W. Va. Code § 16-35 § 16-35-7
Exemptions from notification and licensure.
Operative Text
(a) Homeowners performing lead abatement or interim abatement controls on their single unit owner-occupied housing are exempt from the requirements of this article: Provided, That the provisions of this section do not apply to any residential dwelling occupied by a person or persons other than the owner or the owner's immediate family as well as to any residential dwelling where a child with a documented elevated blood lead level resides. (b) Abatement does not include renovation, remodeling, landscaping or other activities, when the purpose of such activities are not intended to permanently eliminate lead-based paint hazards, but, instead, are designed to repair, restore or remodel a given structure or dwelling, even though these activities may incidentally result in a reduction or elimination of lead-based paint hazards. Abatement also does not include interim controls, operations and maintenance activities, or other measures and activities designed to temporarily, but not permanently reduce lead-based paint hazards. (c) The provisions of this article do not apply to lead-hazard reduction activities or to persons performing such activities when such activities are performed wholly within or on an industrial facility and are performed by persons who are subject to the training requirements of OSHA: Provided, That the provisions of this article do apply to any child-occupied building or area such as a child day care center located at an industrial facility.
West Virginia Code § 16-35-7 carves out several categories of activity and property from the lead abatement notification and licensure requirements established elsewhere in Chapter 16, Article 35. Owner-occupants of a single-family home they live in with only their immediate family may perform lead abatement themselves without meeting the article's licensing rules — unless a child with a documented elevated blood lead level lives there. The exemptions also clarify that routine renovation or remodeling work is not considered 'abatement' under the article, even if it happens to reduce lead hazards as a side effect, and that industrial-facility lead work governed by OSHA training requirements falls outside the article's scope, except where children occupy part of that facility.
Plain English — not legal advice.
Rental property owners should be aware that § 16-35-7's owner-occupant exemption does not extend to any dwelling unit rented to tenants or occupied by anyone outside the owner's immediate family — meaning the notification and licensure requirements of Article 35 generally apply to rental housing built before 1978. Operators who manage pre-1978 rental units should also understand that ordinary renovation or remodeling work does not satisfy the article's definition of 'abatement,' so such projects do not substitute for compliant lead-hazard reduction when abatement is required. Compliant operators typically ensure that any work intended to permanently eliminate lead-based paint hazards in rental units is performed by appropriately licensed contractors as required by the broader article.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in pre-1978 rental housing in West Virginia should know that § 16-35-7 explicitly excludes rental units from the owner-occupant exemption, meaning landlords cannot rely on that exemption to avoid the notification and licensure obligations of Chapter 16, Article 35. If a child with a documented elevated blood lead level resides in the home, even an otherwise exempt owner loses the exemption, reflecting the heightened protections the article provides in that situation. Tenants who believe their landlord is not meeting lead abatement obligations may consider contacting the West Virginia Department of Health or a local tenant-rights organization to learn about available complaint processes and enforcement options.
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 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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