Cal. Civ. Code § 460.760

Reinspection and Full Compliance

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

Operative Text

Cal. Civ. Code § 460.760
(A) Reoccupancy Reinspection. Occupants of a dwelling unit or residential premises undergoing
           deleading may not resume occupancy until the dwelling unit successfully meets the conditions of a
           reoccupancy reinspection. All lead inspectors shall conduct reoccupancy reinspections and if
           applicable, all subsequent reinspections, using a copy of the initial inspection report. The conditions of
           a reoccupancy inspection are as follows:
               (1) The reoccupancy reinspection should be conducted as soon as possible following the last final
               clean-up pursuant to 105 CMR 460.160(D)(1). No other interior dwelling unit abatement or
               containment activities may occur following a reoccupancy reinspection, with the exception of
               certain low-risk abatement and/or containment activities, as set out in 105 CMR 460.175(A).
               (2) All replacement, abated or contained doors must be in place at the time of the reoccupancy
               reinspection.
               (3) Surfaces from which lead-based paint, other coating, plaster or putty has been completely
               removed, and new replacement surfaces, cannot have been painted or received a sealant coating
               equivalent to paint at the time of the reinspection unless:
                   (a) in the case of surfaces from which lead paint has been removed, the surface was
                   previously inspected and approved while the substrate was bare; or
                   (b) in the case of new replacement surfaces which have been refinished or abated surfaces
                   which have been repainted, the surface is retested by a lead inspector, and if determined to
                   contain dangerous levels of lead, the surface is abated or contained.
               (4) The lead inspector shall visually examine every interior surface previously found to be a lead
               hazard, to ascertain the following:
                   (a) Surfaces that have been abated have either been removed or the paint, other coating,
                   plaster or putty on the surfaces has been completely removed to bare substrate. The lead
                   inspector shall also ensure that all abated surfaces have been finish-sanded or prepared to be
                   repainted or to receive a comparable coating.
                   (b) No film or visible dust is present on any surface from which lead-based paint, other
                   coating, plaster or putty was removed.
                   (c) Surfaces that have been prepared for containment or encapsulation have been properly
                   prepared. The lead inspector shall examine all surfaces that were first made intact by an
                   authorized person.
                   (d) All surfaces contained with approved coverings have been contained in a workmanlike
                   manner.
               (5) Interior surfaces previously not found to be a lead hazard, but in room(s) in which deleading
               has occurred and adjacent areas, shall be visually inspected to ensure that no dust is present.
               (6) Dust samples must be taken at the time of the reoccupancy reinspection, and the dust
               monitoring standards of 105 CMR 460.170 must be met before reoccupancy or initiation of a new
               occupancy may occur. The lead inspector shall wait at least one hour following the last final clean-
               up required by 105 CMR 460.160(D)(1) before taking dust samples.
               (7) In those cases in which all lead hazards (including exterior, if applicable) are satisfactorily
               abated and/or contained at the time of the reoccupancy reinspection, this inspection shall constitute
               a deleading reinspection.

(B) Deleading Reinspection. The lead inspector shall determine if all relevant surfaces have been fully
          and properly encapsulated or contained with approved coverings, all interior or exterior surfaces that
          were abated using chemical strippers were first reinspected and met the conditions of 105 CMR
          460.760(A)(4)(a) and (b) and since have been repainted, all exterior violations were satisfactorily
          abated or contained, and that all such work was performed in a workmanlike manner. In all cases in
          which there had been no preceding reoccupancy reinspection, the dust lead monitoring requirements
          of 105 CMR 460.760(A)(6) must be met.

          (C) Court Appearance, Safety Check and Other Reinspections. Code enforcement inspectors shall
          make reinspections of dwelling units and residential premises found in violation of 105 CMR 460.000
          as necessary for show cause and other court hearings, checks on deleading safety, and other related
          purposes as necessary.

