N.J. Admin. Code § 5:28A-2.4

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

Section 5:28A-2.4 - Inspection results and lead-safe certification

(a) If, following inspection, a lead evaluation contractor or permanent local agency finds that no lead-based paint hazard exists in a dwelling unit, the lead evaluation contractor or permanent local agency shall certify the dwelling unit as lead-safe on the form prescribed by the Department.

1. The lead-safe certification shall be valid for a period of two years from the date of issuance.

i. If, during the two-year certification period, a lead evaluation contractor, lead inspector/risk assessor, a local health department, or a public agency conducts an independent inspection or risk assessment and determines that there is a lead-based paint hazard, the lead-safe certification issued pursuant to this chapter shall be invalid. A periodic lead-based paint inspection shall be scheduled upon the conclusion of remediation, in accordance with N.J.A.C. 5:28A-2.5(e).

ii. Where an independent inspection or risk assessment determines that there is a lead-based paint hazard, the inspector/risk assessor shall inform the municipality of the results of the inspection.

iii. The lead-safe certification shall not exempt the dwelling from any other law that would require a lead inspection/risk assessment.

2. A copy of the lead-safe certification shall be provided to the owner of the dwelling. If a lead evaluation contractor issues the lead-safe certification, a copy shall also be provided to the municipality at the time it is issued.

(b) If a lead evaluation contractor or permanent local agency finds that a lead-based paint hazard exists in a dwelling unit, they shall notify the Department for review of the findings, in accordance with the Lead Hazard Control Assistance Act.

1. If a lead-based paint hazard is identified in an inspection of one of the dwelling units in a building consisting of two or three dwelling units, then the lead contractor or permanent local agency shall inspect the remainder of the building's dwelling units, with the exception of those dwelling units that have been certified to be free of lead-based paint or which have a valid lead-safe certification.

(c) The owner of the dwelling unit shall be responsible for remediation of the lead-based paint hazard. Remediation must be conducted consistent with the requirements at N.J.A.C. 5:28A-2.5.

N.J. Admin. Code § 5:28A-2.4

Adopted by 55 N.J.R. 829(a), effective 5/1/2023