Massachusetts law about lead poisoning and control

Laws, regulations, cases and web sources on lead paint law.

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Lead safety
A collection of resources from Massachusetts state agencies, including: lead and your child's health; finding and removing lead; deleading on my own; lead data and reports; Massachusetts lead law; and lead information for providers.

Massachusetts laws

MGL c.62, § 6(e) Credits
Includes tax credits for lead abatement as amended by Chapter 50 of the Acts of 2023, sections 9 and 10.

MGL c.93A, §§ 2, 9, 11 Consumer protection

MGL c.111, §§ 189A-199B Lead poisoning prevention & control

MGL c.111, § 127B-1/2  Removal of dangerous levels of lead paint

MGL c.112, § 12BB Mandatory screening by physicians of children under the age of six

MGL c.151B, § 4(11) Discrimination against families with young children

MGL c.175, § 111H Liability insurance for residential property owners complying with lead poisoning prevention guidelines

MGL c.186, § 18 Reprisals against tenants for reporting violations

Massachusetts regulations

105 CMR 410.502 State sanitary code - use of lead paint prohibited in dwellings

105 CMR 460 Lead poisoning prevention & control
Contains mandatory screening requirements for children under age 6 who are entering daycare or school, lead abatement, training and registration of lead inspectors, and enforcement procedures.

211 CMR 131 Requirements applicable to insurance on liability for injury from exposure to dangerous levels of lead in dwelling units

454 CMR 22 De-leading and lead-safe renovation
Training and licensing procedures, work practices, and record keeping requirements.

454 CMR 23 Occupational lead poisoning registry

606 CMR 7.07 (15)(a) Lead paint and poisoning information disclosure requirements for family and school age child care programs

760 CMR 14 Lead paint abatement loan program

804 CMR 2.02 (3)(a) Housing discrimination against persons with children

830 CMR 62.6.3 Lead paint removal credit allowed against income tax

Federal laws

42 USC §§ 4821-4846 Lead-based paint poisoning prevention

42 USC §§ 4851-4856 Residential lead-based paint hazard reduction act

15 USC § 1278a Children's products containing lead

Federal regulations

16 CFR Part 1303 Ban of lead-containing paint and certain consumer products bearing lead-containing paint

24 CFR Part 35 Lead-based poisoning prevention in certain residential structures

24 CFR §§ 200.800-200.810 Lead-based poisoning prevention

40 CFR Part 745 Lead-based paint poisoning prevention in certain residential structures

Forms

Tenant lead law notification and certification form, Mass. Department of Public Health.

Property transfer notification certification form, Mass. Department of Public Health.
The form is the final page of this property transfer lead paint notification package. "Under Massachusetts and federal law, this notification package must be given to prospective purchasers of homes built before 1978."

Short term vacation or recreational rental exemption notification form, Mass. Department of Public Health.

Selected cases

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)
The Department of Public Health regulation authorizing the sodium sulfide test was declared valid, and the tenant notification form was found to be legally correct.

Navarro v. Burgess, 99 Mass. App. Ct. 466 (2021)
Lead inspector owed no duty to person who became a tenant more than 20 years after inspection and several property ownership changes.

Rabassa v. Cerasuolo, 97 Mass. App. Ct. 809 (2020)
Insurance company could not deny coverage when landlord was not informed that his documentation for obtaining lead poisoning policy was inadequate.

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, forms, introduction to the lead law, data, and reports. Also provides information on finding a licensed lead inspector.

Deleading and lead safety, Mass. Dept. of Labor Standards.
Information on obtaining deleading licenses and finding licensed deleading contractors.

Deleading rental properties in Massachusetts, MassLandlords.net.
Explains options and requirements for deleading a property, maintaining compliance, and potential fines for violating the lead paint laws.

Finding and removing lead, Childhood Lead Poisoning Prevention Program.
"These resources can help you find out if you have lead in your home and how to remove it. Some deleading work must be done by licensed deleaders and other work may be done by homeowners."

Lead, U.S. Environmental Protection Agency.
Links to federal laws, regulations and resources on lead paint, including basic information about lead, ways to protect your family, and lead abatement.

Legal tactics: self-defense for tenants in Mass., Chapter 9: Lead poisoning, Mass. Law Reform Institute, 2017.
Includes how to test children and residences, deleading, protections under state and federal laws, and legal remedies for tenants.

National Lead Information Center (NLIC)
1-800-424-LEAD (5323)
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)US Dept. of Housing and Urban Development.
Information on federal government programs, laws, regulations, pamphlets, publications, and links to other web sites.

Print sources

Drafting and negotiating Massachusetts contracts, 3rd ed., MCLE, loose-leaf, Sections 9.2.5 and 10.4.8.

Handling residential real estate transactions in Massachusetts, 5th ed., MCLE, Chapter 4, Due diligence: home inspections and environmental land use law.

"Landlord's liability for injury or death of tenant's child from lead paint poisoning," 19 ALR 5th 405.

Liability and lead paint litigation, MCLE, 2005.

Massachusetts Practice:

Massachusetts landlord-tenant law, 2nd. ed., Lexis, Sections 16:15-16:17.

Massachusetts proof of cases: Civil, West, annual softcover edition, chapter 20 Lead poisoning.

Residential and commercial landlord-tenant practice in Massachusetts, 4th ed., MCLE, 2022. Chapter 6: Lead paint: complying with Massachusetts law.

Contact for Massachusetts law about lead poisoning and control

Last updated: January 16, 2024

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