The regulations will NOT apply to:
1. Buildings, dwelling units,
or common areas that have been certified to
be Lead- Free in accordance with N.J.A.C.
5:17; or
2. A building or dwelling unit that has been
certified as having a Lead-Free Interior in
accordance with N.J.A.C. 5:17. Lead-Free Interior
exempts the unit from the $20 fee but does
not exempt the exterior of the building from
the need for lead-safe work; only the dwelling
units or common areas identified on the certificate
as lead free are exempt from the fee and the
need for lead-safe work practices. If
certain dwelling units or common areas are
identified as Lead-Free Interior, the owner
must present a copy of this documentation
to the inspector at the time of inspection.
3. A seasonal rental unit that is rented for
less than six months’ duration each
year; or
4. An owner-occupied unit.
5. Housing for the elderly,
or a residential property designated exclusively
for persons with disabilities; except this
exemption shall not apply if a child less
than age six resides or is expected to reside
in the dwelling unit.
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If My Property is Subject to the Regulations, What Are My Options?
Any properties or individual dwelling units/common areas of properties that do not fit in any of the above categories will be subject to the provisions of N.J.A.C. 5:10-6.6, lead-safe maintenance requirements. Owners will have two compliance options.
Option 1. Inspection/Risk Assessment – Lead Hazard Control Plan
Option 2. Standard Treatments
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Option 1. Inspection/Risk Assessment – Lead Hazard Control Plan
You may choose to hire a certified evaluation firm to perform an inspection of your property, followed by a risk assessment to devise a plan to address any potential lead hazards found. These must be performed by a firm certified in accordance with N.J.A.C. 5:17, the Lead Hazard Evaluation and Abatement Code. (Results of an inspection done previously may be used.)
If your property has undergone an inspection and risk assessment and lead-based paint is present, you will be required to perform lead hazard control work in accordance with a plan provided to you by the lead evaluation firm. This plan will describe and prioritize the work that must be done to bring the building into compliance with the requirements for lead safe maintenance over time. For owners with a great deal of work that must be done, the plan enables them to do the work in organized stages based upon a risk assessment.
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Where Can I Find a List of Certified Contractors?
For a list of certified lead evaluation
contractors and abatement contractors, click
here. The lists are available in PDF format.
You may also call the Lead Safety Unit at (609)
633-6224.
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Option 2. Standard Treatments
Some property owners may assume or already know that their properties contain lead-based paint and will choose not to have an inspection performed on their property. In these cases, since it is not determined which dwelling units contain lead-based paint, the entire property needs to be treated as though it contains lead-based paint.
For these properties, standard treatments for lead safety must be performed in accordance with N.J.A.C. 5:10-6.6(c). Standard treatments are methods used to maintain surfaces that may contain lead-based paint to prevent the paint from becoming a hazard. Standard treatments include covering horizontal surfaces (floors, window sills, etc.) with a smooth and cleanable covering or coating that will prevent lead hazards.
Standard treatments must be undertaken at unit turnover, unless they were
undertaken less than 12 months before. If you’ve been notified that a pregnant woman or child resides in a unit, standard treatments must be performed every 12 months. All work undertaken by selecting this option may be performed by trained maintenance staff.
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Ongoing Evaluation and Maintenance is Required for Everyone
Regardless of the option selected, all property owners will be required to perform ongoing evaluation and maintenance, as set forth in N.J.A.C. 5:10-6.6(d). This means that property owners are required to perform a visual examination to check for deteriorated paint at unit turnover or every twelve months (whichever comes first). The causes of deterioration are to be diagnosed and repaired. Upon completion of the work, dust wipe testing must be performed as specified in the regulations.
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Training Requirements for Maintenance Staff
The regulations require that maintenance staff performing visual inspections, undertaking corrective action or maintenance work be able to perform these functions in a manner that is lead-safe. Maintenance staff are required to complete a one-day course on safe maintenance practices that provides background on how to complete work in a lead-safe manner. Also, maintenance staff will be required to perform dust wipe sampling following
certain maintenance activities. The regulations provide the names of some courses that are acceptable for this purpose. Courses that were completed prior to adoption of these rules may be accepted. The curriculum and proof of attendance must be submitted for the Department’s review and acceptance.
Dust wipe samples must be taken by someone who has been trained to properly perform dust wipe testing. If the lead-safe work practices course taken did not include dust wipe sampling, a second course is necessary before an individual may perform dust wipe sampling.
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Recordkeeping
Property owners are required to maintain records of testing performed and lead-free certificates issued. These records must be kept for the life of the structure. Records must also be maintained of all testing, visual examinations, findings, responses to tenant complaints, and corrective action taken for the parts of the building that are not certified to be lead-free. (For a breakdown of components to be included in these records, refer to N.J.A.C.5:10-6.6(f).) A record of an employee’s training in safe building maintenance practices must be maintained as long as the individual is involved in the maintenance of the building.
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Tenant Notification and Owner Response
The regulations contain provisions that require the owner to respond to tenant concerns with lead-based paint. Owners must post a notice advising tenants to report deteriorated paint or, if there is no central location for posting notices, the notice must be provided teach tenant. Owners must respond to the written complaint within thirty days. Any written complaints received involving a unit where a child under six or a pregnant woman resides must be addressed within one week. The Department has developed an informational sheet that informs tenants of this and other lead-safety requirements. It is the owner’s responsibility to ensure this sheet is distributed to affected tenants when maintenance/renovation work that disturbs lead-based paint is undertaken, unless the sheet was distributed within the last twelve months. A copy of this sheet is enclosed for your use.
If you have questions, please call the Bureau of Housing Inspection at (609) 633-6225.
