Enforcement by Code Enforcement Agencies

(A) Responsibilities Generally. Pursuant to M.G.L. c. 111, §§ 194 and 198, local code enforcement agencies have the responsibility for making inspections of residential premises and other buildings which children utilize, and for enforcing the lead poisoning prevention laws, consistent with their sanitary code inspection and enforcement responsibilities under M.G.L. c. 111, §§ 127A through 127K. (B) Inspection Responsibility. A local code enforcement agency must inspect for lead paint whenever it receives a signed parental request for a lead inspection from an occupant or conducts an inspection for violations of the State Sanitary Code in a dwelling unit or residential premises constructed before 1978, where a child younger than six years old resides. If the inspector is not certain whether or not a residence was constructed before 1978, the inspector shall check the relevant building permit at the city or town building department. If the inspector verifies that the dwelling was constructed in 1978 or later, the inspector shall nevertheless determine whether any other structures within the same lot line were constructed before 1978, and if so, inspect them for lead paint. The obligation to inspect for lead paint must be fulfilled in one of the following two ways: (1) A lead inspection shall be conducted at the time of the Sanitary Code inspection, or the person conducting the Sanitary Code inspection shall ensure that a separate lead inspection by a code enforcement lead inspector is conducted within the timelines specified in the Sanitary Code; or (2) In lieu of a complete lead inspection by a code enforcement inspector, the lead determination enforcement procedure may be followed at the time of the Sanitary Code inspection and in all circumstances covered by 105 CMR 460.710, except 105 CMR 460.710(A). A lead determination report format approved by the Director shall be used to record test results. The lead determination enforcement procedure shall be performed in accordance with guidance approved by the Director. If the lead determination enforcement procedure identifies at least one surface with a lead violation, the code enforcement agency shall issue an Order to Correct Violation(s) in accordance with the procedures set out in 105 CMR 460.750(B), stating the enforcement deadlines set out in 105 CMR 460.751(C), or in post-compliance cases, the deadlines set out in 105 CMR 460.760(E). Said Order to Correct Violation(s) shall be enforced through judicial proceedings, in accordance with 105 CMR 460.800. (C) Emergency Matters. Violations of M.G.L. c. 111, §§ 196 and 197 produce immediate danger of lead poisoning and constitute emergency matters pursuant to M.G.L. c. 111, § 198 and the State Sanitary Code. Local code enforcement agencies shall treat them as emergency matters, giving such violations preference over all other violations, except other emergency matters, and shall follow the time limitations in 105 CMR 460.750, 460.751 and 460.800.