Cal. Civ. Code § 460.175
Low- and Moderate-risk Abatement and Containment
Operative Text
(A) (1) Following inspection of a premises by a lead inspector, the following low-risk abate-
ment and/or containment activities may be performed on the owner’s property by authorized
persons:
(a) Applying encapsulants over suitable surfaces;
(b) Removing doors, cabinet doors, windows on hinges (such as wooden storms) and shutters
by disengaging hinge pins or removing hinges;
(c) Covering surfaces with approved coverings;
(d) Capping baseboards; and
(e) Removing cabinet drawers and shelves which are not glued, nailed or otherwise affixed
to supports.
(2) Most low-risk abatement and containment activities may be performed before non-low-risk
abatement work begins, or after such work is complete, including final clean-up. Replacement of
doors must be completed before reoccupancy reinspection. Surfaces identified with loose lead-
based paint, other coating, plaster or putty at initial inspection that will be contained with approved
coverings must either be:
(a) completely covered prior to reoccupancy reinspection; or
(b) made intact by an authorized person prior to reoccupancy reinspection, in which case
covering may occur after reoccupancy reinspection.
(3) Encapsulants may be applied only after a reoccupancy reinspection, or, if only low-risk
abatement and containment activities will be performed, after all other low-risk abatement and
containment work is completed.
(B) (1) Following inspection of a premises by a lead inspector,
the following moderate-risk abatement activities may be performed by authorized persons:
(a) Removing surfaces containing dangerous levels of lead, with the exception of walls and
ceilings, and provided such removal is not accomplished by demolition.
(b) Making small amounts of loose lead-based paint, other coating, plaster or putty intact, as
defined in the following manner:
1. Interior Rooms, Hallways or Common Areas. Making intact up to two square feet,
but no more, of loose lead-based paint, other coating, plaster or putty on surfaces that are
not moveable impact surfaces per room, hallway or common area. Any small areas of
loose lead-based paint, other coating, plaster or putty on such eligible surfaces, which the
inspector has not ruled out as being of greater dimension than two square feet, in
accordance with 105 CMR 460.730(C), must be measured by the authorized person who
wishes to make these areas intact. Such measurements shall be taken in accordance with
the procedure set out in instructional materials approved by the Director.
2. Exterior of Residential Premises, Including Any Other Structures Within the Same Lot
Line. Making intact up to 20 square feet, but no more, of exterior loose lead-based paint,
other coating, plaster or putty on surfaces that are not moveable impact surfaces. Any
areas of loose lead-based paint, other coating, plaster or putty on such eligible surfaces,
which the inspector has not ruled out as being of greater dimension than 20 square feet, in
accordance with 105 CMR 460.730(C), must be measured by the authorized person who
wishes to make these areas intact. Such measurements shall be taken in accordance with
the procedure set out in instructional materials approved by the Director.
(2) Timing. While a deleader is performing work, no one other than those authorized by
454 CMR 22.12(2)(a)5.: Restriction of Access shall be permitted on the worksite until the
deleader completes final clean-up in accordance with 105 CMR 460.160(D)(1), except as
permitted in policies approved by the Director or the Department of Standards.
(C) Licensed deleaders must perform all abatement and containment activities not listed in 105 CMR
460.175(A) or (B).
(D) All authorized persons who will be performing low- or moderate-risk abatement and/or
containment activities, shall do such work in compliance with the provisions of 105 CMR 460.000,
shall undergo training, and in the case of owners and owners’ agents, take a course of instruction. The
Director shall establish and revise as necessary the respective content and requirements for the
following: low-risk abatement and/or containment instruction for owners and owners’ agents;
encapsulation instruction for owners, owners’ agents, authorized persons and deleaders who did not
receive encapsulation training as part of their deleader training; and moderate-risk abatement instruction
for owners and owners’ agents. All required instruction for owners and owners’ agents shall include
passing an examination issued or approved by the State Program. Deleaders and authorized persons
must be trained and licensed pursuant to, and adhere to the additional requirements of, 454 CMR
22.00: Deleading and Lead-safe Renovation Regulations.
(E) Authorization to Perform Low-and-moderate-risk Abatement or Containment. An owner or
owner’s agent must submit to the State Program proof that he or she has successfully completed the
instruction required by the Director pursuant to 105 CMR 460.175(D), and in the case of an owner’s
agent, has attained 18 years of age. The State Program shall then issue an authorization to the owner
or owner’s agent documenting that he or she has met these requirements and is thereby authorized to
perform low- and/or moderate-risk abatement or containment, as applicable.
(F) Any abatement and/or containment activities performed by an authorized owner and/or owner’s
agent that exceed the scope of activities he or she is authorized to perform by 105 CMR 460.175, or
which are undertaken by an owner and/or owner’s agent who has not been authorized as required by
105 CMR 460.175(E), shall be considered unauthorized deleading under 454 CMR
22.00: Deleading and Lead-safe Renovation Regulations and 105 CMR 460.000 and subject to
all the penalties thereof. Any abatement and/or containment activities performed by a licensed
authorized person that exceed the scope of activities authorized by 105 CMR 460.175 and 454 CMR
22.00, or which are undertaken by a renovator who is not licensed to perform moderate risk deleading,
shall be considered unauthorized deleading under 454 CMR 22.00 and 105 CMR 460.000 and
subject to all the penalties thereof.Section 460.175 establishes which lead abatement and containment tasks property owners, their agents, and licensed deleaders are each permitted to perform, and in what sequence. Low-risk activities—such as applying encapsulants or covering surfaces—and moderate-risk activities—such as removing lead-containing surfaces or making small areas of loose paint intact—may be done by authorized non-deleaders within defined limits. Any work falling outside those defined categories must be performed by a licensed deleader, and exceeding one's authorized scope is treated as unauthorized deleading under state regulations.
Plain English — not legal advice.
Under 105 CMR 460.175, owners and owners' agents who wish to perform low- or moderate-risk abatement must first complete the Director-approved instruction, pass the required examination, and obtain written authorization from the State Program before beginning any work. Compliant operators keep their activities strictly within the scope of their authorization—low-risk tasks such as encapsulation or surface covering, or moderate-risk tasks such as limited paint stabilization—and engage a licensed deleader for anything beyond those boundaries. Exceeding authorized scope triggers unauthorized-deleading penalties under both 454 CMR 22.00 and 105 CMR 460.000.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 460.175 sets the rules for who may legally perform lead abatement work in a residential premises, which directly affects the safety of occupants, particularly children. If a tenant has reason to believe that lead work was performed by an unqualified person or exceeded the scope permitted under 105 CMR 460.175, that concern can be reported to the Massachusetts Department of Public Health or a local board of health. Tenant-rights organizations and legal aid offices can help tenants understand how an owner's failure to comply with these requirements may relate to habitability rights or other remedies available under state law.
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.
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