N.J. Admin. Code § 5:17-3.1

Current through Register Vol. 56, No. 23, December 2, 2024

Section 5:17-3.1 - Contract documents-testing and evaluation

(a) Prior to testing and evaluation, an inspector/risk assessor shall enter into a contract with the owner or client which explains:

1. The extent of the testing and evaluation, including, but not limited to, the method and number of samples to be taken;

2. Any special responsibilities or precautions which owners or occupants need to be aware of during testing;

3. The estimated duration and cost of the testing and evaluation;

4. Whether the services to be provided include testing for the presence of lead-based paint only or risk assessment. If the services to be provided include risk assessment, the contract shall specify the extent of any recommendations to be made at the completion of the testing/evaluation, including whether additional testing may be recommended. It shall be made clear to the owner whether additional testing is required by Federal or State law.

5. If composite samples are to be taken, a statement that composite samples will be used and a brief explanation of this sampling method.

6. For multiple dwellings, a statement as to whether the sampling plan will employ random or worst-case sampling and an explanation of the methodology to be used.

(b) Prior to testing and evaluation, an inspector/risk assessor shall inform the owner that all testing and evaluation can be forgone if all painted surfaces are to be abated as if they were covered with lead-based paint.

(c) For residential structures, the inspector/risk assessor shall first determine if the structure pre-dates 1978. For structures built on or after January 1, 1978, no testing/evaluation shall be performed unless the owner acknowledges in writing that he or she has been informed that such structures are considered lead-safe and that the owner is requesting testing/evaluation as a special precaution.

(d) If an inspector/risk assessor determines that a residential structure was built before 1978 and finds that all painted surfaces are in intact condition, he or she shall offer to perform a less comprehensive lead screening prior to deciding whether to recommend further testing or evaluation.

1. The cost of the screenings shall be disclosed.

2. Lead screening shall be performed in accordance with U.S. Environmental Protection Agency rules ( 40 CFR 745) included here as subchapter Appendix 3-A, incorporated herein by reference.

i. At the owner's option, or if otherwise required by law, the screening may include a survey for proximate environmental lead sources and soil, water or air tests for lead. However, if the inspector/risk assessor undertakes these additional tests, a signed statement shall be required from the owner acknowledging that he or she has been informed that these tests, absent other evidence of contamination, are not currently required under Federal or State law.

(e) In the case of lead evaluation performed in connection with a lease or transfer of real estate subject to the Federal Requirements for Disclosure of Known Lead-Based Paint Hazards in Housing, if the results of initial testing or screening are negative (no lead-based paint is detected), then no risk assessment or further testing shall be recommended by the contractor performing this evaluation.

1. The contractor shall obtain authorization from the owner or client before proceeding with a risk assessment.

(f) A copy of the firm's certification and/or qualifications shall be supplied at the owner's request.

N.J. Admin. Code § 5:17-3.1

Amended by R.1996 d.543, effective 12/2/1996.
See: 28 New Jersey Register 3995(a), 28 New Jersey Register 5069(a).
Administrative correction.
See: 32 New Jersey Register 834(a).
Amended by R.2005 d.144, effective 5/16/2005.
See: 36 New Jersey Register 2106(a), 37 New Jersey Register 1754(c).
Rewrote the section.