REQUEST FOR CRIMINAL COMPLAINT
FOR LEAD PAINT
To any Justice of Clerk-Magistrate of the Housing
Court:
_________________________________________________________________
on behalf of the Commonwealth, on oath complains that:
_________________________________________________________________
was and is the owner of residential premises located at
______________________________________________________________;
wherein a child or children under the age of six (6) resides or
resided;
On ____________________________, 200___, a representative of the
Childhood Lead Poisoning Prevention and Control Program inspected
said premises and determined that paint, plaster or other materials
accessible to children contained dangerous levels of lead equal to
or in excess of 1.0 milligrams lead per square centimeter or 0.5%
lead by dry weight as defined by the Programs regulations, 105
C.M.R. §460.020 and the public health law, Gen.L. c. 111, §194;
On _____________________________, 200___, pursuant to §460.750 of
the Program’s regulations, §410.832 - 833 of the State Sanitary
Code, and §194 of the law, the defendant was served with a written
order to abate or contain such dangerous levels of lead; and from
day to day thereafter, the defendant has failed to comply with the
order, in violation of §460.200(A) of the Program’s regulations,
§410.910 of the State Sanitary Code, and §194, §197-198 of the law;
each such day being a separate offense and a separate and distinct
count of this Complaint; and the defendant did so willfully,
intentionally, recklessly or repeatedly;
On _____________________________, 200___, and from day to day
thereafter the defendant has failed to abate or contain such
dangerous levels of lead, in violation of §460.100(A) of the
Program’s regulations, §410.920 of the State Sanitary Code, and
§§197-198 of the law; each such day being a separate offense and a
separate and distinct count of this Complaint; and the defendant
did so willfully, intentionally, recklessly or repeatedly.
__________________________ ______________________________
Date: Complainant:
Assigned for hearing on _____________________,200__, at _________
o’clock.
On hearing (Complainant)(Defendant)(both parties)(neither party),
I find no probable cause for the Complaint. Process shall not
issue.
On hearing (Complainant)(Defendant)(both parties)(neither party),
and Complainant having sworn or affirmed that the Complaint is true
upon information and belief, I find probable cause, and order
summons to issue returnable _______________________________.
______________________ ___________________________________
Date: Clerk-Magistrate
