Current through Register Vol. 56, No. 18, September 16, 2024
(a) The certified
contractor shall be responsible for ensuring compliance with all applicable
provisions of this chapter.
(b)
Prior to beginning an abatement job, the contractor shall apply for a permit
under the UCC and shall provide the owner and the occupants with a description
of the scope of work and information about lead-based paint hazards.
1. Additionally, the contractor shall notify
the Department of Community Affairs 10 working days prior to the anticipated
start of work. This notification shall include the name and certification
number of the contractor, the location where the work is to be performed, and a
brief description of the scope of work. The notification shall be sent to the
following address: Department of Community Affairs, PO Box 821, Trenton, NJ
08625 or sent by email to lead.notifications@dca.nj.gov.
2. For lead abatement jobs to be performed on
superstructures, or in commercial buildings, the contractor shall provide a 10
day notice to the Department as described in (b)1 above, but shall be exempt
from the requirement to apply for a permit under the UCC set forth in (b)
above.
(c) Following
completion of the abatement job, the contractor shall certify to the owner, in
writing, that all lead-based paint hazards that were part of the scope of work
have been abated in accordance with the requirements of this chapter. Where the
scope of work included encapsulation or enclosure, the contractor shall provide
the owner with information regarding ongoing inspection and maintenance
requirements and any other precautions necessary to maintain the integrity of
the enclosure or encapsulant.
1. A copy of
this certification shall be filed with the local enforcing agency having
jurisdiction under the UCC prior to the issuance of a lead abatement clearance
certificate. The local enforcing agency shall also receive a copy of any
information provided to the owner regarding enclosure or encapsulation
performed and the location(s) of enclosures or encapsulants within the
building.
i. Exception: No filing with the
local enforcing agency having jurisdiction under the UCC shall be required for
lead abatement jobs performed on superstructures or in commercial
buildings.
2. In
addition to the written certification to the owner, described above, the
contractor shall retain a final report on each job which shall include: the
start and completion dates of the abatement, the names and addresses of any
other abatement firms working at the site including the names of the
supervisors, the name, address and signature of each inspector/risk assessor
conducting clearance testing, the date(s) and results of clearance testing, the
name of each laboratory that conducted the analyses, a detailed written
description of the abatement (the scope of work required in (b) above may be
used to meet the requirement for a written description of the abatement
provided that any deviations from the scope of work are described in the final
report). A copy of this report shall be made available to the Department upon
request.
(d) The
contractor certification number shall be displayed at the job site. All
employees involved in lead abatement at the job site shall be certified by the
Department of Health and shall carry evidence of such certification.
(e) The contractor shall allow the Department
access to the job site at any time while evaluation or abatement are ongoing,
including preparation, clean-up, and testing. The contractor shall also make
available to the Department, upon request, any documentation relevant to the
job. The Department of Health and the Department of Labor shall be accorded the
same access to job sites and documentation in administering their enforcement
responsibilities.
(f) The
contractor shall ensure that a supervisor certified by the New Jersey
Department of Health is on the job site at all times that abatement work is
being performed and that all evaluation or abatement tasks are performed only
by individuals certified by the Department of Health to perform those tasks.
1. A supervisor is not required to be present
at the job site for jobs designated as Interior worksite, preparation level 1
pursuant to
5:17-4.3(b)1 or
Exterior worksite, preparation level 1 pursuant to
5:17-4.3(c)1 if
adjacent properties are at least 20 feet from the work area. However, the
contractor shall designate a supervisor to be responsible for such jobs and the
supervisor shall be available to the workers at all times that the job is
ongoing.
