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

📋Type B Violation🏢Affects: Child Care Centers

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

California Code § 1597.16(a)(1)

A licensed child day care center, as defined in Section 1596.76, that is located in a building that was constructed before January 1, 2010, shall have its drinking water tested for lead contamination levels on or after January 1, 2020, but no later than January 1, 2023, and every five years after the date of the initial test.

💡Insider's Tips

Inspectors ask for your lead test results and check two things: the lab certification and whether you tested every water source children can access. They walk the facility and count taps, then compare that to your report. If your test results show three fixtures but they see five accessible faucets, that's a citation. The five-year retest deadline is based on your initial test date, not a fixed calendar year, so every facility has a different due date. Put the next test date on your license renewal reminder. Los Angeles and San Mateo counties are seeing the most citations right now, often because facilities tested once and forgot about the retest cycle.

facilities cited recently

That's 1 in 1667 facilities

counties affected

most common citation

📉

Decreasing

Last 90 days vs. previous 90 days

25 facilities (was 33)8 facilities

Source: California CCLD inspection records | Data: last 90 days as of Feb 16, 2026

How to Avoid Lead Water Testing Citations

✓ Prevention Checklist

Test ALL drinking water sources (fountains, kitchen taps, classroom sinks)
Initial testing must have been completed by January 1, 2023 (if you missed this, test NOW)
Retest every 5 years from the date of initial test
Use a state-certified laboratory for testing (not home test kits)
Keep test results on file and available for inspection

❌ Common Mistakes

Testing only the kitchen faucet and ignoring classroom sinks, bathroom taps, and drinking fountains. Inspectors compare the number of water sources in your facility to the number on your lab report. Every fixture a child could drink from needs its own test.
Using a home lead test kit instead of a state-certified laboratory. The results from retail kits aren't accepted by CCLD. Contact your local water utility first since many offer free testing for licensed childcare facilities.
Assuming that installing a water filter or providing bottled water exempts you from testing. The regulation requires testing your building's plumbing regardless of filtration or alternative water sources. Inspectors will still ask for lab results.
Losing track of the five-year retest deadline. Since the cycle is tied to your initial test date (not a universal deadline), providers forget when they're due. Set a calendar reminder for four years and six months after each test to give yourself time to schedule the next one.

What's Being Cited in Each Region Over the Past 90 Days

Based on facility inspection reports filed with California's Community Care Licensing Division, here's how this citation appears across different regions in the past 90 days.

San Mateo County

5 citations

Los Angeles County

5 citations

San Diego County

3 citations

San Francisco County

3 citations

Tuolumne County

2 citations

Orange County

1 citations

Monterey County

1 citations

Calaveras County

1 citations

Sacramento County

1 citations

Santa Clara County

1 citations

Data updated weekly from CCLD public records. Last update: 2/16/2026

See California Code § 1597.16(a)(1): Lead Water Testing Citations in Your County

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Frequently Asked Questions

What is Lead Water Testing?

California Code 1597.16(a)(1) requires licensed child care centers in buildings constructed before January 1, 2010 to test their drinking water for lead contamination. Testing must be done by a state-certified laboratory, not a home kit, and must cover every water source children can access, including classroom sinks and drinking fountains. Your facility must retest every five years from your initial test date to maintain compliance.

How common is the Lead Water Testing citation?

According to California CCLD inspection records as of February 08, 2026, 18 facilities have been cited for this violation in the past 90 days across 9 California counties. That's roughly 1 in 2,222 inspected facilities. Los Angeles leads with 5 cited facilities, and San Mateo follows with 4. San Bernardino and San Diego each had 2 citations. Most of these citations stem from providers who completed initial testing but missed the five-year retest deadline or failed to test every accessible water fixture.

What triggers this citation during an inspection?

Inspectors ask for your lab report and then walk your facility counting every tap, fountain, and sink a child could drink from. Based on CCLD inspection patterns, they compare the number of fixtures on your report to the number they observe. If your lab results cover three fixtures but the inspector counts five accessible faucets, that's a citation. They also verify the lab is state-certified and check whether your five-year retest deadline has passed. Home test kit results are rejected on the spot.

How can I prevent this citation?

Walk your facility and count every water source children can access, then make sure your lab report covers each one. Contact your local water utility first since many offer free testing for licensed childcare facilities. Set a calendar reminder for four years and six months after each test date so you have time to schedule the retest. Keep your lab results in a clearly labeled folder that staff can find quickly when an inspector arrives.

What should I do if I receive this citation?

Schedule testing with a state-certified laboratory immediately. If you missed fixtures, request testing for every water source in the facility. Results typically take one to two weeks. Once you have the lab report, submit it as part of your plan of correction along with a reminder system showing how you'll track the next five-year deadline. For complex situations, consider consulting a licensed childcare compliance specialist.

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This information is educational and does not constitute legal advice. Consult a licensed childcare compliance consultant for guidance specific to your facility. Citation data is sourced from California Community Care Licensing Division public records and is refreshed regularly.

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