N.C. Gen. Stat. § § 130A-453.09

Abatement permits.

In Force
Verified 10/26/2026 · Next check 11/25/2026
effective 10/8/2026North CarolinaLead-Based Paint

Operative Text

N.C. Gen. Stat. § § 130A-453.09
(a) Requirement. - No person shall conduct an abatement of target housing or a child-occupied facility unless the person has obtained a permit for the abatement from the Department. The Commission shall establish the procedure for obtaining a permit.
(b) Permit Fee. - An applicant for an abatement permit must pay an application fee to the Department. The fee is two percent (2%) of the contracted price for the corrective action to be performed in the abatement, not to exceed five hundred dollars ($500.00). The fee imposed under this section is a departmental receipt and shall be used by the Department to administer this Article.
(c) Exemption. - An individual who owns a single-family dwelling, conducts an abatement on the dwelling, and will reside in the dwelling after the abatement is completed is not required to obtain a permit to conduct the abatement, unless the dwelling is occupied by a person or persons other than the owner or the owner's immediate family while the abatement is being performed, or a child residing in the building has been identified as having an elevated blood lead level. If a permit is required, an individual who performs an abatement of a residential dwelling that the individual owns and occupies as a residence is not required to pay a fee for the permit. (1997-523, s. 1.)
Source: Legislative text reproduced verbatim
Plain English

Under N.C. Gen. Stat. § 130A-453.09, anyone who performs a lead abatement on target housing or a child-occupied facility in North Carolina must first obtain a permit from the Department, with limited exceptions for owner-occupants of single-family dwellings. The permit application carries a fee equal to 2% of the contracted price for the corrective work, capped at $500, and those funds go toward administering the state's lead abatement program. An owner-occupant of a single-family home who performs their own abatement may be exempt from both the permit requirement and the fee, unless certain conditions apply—such as non-family occupants being present during the work or a child in the home having an elevated blood lead level.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 14, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers overseeing lead abatement work on target housing or child-occupied facilities under § 130A-453.09 generally secure the required Department permit before any abatement activity begins. Compliant operators calculate the permit fee at 2% of the contracted abatement price, submit payment up to the $500 cap, and retain documentation of the permit throughout the project. Operators also verify whether any exemption conditions—such as non-family occupants present during work or a child with elevated blood lead levels—affect the permit or fee obligations for a given property.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section 130A-453.09 establishes that tenants living in target housing or child-occupied facilities are protected by a permitting requirement that must be satisfied before any lead abatement work is legally conducted on the property. If a tenant believes abatement is being performed without the required permit, or that a child in the home with an elevated blood lead level triggers permit obligations that are being ignored, they may consider contacting the North Carolina Department of Health and Human Services to inquire about compliance. Tenant-rights organizations and legal aid services can help residents understand how this provision applies to their housing situation and what options exist for raising a potential violation.

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.

Effective Timeline

Current
Oct 8, 2026
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Related Rules

§ 127H
Repealed, 1992, 407, Sec. 9
§ 127M
Repealed, 1975, 615
§ 190
Program for the prevention, screening, diagnosis and treatment of lead poisoning; lead poisoning control director; advisory committee

Source Information

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