Section 194 Detection of sources of lead poisoning; inspection; search warrant; notice; examination of children; reports; records - Massachusetts Statutes

Section 194. The director shall, subject to appropriation, establish a comprehensive program for detection of sources of lead poisoning. Such program shall attempt, to the extent permitted by appropriations, to locate all premises in which the paint, plaster or other accessible structural material contains dangerous levels of lead. The means of detection and the amount of lead in the paint, plaster or other accessible structural material that produces the danger of lead poisoning shall be determined by regulation by the director in accordance with sound medical practice and current technical knowledge.

Such program of detection may, to the extent that all appropriate premises are not inspected, give priority in inspections to those premises located in areas where significant numbers of lead poisoning cases have been reported, and in which children under six years of age reside.

Upon the request of any occupant and subject to appropriation, the director shall cause to have the occupant’s premises inspected, within a reasonable time, not to exceed ten days, unless systematic inspection of the area in which the person requesting the inspection resides is scheduled within thirty days, in which case said inspection may be deferred up to twenty additional days.

When the director is informed of a case of lead poisoning, he shall cause to have inspected the premises in which the victim resides, or has resided within the past twelve months, if the occupants of said premises consent, after reasonable notice, to such inspection. If the occupant refuses admittance, an agent of the director or of any local board of health or code enforcement agency may apply for a search warrant to permit entry. A court may issue a warrant upon a showing that a victim of lead poisoning resides in said premises. The findings of such inspection shall be reported to the director and to the appropriate enforcement authorities.

A dangerous level of lead found in premises inspected pursuant to this section or otherwise, shall be reported immediately to the owner of the building, all mortgagees and lien holders of record, the director, and all affected tenants as outlined below. The owner of such building shall comply with any order to correct violations issued by the director, any local board of health or any code enforcement agency within the time established by regulations promulgated by the director. Except as otherwise provided, abatement or containment of lead shall not be required unless the premises has been occupied by a poisoned child within the past twelve months or is occupied by a child under six years of age. When dangerous levels of lead are present on the exterior of the building or in common areas, notice shall be given to all occupants of the building; and when such levels are present only within particular premises, notice shall be given to the occupants of the premises involved. The director shall promulgate regulations specifying the form and content of all required notices.

When a dangerous level of lead is found in premises inspected pursuant to this section, or otherwise, the director shall cause to have screened all children under six years of age, and such other children as he may find advisable to screen, residing or who have resided within the past twelve months in said premises. The results of such screening shall be reported to the director and the affected child’s parent or legal guardian. The director shall inform such other persons or agencies as he deems advisable, subject to the provisions of section one hundred and ninety-one relating to the names of affected individuals.

The director shall provide by regulation for the implementation by local boards of health, code enforcement agencies and housing inspection agencies of the provisions of this section and the periodic reporting to him of the results of all inspections of premises conducted hereunder by said boards and agencies.

The director shall maintain comprehensive records of all inspections conducted pursuant to this section. Such records shall be geographically indexed in order to determine the location of areas of relatively high incidence of dangerous lead levels. Such records shall be public records. A summary of the results of all inspections conducted pursuant to this section shall be released annually, or more frequently if the director so determines, to all interested parties.