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Oakland, CA Building Safety: Lead Paint (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

View official code

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?
Section 15.08.510 places responsibility squarely on the property owner, who must have a third-party State of California certified Lead Risk Assessor determine the extent of removal or control needed for any dwelling, dwelling unit, hotel, motel, or premises frequented by children.
Is paint in an old Oakland rental automatically treated as lead-based?
Yes for older buildings. Section 15.08.520 defines "Presumed Lead-Based Paint" as any coating on a structure built before January 1, 1978, unless the owner has it tested under state law and it's shown not to be lead-based.
What happens if an Oakland landlord ignores a lead abatement order?
Section 15.08.560(A) makes it a misdemeanor for a property owner to refuse or neglect to remove or reduce a known lead hazard after being ordered to do so by a Code Enforcement Inspector, and all lead hazards are separately declared a public nuisance.

Sources & Official References

Other rules in Oakland

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