Lead-Based Paint Inspections

The Lead-Based Paint Inspection Law (P.L. 2021, c.182)

The New Jersey Department of Community Affairs (DCA) has instituted P.L. 2021, c.182 (adopted as N.J.A.C. 5:28A), which requires that municipalities perform inspections of certain single-family, two-family, and multiple-rental dwellings for lead-based paint hazards.

As a property owner, this means that any pre-1978 rental units must be inspected for interior lead-based paint hazards to obtain a lead-safe certificate. These inspections will occur every (2) years at the expiration of the lead-safe certificate. You may use the Municipal inspectors or a certified lead evaluation contractor to obtain this certification. Alternatively, you may exempt your rental property from these periodical inspections by obtaining a lead-free certificate, which can be granted by a certified lead evaluation contractor. The local agency does not provide lead-free certificates.

Department of Community Affairs Guidelines

This guide is intended to provide a comprehensive overview of lead-based paint hazards, how to inspect for such hazards, and how hazards can be mitigated or eliminated for compliance with P.L.2021, c.182. The guide is intended to serve owners and residents of rental dwellings throughout the State of New Jersey.

  1. What is P.L.2021, c.182, The Lead-Based Paint Inspection Law?
  2. What housing is exempt from these lead-based paint inspections?
  3. What is lead-based paint and why is it hazardous?
  4. What method/procedure do municipal inspectors in Princeton use to deem a property “lead-safe”?
  5. What is the difference between a visual inspection and dust wipe sampling?
  6. What is the “lead-safe” certificate and how does it differ from other designations (i.e. “lead-free” and “lead-hazard free)? Can they be used interchangeably?
  7. When must the first inspection take place?
  8. How often must these inspections take place?
  9. What are the fees associated with this inspection?
  10. Do I have to utilize the municipal inspectors to obtain a “lead-safe” certificate?
  11. What can I do as a property owner/landlord to prepare for the enactment of this ordinance?
  12. What if my property fails the lead-safe inspection?
  13. What is the difference between interim controls and abatement?
  14. Who can perform lead remediation work?
  15. Is there funding to assist property owners with lead remediation work?
  16. What are the penalties for property owners that fail to comply with this ordinance?
  17. Which lead remediation method do I have to use?
  18. The lead-based hazards identified in the inspection have been remediated. What happens now?
  19. As a tenant, how do I know if the unit I am renting or plan to rent has been certified lead-safe?
  20. What steps are taken if the unit I am renting does not pass lead-safe inspection?
  21. If lead-based paint hazards have been identified in my unit, what actions do I need to take to protect my health?
  22. If a property is completely gutted and renovated, how does that property get exempted from lead-safe inspections?