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NJ Lead Safe Certification

Law Summary

https://www.nj.gov/dca/codes/
resources/leadpaint.shtml

  • New law (S1147) takes aim at lead paint and dust, the most common sources of exposure, by creating a new requirement that any rental property in New Jersey built before 1978 be inspected for lead.
  • Beginning July 22, 2022, all NJ rental properties that are not exempt will be required upon their first turnover or within two years of the effective date to complete their Lead Safe Certification inspection.
  • Liberty Township requires a visual inspection for deteriorated painted surfaces.
    • Liberty Township property owners must hire a NJ DCA Certified Lead Evaluation contractor to provide the required inspection services. All of whom will assess a fee for the inspection services. New Jersey Department of Community Affairs list of certified Evaluation Contractors
  • If no lead-based paint hazards are found during the inspection, the local agency or the DCA certified lead evaluation contractor shall certify the dwelling unit as lead-safe on a form prescribed by the Department of Community Affairs.
  • If Lead based paint hazards are found, the lead evaluation contractor shall notify the Commissioner of Community Affairs. And if found in a multifamily dwelling, all units must be tested. They must be properly addressed by either lead based paint abatement or lead based paint hazard control methods. Lead Abatement Contractors must be certified.
  • The law also requires that if lead is found, affected tenants are eligible to be moved into lead-safe housing with financial help from the State Department of Community Affairs.
  • Upon completion of correcting any lead-based paint hazard identified during the visual Lead Safe Certification Inspection, the Lead evaluation contractor shall conduct a follow up inspection (visual &/or dust wipes) of the unit to certify that the hazard no longer exists. Additional fees may apply.
  • Failure to comply with NJ Lead Safe Certification requirements can incur fines of up to $1,000 per unit per week. Exemptions
  • The property has been certified to be free of lead-based paint
  • The property was constructed after 1978
  • The rental unit is in a multiple dwelling that has been registered with the DCA as a multiple dwelling for at least 10 years, and has no outstanding lead violations from the most recent cyclical inspection performed on the multiple dwelling under the “Hotel and Multiple Dwelling Law”
  • Is a single family or two-family seasonal rental dwelling which is rented for less than 6 months duration each year by tenants that do not have consecutive lease renewals.
  • Has a valid lead safe certification issued by accordance with this section.