Findings
San Diego Municipal Code § 54.1001
in effect§54.1001 Findings
The Council of the City of San Diego finds and declares that:
(a) Problem: In the City of San Diego, between 1992 and 2003, there were 781 reported cases of childhood lead poisoning (greater then 15 µg/dL) and almost 300 children in 2003 with blood lead levels greater then 10 µg/dL in San Diego County. These figures are not considered a true representation of the problem, as only a small percentage of children are tested (state average is 20%). The Centers for Disease Control and Prevention has declared that the most effective approach to lead poisoning is prevention by eliminating lead hazards from children’s environment.
(b) Health Effects: Lead is most harmful to young children because it interferes with the development of the brain, as well as other organs and systems such as the kidneys and nervous system. Lead poisoning has been linked to reduced IQ, attention deficit disorder, hearing loss, impaired growth, and reading and learning disabilities. Recent research has revealed that even low levels of lead exposure can cause a permanent decrease in a child’s IQ. In adults, high lead levels can cause high blood pressure, headaches, digestive problems, memory and concentration problems, kidney damage, mood changes, nerve disorders, sleep disturbances, and muscle or joint pain.
(c) Housing Stock: Lead-based paint, and associated lead-contaminated dust and lead-contaminated soil, is the number one source of lead poisoning. According to the 2000 United States census, approximately sixty-six percent (310,000) of the housing units in the City of San Diego were built before 1979, and approximately twenty-eight percent (135,000) of the City of San Diego’s housing stock was constructed before 1960.
(d) Prevention is Key: Childhood lead poisoning is preventable. There is no medical treatment to reverse the effects of lead poisoning. Household lead hazards can be permanently eliminated by abatement or controlled through proper maintenance and lead-safe work practices.
(e) Lead Paint Ban: The Consumer Product Safety Commission banned the use of lead in concentrations greater than 600 parts per million in residential paint after February 27, 1978. For this reason, paint applied to a dwelling unit or structure prior to January 1, 1978, is presumed to contain lead unless lead-based paint testing proves it is not lead-based paint. All paint applied to a steel structure is presumed to contain lead unless lead-based paint testing proves it is not lead-based paint.
(f) Lead Hazard: A lead hazard found on any property, premises, dwelling unit, structure, or steel structure within the City of San Diego is a public nuisance.
(g) Lead Safe Work Practices: Dust generated in disturbance of lead paint during renovation and repair is a principal source of lead dust exposure to our children and community. Unless the dust is contained, it permeates the carpet, ductwork, and soil, so that children and adults may breathe or ingest the dust for months and years to come.
(h) Authority: The implementation of Division 10 and the associated enforcement will assist in reducing the presence of lead hazards and, thereby, help the City of San Diego in achieving its goal of eliminating childhood lead poisoning. Under Senate Bill 460, which modified California Civil Code section 1941.1 and California Health and Safety Code sections 17920.10, 17980, 105255, and 105256, the existence of lead hazards in housing can constitute a violation of State Housing Law and maintenance or construction activities which generate lead hazards are prohibited. Amended Health and Safety Code sections 17961, 17980, 105255, and 105256 provide local jurisdictions with specific authority to correct and prevent lead hazards. Division 10 establishes the City of San Diego’s enforcement mechanism for lead-related provisions of the California Civil Code and Health and Safety Code, and provides additional regulation and enforcement tools which will help reduce the exposure of children and others to lead hazards.
(i) Tenant Protection: The Council acknowledges that California Civil Code section 1942.5 prohibits certain acts of retaliation by a landlord against a tenant because of the tenant’s complaint to an appropriate agency regarding a residential unit which contains lead hazards.
(j) Necessary Service: The performance of a lead risk assessment in the interior and on the exterior of a dwelling unit constructed prior to January 1, 1978, as well as the common areas of the dwelling unit, is a necessary service and/or repair to protect the health, safety, and welfare of the occupants of the dwelling unit and the public.
(Amended 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=1Fetched: 10/28/2026