Cal. Civ. Code § 460.710
Scope of Inspection Responsibility and Inspection Priorities
Operative Text
The State Program, its agents, and agents of local boards of health and other code enforcement
agencies are obligated to inspect for lead violations in a dwelling unit, residential premises, and
structures within the same lot line that were constructed before 1978, in which a child younger than six
years old lives.
The State Program, its agents, and agents of local boards of health and other code enforcement
agencies may use the lead determination enforcement procedure, in lieu of a lead inspection, in all
cases except those that fall under 105 CMR 460.710(A). All inspections or lead determination
enforcement procedures shall be carried out according to the following:
(A) Dwelling units in which a child lives who is determined to be lead poisoned. Such dwelling units
shall be inspected as soon as possible by code enforcement inspectors from the State Program, a local
lead poisoning prevention program or board of health. The State Program’s case management staff
shall prioritize such inspections.
(B) Dwelling units in which a child with a blood lead level of concern resides. The State Program’s
case management staff shall prioritize such inspections.
(C) Dwelling units in which a child younger than six years old lives for which an inspection is requested
by the occupant.Under 105 Mass. Code Regs. 460.710, state and local health and code enforcement agencies are required to inspect pre-1978 homes for lead violations when a child under six years old lives there. The rule establishes a tiered priority system: dwellings where a child has been identified as lead poisoned must be inspected as soon as possible, followed by units where a child has a blood lead level of concern, and then units where an occupant has requested an inspection. In some circumstances, a 'lead determination enforcement procedure' may be used as an alternative to a full inspection, except when a child has already been identified as lead poisoned.
Plain English — not legal advice.
Property owners and managers of pre-1978 residential buildings should be aware that under 105 Mass. Code Regs. 460.710, state and local agencies carry an affirmative obligation to inspect their properties for lead violations when a child under six resides there. Compliant operators generally maintain records of any lead inspections or lead determination enforcement procedures that have been conducted, and cooperate promptly when inspectors from the State Program or a local board of health schedule or request access. Because units housing a lead-poisoned child are placed at the top of the inspection priority queue, operators of such properties can expect expedited agency attention.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 105 Mass. Code Regs. 460.710, tenants living in pre-1978 housing with a child under six have the right to request a lead inspection, and the state and local agencies are obligated to carry one out. If a child in the home has been identified as lead poisoned or has a blood lead level of concern, the State Program's case management staff is required to treat that unit as a priority for inspection. Tenants who believe their rights under this provision are not being honored may consider contacting their local board of health, a local lead poisoning prevention program, or a tenant-rights organization for guidance on available 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.
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