Cal. Civ. Code § 460.105

Lead Hazards: The Emergency Lead Management Plan and Interim Control

In Force
Verified 10/26/2026 · Next check 11/2/2026
effective 9/30/2026MassachusettsState Additions

Operative Text

Cal. Civ. Code § 460.105
Unless ineligible under 105 CMR 460.100, the owner of a dwelling unit may obtain a Letter of
           Interim Control and delay full compliance for the interim control period, provided the following
           conditions of the Emergency Lead Management Plan are met.

           (A) Risk Assessment. A licensed risk assessor shall conduct a risk assessment of the dwelling unit and
           all relevant common areas upon the request of the owner, to identify urgent lead hazards and specify
           the measures necessary for interim control. The risk assessment shall be performed accordance with
           guidelines established by the Director and must include:
                (1) Identification of loose lead paint;
                (2) Identification of structural defects;
                (3) Assessment of window conditions; and
                (4) Dust sampling.

           (B) Performance of Work. Any abatement or containment work necessary to meet the requirements
           of the Emergency Lead Management Plan for interim control must be performed by authorized persons,
           in accordance with 105 CMR 460.000 and 454 CMR 22.00. Deleading and Lead-safe Renovation
           Regulations.

           (C) Risk Assessment Reinspection(s).
              (1) Risk assessment reinspection(s) shall be conducted to ensure that all interim controls recorded
              on the risk assessment report as necessary to meet the conditions of 105 CMR 460.105(A) have
              been completed in a workmanlike manner. Dust samples shall be taken in accordance with the
              lead dust monitoring protocol issued by the Director, and the dust monitoring standards of 105
              CMR 460.170 must be met. The owner shall supply the risk assessor with a written statement that
              the owner or owner’s agent has completed any required structural repair or lead dust cleanup, on
              a form approved by the Director.
              (2) If abatement work was done which required occupants to be relocated from the unit,
              pursuant to 105 CMR 460.160(A), the risk assessment reinspection shall constitute the
              reoccupancy reinspection, and any additional requirements of 105 CMR 460.760(A) not included
              in 105 CMR 460.105(C) shall also be met.
              (3) If abatement and/or containment activities or structural repairs were carried out after
              reoccupancy, the risk assessor shall conduct another risk assessment reinspection at the conclusion
              of the work.

           (D) Issuance of a Letter of Interim Control. In order to obtain a Letter of Interim Control, the owner
           shall complete all interim controls necessary to meet the Emergency Lead Management Plan
           requirements, and must also meet the documentation requirements set forth in 105 CMR
           460.105(D)(1). A Letter of Interim Control must be issued to qualify for that portion of the state
           income tax credit set aside for interim control under 830 CMR 62.6.3: Lead Paint Removal Credit.
               (1) Requirements.
                   (a) Documented use of risk assessors is required to obtain a Letter of Interim Control. If
                   abatement or containment work was required to meet the standard of interim control,
                   documentation of work by an authorized person is also required.
                   (b) Documentation of authorized risk assessment and reinspection shall consist of risk
                   assessment reports and risk assessment reinspection reports completed by licensed risk
                   assessors.
                   (c) Documentation of abatement and/or containment work by an authorized person shall
                   consist of an invoice, on a form approved by the Director, bearing the professional letterhead
                   of the licensed deleader or authorized person with his or her license number, including a signed
                   statement that the authorized person has fully complied with the applicable requirements of 105
                   CMR 460.000 and 454 CMR 22.00: Deleading and Lead-safe Renovation Regulations.
                   For authorized owners and owner’s agents, documentation of authorized abatement and
                   containment work shall be made on a form approved by the Director.
               (2) Letter of Interim Control. A Letter of Interim Control shall be issued by a risk assessor, on
               a form approved by the Director, when he or she determines that a dwelling unit and common
               areas are in compliance with, for the limited time period allowed by M.G.L. c. 111, § 197(b), the
               conditions of 105 CMR 460.000 and 454 CMR 22.00: Deleading and Lead-safe Renovation
               Regulations. The Letter of Interim Control shall state a date of expiration that shall be one year
               from the date of issue.

(E) Maintenance and Monitoring. An owner of a dwelling unit or residential premises that has been
           issued a Letter of Interim Control shall take reasonable care to ensure that all required interim control
           measures remain in place and are effective. The owner shall also take reasonable care to promptly
           correct any failure of interim controls, or address any new urgent lead hazards. Failure to maintain the
           dwelling unit or residential premises under the conditions of Interim Control may invalidate the Letter
           of Interim Control.

