Cal. Civ. Code § 197C
Child exhibiting dangerous blood lead level after issuance of letters of compliance or interim control; liability
Operative Text
Section 197C. (a) If, after the issuance of a letter of full compliance pursuant to subsection (c) of section one hundred and ninety-seven, a child under the age of six exhibits a blood lead level in excess of the level considered dangerous to the child's immediate health as determined by the department, the director shall immediately review the appropriateness of the issuance and take such corrective measures as may be necessary. If after such a review, the director determines the issuance to be appropriate, the department shall conduct an environmental investigation to determine, to the extent possible, the cause of said excess blood lead level. In no event shall an owner of premises which have been issued a letter of full compliance be held strictly liable for injury or damage caused by exposure to dangerous levels of lead during such time that said letter of full compliance was in effect. Notwithstanding the provisions of this subsection, the owner shall remain subject to a standard of reasonable care relative to compliance within the provisions of sections one hundred and eighty-nine A to one hundred and ninety-nine B, inclusive. (b) If, after issuance of a letter of interim control and during compliance with provisions of an emergency lead management plan, pursuant to subsection (b) of section one hundred and ninety-seven, a child under the age of six exhibits a blood lead level in excess of the level considered dangerous to the child's immediate health as determined by the department, the department shall immediately review said interim controls and may alter any emergency lead management plan and letter of interim control previously issued so as to require the immediate abatement or containment of dangerous levels of lead in the premises wherein said child resides. In no event shall an owner in possession of a letter of interim control be held strictly liable for injury or damage caused by exposure to dangerous levels of lead during such time the letter of interim control is in effect.
Mass. Gen. Laws c. 111 § 197C addresses what happens when a child under six is found to have a dangerous blood lead level even after a property has received a letter of full compliance or a letter of interim control. Under full compliance, the issuing director must review whether the letter was properly granted and, if so, the department must investigate the environmental cause of the elevated lead level. In either scenario — full compliance or interim control — the law shields property owners from strict liability for lead-related harm during the period those letters were in effect, while still holding owners to a reasonable care standard under the broader lead law framework.
Plain English — not legal advice.
Under Mass. Gen. Laws c. 111 § 197C, a property owner who holds a valid letter of full compliance or a letter of interim control is not exposed to strict liability for lead-related injuries that occur while that letter is in effect. However, the statute makes clear that this protection does not eliminate the duty of reasonable care — compliant operators generally maintain documentation of all lead inspections, abatement work, and correspondence with the department, and they continue to monitor conditions on the premises in accordance with the broader requirements of the lead law. If a child in the property is found to have an elevated blood lead level, owners should expect the department to conduct a review and potentially require additional abatement or containment measures, particularly under an interim control arrangement.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mass. Gen. Laws c. 111 § 197C establishes that if a child under six in your household is found to have a blood lead level the department considers dangerous, the department is required to review the property's compliance status — even if the property holds a letter of full compliance or interim control. Tenants should be aware that while the law limits strict liability for owners holding those letters, it does not eliminate the owner's obligation to exercise reasonable care under Massachusetts lead law. If you believe a child has been exposed to dangerous lead levels, general enforcement paths include contacting the local board of health or the Massachusetts Department of Public Health, and reaching out to a tenant-rights organization familiar with § 197C for information about 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 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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