Cal. Civ. Code § 460.135
Containment Using Encapsulants
Operative Text
(A) Before encapsulants may be applied, surfaces must be assessed to determine their suitability for
encapsulation. The initial assessment may be done by an authorized person or a lead inspector, in
accordance with procedures in training materials approved by the Director. However, the authorized
person who will be applying the encapsulant must do an additional assessment, in accordance with
State Program training materials.
(B) All authorized persons trained and authorized in encapsulant use in accordance with 105 CMR
460.175 may use encapsulants in accordance with 105 CMR 460.135.Section 460.135 of 105 Mass. Code Regs. 460.000 establishes a two-step assessment process that must occur before encapsulants can be applied to surfaces as a lead paint containment method. First, an authorized person or a lead inspector evaluates whether a surface is suitable for encapsulation using Director-approved procedures. Then, the specific authorized person who will actually apply the encapsulant must conduct a separate, additional assessment using State Program training materials. Only authorized persons who have completed the training and authorization requirements under 105 CMR 460.175 are permitted to use encapsulants under this provision.
Plain English — not legal advice.
Property owners and managers overseeing lead paint containment work under 105 CMR 460.135 generally ensure that encapsulation projects involve two distinct surface assessments before any product is applied. Compliant operators verify that the worker who will physically apply the encapsulant holds the proper authorization under 105 CMR 460.175 and personally conducts the required pre-application assessment using State Program training materials. Maintaining documentation of both assessments and the credentials of all authorized persons involved is a common practice among operators working within this regulatory framework.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 105 CMR 460.135, tenants living in properties where lead paint encapsulation is being performed have an interest in knowing that the work must follow a strict two-step assessment process before any encapsulant is applied. If a tenant has reason to believe that encapsulation work was performed without the required assessments or by someone not authorized under 105 CMR 460.175, they may consider contacting the Massachusetts Department of Public Health or a local tenant-rights organization to understand available options. Raising a potential violation of 105 CMR 460.135 with a housing authority or code enforcement body is one general path tenants may explore when concerned about the adequacy of lead hazard work in their home.
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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