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