Senate Bill 460:
Giving Enforcement Agencies Authority
To Prevent Lead Poisoning
Before SB 460,
Agencies focus on secondary prevention
 Intervene to address lead hazard only after child is poisoned
 Law provides secondary prevention role for health department
 Law does not give clear role to housing department
Before SB 460,
Local agencies have limited primary prevention authority:
 Cite lead hazards or unsafe work practices as “nuisances,” a
substandard housing condition
o Only enforced by housing departments
o Rarely enforced
o But nuisances problematic to prove
o No clear penalty for violations
 Where local ordinance grants authority
o Applies to very few cities
o Typically, ordinance grants only very limited authority
 Cal/OSHA can require lead safe work practices
o Only where employer/employee relationship
o Limited enforcement resources
 Federally-assisted housing must be made lead safe
o Applies to only a small number of units
o Limited enforcement
Western Center on Law and Poverty
1
After SB 460,
Agencies have authority to prevent lead poisoning:




Agencies can cite landlords for “lead hazards”
Agencies can stop unsafe work practices
Agencies can order workers to use lead safe work practices
Agencies can fine property owners and workers who violate orders
Enforcement authority granted to:





Health departments
Housing departments
Building departments
Environmental health departments
State Department of Health Services
[Source: Health & Safety Code §17961; H&S Code §105251(c)]
SB 460 grants enforcement authority to agencies under:
 State health law
 State housing law
 Key difference is definition of “lead hazard”
Western Center on Law and Poverty
2
Authority Under State Health Law
SB 460 authorizes primary prevention:
 No requirement that there be a poisoned child to initiate enforcement.
 Where disturbing paint in pre-1978, can presume lead-based.
 Where agency finds “activity” that creates “lead hazard”:
o Order owner to abate lead hazard
o Order person creating lead hazard to cease and desist
o Violating order punishable by $1000 fine
o Fine is in addition to any other penalties
[Source: Health and Safety Code §105256]
 Where agency finds “condition” that creates “lead hazard”
o Order owner to abate lead hazard
o Violating order punishable by $1000 fine
o Fine is in addition to any other penalties
[Source: Health and Safety Code §105256]
 For lead-related construction work, agency can:
o Enter and inspect premises
o Where lead hazard:
 Order cease and desist
 Order abatement or correction
o Violating order punishable by $1000 fine
o Fine is in addition to any other penalties
[Source: Health and Safety Code §105255]
Western Center on Law and Poverty
3
Authority Under State Housing Law
Primary prevention: No requirement that there be a poisoned child to
initiate enforcement.
“Lead hazard” violates housing standards:
 Cite “lead hazards” as a housing code violation
o Must know that lead is present
o Can’t presume presence of lead in pre-1978 buildings,
even if there is ongoing work
 Enforce violations like other substandard housing conditions
[Source: Health &Safety Code §§17920.10 and 17980]
“Lead hazard” is an untenantable condition:
 If tenant proves existence of lead hazard, unit is untenantable
 Tenant may withhold rent for untenantable conditions
 Tenant should never withhold rent without first talking to a lawyer
o If withholding appropriate, consider paying rent into escrow
account
[Source: Civil Code §1941.1]
Western Center on Law and Poverty
4
Definitions of Lead Hazard
Different “lead hazard” definitions for
 State health law
 State housing law
 Difference is whether can presume presence of lead in pre-1978
buildings
State health law definition of “lead hazard”







Deteriorated lead-based paint
Lead contaminated dust
Lead contaminated soil
Disturbing lead-based paint without containment
Disturbing presumed lead-based paint without containment
Any other nuisance
No de minimis
[Source: 17 CCR §35037]
State housing law definition of “lead hazard” is same except:
 Does not include:
o “disturbing presumed lead-based paint”
o “any other nuisance”
 De minimis standard:
o For “deteriorated” paint or “disturbed” paint
 Must affect area at least:
 Two square feet in the interior; or
 Twenty square feet on exterior; or
 10% of surface area of small component
o Does not apply if person with 10 μg/dl
[Source: Health & Safety Code §17920.10(a),(c) and (d)]
Western Center on Law and Poverty
5
Possible Prevention Roles
Local Enforcement Agencies
 Under Housing Law, cite landlords for “lead hazards”
o Where know there is lead
o Where minimum is disturbed or presence of lead dust hazard
 Under Health Law, require lead safe work practices when order work
o Can presume presence of lead based paint when enforcing
 When encounter unsafe work practices, stop work and require safe
work practices
 When workers violate order to use lead safe work practices, stop work
and issue fine
 Require lead safe work practices in building permits
Community-Based Organizations
 Work with local enforcement to develop implementation plan
 Take dust samples and refer lead hazards to local agencies for
enforcement
 Report unsafe work practices to local agencies for enforcement
 Educate tenants about lead hazards and safe work practices
o Encourage tenants to report violations to local agencies for
enforcement
Western Center on Law and Poverty
6
Reporting Requirements
For Blood Lead Analysis
Laboratories must report all blood lead analyses:
 To State DHS
 Regardless of result of analysis
 Failure to comply punishable by $500 fine
Report shall include:
 Test results in μg/dl
 Date specimen taken
 Source of specimen
 Other identifying information including
o Name and gender
o Address or phone number
o Birth date
o Health care provider
o Analyzing laboratory
Timing of report shall be:
 Within 3 days if result is 10 μg/dl or more
 Within 30 days if result is less than 10 μg/dl
[Source: Health and Safety Code §124130]
Western Center on Law and Poverty
7