Cal. Civ. Code § 460.750

Assessments and Lead Determination Enforcement Procedures

           (A) Lead inspectors and risk assessors shall follow procedures after performing a lead inspection, risk
           assessment, reinspection, post-compliance assessment or lead determination enforcement procedure
           as outlined in inspector training and refresher training and in policies and procedures as determined by
           the Director, including:
               (1) No Lead Hazards upon Initial Inspection. Upon determination that there are no lead hazards,
               and there is no evidence of unauthorized deleading, the lead inspector or risk assessor shall report
               this to the owner, the occupants of the dwelling unit and to the Director, in a format approved by
               the Director. The lead inspector or risk assessor shall issue a Letter of Full Initial Inspection
               Compliance to the owner.

(2) Report of Inspection, Risk Assessment or Lead Determination Enforcement Procedure.
                  (a) Whenever lead hazards or other violations of 105 CMR 460.000 are found by initial
                  inspection or when urgent lead hazards are identified by a risk assessment, the lead inspector
                  or risk assessor shall report this to the owner, to the occupants of the dwelling unit, and to the
                  Director, on properly completed lead inspection or risk assessment report forms and in a
                  format approved by the Director. These reports shall be accompanied by such information as
                  required in policies and training materials approved by the Director.
                  (b) These reports shall be sent by the following deadlines:
                       1. the end of the third working day after the inspection or risk assessment, if the
                       inspection or risk assessment discloses a situation listed in 105 CMR 460.750(B)(2);
                       unless;
                       2. the inspection or risk assessment was conducted as part of a Sanitary Code inspection,
                       in which case the reports shall be sent within seven working days after the inspection or
                       risk assessment; or
                       3. within ten working days after the inspection or risk assessment for all other
                       inspections and risk assessments.
                  (c) The owner shall send a copy of the inspection report or risk assessment report to all
                  mortgagees and lienholders of record.
              (3) Report of Reinspection and Post-compliance Assessment. The lead inspector or risk assessor
              shall report the results of all reinspections, dust lead monitoring results and post-compliance
              assessments to the owner, the occupants of the dwelling unit and the Director, in a format approved
              by the Director, in accordance with the timelines in 105 CMR 460.750(A)(3)(b). If no lead
              violations are identified by a post-compliance assessment, the inspector shall issue the owner a
              Certification of Maintained Compliance, in accordance with 105 CMR 460.760(E)(1). If the post-
              compliance assessment reveals lead hazards or other violations of 105 CMR 460.000, results shall
              be accompanied by the notification information required by the policies on post-compliance
              assessment issued by the Director. See 105 CMR 460.760(E)(2).

          (B) Code enforcement inspectors shall use the following additional procedures after performing an
          inspection, the lead determination enforcement procedure, or a post-compliance assessment, and code
          enforcement lead determination inspectors shall use the following procedures after performing the lead
          determination enforcement procedure:
              (1) Notice to Owner. If the initial lead inspection, or lead determination enforcement procedure
              reveals lead violations in a dwelling unit or residential premises in which a child younger than six
              years old lives, the code enforcement inspector or code enforcement lead determination inspector
              shall provide a notice to the owner explaining that this constitutes a violation of the Lead Law,
              M.G.L. c. 111, § 197, and the State Sanitary Code, and that such lead violations may endanger
              or materially impair the health of occupants, especially children. The code enforcement inspector
              or code enforcement lead determination inspector shall provide the owner with all the information
              required by policies approved by the Director on methods of correcting violations to achieve full
              compliance or interim control. For post-compliance cases, the code enforcement inspector shall
              provide the owner with all information required by post-compliance policies approved by the
              Director.
              (2) Order to Correct Violation(s). The code enforcement agency shall issue an Order to Correct
              Violation(s) when lead violations are identified upon initial inspection, by the lead determination
              enforcement procedure or by post-compliance assessment in cases covered by 105 CMR
              460.760(E)(2)(c), in the dwelling unit in which a child younger than six years old resides, or in
              which a child younger than six years old who is lead poisoned has resided within the last 12
              months. The agency shall also issue such an Order in post-compliance cases in which the 30-day
              repair period applies, or the owner was issued an Order to Repair Post-Compliance Violations,
              and failed to complete repairs and clean-up in accordance with 105 CMR 460.760(E)(2)(a). The
              Order to Correct Violation(s) shall state the enforcement deadlines that are applicable pursuant to
              105 CMR 460.751 and shall also state:
                  (a) The owner may become liable for civil punitive damages equal to treble any actual
                  damages for willful failure to comply with the Order; and

(b) If within the stipulated time periods the property is not brought into full compliance, full
                   compliance is not restored, or interim controls are not completed, the code enforcement
                   agency may contract with an authorized person or persons to correct the violations and obtain
                   either a Letter of Full Compliance, a Certification of Restored Compliance, or, in the case of
                   a child who is not lead poisoned, a Letter of Interim Control, and bill the owner, or initiate
                   court action to reimburse itself.