Homes built before 1978 may contain lead paint, and federal rules cover paid work that disturbs it. Florida has no lead renovation program of its own, so the federal EPA rule applies here directly. This page also covers permits, HOA approval and historic districts for painting in Miami-Dade.
This page is general information for Florida property owners. It is not legal advice. For a legal question, ask the agency named or a Florida attorney.
My house was built before 1978. Do I need to worry about lead paint?
Yes, you should assume lead paint may be present in a house built before 1978 until a test says otherwise. Lead was banned from house paint in the United States in 1978. The older the house, the more likely it is.
Lead paint that is intact and covered is a low risk. The danger comes from dust and chips made by sanding, scraping, cutting or demolition. Children and pregnant women are most at risk. Large parts of Miami, Hialeah, North Miami, Miami Beach and Coral Gables were built well before 1978.
How do I know if old paint contains lead?
The only way to know if paint contains lead is to test it. A certified lead inspector or risk assessor can test the surfaces, and a certified renovator can use an EPA-recognized test kit on the areas to be disturbed.
HomeGuide publishes a lead inspection at $300 to $700 and a risk assessment at $500 to $1,500, as national figures. Store test kits are listed at $20 to $30, but a home kit result is not a formal inspection.
Can you paint over lead paint, or must it be removed?
You can paint over lead paint that is intact, and it does not have to be removed. Covering sound lead paint with new paint or a special encapsulating coating is an accepted way to manage it. What you must not do is dry sand, dry scrape or burn it.
Paint that is peeling or on a rubbing surface such as a window sash or door edge is different. It makes dust and needs lead-safe repair. Full removal is abatement, which is specialist work. HomeGuide publishes encapsulation at $6 to $10 per square foot and removal at $10 to $17 per square foot.
What certification does a painter need for pre-1978 homes?
A painter paid to disturb paint in a pre-1978 home must work for an EPA certified firm and the job must be run by a certified renovator. This is the federal Renovation, Repair and Painting Rule, known as RRP.
The Florida Department of Health states that Florida does not have its own RRP program, so people who renovate or repair houses, child care centers and schools built before 1978 in Florida must comply with the federal EPA program. The rule applies when more than 6 square feet of paint per room inside, or more than 20 square feet outside, is disturbed. The firm must also give you the EPA pamphlet called Renovate Right before work begins.
Ask any painter, including us, to show the firm's EPA certificate before work starts on an older home. You can also search for certified firms on the EPA website.
Do lead rules change the price?
Yes, lead-safe work can raise the cost of a job, because it adds steps. The crew must contain the work area with plastic, avoid methods that make dust, clean with a HEPA vacuum and wet wipes, and check the cleaning at the end.
How much it adds depends on how much old paint is disturbed. A repaint over sound paint with light prep is barely affected. Heavy scraping on an old wood house is affected a lot. No published figure covers this extra, so we price it after a visit.
Who is responsible for lead paint disclosure on a rental?
The landlord is. Under the federal lead disclosure rule, landlords and sellers of most housing built before 1978 must disclose any known lead paint and hazards, hand over any reports they have and give the tenant or buyer the EPA pamphlet Protect Your Family From Lead in Your Home. A lease must include a lead warning statement.
Landlords are also covered by the RRP rule when they or their staff do paint-disturbing repairs in pre-1978 rentals.
Do I need a permit to paint the outside of my house in Miami?
No, in most cases. The City of Miami lists painting the interior or exterior of a building as work that does not need a building permit. Miami-Dade County's exemption list for unincorporated areas, such as Kendall, also includes interior and exterior painting, and so does the City of Doral's list for homes.
There are limits. The City of Miami says that if the painting project affects the stucco, you need a permit. Miami-Dade says a waterproofing roof coating needs a permit. Each city in the county runs its own building department, so check with yours if the job goes beyond paint.
Do I need HOA approval to change my exterior color, and can the HOA fine me?
Almost always yes, if you live in an HOA or condo. Most associations in Miami-Dade require written approval before you change an exterior color, and many have a set list of approved schemes. Even a repaint in the same color may need a notice.
An HOA can fine an owner who breaks its rules. Florida's homeowner association law, Chapter 720 of the Florida Statutes, sets out how fines work, and condos fall under Chapter 718. Read your own documents for the amounts and the hearing process. In a condo, the outside of the building, including the balcony walls, usually belongs to the association and is not yours to paint.
Are there paint rules in a historic district or in Coral Gables?
Yes, they can apply. In a local historic district, exterior changes are reviewed by the city's historic preservation office, and that can include color. Ask that office before you buy paint. Miami, Miami Beach and Coral Gables all have historic districts.
Coral Gables reviews exterior paint colors across the city, not only on historic buildings. The city asks for the paint maker, color name and number with color photos of the building. Approval comes from the City Architect or Board of Architects, with historical review where it applies. The city publishes lists of pre-approved colors.
Do I need a permit to paint a storefront or commercial building?
Painting a storefront or commercial building does not normally need a building permit, for the same reason as a house. Things that go with it often do: signs, awnings, murals, stucco repair and any sidewalk closure for lifts or scaffolding.
Coral Gables asks for color review on commercial buildings and may ask for drawings showing the colors. Tenants should also check the lease, since many landlords and shopping centers control storefront colors.
We serve Miami, Miami Beach, Coral Gables, Hialeah, Doral, Kendall, North Miami, Miami Gardens, Pinecrest, Cutler Bay, Miami Lakes, Homestead and Aventura. The number is (786) 745-7109.