NJ Lead-Safe Certification Requirements
New Jersey law requires certain rental properties to be inspected for lead-based paint hazards. The requirements apply to nonexempt rental dwelling units, generally focusing on properties built before 1978. The program is governed by New Jersey’s lead-safe rental inspection law and N.J.A.C. 5:28A.
Useful links:
NJDCA, Lead-Based Paint Inspections in Rental Dwelling Units
https://www.nj.gov/dca/codes/resources/leadpaint.shtml
New Jersey Lead-Safe Inspection Law, P.L. 2024, c.74
https://www.nj.gov/dca/codes/resources/leadpaint.shtml
N.J.A.C. 5:28A, Lead-Based Paint Inspections in Rental Dwelling Units
https://www.nj.gov/dca/codes/resources/leadpaint.shtml
What are property owners required to do?
Rental units subject to the law must be inspected for lead-based paint hazards at tenant turnover or according to the applicable inspection cycle. Owners may use the municipality’s inspection program or directly hire a New Jersey DCA-certified Lead Evaluation Contractor.
NJDCA Certified Lead Evaluation Contractors
https://cdxocsppapps.epa.gov/ocspp-oppt-lead/firm-location-search
How is the inspection performed?
Depending on the municipality and applicable requirements, the inspection may involve a visual assessment, dust-wipe sampling, or both. Visual assessments look for deteriorated paint, paint chips, visible dust, debris, and other conditions associated with lead-based paint hazards.
HUD Visual Assessment Training
https://apps.hud.gov/offices/lead/training/visualassessment/h00101.htm
HUD Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing
https://www.hud.gov/contactus/lead-based-paint-guidelines
What happens if a lead hazard is found?
If a lead-based paint hazard is identified, the owner must correct the hazard through appropriate remediation or abatement. After corrective work, additional inspection and, when required, dust-wipe sampling may be necessary before a Lead-Safe Certificate can be issued. NJDCA defines interim controls as measures such as specialized cleaning, repairs, maintenance, painting, and temporary containment.
EPA Renovation, Repair and Painting Program
https://www.epa.gov/lead/lead-renovation-repair-and-painting-program
EPA Steps to Lead-Safe Renovation, Repair and Painting
https://www.epa.gov/lead/renovation-repair-and-painting-program-work-practices
Which properties may be exempt?
Common exemptions include certain properties built in or after 1978, properties certified lead-free, qualifying seasonal rentals, certain multiple dwellings that meet the statutory conditions, and units with a valid Lead-Safe Certificate. Owners should verify the exemption directly with NJDCA rather than assuming a property is exempt.
NJDCA Lead-Based Paint Inspection FAQs and Exemptions
https://www.nj.gov/dca/codes/resources/leadpaint.shtml
DCA Bureau of Housing Inspection
https://www.nj.gov/dca/codes/offices/housinginspection.shtml
What happens if an owner does not comply?
Municipalities are authorized to investigate and enforce noncompliance. NJDCA states that an owner must generally be given 30 days to cure a violation by obtaining the required inspection or beginning remediation.
New Jersey Lead-Safe Enforcement Information
https://www.nj.gov/dca/codes/resources/leadpaint.shtml
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