The Massachusetts Lead Law

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The Massachusetts Lead Law (M.G.L. c. 111, §§ 189A-199B) is one of the most comprehensive and stringent lead paint hazard laws in the United States. Its primary goal is to prevent childhood lead poisoning by requiring the deleading or interim control of lead hazards in homes where children under six years of age live or will live. Understanding this law is crucial for homeowners, landlords, and real estate professionals in Massachusetts.

Core Principles of the MA Lead Law

1. Presumption of Lead: In Massachusetts, if a child under six lives in a residential property built before 1978, it is presumed to contain lead paint, and therefore, lead hazards must be addressed.
2. Owner Responsibility: Property owners (including landlords and homeowners) are legally responsible for complying with the Lead Law. This responsibility cannot be transferred to tenants.
3. Focus on Young Children: The law is specifically designed to protect children under six because they are most vulnerable to the irreversible health effects of lead poisoning.

Key Requirements of the Law

1. Lead Inspection and Certification

• Required for Properties with Young Children: If a child under six resides in or is regularly present in a home built before 1978, the owner must have the property inspected by a Massachusetts-licensed Lead Inspector or Risk Assessor.
• Lead Determination Report: The inspector will identify all lead hazards (e.g., lead paint in poor condition, lead dust) and issue a report detailing the findings.
• Letter of Compliance: To be in full compliance with the law, the property must receive a "Letter of Compliance" (either Full Deleading Compliance or Interim Control Compliance) from the State Lead Poisoning Prevention Program (CLPPP) after all identified hazards have been safely addressed.

2. Deleading and Interim Control

Once lead hazards are identified, property owners have two primary options to achieve compliance:

• Full Deleading: This involves the permanent removal, enclosure, or encapsulation of all lead-based paint hazards identified in the inspection report. This work must be done by a licensed Lead Abatement Contractor.
• Interim Control: This is a set of temporary measures designed to reduce lead exposure, such as repairing deteriorated paint, specialized cleaning, and covering lead-painted surfaces. Interim control must also be performed by licensed professionals and requires ongoing maintenance and re-inspections.

3. Disclosure Requirements

• Rental Properties: Landlords must disclose any known lead hazards to prospective tenants and provide them with a copy of the Lead Law Notification form and any lead inspection reports before signing a lease.
• Property Sales: Sellers of homes built before 1978 must disclose any known lead hazards to prospective buyers and provide them with a Lead Paint Notification form and any lead inspection reports. Buyers have a 10-day right to conduct a lead inspection.

4. Renovation and Repair Rule (RRP)

While not strictly part of the MA Lead Law, the federal EPA's Renovation, Repair, and Painting (RRP) Rule applies to contractors performing work in homes built before 1978. This rule requires lead-safe work practices to prevent contamination during renovation activities, even if the property is not undergoing full deleading.

Penalties for Non-Compliance

Non-compliance with the Massachusetts Lead Law can result in significant penalties for property owners, including:

• Fines: Substantial civil and criminal penalties can be imposed.
• Liability: Owners can be held liable for damages if a child living in their property suffers from lead poisoning.
• Orders to Correct: The state can issue orders requiring immediate abatement of lead hazards.
• Property Liens: In some cases, the state may place a lien on the property to recover costs associated with lead hazard remediation.

Resources for Property Owners

• Massachusetts Department of Public Health (MDPH) - Childhood Lead Poisoning Prevention Program (CLPPP): The primary state agency overseeing the Lead Law, providing information, resources, and lists of licensed professionals.
• Local Boards of Health: Your local Board of Health can often provide guidance on local lead ordinances and assistance programs.
• Housing Agencies: Various housing agencies may offer financial assistance or grants for lead abatement.

Protecting Your Family and Property

If you own a pre-1978 home in Massachusetts, especially one where children under six live or will live, understanding and complying with the Lead Law is paramount. By proactively addressing lead hazards, you not only avoid legal penalties but, more importantly, protect the health and future of the most vulnerable members of your community. Always consult with licensed professionals for lead inspection, risk assessment, and abatement services.