          (D) Full Compliance. In order for a Letter of Full Deleading Compliance to be issued, all lead
          hazards cited by the lead inspector must be corrected, and the documentation requirements of 105
          CMR 460.760(D)(1) must be met. A Letter of Full Deleading Compliance must be issued in order
          for the owner to be eligible for the full amount of the state income tax credit, and/or the deleading loan
          program authorized under the Department of Housing and Community Development.
               (1) Requirements.
                   (a) Documented use of lead inspectors is required to obtain a Letter of Full Compliance. If
                   abatement or containment work was required, documentation of work by an authorized person
                   is also required to obtain a Letter of Full Deleading Compliance.
                       1. Documentation of authorized inspection and reinspection shall consist of initial
                       inspection reports and all reinspection reports completed by lead inspectors.
                       2. Documentation of authorized abatement and containment work by an authorized
                       person shall consist of an invoice, on a form approved by the Director, bearing the
                       professional letterhead of a licensed deleader, or authorized persons with his or her license
                       or certification number, including a signed statement that the authorized person has
                       performed all work in compliance with 454 CMR 22.00: Deleading and Lead-safe
                        Renovation Regulations and 105 CMR 460.000. For authorized owner’s and owner’s
                        agents, documentation of authorized abatement and containment work shall be made on
                        a form approved by the Director.
               (2) Letters of Full Compliance.
                   (a) A Letter of Full Initial Inspection Compliance shall be fully completed, signed and issued
                   by a lead inspector, on a form approved by the Director, when he or she determines that a
                   dwelling unit and common areas are in compliance with M.G.L. c. 111, § 197(c) and 105
                   CMR 460.000 upon initial inspection.
                   (b) A Letter of Full Deleading Compliance shall be fully completed, signed and issued by a
                   lead inspector, on a form approved by the Director, when he or she determines that a dwelling
                   unit and common areas are in compliance with M.G.L. c. 111, § 197(c) and the conditions of
                   105 CMR 460.000 and 454 CMR 22.00: Deleading and Lead-safe Renovation
                   Regulations have been met.

          (E) Post-compliance Maintenance and Monitoring. An owner of a dwelling unit and related common
          areas that has been issued a Letter of Full Compliance and in which a child younger than six years old
          resides shall take reasonable care to make sure that the standards of the Letter of Full Compliance are
          maintained. The owner shall take reasonable care to promptly correct any failure of measures taken
          to achieve full compliance, or address any new lead violations, in accordance with safety procedures
          set out in policies and protocols approved by the Director and distributed to the owner with the Letter
          of Full Compliance. Owners hiring contractors to maintain their property or owners doing their own
          maintenance work on their rental property must be sure to follow the requirements set forth in 454
          CMR 22.00: Deleading and Lead-safe Renovation Regulations for safe renovation and repair
          work.
               (1) Documenting a Post-compliance Assessment by a Lead Inspector in Which No Lead Hazards
               Are Found. If a lead inspector performs a post-compliance assessment and determines that the
               dwelling unit and related common areas remain in compliance with M.G.L. c. 111, § 197(c) and
               105 CMR 460.000, the lead inspector shall fully complete, sign and issue a Certification of
               Maintained Compliance. This Certification, on a form approved by the Director, shall be an
               addendum to the previously issued Letter of Full Compliance.

