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HomeHealth and Safety CodeDiv. 103Pt. 5Ch. 4§ 105256 Lead Hazard Abatement Orders

§ 105256 Lead Hazard Abatement Orders

Health and Safety Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 105256 Lead Hazard Abatement Orders

This law lets the health department or local agency tell a property owner to fix a lead danger and tell the person causing it to stop, and says you must obey those orders.

Key Takeaways

  • •The department or local agency can order a property owner to clean up a lead hazard and can order the person causing it to stop.
  • •Refusing to follow that order is illegal.
  • •First refusal = fine up to $1,000; second or later refusal = up to $5,000 fine, up to 6 months jail, or both.
  • •These penalties are added on top of any other legal penalties.

Example

A landlord’s old paint is found to have dangerous lead. The health department orders the landlord to remove the paint and tells the contractor who applied it to stop using lead.

If the landlord or contractor ignores the order, they can be fined or even jailed for a repeat offense.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 105256 Lead Hazard Abatement Orders

(a)  Notwithstanding any other provision of law, whenever the department or a local enforcement agency determines that a condition at a location or premises, or the activity of any person at the location or premises, is creating or has created a lead hazard at the location or premises, the department or the local enforcement agency may order the owner of the location or premises to abate the lead hazard, and may order the person whose activity is creating or has created the lead hazard, to cease and desist. (b)  It is unlawful for any person to refuse to obey any order issued pursuant to this section. (c)  A violation of subdivision (b) shall be an infraction punishable by a fine not to exceed one thousand dollars ($1,000). (d) A second or subsequent violation of subdivision (b) shall be a misdemeanor punishable by a fine not to exceed five thousand dollars ($5,000) or by imprisonment for not more than six months in the county jail or by both that fine and imprisonment. (e)  Any penalties under this section shall be in addition to any other penalty or remedy provided by law. (Amended by Stats. 2006, Ch. 477, Sec. 1. Effective January 1, 2007.)

Last verified: January 11, 2026

Key Terms

lead hazardabatecease and desistinfractionmisdemeanor

Related Statutes

  • § 105255 Lead Construction Safety Rules
  • § 106795 Radon Service Violations
  • § 106878 Water Operator Certification Requirements
  • § 106955 Shoe Fitting X-Ray Ban
  • § 106960 Scalp Implant Ban

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 105256.
View Official Source