Cal. Civ. Code § 460.110

Lead Hazards: Abatement and Containment Requirements for Full Compliance

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

Operative Text

Cal. Civ. Code § 460.110
(A) Violations of 105 CMR 460.000 also constitute violations of the State Sanitary Code
           (M.G.L. c. 111, § 127A) which requires corrections to be made in a workmanlike fashion, including
           restoring all parts of the residential premises to the condition they were in before occurrence of any
           such violations. Authorized persons shall perform work in accordance with the requirements of 105
           CMR 460.000 and 454 CMR 22.00: Deleading and Lead-safe Renovation Regulations, and the
           safe work practices and procedures set out in training, educational materials, or in additional guidance
           approved by the Director or the Department of Labor Standards. Repainting with non-lead-based paint
           without abatement or containment of the offending paint, plaster, or other material, does not constitute
           compliance with M.G.L. c. 111, § 197.

(B) Abatement or containment of lead-based paint, other coating, plaster or putty must be performed
           as follows:
               (1) Loose lead-based paint, other coating, plaster or putty on surfaces that are neither moveable
               impact surfaces nor accessible mouthable surfaces must be abated intact or contained.
               (2) Lead-based paint, other coating, plaster or putty on moveable impact surfaces shall be
               abated, or, with the exception of window sashes that are part of an interior habitable area or which
               need to be useable to meet ventilation requirements under the state Building Code (780 CMR),
               contained with an approved covering. In the case of metal windows, only lead-based paint or
               other coating on the sills shall be abated or contained. Other moveable impact surfaces on metal
               windows must be intact or, if loose, made intact.
               (3) Lead-based paint, other coating, plaster or putty shall be abated on accessible, mouthable
               surfaces to a height of five feet, and four inches in from each edge, or such surfaces may be
               contained. Encapsulants applied to suitable accessible, mouthable surfaces must be applied to the
               entire surface, rather than only to a height of five feet and only four inches in from each edge.
               (4) Lead-based paint, other coating, plaster or putty shall be abated on friction surfaces at all
               points of potential friction where the components meet. Stair treads must be abated in their entirety
               to the wall or balusters, or such surfaces may be covered. Friction surfaces may not be
               encapsulated.

           (C) Only authorized persons shall perform abatement or containment activities. The following
           authorized persons may perform the following categories of abatement and containment activities:
               (1) Licensed deleaders may perform all abatement and containment activities in accordance with
               the requirements of 105 CMR 460.000 and 454 CMR 22.00: Deleading and Lead-safe
               Renovation Regulations.
               (2) Authorized persons and owners and owners’ agents authorized to perform moderate-risk
               abatement may perform all moderate- and low-risk abatement and/or containment activities,
               subject to the requirement of 105 CMR 460.110(C)(3), in accordance with the requirements of
               105 CMR 460.000 and 454 CMR 22.00: Deleading and Lead-safe Renovation Regulations.
               (3) An owner or owner’s agent authorized to perform only low-risk abatement and/or
               containment activities may perform only the activities set out at 105 CMR 460.175(A), subject to
               the requirements of 105 CMR 460.110(C)(4), and in compliance with all the requirements of 105
               CMR 460.000.
Source: Legislative text reproduced verbatim
Plain English

Section 105 Mass. Code Regs. 460.110 establishes the technical and procedural standards that must be met when addressing lead-based paint hazards in residential properties in Massachusetts. The rule specifies that simply repainting over lead-based paint does not satisfy the law; actual abatement or containment must be performed according to detailed requirements that vary by surface type, including moveable impact surfaces, accessible mouthable surfaces, and friction surfaces. Only individuals who hold the appropriate authorization or license under this regulation may carry out abatement or containment work, and all work must restore the premises to its prior condition in a workmanlike manner.

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

Plain English — not legal advice.

For Property Managers

Property owners and managers subject to 105 Mass. Code Regs. 460.110 generally ensure that any lead remediation work is performed by properly licensed or authorized deleaders, or by owners and owner's agents who hold the specific level of authorization that matches the risk category of the work being done. Compliant operators do not rely on repainting alone to address lead hazards, as the regulation explicitly states this does not constitute compliance with M.G.L. c. 111, § 197. Operators typically document that all work follows both 105 CMR 460.000 and 454 CMR 22.00, and that the premises are restored to their pre-violation condition in a workmanlike fashion.

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

For Tenants

Tenants living in Massachusetts residential properties have protections under 105 Mass. Code Regs. 460.110, which requires that lead hazard remediation be performed by authorized individuals using approved methods — not simply covered with a fresh coat of paint. If a landlord has only repainted over a known lead hazard without proper abatement or containment, this may constitute a continuing violation of both 105 CMR 460.000 and the State Sanitary Code under M.G.L. c. 111, § 127A. Tenants who believe lead hazards have not been properly addressed may consider contacting the Massachusetts Department of Public Health, a local board of health, or a tenant-rights organization to understand available complaint and enforcement pathways.

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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