Cal. Civ. Code § 460.710

Scope of Inspection Responsibility and Inspection Priorities

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

Operative Text

Cal. Civ. Code § 460.710
The State Program, its agents, and agents of local boards of health and other code enforcement
            agencies are obligated to inspect for lead violations in a dwelling unit, residential premises, and
            structures within the same lot line that were constructed before 1978, in which a child younger than six
            years old lives.
                The State Program, its agents, and agents of local boards of health and other code enforcement
            agencies may use the lead determination enforcement procedure, in lieu of a lead inspection, in all
            cases except those that fall under 105 CMR 460.710(A). All inspections or lead determination
            enforcement procedures shall be carried out according to the following:

            (A) Dwelling units in which a child lives who is determined to be lead poisoned. Such dwelling units
            shall be inspected as soon as possible by code enforcement inspectors from the State Program, a local
            lead poisoning prevention program or board of health. The State Program’s case management staff
            shall prioritize such inspections.

            (B) Dwelling units in which a child with a blood lead level of concern resides. The State Program’s
            case management staff shall prioritize such inspections.

            (C) Dwelling units in which a child younger than six years old lives for which an inspection is requested
            by the occupant.
Source: Legislative text reproduced verbatim
Plain English

Under 105 Mass. Code Regs. 460.710, state and local health and code enforcement agencies are required to inspect pre-1978 homes for lead violations when a child under six years old lives there. The rule establishes a tiered priority system: dwellings where a child has been identified as lead poisoned must be inspected as soon as possible, followed by units where a child has a blood lead level of concern, and then units where an occupant has requested an inspection. In some circumstances, a 'lead determination enforcement procedure' may be used as an alternative to a full inspection, except when a child has already been identified as lead poisoned.

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

Plain English — not legal advice.

For Property Managers

Property owners and managers of pre-1978 residential buildings should be aware that under 105 Mass. Code Regs. 460.710, state and local agencies carry an affirmative obligation to inspect their properties for lead violations when a child under six resides there. Compliant operators generally maintain records of any lead inspections or lead determination enforcement procedures that have been conducted, and cooperate promptly when inspectors from the State Program or a local board of health schedule or request access. Because units housing a lead-poisoned child are placed at the top of the inspection priority queue, operators of such properties can expect expedited agency attention.

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

For Tenants

Under 105 Mass. Code Regs. 460.710, tenants living in pre-1978 housing with a child under six have the right to request a lead inspection, and the state and local agencies are obligated to carry one out. If a child in the home has been identified as lead poisoned or has a blood lead level of concern, the State Program's case management staff is required to treat that unit as a priority for inspection. Tenants who believe their rights under this provision are not being honored may consider contacting their local board of health, a local lead poisoning prevention program, or a 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.

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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