N.J. Admin. Code § 8:51-6.2

Current through Register Vol. 56, No. 21, November 4, 2024

Section 8:51-6.2 - Exterior surfaces

(a) The local board of health shall order the abatement and/or interim controls of lead-based paint on any exterior surface that is accessible to children and is defective, or is otherwise determined by the local board of health to be causing a hazard to occupants or anyone coming in contact with such paint.

(b) When the order is for abatement of exterior surfaces, the person performing the abatement shall comply with N.J.A.C. 5:17, Lead Hazard Evaluation and Abatement Code.

(c) When the order is for interim controls, the following criteria shall apply:

1. The person performing the interim controls shall:

i. Complete training in accordance with the Occupational Safety and Health Administration Hazard Communication requirements at 29 CFR 1910.1200 (see 29 CFR 1926.59); and

ii. Be supervised by a certified lead-based paint abatement supervisor; or

iii. In place of (a)1i and ii above, have successful completion of training as a certified renovator through the Department of Community Affairs;

2. Acceptable interim control methods for exterior surfaces are: paint stabilization, siding (such as vinyl) and/or aluminum wrap;

3. The person performing the interim controls shall stabilize the paint, at a minimum, for exterior components and surfaces that are not friction, impact or chewable surfaces, in accordance with HUD's Requirements for Notification, Evaluation and Reduction of Lead-Based Paint Hazards in Federally Owned Residential Property and Housing Receiving Federal Assistance at 24 CFR 35.1330(b) and Chapter 11 of the HUD Guidelines;

4. The person performing the interim controls shall remove the paint from contact areas or temporary barriers installed for exterior components and surfaces which are friction, impact or chewable surfaces;

5. The property owner shall hire a licensed lead evaluation contractor or lead abatement contractor to prepare an ongoing maintenance plan; and

6. The property owner shall provide the ongoing maintenance plan to the tenant(s).

N.J. Admin. Code § 8:51-6.2

Amended by R.2010 d.146, effective 7/19/2010.
See: 41 N.J.R. 4604(a), 42 N.J.R. 1535(a).
Inserted designation (a); in (a), substituted "The local board of health shall order the abatement and/or interim controls of lead" for "Lead" and deleted ", shall be abated" following "such paint"; and added (b) and (c).