California Code § 1597.16(a)(1): Lead Water Testing

California Health & Safety regulation 1597.16(a)(1) requires licensed childcare centers in buildings constructed before January 1, 2010 to test all drinking water sources for lead contamination. This includes water fountains, kitchen taps, classroom sinks, and any other faucets children or staff might drink from. Testing must be conducted by a state-certified laboratory, and initial testing should have been completed by January 1, 2023, with retesting required every 5 years thereafter. This regulation protects children from lead exposure, which can cause serious developmental and health problems.

As of November 23, 2025, 32 facilities have been cited for violating this lead water testing requirement in the past 90 days across 8 counties. This represents approximately 0.42% of inspected facilities, or roughly 1 in 236 facilities. The counties with the highest citation rates are Los Angeles (12 facilities), Orange (8 facilities), and San Mateo (4 facilities). While this may seem like a small percentage, the health risks of lead exposure make this a serious compliance issue that licensing inspectors actively monitor.

Inspectors cite facilities for this violation when they cannot produce valid lead testing documentation covering all drinking water sources. Common triggers include: failing to test all faucets and fountains (testing only one tap doesn't meet the requirement), missing the January 1, 2023 deadline for initial testing if your building predates 2010, using uncertified laboratories or home test kits instead of state-certified labs, or letting your 5-year retest deadline pass. Inspectors will ask to see your test results and verify that all drinking water sources were included in the testing. Providing bottled water does not exempt you from testing your facility's plumbing.

First, identify all drinking water sources in your facility - every faucet, fountain, kitchen sink, and classroom tap that children or staff use. Contact a state-certified laboratory to schedule comprehensive testing (your local water utility may offer free or discounted testing for childcare facilities). Keep all test results on file where licensing inspectors can easily access them. Most importantly, set a 5-year recurring reminder from your initial test date so you never miss the retesting deadline. Document which specific taps were tested and when, as inspectors will verify you tested all sources. If any tap tests positive for elevated lead, work with your local health department immediately to remediate the issue and retest.

If cited for missing or incomplete lead testing, schedule testing with a state-certified laboratory immediately - this is a health and safety issue that can't wait. Test all drinking water sources and obtain written documentation of results. Submit proof of testing to your licensing inspector along with your Plan of Correction, typically due within 30 days of the citation. If you discover elevated lead levels during testing, shut off affected water sources immediately, provide bottled water for drinking, and contact your local health department for remediation guidance. Keep detailed records showing you've addressed the violation, including invoices from the testing lab and any remediation work performed. If you're unsure which labs are state-certified or how to interpret results, contact your regional licensing office for guidance before the POC deadline.