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Waco, TX Building Safety: Lead Paint (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Investigation trigger
Blood lead ≥10 µg/dL
Plan deadline
90 days from written notice
Investigator
State-certified lead risk assessor
Administering agency
Waco-McLennan County Public Health District
Penalty
Class C misdemeanor + possible civil action

Summary

Waco requires an owner to submit a written lead-hazard removal plan within 90 days of notice once a city or state investigation confirms lead-based paint or soil lead hazards tied to a child's elevated blood lead level. Failing to submit or follow the plan is a class C misdemeanor and can trigger civil penalties.

Sec. 16-229. - Penalties and enforcement. (a)A person commits an offense if the person: ... (2)Failed to provide the city with a plan for removal/elimination of the lead paint hazards at the residence or facility through interim controls or abatement or a combination of interim controls and abatement by the 90th day after the notice was delivered to the residence or facility (as applicable).(b)An offense under subsection 16-229(a) is a Class C misdemeanor, punishable in accordance with section 1-14 of the Code of Ordinances of the City of Waco, Texas.

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 88).

Full Breakdown

Article VIII of Chapter 16 sets up Waco's lead response system, run through the Waco-McLennan County Public Health District. Under Sec. 16-221, once a child has a venous blood lead test at 10 micrograms per deciliter or higher, the local health department may contact the child's parents or physician and either conduct its own environmental lead investigation of the home, child-care facility, or child-occupied facility, or ask the state Department of State Health Services to do one. Sec. 16-223 lets the city investigate using Form Pb-103 only with written adult-occupant or facility-owner consent, and Sec.

16-224 requires the investigation be led by a person currently certified by the state as a lead risk assessor, who may be a third-party contractor. If that investigation turns up lead-based substances hazardous to a child under six, Sec. 16-228 requires the city to send written notice, in person or by certified mail, telling the owner (or facility operator or principal) that a lead hazard exists, how to remove it, and that a written removal plan is due to the city's housing and economic development department within 90 days of the notice; the notice must also spell out the possible penalties for noncompliance. Sec. 16-229 makes it an offense for the owner, operator, or principal to fail to submit that 90-day plan.

Violations & Fines

Failing to submit a removal plan to the city within 90 days of the Sec. 16-228 notice is a class C misdemeanor under Sec. 16-229(b), punishable under Sec. 1-14 of the Code. Failing to submit a plan or failing to implement it within 90 days of submission also exposes the owner, operator, or principal to civil action or an injunction suit with civil penalties, in addition to criminal prosecution, and the city may refer the property to the building standards commission under Sec. 16-229(d).

Frequently Asked Questions

What triggers a lead investigation of a Waco property?
Under Sec. 16-221, a child's venous blood lead test at 10 micrograms per deciliter or higher lets the Waco-McLennan County Public Health District investigate the child's home, child-care facility, or child-occupied facility, or request the state Department of State Health Services to do so.
How long do I have to fix a confirmed lead hazard?
Sec. 16-228 gives the owner, or the operator/principal of a child-care or child-occupied facility, 90 days from written notice to submit a plan to the city's housing and economic development department for removing or eliminating the lead hazard.
What happens if I ignore the city's lead hazard notice?
Under Sec. 16-229, failing to submit the required 90-day removal plan is a class C misdemeanor punishable under Sec. 1-14 of the Code, and the owner also faces possible civil action or an injunction suit with civil penalties on top of criminal prosecution.

Sources & Official References

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