(2) Documenting a Post-compliance Assessment by a Lead Inspector in Which Lead Hazards
               Are Found.
                   (a) The owner shall have 30 days from the date of a lead inspector’s or risk assessor’s post-
                   compliance assessment, to complete the repair and clean up the unit to the standards required
                   by the Letter of Full Compliance. In cases in which a code enforcement lead inspector or lead
                   determination inspector is involved, the owner shall have 30 days from receipt of an Order to
                   Repair Post-compliance Violations, or any immediately preceding Order to Correct
                   Violation(s) to complete the repair and clean up the unit to the standards required by the Letter
                   of Full Compliance. The repair may be performed by the owner or any other person 18 years
                   of age or older during this period as maintenance, in accordance with safety procedures set out
                   in policies and protocols approved by the Director and distributed to the owner with the Letter
                   of Full Compliance as well as 454 CMR 22.00: Deleading and Lead-safe Renovation
                   Regulations. If the lead inspector reinspects and confirms that the owner has completed this
                   work and cleanup, and has met the dust lead standards of 105 CMR 460.170(B) within 30
                   days, the lead inspector shall issue a Certification of Maintained Compliance. The Letter of
                   Full Compliance remains valid for this period. It is the owner’s responsibility to make sure a
                   lead inspector returns to document that the standards of the Letter of Full Compliance have
                   been maintained within this 30-day period. If such an owner fails to have the lead inspector
                   return to document that the standards of the Letter of Full Compliance have been maintained
                   within this time period, the Letter of Full Compliance is no longer valid.
                   (b) If the owner has not completed the repair and cleanup work necessary to maintain the
                   standards of the Letter of Full Compliance in accordance with 105 CMR 460.760(E)(2)(a),
                   all lead hazards cited by the lead inspector must be corrected by authorized persons, and the
                   reinspection and documentation requirements of 105 CMR 460.760 must be met. Once a lead
                   inspector returns and determines that all lead hazards have been corrected by authorized
                   persons in accordance with 105 CMR 460.000, and the reinspection and documentation
                   requirements of 105 CMR 460.760 have been met, the lead inspector shall issue the owner
                   a Certification of Restored Compliance. A Certification of Restored Compliance shall be fully
                   completed, signed and issued by a lead inspector, on a form approved by the Director, when
                   he or she determines that a dwelling unit and common areas are again in compliance with
                   M.G.L. c. 111, § 197(c), and all the conditions of 105 CMR 460.000 and 454 CMR
                   22.00: Deleading and Lead-safe Renovation Regulations in achieving compliance have
                   been met. This document shall be an addendum to the previously issued Letter of Full
                   Compliance.
                   (c) A post-compliance assessment shall be performed by a State Program lead inspector, or
                   may be performed by any code enforcement lead inspector authorized to perform lead
                   inspections in the homes of lead-poisoned children, in any dwelling unit with a Letter of Full
                   Compliance in which resides a child who has been identified as being lead poisoned. Upon
                   request, a post-compliance assessment shall be performed by such a code enforcement lead
                   inspector in any dwelling unit in which resides a child who has been identified as having a blood
                   lead level of concern in accordance with M.G.L. c. 111, § 197C(a) and 105 CMR 460.020.
                   When lead violations are found in such units, the code enforcement lead inspector shall issue
                   the owner an Order to Correct Violation(s), pursuant to 105 CMR 460.750(B)(2).
Source: Legislative text reproduced verbatim
Plain English

Section 105 Mass. Code Regs. 460.000 § 460.760 establishes a multi-stage reinspection and compliance framework for residential deleading in Massachusetts. Occupants cannot return to a unit until a certified lead inspector confirms that all hazards have been properly abated or contained, dust sampling meets required standards, and documentation is complete. Owners who receive a Letter of Full Deleading Compliance must maintain those standards on an ongoing basis, and any newly discovered lead hazards trigger a defined repair and reinspection timeline.

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

Plain English — not legal advice.

For Property Managers

Under § 460.760, compliant property owners ensure that no occupants return to a deleaded unit before a lead inspector has conducted a successful reoccupancy reinspection, including dust sampling meeting the standards of 105 CMR 460.170. Obtaining a Letter of Full Deleading Compliance requires complete documentation from licensed inspectors and authorized deleaders. Once issued, owners with children under six in the unit maintain those compliance standards and arrange for a lead inspector to document any post-compliance repairs within the 30-day window to keep the Letter valid.

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

For Tenants

Under § 460.760, tenants have a right not to be required to return to a unit undergoing deleading until a certified lead inspector has confirmed the space meets reoccupancy reinspection standards. If a post-compliance assessment later finds new lead hazards in a unit where a child has elevated blood lead levels, a code enforcement inspector can issue an Order to Correct Violations. Tenants can contact a local tenant-rights organization or the relevant code enforcement authority 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.

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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

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