Cal. Civ. Code § 460.730
Procedures for Initial Inspection
Operative Text
Compliance with 105 CMR 460.000 must begin with a lead inspection in all circumstances in which
a Letter of Full Compliance is the goal, or with a risk assessment, whenever a Letter of Interim Control
is the goal. There may be reasons for having a lead inspection or risk assessment performed other than
to initiate the compliance process, such as for informational purposes. This is the case when a
prospective purchaser exercises his or her right to have an inspection performed at the time of property
transfer. Having an inspection performed does not in itself trigger any obligation to achieve compliance.
Lead inspectors and risk assessors shall follow procedures outlined in inspector training and refresher
training and in policies and procedures as determined by the Director, including:
(A) Providing pre-inspection information to the owner;
(B) Identifying surfaces covered with paint, other coating, plaster or putty;
(C) Testing surfaces with loose paint, other coating, plaster or putty at any height. If the surface is
inaccessible to the inspector, it is the owner’s responsibility to either provide, in the presence of the
inspector, a sample of the paint, other coating, plaster or putty, or bring the surface in question into
compliance with the requirements of 105 CMR 460.110. Inspectors must also indicate if loose
surfaces are eligible to be made intact under 105 CMR 460.175(B)(1)(b) or for encapsulation in
accordance with 105 CMR 460.135(A).
(D) Testing moveable impact surfaces, accessible mouthable surfaces, and friction surfaces.
(E) Discovering of evidence of unauthorized deleading. Inspectors shall be observant for evidence
of unauthorized deleading while conducting initial inspections, the lead determination enforcement
procedure, lead determinations, reinspections or post-compliance assessments. Consult policies and
inspector training materials approved by the Director for evidence to be considered. Upon discovery
of such evidence, the inspector shall take the following basic steps, as well as follow the requirements
of policies and educational materials issued by the Director:
(1) Refuse to issue any Letter of Compliance or a Certification of Maintained Compliance or
Restored Compliance.
(2) Attempt to find out if there are any lead inspection reports, deleaders’ invoices or letters of
compliance for the property.
(3) Report evidence of unauthorized deleading to the State Program for investigation.
(4) Complete the lead inspection report form, reinspection report form or post-compliance
assessment report form, as applicable, and record signs of unauthorized deleading.Section 460.730 of 105 CMR 460.000 establishes the procedural starting point for lead-paint compliance in Massachusetts residential properties. Depending on whether the goal is a Letter of Full Compliance or a Letter of Interim Control, the process must begin with either a full lead inspection or a risk assessment, respectively. Importantly, having an inspection performed—such as one requested by a prospective buyer at the time of a property transfer—does not by itself create an obligation to achieve compliance. The regulation also sets out specific technical duties for inspectors, including testing various surfaces, identifying coatings, and watching for signs of unauthorized deleading, which must be reported to the State Program if discovered.
Plain English — not legal advice.
Under 105 CMR 460.730, property owners pursuing lead-paint compliance are expected to understand which type of inspection or assessment is required based on their compliance goal—a full lead inspection for a Letter of Full Compliance, or a risk assessment for a Letter of Interim Control. Owners are responsible for facilitating access to all surfaces; where a surface is inaccessible, the regulation places the responsibility on the owner to either provide a paint sample in the inspector's presence or bring that surface into compliance with 105 CMR 460.110. Operators should also be aware that if an inspector discovers evidence of unauthorized deleading during any inspection under this section, no Letter of Compliance can be issued and the matter will be referred to the State Program for investigation.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 460.730 of 105 CMR 460.000 is relevant to tenants because it governs how lead inspections are conducted in properties where children may be at risk of lead exposure. Tenants should know that an inspection performed for informational purposes—such as one a prospective buyer requests—does not automatically trigger a landlord's obligation to remediate, but inspections conducted as part of the formal compliance process carry specific procedural requirements. If a tenant has concerns about lead paint conditions or suspects that deleading work was performed without proper authorization, they may consider contacting the Massachusetts State Program referenced in this regulation, or reaching out to a local 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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