Scope of Inspection Responsibility and Inspection Priorities

The State Program, its agents, and agents of local boards of health and other code enforcement agencies are obligated to inspect for lead violations in a dwelling unit, residential premises, and structures within the same lot line that were constructed before 1978, in which a child younger than six years old lives. The State Program, its agents, and agents of local boards of health and other code enforcement agencies may use the lead determination enforcement procedure, in lieu of a lead inspection, in all cases except those that fall under 105 CMR 460.710(A). All inspections or lead determination enforcement procedures shall be carried out according to the following: (A) Dwelling units in which a child lives who is determined to be lead poisoned. Such dwelling units shall be inspected as soon as possible by code enforcement inspectors from the State Program, a local lead poisoning prevention program or board of health. The State Program’s case management staff shall prioritize such inspections. (B) Dwelling units in which a child with a blood lead level of concern resides. The State Program’s case management staff shall prioritize such inspections. (C) Dwelling units in which a child younger than six years old lives for which an inspection is requested by the occupant.