Cal. Civ. Code § 460.700
Enforcement by Code Enforcement Agencies
Operative Text
(A) Responsibilities Generally. Pursuant to M.G.L. c. 111, §§ 194 and 198, local code enforcement
agencies have the responsibility for making inspections of residential premises and other buildings which
children utilize, and for enforcing the lead poisoning prevention laws, consistent with their sanitary code
inspection and enforcement responsibilities under M.G.L. c. 111, §§ 127A through 127K.
(B) Inspection Responsibility. A local code enforcement agency must inspect for lead paint whenever
it receives a signed parental request for a lead inspection from an occupant or conducts an inspection
for violations of the State Sanitary Code in a dwelling unit or residential premises constructed before
1978, where a child younger than six years old resides. If the inspector is not certain whether or not
a residence was constructed before 1978, the inspector shall check the relevant building permit at the
city or town building department. If the inspector verifies that the dwelling was constructed in 1978
or later, the inspector shall nevertheless determine whether any other structures within the same lot line
were constructed before 1978, and if so, inspect them for lead paint. The obligation to inspect for lead
paint must be fulfilled in one of the following two ways:
(1) A lead inspection shall be conducted at the time of the Sanitary Code inspection, or the
person conducting the Sanitary Code inspection shall ensure that a separate lead inspection by a
code enforcement lead inspector is conducted within the timelines specified in the Sanitary Code;
or
(2) In lieu of a complete lead inspection by a code enforcement inspector, the lead determination
enforcement procedure may be followed at the time of the Sanitary Code inspection and in all
circumstances covered by 105 CMR 460.710, except 105 CMR 460.710(A). A lead
determination report format approved by the Director shall be used to record test results. The lead
determination enforcement procedure shall be performed in accordance with guidance approved
by the Director. If the lead determination enforcement procedure identifies at least one surface with
a lead violation, the code enforcement agency shall issue an Order to Correct Violation(s) in
accordance with the procedures set out in 105 CMR 460.750(B), stating the enforcement
deadlines set out in 105 CMR 460.751(C), or in post-compliance cases, the deadlines set out in
105 CMR 460.760(E). Said Order to Correct Violation(s) shall be enforced through judicial
proceedings, in accordance with 105 CMR 460.800.
(C) Emergency Matters. Violations of M.G.L. c. 111, §§ 196 and 197 produce immediate danger
of lead poisoning and constitute emergency matters pursuant to M.G.L. c. 111, § 198 and the State
Sanitary Code. Local code enforcement agencies shall treat them as emergency matters, giving such
violations preference over all other violations, except other emergency matters, and shall follow the time
limitations in 105 CMR 460.750, 460.751 and 460.800.Section 105 Mass. Code Regs. 460.700 establishes that local code enforcement agencies in Massachusetts are responsible for inspecting residential buildings for lead paint and enforcing lead poisoning prevention laws. Whenever an agency receives a signed parental request for a lead inspection, or conducts a routine Sanitary Code inspection in a pre-1978 dwelling where a child under six lives, it must also inspect for lead paint. Violations involving lead hazards covered by the relevant statutes are treated as emergencies and given priority over most other code violations, with strict timelines governing the entire process.
Plain English — not legal advice.
Under 105 Mass. Code Regs. 460.700, property owners of pre-1978 residential buildings where young children reside should be aware that a routine Sanitary Code inspection will automatically trigger a lead paint inspection. Compliant operators typically maintain records of any prior lead inspections, respond promptly to Orders to Correct Violation(s) issued by the local code enforcement agency, and meet the remediation deadlines specified in the applicable regulations. Because lead violations can be classified as emergency matters under this provision, operators generally treat any identified lead hazards as high-priority items requiring immediate attention.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 105 Mass. Code Regs. 460.700 gives occupants the right to submit a signed parental request to their local code enforcement agency to trigger a lead paint inspection of their dwelling, particularly if the building was constructed before 1978 and a child under six years old lives there. If a lead violation is found, the agency is required to issue an Order to Correct Violation(s) and enforce it through established procedures, including judicial proceedings if necessary. Tenants who believe this provision applies to their home may contact their local board of health or code enforcement office, or reach out to a tenant-rights organization for general information about the inspection and enforcement process.
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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