Cal. Civ. Code § 189A
Definitions applicable to Secs. 189A to 199B
Operative Text
Section 189A. For the purposes of this section and sections one hundred and ninety to one hundred and ninety-nine B, inclusive, the following words shall, unless the context clearly indicates otherwise, have the following meanings:— ''Abatement'', the removal and replacement of paint, plaster or other accessible structural material containing dangerous levels of lead. ''Advisory committee'', the committee established in section one hundred and ninety. ''Child-occupied facility'', a building or portion thereof constructed before 1978 and visited regularly by the same child, under 6 years of age, on at least 2 different days within a week if each day's visit lasts at least 3 hours, the combined weekly visits last at least 6 hours and the combined annual visits last at least 60 hours, and shall include but not be limited to, day care centers, preschools and kindergarten classrooms; provided, however, that child-occupied facilities may be located in residential premises or in public or commercial buildings. ''Commissioner'', the commissioner of public health. ''Containment'', the encapsulation, covering or enclosing by means authorized by the director, of paint, plaster or other accessible structural material containing dangerous levels of lead. ''Department'', the department of public health. ''Director'', the lead poisoning control director provided for in section one hundred and ninety. ''Owner'', any person who alone or jointly or severally with others (i) has legal title to any premises; (ii) has charge or control of any premises as an agent who has authority to expend money for compliance with the state sanitary code, executor, administrator, trustee or guardian of the estate or the holder of legal title; (iii) is an estate or trust of which such premises is a part, or the grantor or beneficiary of such an estate or trust; or (iv) is the association of unit owners of a condominium or cooperative, which shall be considered an owner solely with respect to common areas and exterior surfaces and fixtures of such condominium or cooperative; provided, however, that the term ''owner'' shall not include a secured lender except to the extent provided in section one hundred and ninety-seven D. ''Premises'', any residential premises, dwelling unit or residential property constructed prior to nineteen hundred and seventy-eight.
Mass. Gen. Laws c. 111 § 189A establishes the foundational vocabulary for Massachusetts' lead paint regulatory framework, which spans sections 189A through 199B. It defines key terms such as 'abatement,' 'containment,' 'owner,' 'premises,' and 'child-occupied facility' that govern how the state's lead poisoning prevention rules are interpreted and applied. Notably, the definition of 'premises' is limited to residential properties built before 1978, and 'owner' is defined broadly to include not just titleholders but also agents, trustees, and condominium associations—each within specified limits.
Plain English — not legal advice.
Property owners and managers operating under Massachusetts lead paint law should be aware that § 189A casts a wide net over who qualifies as an 'owner' for compliance purposes, encompassing agents with authority to spend money on code compliance, trustees, and estate representatives. Operators of facilities regularly visited by children under 6—such as day care centers or preschools in pre-1978 buildings—should recognize that such spaces may qualify as 'child-occupied facilities' under this section, triggering additional obligations elsewhere in the statutory scheme. Condominium associations are treated as owners under § 189A specifically with respect to common areas and exterior surfaces, a distinction that shapes how compliance responsibilities are allocated among unit owners and the association.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in pre-1978 residential housing in Massachusetts benefit from a regulatory framework that begins with the definitions in § 189A, which broadly defines who counts as an 'owner' responsible for lead-related obligations—meaning that even an agent or property manager with spending authority may bear responsibility, not just the titleholder. If a household includes a child under 6 who regularly spends time in a pre-1978 building, the definitions in this section may be relevant to understanding what protections apply under the broader lead law. Tenants who believe lead hazards are present can explore options such as contacting the Massachusetts Department of Public Health, raising a violation as a defense in housing proceedings, or reaching out to a local tenant-rights organization for guidance on the full range of remedies available under sections 189A to 199B.
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 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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