Homes built before 1978 may have lead in the older paint layers, and Honolulu has many of them. A federal rule sets how paid contractors must work in those homes. This page covers that rule, and then the local questions about permits, associations and historic buildings.
This page is general information for Hawaii homeowners and landlords. It is not legal advice. For your own case, check with the agency named or with a lawyer.
My house was built before 1978. Do I need to worry about lead paint?
You need to be careful, not alarmed. Lead-based paint was banned for home use in the United States in 1978, so any home older than that may have it. Paint that is intact and covered by newer coats is a low risk. The risk comes from dust and chips when old paint is sanded, scraped, cut or left to peel. Young children and pregnant women are most at risk.
Older areas such as Kaimuki, Manoa, Kalihi, Kapahulu, Makiki and old Waipahu have many pre-1978 houses, often with thick layers of old paint on single-wall boards.
How do I know if old paint contains lead?
You cannot tell by looking. You have to test for lead. A certified lead inspector or risk assessor can test the paint, and a contractor certified under the federal rule may use an EPA-recognized test kit on the surfaces to be disturbed. HomeGuide lists a lead inspection at $300 to $700 and home test kits at $20 to $30 as national figures. If nobody has tested, the federal rule tells contractors to treat pre-1978 paint as lead paint.
Can you paint over lead paint or must it be removed?
In many cases you can paint over lead paint that is intact, and it does not have to be removed. Sound paint with a fresh coat over it keeps the lead sealed in. A special coating called an encapsulant can be used for the same purpose. Where the old paint is peeling, or on surfaces that rub, such as windows and doors, the loose material has to be dealt with using lead-safe methods before any new coat.
Full removal is abatement, which is a different, regulated activity. In Hawaii the Department of Health's Indoor and Radiological Health Branch runs the lead abatement program under Hawaii Administrative Rules Title 11, Chapter 41. Its number is (808) 586-5800.
What certification does a painter need for pre-1978 homes?
A painter paid to disturb paint in a pre-1978 home must work for a firm certified by the EPA under the Renovation, Repair and Painting rule, known as the RRP rule, and a certified renovator must be assigned to the job. Hawaii does not run its own RRP program, so the EPA administers the rule here directly.
The rule applies when the work disturbs more than 6 square feet of painted surface per room inside, or more than 20 square feet outside. It requires giving you the EPA pamphlet Renovate Right before work starts, containing the work area, banning certain dusty methods, and cleaning up in a set way. Ask any painter you are considering to show their EPA firm certificate. The rule covers paid contractors and landlords' own crews. It does not cover a homeowner working on their own home, though the same care is wise.
Do lead rules change the price?
Yes. Lead-safe work adds to the price and to the time, because of the plastic sheeting, the slower scraping and sanding methods and the cleanup. No published figure exists for that extra on a paint job. For work beyond painting, HomeGuide lists encapsulation at $6 to $10 per square foot and removal at $10 to $17 per square foot as national figures. A painting quote that is far lower than the others on an old house may have left the lead-safe steps out.
Who is responsible for lead paint disclosure on a rental?
The landlord is. Under the federal lead disclosure rule, a landlord or seller of most housing built before 1978 must disclose any known lead-based paint and hazards, hand over any reports, and give the EPA pamphlet Protect Your Family From Lead in Your Home before the lease or sale is signed. Landlords who have paid work done on a pre-1978 rental also fall under the RRP rule.
Do I need a permit to paint the outside of my house?
No, not in Honolulu. The City and County of Honolulu lists painting among the work that does not need a building permit, under section 18-3.1 of the Revised Ordinances of Honolulu. That covers all of Oahu, since the island is one county. If the job grows into repairs, such as replacing siding or structural wood, ask the Department of Planning and Permitting whether that part needs a permit.
Do I need HOA approval to change my exterior color, and can the HOA fine me?
If you live in a condo or a planned community, you very likely need approval before changing an exterior color. A large share of Oahu homes are in associations, from Waikiki condos to the subdivisions of Ewa Beach, Kapolei, Mililani and Hawaii Kai. The HOA's declaration, bylaws and design rules say what you may change and what happens if you do not ask. Many allow fines or can require you to repaint.
In a condo, the outside of the building is normally common property that the association paints. An owner usually controls only the inside of the unit. Read your documents or ask the managing agent first. We can give you color samples and product sheets for an application.
Are there paint rules in a historic district?
There can be. Honolulu has special districts in its Land Use Ordinance, including Chinatown and Waikiki, and some homes and buildings are listed on the Hawaii or National Register of Historic Places. An owner of a listed property or a building in a special district should ask before changing outside colors or materials. The offices to ask are the city's Department of Planning and Permitting and the State Historic Preservation Division. We have not listed the detailed rules here because they depend on the property.
Do I need a permit to paint a storefront or commercial building?
Painting a storefront does not itself need a building permit under the same city rule. Other things around the job may need approval. Signs have their own rules. Staging or a lift on a public sidewalk needs the city's permission. A building in the Chinatown or Waikiki special district may need a review of exterior changes. A tenant also needs the landlord's consent under the lease. Check with the Department of Planning and Permitting for your address.
The Honolulu Painting Company is licensed and insured. For a pre-1978 home, ask us how the job would be handled. Call (808) 201-4302.