           (F) Recertification.
              (1) Before the end of the one-year period of validity of a Letter of Interim Control, an owner must
              either abate and/or contain the dwelling unit or residential premises to achieve full compliance, or,
              no sooner than 30 days before the expiration date of the Letter of Interim Control, have the unit
              or premises reinspected by a licensed risk assessor, in accordance with M.G.L. c. 111, § 197(b)
              and 105 CMR 460.105(F).
              (2) The risk assessor shall conduct a recertification reinspection in accordance with 105 CMR
              460.105(C), to ensure that the interim controls required for the unit are still in place and are being
              properly maintained. The risk assessor shall conduct a visual inspection and record the type and
              location of any urgent lead hazards on the risk assessment recertification form. If any of the
              requirements of 105 CMR 460.105(C) are not met, or if additional urgent lead hazards are
              present, these conditions must be corrected, using authorized persons when required by 105 CMR
              460.105(B). The risk assessor must return and perform another reinspection pursuant to 105
              CMR 460.105(C), and the documentation requirements of 105 CMR 460.105(D)(1) must be met.
              If the dwelling unit meets the standard of reinspection, the risk assessor shall recertify the Letter of
              Interim Control for an additional period, which in no event shall be longer than one year from the
              initial expiration date of the Letter of Interim Control.
              (3) An owner whose dwelling unit’s or residential premises’ Letter of Interim Control is recertified
              for another year under the procedures required in 105 CMR 460.105(F) shall take reasonable
              care to perform monitoring and maintenance during that second year as well, in accordance with
              105 CMR 460.105(E).

           (G) Identification of a Child Who is Lead Poisoned in a Premises under Interim Control.
              (1) Required Post Compliance Assessment. A licensed code enforcement risk assessor shall
              conduct a post compliance assessment in any dwelling unit or residential premises with a Letter of
              Interim Control in which a child is identified as lead poisoned.
                  (a) If the licensed code enforcement risk assessor finds no urgent lead hazards as a result of
                  the risk assessment, the Letter of Interim Control shall remain valid and the risk assessor shall
                  investigate other potential sources of lead exposure as appropriate.
                  (b) If the licensed code enforcement risk assessor identifies urgent lead hazards, an Order to
                  Correct Violation(s) shall be issued, and the owner of the unit shall be required to bring the unit
                  into full compliance, in accordance with the deadlines in 105 CMR 460.751(A) or (B), as
                  applicable. The Director may grant exceptions to the requirement to bring the unit into full
                  compliance pursuant to specified conditions established on a case-by-case basis.
                  (c) During the period of time within which the owner must achieve full compliance under the
                  Order to Correct Violation(s), the owner of the unit with a Letter of Interim Control shall not
                  be held strictly liable for injury or damage caused by exposure to dangerous levels of lead, as
                  long as the owner meets each successive deadline set forth in 105 CMR 460.751(A) or (B),
                  as applicable, for complying with the Order to Correct Violation(s).
Source: Legislative text reproduced verbatim
Plain English

Section 105 CMR 460.105 establishes a pathway for dwelling-unit owners to temporarily delay full lead-paint compliance by obtaining a Letter of Interim Control. To qualify, the owner must have a licensed risk assessor evaluate the unit, complete all required interim control measures using authorized persons, and meet specific documentation standards. The letter is valid for one year and may be recertified once, but it can be invalidated if interim controls are not properly maintained. If a child in the unit is identified as lead-poisoned, a post-compliance assessment is triggered and may require the owner to pursue full compliance on a set timeline.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 30, 2026

Plain English — not legal advice.

For Property Managers

Under 105 CMR 460.105, compliant operators arrange for a licensed risk assessor to conduct a risk assessment covering loose lead paint, structural defects, window conditions, and dust sampling before applying for a Letter of Interim Control. All abatement or containment work is performed by authorized persons, and thorough documentation—including risk assessment reports and licensed deleader invoices—is assembled to satisfy the letter's issuance requirements. Owners monitor and maintain interim controls throughout the one-year validity period and arrange recertification reinspection no sooner than 30 days before expiration.

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

For Tenants

Under 105 CMR 460.105, tenants living in a unit covered by a Letter of Interim Control have the right to expect that the owner is actively maintaining all required lead-hazard controls and promptly correcting any failures. If a child in the household is identified as lead-poisoned, the regulation requires a post-compliance assessment and may obligate the owner to achieve full lead compliance within set deadlines. Tenants who believe interim controls are not being maintained may consider contacting a local tenant-rights organization or the relevant state authority to understand available complaint 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 September 30, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

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Related Rules

§ 191
Reports of lead poisoning; notifications to agencies; records
§ 197
Duty of residential premises owners; interim control measures; abatement or containment of paint, plaster or other accessible structural material containing lead
§ 197C
Child exhibiting dangerous blood lead level after issuance of letters of compliance or interim control; liability

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