior changes that can be seen from a public way. The Historic Beacon Hill District guidelines say paint colors shall be original or otherwise historically appropriate, and that masonry facades shall not be painted unless the building was painted originally. Other districts have their own standards.
Somerville, Cambridge, Brookline, Newton, Arlington and Belmont also have local historic districts. Before changing an exterior color in any of them, ask the commission or the city whether review is needed. We can supply color samples for an application.
Do I need a permit to paint a storefront or commercial building?
Painting a storefront or commercial building does not need a building permit under the state code either. A new or changed sign is different and usually needs its own permit. Staging on the sidewalk needs permission from the city. A storefront in a historic district, or in a building with a landlord, also needs their approval. Check all three before work starts.
Questions about a job in an older building? Call or text (617) 553-6484.