N.C. Gen. Stat. § § 130A-453.02
Purpose of Article.
Operative Text
(a) This Article is enacted to establish an authorized State program under section 404 of the Toxic Substances Control Act (15 U.S.C. § 2684), as enacted by Subtitle B, section 1021 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (Pub. L. 102-550, 106 Stat. 3916), that will apply in this State in lieu of the corresponding federal program administered by the federal Environmental Protection Agency. This Article requires a person who performs an inspection, risk assessment, or abatement of a child-occupied facility or target housing to be certified and establishes the procedure and requirements for certification. It also requires a person who conducts an abatement of a child-occupied facility or target housing to obtain a permit for the abatement. (b) This Article does not require the inspection, risk assessment, or abatement of a child-occupied facility or target housing under any circumstance. G.S. 130A-131.5 and the rules adopted to implement that section authorize the Department to order an abatement to eliminate a lead poisoning hazard. This Article does not expand or otherwise change that authority. (1997-523, s. 1.)
N.C. Gen. Stat. § 130A-453.02 establishes North Carolina's own state-level program for regulating lead-based paint activities in child-occupied facilities and target housing, operating in place of the corresponding federal EPA program under the Toxic Substances Control Act. Under this article, anyone who performs inspections, risk assessments, or abatements of such properties must be certified, and anyone conducting an abatement must also obtain a permit. Importantly, the article does not itself mandate that any inspection, risk assessment, or abatement be carried out — it governs who is qualified to do that work when it does occur.
Plain English — not legal advice.
Property owners and managers overseeing child-occupied facilities or target housing in North Carolina should be aware that N.C. Gen. Stat. § 130A-453.02 requires that any contractor or individual hired to inspect, assess, or abate lead-based paint hazards on those properties hold valid state certification. Operators who commission abatement work should also confirm that the contractor has obtained the required permit before work begins. While this article does not compel landlords to initiate lead-based paint activities, separate authority under G.S. 130A-131.5 allows the Department to order abatement when a lead poisoning hazard is identified.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.C. Gen. Stat. § 130A-453.02 establishes that any professional performing lead-based paint inspections, risk assessments, or abatements in child-occupied facilities or target housing must be certified by the state, and abatement work requires a permit. Tenants who have concerns about lead hazards in their homes may find it useful to know that, while this article does not itself require landlords to conduct inspections or abatements, a separate provision — G.S. 130A-131.5 — gives the Department authority to order abatement when a lead poisoning hazard exists. Tenants seeking to understand their options can consult a tenant-rights organization or contact the North Carolina Department of Health and Human Services for information about how these provisions interact.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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