Massachusetts Law About Lead Poisoning and Control
Massachusetts Laws
- MGL 111 s. 189A-199B Lead Poisoning Prevention & Control
- MGL 111 s. 127B ½ 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. "These amendments, which establish safety standards for renovation, repair and painting work that disturbs lead paint in target housing and child-occupied facilities built before 1978, parallel similar federal EPA requirements that became effective on April 22, 2010."
- 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
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.
Other Web Sources
Childhood Lead Poisoning Prevention Program, Mass. Dept. of Public Health. Includes information on the health affects of lead poisoning, deleading, finding a licensed professional, and more.
Lead in Paint, Dust or Soil, US Environmental Protection Agency. Links to federal laws, regulations and resources on lead paint, including federal regulations effective April 22, 2010 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, 2008. Includes how to have children testing, how to have your home testing, de-leading, and legal remedies for tenants.
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, vol. 10-10C (Procedural Forms Annotated) West Group, 2009 with supplement, sec. 38:12, 42:63, 79:65; vol. 15-16B (Legal Forms) West Group, 2008 with supplement, sec. 22:10, 23:12, 24:83, 24:94, 24:98, 26:18, 32:19; vol. 33A-34 (Landlord and Tenant Law) West Group, 2000 with supplement, sec. 18:23-18:35, 21:48; vol. 36A (Consumer Law) West Group, 2010 with supplement, sec. 29:38-29:48; vol. 37A (Tort Law) West Group, 2005, sec. 18.6.
Massachusetts Premises Liability, MCLE, 2004, chapter 5.
"No 'rush to courthouse' Predicted in Wake of Landmark Paint Verdict: challenging manufacturers too arduous for solos." 34 Massachusetts Lawyers Weekly 1521 (March 6, 2006).
Residential and commercial landlord-tenant practice in Massachusetts, MCLE, 2004, chapter 6.
Organizations
Massachusetts Department of Public Health Childhood Lead Poisoning Prevention Program
56 Roland Street, Suite 100
Boston, MA 02129
1-800-532-9571
Public health fact sheets, downloadable forms, introduction to the lead law, guides, and questions and answers available at their web site.
Massachusetts Department of Labor Standards (formerly Division of Occupational Safety)
Information for licenses, employees and consumers.
National Lead Information Center
1-800-424-LEAD
Provides the general public and professionals with information about lead hazards and their prevention. Funded by the Environmental Protection Agency, the Centers for Disease Control and Prevention, and the Department of Housing and Urban Development.
US Department of Housing and Development
Information on federal government programs, laws, regulations, pamphlets, publications, and links to other web sites.