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Massachusetts law about lead poisoning and control

A compilation of laws, regulations, cases and web sources on lead paint law.
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Lead Safety
A collection of resources from state agencies, including lead and your child's health, finding and removing lead, deleading on my own, lead data, Massachusetts lead law, and lead information for providers.

Massachusetts laws

MGL 111 s. 189A-199B  Lead Poisoning Prevention & Control
MGL 111 s. 127B-1/2   Removal of Dangerous Levels of Lead Paint
MGL 93A s. 2, 9, 11 Consumer Protection
MGL 112 s. 12BB Mandatory Screening by Physicians of Preschool Children
MGL 151B s. 4(11) Discrimination Against Families with Young Children
MGL 186 s. 18 Reprisals Against Tenants for Reporting Violations

Massachusetts regulations

105 CMR 410.502 State Sanitary Code- Use of Lead Paint Prohibited
105 CMR 460 Lead Poisoning Prevention & Control
454 CMR 22 De-leading Regulations
760 CMR 14 Lead Paint Abatement Loan Program

Federal laws

42 USC 4821 Lead-Based Paint Poisoning Prevention
42 USC 4851-4856 Residential Lead-Based Paint Hazard Reduction Act
P.L. 110-314, Sec.101 Children's Products Containing Lead

Federal regulations

24 CFR 35 Lead Poisoning Prevention, Certain Residential Structures
24 CFR 200.800 Lead Poisoning Prevention, Existing Housing
40 CFR 745 Lead-Based Paint Poisoning Prevention in Certain Residential Structures

Forms

Tenant Lead Law Notification Form

Property Transfer Lead Paint Notification, Property Transfer Certification Form

Short Term Vacation or Recreational Rental Exemption Form

Selected case law

Al-Ziab v. Mourgis , 424 Mass. 847 (1997)
A landlord's violation of the lead paint statute does not, without a showing of at least negligent conduct by the landlord, constitute a violation of the statutory covenant of quiet enjoyment for purposes of awarding attorney's fees

Bencosme v. Kokoras , 400 Mass. 40 (1987)
Owners of residential property are strictly liable for injuries sustained under the lead paint act

Massachusetts Rental Housing Association Inc. v. Lead Poisoning Control Director , 49 Mass. App. Ct. 359 (2000)
Sodium sulfide test is economical, convenient and endorsed by other testing authorities and thus has a rational basis. Notice to prospective tenants published by Dept. of Public Health is factually accurate and legally correct.

Web sources

Childhood Lead Poisoning Prevention Program, Mass. Dept. of Public Health
Everything you need to know about the lead law, including public health fact sheets, downloadable forms, introduction to the lead law, guides, data and reports. Also provides informaiton on finding a licensed professional. 

Deleading and lead safety   
Information for licenses, employees and consumers

Lead, US Environmental Protection Agency
Links to federal laws, regulations and resources on lead paint, including those requiring "contractors performing renovation, repair and painting projects that disturb lead-based paint in homes, child care facilities, and schools built before 1978" be certified

Lead Paint Removal , Citizen Information Service
Explains the legal obligations of landlords and owners. For example, "An owner cannot evict or refuse to rent to anyone because of lead paint, enforceable by the MA Commission Against Discrimination."

Legal Tactics: Self-Defense for Tenants in Mass., Chapter 9: Lead Poisoning , Mass. Law Reform Institute, 2017
Includes how to have children testing, how to have your home testing, de-leading, and legal remedies for tenants

National Lead Information Center (NLIC)
1-800-424-LEAD
Provides the general public and professionals with information about lead hazards and their prevention. Funded by the Environmental Protection Agency and the Department of Housing and Urban Development.

Office of Lead Hazard Control and Healthy Homes (OLHCHH)
Information on federal government programs, laws, regulations, pamphlets, publications, and links to other web sites

Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools , Environmental Protection Agency
"Beginning April 2010, federal law will require that contractors performing renovation, repair and painting projects that disturb lead-based paint in homes, child care facilities, and schools built before 1978 to be certified and follow specific work practices to prevent lead contamination." This pamphlet explains the requirements in plain English.

Print sources

"Landlord's Liability for Injury or Death of Tenant's Child from Lead Poisoning," 19 ALR 5th 405

Liability and Lead Paint Litigation , MCLE, 2005

Massachusetts Practice:

Residential and commercial landlord-tenant practice in Massachusetts , MCLE, loose-leaf, chapter 6

Contact

Phone

Within Massachusetts only

Within Massachusetts only

Online

Reference librarians online Chat with a law librarian 
Reference librarians via email masslawlib@gmail.com

Address

Administrative office (no law library at this location)
2 Center Plaza
9th Floor
Boston, MA 02108
Last updated: July 6, 2018

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