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Federal rules

The lead-safe rule on older Maine houses

More than half the homes in the Portland metro were built before 1980. On any built before 1978, a window replacement is always covered by the federal lead-safe rule.

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In short

On a home built before 1978, a contractor paid to disturb painted surfaces has to be an EPA-certified firm, has to have a certified renovator directing the work, has to hand you EPA's Renovate Right pamphlet before work starts, and has to contain the dust and clean up to a set standard.

How much of the housing here it reaches

CountyHousing unitsBuilt before 1980Before 1940
Cumberland County153,28654.9%23.4%
Sagadahoc County19,23954.1%27.1%
York County115,09149.9%19.9%

The lead rule turns on 1978 and the Census table breaks at 1980, so these shares slightly overstate the pre-1978 count.

Cumberland County leads: 54.9% of its homes predate 1980 and 23.4% predate 1940, with Portland's old neighborhoods a large part of that. In Sagadahoc County, where Bath's shipbuilders' houses stand, 27.1% are from before 1940. Every town page gives its own Census figure.

When the rule applies

It covers paid work on pre-1978 housing that disturbs paint. Small exterior jobs, under 20 square feet of painted surface, are exempt, with two exceptions that catch these trades: replacing a window is covered at any size, and so is demolishing a painted surface, which is what tearing off painted clapboards or trim is.

What it looks like on a Maine job

  • Plastic sheeting on the ground well out from the wall, weighted against the wind off the water.
  • Painted clapboards and trim taken off whole where possible, not shattered or power-sanded.
  • Window sashes and stops removed inside a contained work area, with the floor covered.
  • A cleaning check at the end, and a record of the work kept for three years.

What you are owed

  • The Renovate Right pamphlet before the work begins.
  • A certified renovator assigned to the job.
  • A copy of the compliance record within 30 days of the job finishing.

Old siding has a second question

Many houses here were wrapped in asbestos-cement shingles in the middle of the last century. They are inert while intact and a hazard once broken, cut or sanded, so a sample gets tested before anything is torn off. Covering them with new siding is a legitimate choice; it should be made on purpose, after the test.

Where this comes into the work

Sources: ecfr.gov · ecfr.gov · epa.gov · epa.gov · censusreporter.org · censusreporter.org · censusreporter.org · censusreporter.org

Common questions

My house was built in 1977. Does the rule apply?
Yes: the line is 1978. A house finished before then is presumed to have lead paint unless a certified inspector or risk assessor finds none, or the components being disturbed test clean.
Can I do the work myself and skip all this?
The federal rule binds paid contractors, not owners working on their own homes. The dust is just as harmful either way, so the same containment makes sense, especially with children in the house.
Does the rule apply to storm windows?
Installing a storm window that disturbs no paint is outside it. Removing old painted storm sash or trim to fit one is not, if the house is pre-1978.
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