Lead Hazards in Housing
San Diego Municipal Code § 54.1007
in effect§54.1007 Lead Hazards in Housing
(a) Presumption
For all dwelling units constructed prior to January 1, 1978, it is presumed that the paint in the interior or on the exterior of the dwelling unit is lead-based paint.
(b) Owner’s Opportunity to Rebut Presumption
The owner of a dwelling unit constructed prior to January 1, 1978, may apply to the Department to have such dwelling unit exempted from the presumption contained in section 54.1007(a) when either:
(1) lead-based paint testing results demonstrate that no lead paint is present in the interior or on the exterior of such dwelling unit; or
(2) documentation from a Certified Lead Inspector/Assessor demonstrates that alterations have been made to the dwelling unit and such alterations have resulted in the removal of all lead-based paint in that dwelling unit.
(c) Owner’s Duty to Correct; Work Plan Required
(1) Lead hazards unlawful. The existence of a lead hazard in any dwelling unit is hereby declared to constitute a condition dangerous to life and health. It is unlawful for a responsible person to allow a lead hazard to exist. The owner of a dwelling unit shall take action to prevent the occurrence of a lead hazard and shall expeditiously correct a lead hazard, upon receiving notice from the Director, or notice by any other means, of its existence, in accordance with section 54.1006. If the lead hazard is caused in whole or in part by an underlying defect the owner of the dwelling unit shall correct the underlying defect to prevent a further lead hazard.
(A) Within 30 days of receiving notice from the Director of the existence of a lead hazard, the owner of a dwelling unit shall submit to the Director or designee a statement of intent and a work plan to correct the lead hazard, a proposed work schedule, and the methods by which the owner will accomplish compliance with this Division, including compliance with the temporary relocation requirements of section 54.1006, if applicable.
(B) Upon receipt of the work plan, the Director may require any additional information or plan adjustments to ensure such conformance with the requirements of this Division. All work plans shall require written approval of the Director. Written approval may be by electronic mail or other writing.
(2) The owner of a dwelling unit shall correct all identified lead hazards according to the approved work plan and schedule, including any revisions required by the Director, and complete the clearance inspection within thirty (30) calendar days of the approval date of the work plan, unless:
(A) the Director determines that a lead hazard is present, which lead hazard constitutes an immediate threat to the health and safety of occupants of the dwelling unit, in which case the owner of the dwelling unit shall comply with the Director’s directives; or
(B) the owner of the dwelling unit files a request for a time extension summarizing (i) the owner’s efforts to date to comply with the approved work plan and schedule;
(ii) demonstrating the need for additional time to correct the lead hazard; (iii) a proposed adjusted work schedule;
(iv) the methods by which the owner will accomplish compliance with this Division including compliance with the temporary relocation requirements of section 54.1006(a); and the Director approves an extended time for compliance with this Division. The Director shall have sole discretion to approve or disapprove time extension requests.
(3) Within seven days after obtaining the clearance inspection report, the owner of a dwelling unit shall provide proof of compliance with section 54.1007 by submitting a copy of the clearance inspection report to the City of San Diego at: by email to Lead-Safe@sandiego.gov, or by mail to the assigned inspector for the case at:
Environmental Services Department Lead Safety and Healthy Homes Program 9601 Ridgehaven Court, Ste 310 San Diego, CA 92123
Submittal of the clearance inspection report to the City of San Diego does not satisfy the requirement of Title 17 of the California Code of Regulations, as may be amended, for submittal of the 8552 form to the CDPH.
(4) The owner of a rental dwelling unit determined to be in violation of section 54.1007 may be required by the Director to implement maintenance and monitoring schedules as provided in a Lead Risk Assessment Report prepared by the City under title 17, section 36000 of the California Code of Regulations, as may be amended, and Chapters 5 and 6 of the HUD Guidelines.
(d) Administrative abatement of a lead hazard shall be in accordance with the procedures provided in San Diego Municipal Code Chapter 1, Article 2, Division 6.
(e) Summary abatement of an imminent lead hazard shall be in accordance with the procedures provided in San Diego Municipal Code Chapter 1, Article 2, Division 7.
(f) Judicial abatement of a lead hazard shall be in accordance with the procedures provided in San Diego Municipal Code Chapter 1, Article 2, Division 2.
(Added 4-8-2008 by O-19732 N.S; effective 5-8-2008.)
(Amended 1-23-2025 by O-21912 N.S.; effective 2-22-2025.)
Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter05/Ch05Art04Division10.pdf#page=15Fetched: 10/28/2026