216 R.I. Code R. 50-15-5 § 216-RICR-50-15-5 § 5.8

Environmental Lead Standards

In Force
Verified 10/26/2026 · Next check 11/25/2026
effective 5/24/2026Rhode IslandLead-Based Paint

Operative Text

216 R.I. Code R. 50-15-5 § 216-RICR-50-15-5 § 5.8
5.8.1Lead Mitigation Standards
A.All lead-based paint, including pre-1978 painted surfaces required to be assumed positive, must be intact with no paint or coating on a damaged or deteriorated component; no surface which has loose, delaminating, flaking, peeling, chipping, chalking, or blistering paint; no paint that is otherwise becoming separated from the substrate; no paint which is abraded by friction or impact, shows evidence of teeth marks, or is damaged by water;
B.All surfaces must be clean and free of lead dust, paint chips or debris; and
C.All horizontal surfaces except ceilings (e.g. floors, stairs, window sills, window wells) must be covered with a smooth, cleanable covering or coating.
5.8.2Lead-Safe Standards
A.All painted surfaces constructed after January 1, 1978 (post-1978) are assumed to be below the lead-safe threshold shown in § 5.8.5 of this Part, unless proven otherwise; paint testing is not required.
B.For post-1978 construction, dust, soil, and water testing are required to determine if these media are below the lead-safe thresholds shown in § 5.8.5 of this Part.
C.All painted surfaces constructed before January 1, 1978 (pre-1978), must be assumed to exceed the lead-safe threshold shown in § 5.8.5 of this Part, unless proven otherwise.
F.For pre-1978 construction, paint, dust, soil, and water must be tested to determine if these media are below the lead-safe thresholds shown in § 5.8.5 of this Part.
G.A Full Lead-Safe Certificate (Form PBLC-21) documents that the lead concentrations in all media (paint, dust, soil, and water) at a child care center, dwelling, or dwelling unit and common areas are below the lead-safe thresholds shown in § 5.8.5 of this Part and no action is required.
5.8.3Conditional Lead-Safe Standards
A.Intact paint, above the lead-safe thresholds shown in § 5.8.5 of this Part, is conditionally lead safe and constitutes a potential lead exposure hazard if the paint is disturbed, vulnerable to friction or impact, or the intact paint condition is not maintained.
B.Covered soil, above the lead-safe threshold shown in § 5.8.5 of this Part, is conditionally lead safe and constitutes a potential lead exposure hazard if the soil is disturbed, the ground covering is not maintained or is vulnerable to erosion.
C.Ongoing monitoring, routine repair and maintenance, and renewal inspections are required to maintain a Conditional Lead-Safe Certificate (Form PBLC-15) when the lead concentrations in paint and/or soil exceed the lead-safe thresholds shown in § 5.8.5 of this Part.
D.Intact paint and/or covered soil that were not tested may be considered conditionally lead safe for as long as the intact paint condition and/or soil coverings are maintained.
5.8.4Lead Hazard Standards
A.Lead hazard means that the lead concentrations in paint, dust, soil, and/or water are above the lead-safe thresholds shown in § 5.8.5 of this Part.
1.Damaged paint, interior dust, bare soil, and/or drinking water above the lead-safe thresholds shown in § 5.8.4 of this Part constitute immediate lead exposure hazards which require corrective action to a lead-safe concentration or condition at a regulated facility, pursuant Part 12 of this Subchapter.
B.Damaged paint and/or bare soil that were not tested must be assumed to constitute a lead hazard requiring corrective action to at least a lead-safe condition.
5.8.5Environmental Lead Standards
Media
Lead Safe
Conditionally Lead Safe
Lead Hazard
Paint
All Paint
Intact Paint
Damaged Paint
2
= 5,000 ppm
= 1.0 mg/cm2
= 5,000 ppm
= 1.0 mg/cm2
Dust
Floors
2
N/A
= 5 µg/ft2
Sills
2
N/A
= 40 µg/ft2
Wells
2
N/A
= 100 µg/ft2
Any Other Surface
2
N/A
= 10 µg/ft2
Soil
All Soil
Covered Soil
Bare Soil
= 400 ppm
= 400 ppm
Water
N/A
= 15 ppb
A.Lead clearance standards are lead concentrations or conditions that meet the full lead-safe or conditional lead-safe standards and are less than the lead hazard concentrations and conditions shown in § 5.8.5 of this Part.
Source: Legislative text reproduced verbatim
Plain English

Section 216 RICR 50-15-5 § 5.8 establishes a tiered framework of environmental lead standards for dwellings, dwelling units, and child care centers in Rhode Island. It defines three status levels—Lead Mitigation, Lead-Safe, and Conditional Lead-Safe—based on measured concentrations of lead in paint, dust, soil, and water relative to specific numeric thresholds. Properties that exceed those thresholds in damaged paint, interior dust, bare soil, or drinking water are classified as lead hazards and must undergo corrective action under the applicable regulatory process.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 15, 2026

Plain English — not legal advice.

For Property Managers

Operators of pre-1978 residential properties must treat all painted surfaces as presumptively above the lead-safe threshold under 216 RICR 50-15-5 § 5.8 unless testing demonstrates otherwise, and must arrange testing of paint, dust, soil, and water to determine the property's classification. Compliant operators maintain intact paint, clean surfaces free of lead dust and debris, and smooth cleanable coverings on horizontal surfaces, and they pursue the appropriate certificate—either a Full Lead-Safe Certificate (Form PBLC-21) or a Conditional Lead-Safe Certificate (Form PBLC-15)—depending on test results. Properties with a Conditional Lead-Safe Certificate require ongoing monitoring, routine maintenance, and renewal inspections to preserve that status.

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

For Tenants

Under 216 RICR 50-15-5 § 5.8, tenants in pre-1978 housing have an interest in knowing whether their dwelling has been tested and certified under Rhode Island's lead standards, since damaged paint, bare soil, interior dust, or drinking water above the regulatory thresholds constitutes a lead hazard requiring corrective action. Tenants who observe peeling, chipping, or otherwise deteriorating paint—or who have not received documentation of a current lead certificate—may contact the Rhode Island Department of Health or a local tenant-rights organization to understand available complaint and inspection processes. Raising a landlord's failure to comply with § 5.8 standards may also be relevant as a defense or claim in housing court proceedings.

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 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
May 24, 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

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