Lead Enforcement Program and Current Ordinances
If you are a tenant in a house or apartment built before 1979 that contains
deteriorated paint, and are unable to have the property owner correct
the problem, call 858-694-7000 to file a confidential complaint. Also,
if you observe anyone unsafely disturbing paint on a pre-1979 building
(i.e., scraping, with paint chips falling to the ground), this may be
a violation and you can file a confidential complaint at the same number.
The City will perform an on-site inspection to determine if lead hazards
are present and work with the owner and/or contractor to correct the problem(s).
As of June 1, 2002, the City of San Diego enforces City
Municipal Code section 54.1001 et. seq. (Chap 05 Art 04 Div 10, Abatement
of Lead Hazards), which states that it is illegal to create or maintain
a lead hazard. This means that deteriorated paint on a home that was built
before 1979 may be lead-based paint, and if so, the home is substandard
housing and that is illegal.
As of January 1, 2003, California Health and Safety Code sections 105251-56
makes it illegal for anyone, including contractors, painters, and remodelers,
to create a lead hazard. Paint in pre-1979 housing is considered to be
lead-based paint unless analytical work proves otherwise. Disturbance
of more than 2 square feet of lead-based paint with improper work practices
can create a lead hazard. The City is now performing enforcement of these
code provisions as of October 1, 2003.
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