Oakland, CA Building Safety: Lead Paint (2026)
Key Facts
- Governing article
- OMC Ch. 15.08, Art. XIII (added 2022)
- Presumed lead paint
- Any paint on buildings built before 1978
- Interior dust threshold
- 10 µg/sq ft floors trigger hazard finding
- Soil threshold
- 400 ppm play areas / 1,000 ppm elsewhere
- Refusal penalty
- Misdemeanor under § 15.08.560(A)
Summary
Oakland makes property owners solely responsible for removing lead hazards in dwellings, and a certified Lead Risk Assessor's report, not the owner's judgment, decides what removal or control is required; refusing an abatement order is a misdemeanor.
The purpose of this Article is to promote the health, safety, and general welfare of the people of Oakland by requiring the removal of lead hazards throughout the City. This Chapter shall apply to all buildings and portions thereof including the premises on which they are located, including dwellings, dwelling units, hotels, motels, guest rooms, childcare facilities, buildings open to the public, yards, soil, and any premises or areas inhabited or frequented by children. The property owner shall be responsible for the removal or the control of all lead hazards.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 102 | Planning Code: Supplement 59).
Full Breakdown
08, Article XIII ("Lead Hazard Control and Abatement," added by Ordinance No. 13719 in December 2022) governs lead hazards in Oakland dwelling units. 510 states the scope directly: the article "shall apply to all buildings and portions thereof including the premises on which they are located, including dwellings, dwelling units, hotels, motels, guest rooms, childcare facilities, buildings open to the public, yards, soil, and any premises or areas inhabited or frequented by children," and "[t]he property owner shall be responsible for the removal or the control of all lead hazards," with the scope of work set by a third-party, State-certified Lead Risk Assessor retained by the owner.
520 defines "Presumed Lead-Based Paint" as any coating on a structure built before January 1, 1978, unless tested and shown otherwise, and sets numeric hazard thresholds: lead-contaminated dust at or above 10 micrograms/sq ft on interior floors, 100 micrograms/sq ft on interior horizontal surfaces, or 400 micrograms/sq ft on exterior surfaces, and lead-contaminated soil at or above 400 ppm in children's play areas or 1,000 ppm elsewhere. 540, once the Building Official is persuaded on visual inspection that lead hazards are present, the Building Official can order the owner to retain a certified assessor and produce a risk assessment report, and may issue a stop-work order to halt further disturbance of lead-based paint without containment.
550 requires the resulting abatement work plan, including relocation plans for any tenants who must move during the work, to be submitted to the Planning and Building Department for approval and permitting before work begins. 560 makes it a misdemeanor for an owner to refuse or neglect to remove or reduce a known lead hazard after being ordered to by a Code Enforcement Inspector, or to allow readily accessible dangerous lead levels to remain in a dwelling, child care facility, or hotel guest room, and declares all lead hazards a public nuisance. 570 requires everyone performing the abatement work to hold California or EPA certification.
Violations & Fines
Refusing or neglecting to remove a known lead hazard after a Code Enforcement Inspector's order, or damaging/removing abatement or interim control measures so as to cause a lead hazard, is a misdemeanor under Section 15.08.560(A)-(B); all lead hazards are additionally declared a public nuisance under Section 15.08.560(C). Orders can be appealed to a Hearing Officer under Section 15.08.580 following the procedures in OMC 15.04.1.125.
Frequently Asked Questions
Who is responsible for lead hazard removal in an Oakland rental?
Is paint in an old Oakland rental automatically treated as lead-based?
What happens if an Oakland landlord ignores a lead abatement order?
Sources & Official References
Other rules in Oakland
California rules heatmap·Compare Oakland to another location·View the California building safety overview
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