N.J. Admin. Code § 5:17-5.1

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

Section 5:17-5.1 - Duties of the contractor

(a) The certified contractor shall be responsible for ensuring compliance with all applicable provisions of this chapter.

(b) Prior to beginning an abatement job, the contractor shall apply for a permit under the UCC and shall provide the owner and the occupants with a description of the scope of work and information about lead-based paint hazards.

1. Additionally, the contractor shall notify the Department of Community Affairs 10 working days prior to the anticipated start of work. This notification shall include the name and certification number of the contractor, the location where the work is to be performed, and a brief description of the scope of work. The notification shall be sent to the following address: Department of Community Affairs, PO Box 821, Trenton, NJ 08625 or sent by email to lead.notifications@dca.nj.gov.

2. For lead abatement jobs to be performed on superstructures, or in commercial buildings, the contractor shall provide a 10 day notice to the Department as described in (b)1 above, but shall be exempt from the requirement to apply for a permit under the UCC set forth in (b) above.

(c) Following completion of the abatement job, the contractor shall certify to the owner, in writing, that all lead-based paint hazards that were part of the scope of work have been abated in accordance with the requirements of this chapter. Where the scope of work included encapsulation or enclosure, the contractor shall provide the owner with information regarding ongoing inspection and maintenance requirements and any other precautions necessary to maintain the integrity of the enclosure or encapsulant.

1. A copy of this certification shall be filed with the local enforcing agency having jurisdiction under the UCC prior to the issuance of a lead abatement clearance certificate. The local enforcing agency shall also receive a copy of any information provided to the owner regarding enclosure or encapsulation performed and the location(s) of enclosures or encapsulants within the building.

i. Exception: No filing with the local enforcing agency having jurisdiction under the UCC shall be required for lead abatement jobs performed on superstructures or in commercial buildings.

2. In addition to the written certification to the owner, described above, the contractor shall retain a final report on each job which shall include: the start and completion dates of the abatement, the names and addresses of any other abatement firms working at the site including the names of the supervisors, the name, address and signature of each inspector/risk assessor conducting clearance testing, the date(s) and results of clearance testing, the name of each laboratory that conducted the analyses, a detailed written description of the abatement (the scope of work required in (b) above may be used to meet the requirement for a written description of the abatement provided that any deviations from the scope of work are described in the final report). A copy of this report shall be made available to the Department upon request.

(d) The contractor certification number shall be displayed at the job site. All employees involved in lead abatement at the job site shall be certified by the Department of Health and shall carry evidence of such certification.

(e) The contractor shall allow the Department access to the job site at any time while evaluation or abatement are ongoing, including preparation, clean-up, and testing. The contractor shall also make available to the Department, upon request, any documentation relevant to the job. The Department of Health and the Department of Labor shall be accorded the same access to job sites and documentation in administering their enforcement responsibilities.

(f) The contractor shall ensure that a supervisor certified by the New Jersey Department of Health is on the job site at all times that abatement work is being performed and that all evaluation or abatement tasks are performed only by individuals certified by the Department of Health to perform those tasks.

1. A supervisor is not required to be present at the job site for jobs designated as Interior worksite, preparation level 1 pursuant to 5:17-4.3(b)1 or Exterior worksite, preparation level 1 pursuant to 5:17-4.3(c)1 if adjacent properties are at least 20 feet from the work area. However, the contractor shall designate a supervisor to be responsible for such jobs and the supervisor shall be available to the workers at all times that the job is ongoing.

N.J. Admin. Code § 5:17-5.1

Amended by R.1997 d.302, effective 7/21/1997 (operative September 24, 1997).
See: 29 N.J.R. 2202(a), 29 N.J.R. 3242(b).
Added (b)2 and (c)1i.

Administrative Change, 53 N.J.R. 2138(b), effective 11/23/2021