All rental dwelling units built before 1978 are required to be inspected for lead-based paint within two years of the effective date of the law, July 22, 2022, or upon tenant turnover, whichever is earlier. This means that the first inspection must take place no later than July 22, 2024.
Landlords must certify that the law’s requirements have been met prior to receiving a new or annual rental license. A “Lead Safe Certificate” in New Jersey is valid for two-years. A Lead Free Certificate in New Jersey is valid for the lifetime of the home.
After the initial inspection, all units shall be inspected for lead-based paint hazards every three years, or upon tenant turnover, whichever is earlier. An inspection upon tenant turnover is not required if the owner has a valid lead-safe certificate. Lead-safe certificates are valid for two years. If the lead-safe certificate has expired, and there will be a tenant turnover, an inspection will be necessary before the three-year inspection.
New Jersey’s Lead-based Paint Inspection Law (P.L. 2021 c.182)
Slide Show Presentation can be found Here : Lead Safe for Landlords
NJ Regulations can be found Here : NJ.gov
The State offers two very different Certificates
- A Lead “Safe” Certificate in New Jersey is valid for two-years.
- A Lead “Free” Certificate in New Jersey is valid for the lifetime of the home.
A Lead “Safe” Certificate in New Jersey
This certificate can be obtained through a visual inspection and/or dust wipe samples
This certificate does not mean that the building is free of lead. It means that the inspector conducted an assessment of the interior of the building according to the the State of NJ requirements as defined in N.J.A.C. 5:28A. Note New Jersey State Lead assessment requirements vary by county and can be found at NJ Countpdfprepy.
A Lead Safe Inspection includes a visual inspection of all painted components within a property to determine if paint is chipping or peeling and Dust Wipe samples are taken on friction surfaces. Pricing is determined by the size of the dwelling and the number of Dust Wipe samples collected.
We at Roots Inspection Services offer A Lead “Safe” Certificate in New Jersey which is valid for two-years. As testing must be conducted by a “New Jersey State Certified Risk Assessor”
Lead-Safe Inspection and Certification
This Assessment will not determine if there is lead paint present. Note lead paint can by covered by many layers of newer coats of paint which is not necessarily a hazardous condition. This assessment will satisfy the New Jersey Ste requirements. Our visual assessment will look for chipping and or peeling paint and will document conditions in a report with associated pictures. We use a specially treated dust wipe which collects dust particles from walls, floors, doors, window sills (all painted surfaces). These dust wipes are submitted to a laboratory for analysis.
A Passing “Lead-Safe” Certificate will be issues If
- There is no damaged, chipping, peeling paint visual
- And if the dust wipe analysis proves no active lead dust on the premises,
A lead-safe status is valid for 2 years. In 3 years the landlord is required to have the property reinspected.
Lead-Safe Conditions Are Subject to Change
What causes the Lead-Safe status to change? Usually it’s due damages and/or repair work being done on the premises which compromises painted surfaces. Here are some possible common issues that can occur compromising lead safe conditions :
- Repairing or replacing windows is an example. When old wood moldings are removed, painted surfaces are disturbed. Paint crumbles. Dust is created.
- Installing a simple baby safety gate requires drilling and installing screws into a painted surface, this is enough to disturb lead-based paint which may exist under several coats of paint.
- Tapping small nails for picture hangers, applying and pulling off adhesive tape,
- replacing light fixtures, plumbing fixtures
- or bumping a piece of furniture into a wall can cause lead dust to emerge from a dormant and harmless state to an active, dangerously toxic state.