N.J. Admin. Code § 5:17-3.2

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

Section 5:17-3.2 - Testing and evaluation

(a) All testing and evaluation services shall be performed in accordance with the three standards listed below, as appropriate. In addition, for post-abatement clearance testing, 5:17-9.1 shall be followed.

1. Chapters 5, 7 and 15 of the HUD Guidelines;

2. The guidelines of the Steel Structures Painting Council referenced in 5:17-1.3; and

3. Rules adopted by the U.S. Environmental Protection Agency at 40 C.F.R. 745.

(b) For testing and evaluation undertaken at the owner's option, the extent of the testing and evaluation to be performed shall be as defined in the contract with the owner as per 5:17-3.1(a)1. The standards listed in (a) above shall dictate the method of testing and sample collection. They shall serve as a guide for the number and location of samples to be taken. The actual number and location of samples taken shall be as per the contract with the owner or client.

(c) For testing and evaluation undertaken for the purpose of complying with the requirements of 5:10-6.6, 5:15-4.2, 5:27-4.10, 5:28-2.1 or of any other applicable maintenance code, the method of testing and evaluation and the number and location of samples to be tested shall be in accordance with the standards listed in (a) above and shall include the elements prescribed in the appendices listed below.

1. Lead screening for this purpose shall be performed in accordance with the rules adopted by the U.S. Environmental Protection Agency at 40 C.F.R. 745, included as subchapter Appendix 3-A.

2. Risk assessment for this purpose shall be performed in accordance with the rules adopted by the U.S. Environmental Protection Agency at 40 C.F.R. 745, included as subchapter Appendix 3-B, incorporated herein by reference. For purposes of performing a risk assessment, "floors," as specified in 40 C.F.R. 745.227(d), shall include both carpeted and uncarpeted surfaces.

(d) The inspector/risk assessor shall disclose sample sites to the owner and to any tenants. Owner-occupants or tenants shall be given an opportunity to show the inspector/risk assessor areas which they suspect to be lead hazards. The inspector/risk assessor shall confirm the location and use of rooms with the occupants.

(e) For investigations performed by local health departments involving a child with an elevated blood lead level, Department of Health rules, N.J.A.C. 8:51, shall govern.

N.J. Admin. Code § 5:17-3.2

Amended by R.1996 d.543, effective 12/2/1996.
See: 28 New Jersey Register 3995(a), 28 New Jersey Register 5069(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.