MATERIALS DISCLOSURE REQUIREMENTS
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The State of California requires that certain landlords disclose the presence of
asbestos containing materials in the buildings which they rent out. This disclosure
requirement pertains only to post 1978 construction. Properties which were constructed
before 1979 have their own requirements for posting of notices to employees, and are
beyond the scope of this column. The notification requirements for post 1978 construction
are embodied in the California Health and Safety Code.
25249.6. Required Warning Before Exposure To Chemicals Known to Cause Cancer Or
Reproductive Toxicity. No person in the course of doing business shall knowingly and
intentionally expose any individual to a chemical known to the state to cause cancer or
reproductive toxicity without first giving clear and reasonable warning to such
individual, except as provided in Section 25249.10.
But it is not all landlords who must make a toxic materials disclosure, only those
"person[s] in the course of doing business." This term is later defined.
For purposes of this chapter:
(a) "Person" means an individual, trust, firm, joint stock company,
corporation, company, partnership, limited liability company, and association.
(b) "Person in the course of doing business" does not include any person
employing fewer than 10 employees in his or her business; any city, county, or district or
any department or agency thereof or the state or any department or agency thereof or the
federal government or any department or agency thereof; or any entity in its operation of
a public water system as defined in Section 116275.