Cal. Civ. Code § 460.700

Enforcement by Code Enforcement Agencies

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

Operative Text

Cal. Civ. Code § 460.700
(A) Responsibilities Generally. Pursuant to M.G.L. c. 111, §§ 194 and 198, local code enforcement
            agencies have the responsibility for making inspections of residential premises and other buildings which
            children utilize, and for enforcing the lead poisoning prevention laws, consistent with their sanitary code
            inspection and enforcement responsibilities under M.G.L. c. 111, §§ 127A through 127K.

            (B) Inspection Responsibility. A local code enforcement agency must inspect for lead paint whenever
            it receives a signed parental request for a lead inspection from an occupant or conducts an inspection
            for violations of the State Sanitary Code in a dwelling unit or residential premises constructed before
            1978, where a child younger than six years old resides. If the inspector is not certain whether or not
            a residence was constructed before 1978, the inspector shall check the relevant building permit at the
            city or town building department. If the inspector verifies that the dwelling was constructed in 1978
            or later, the inspector shall nevertheless determine whether any other structures within the same lot line
            were constructed before 1978, and if so, inspect them for lead paint. The obligation to inspect for lead
            paint must be fulfilled in one of the following two ways:
                 (1) A lead inspection shall be conducted at the time of the Sanitary Code inspection, or the
                 person conducting the Sanitary Code inspection shall ensure that a separate lead inspection by a
                 code enforcement lead inspector is conducted within the timelines specified in the Sanitary Code;
                 or
                 (2) In lieu of a complete lead inspection by a code enforcement inspector, the lead determination
                 enforcement procedure may be followed at the time of the Sanitary Code inspection and in all
                 circumstances covered by 105 CMR 460.710, except 105 CMR 460.710(A). A lead
                 determination report format approved by the Director shall be used to record test results. The lead
                 determination enforcement procedure shall be performed in accordance with guidance approved
                 by the Director. If the lead determination enforcement procedure identifies at least one surface with
                 a lead violation, the code enforcement agency shall issue an Order to Correct Violation(s) in
                 accordance with the procedures set out in 105 CMR 460.750(B), stating the enforcement
                 deadlines set out in 105 CMR 460.751(C), or in post-compliance cases, the deadlines set out in
                 105 CMR 460.760(E). Said Order to Correct Violation(s) shall be enforced through judicial
                 proceedings, in accordance with 105 CMR 460.800.

            (C) Emergency Matters. Violations of M.G.L. c. 111, §§ 196 and 197 produce immediate danger
            of lead poisoning and constitute emergency matters pursuant to M.G.L. c. 111, § 198 and the State
            Sanitary Code. Local code enforcement agencies shall treat them as emergency matters, giving such
            violations preference over all other violations, except other emergency matters, and shall follow the time
            limitations in 105 CMR 460.750, 460.751 and 460.800.
Source: Legislative text reproduced verbatim
Plain English

Section 105 Mass. Code Regs. 460.700 establishes that local code enforcement agencies in Massachusetts are responsible for inspecting residential buildings for lead paint and enforcing lead poisoning prevention laws. Whenever an agency receives a signed parental request for a lead inspection, or conducts a routine Sanitary Code inspection in a pre-1978 dwelling where a child under six lives, it must also inspect for lead paint. Violations involving lead hazards covered by the relevant statutes are treated as emergencies and given priority over most other code violations, with strict timelines governing the entire process.

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

Plain English — not legal advice.

For Property Managers

Under 105 Mass. Code Regs. 460.700, property owners of pre-1978 residential buildings where young children reside should be aware that a routine Sanitary Code inspection will automatically trigger a lead paint inspection. Compliant operators typically maintain records of any prior lead inspections, respond promptly to Orders to Correct Violation(s) issued by the local code enforcement agency, and meet the remediation deadlines specified in the applicable regulations. Because lead violations can be classified as emergency matters under this provision, operators generally treat any identified lead hazards as high-priority items requiring immediate attention.

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

For Tenants

Section 105 Mass. Code Regs. 460.700 gives occupants the right to submit a signed parental request to their local code enforcement agency to trigger a lead paint inspection of their dwelling, particularly if the building was constructed before 1978 and a child under six years old lives there. If a lead violation is found, the agency is required to issue an Order to Correct Violation(s) and enforce it through established procedures, including judicial proceedings if necessary. Tenants who believe this provision applies to their home may contact their local board of health or code enforcement office, or reach out to a tenant-rights organization for general information about the inspection and enforcement process.

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

Current
Sep 30, 2026
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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

Source Information

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