New Jersey Administrative Code
Title 5 - COMMUNITY AFFAIRS
Chapter 28A - LEAD-BASED PAINT INSPECTIONS IN RENTAL DWELLINGS
Subchapter 1 - GENERAL PROVISIONS
Section 5:28A-1.3 - Applicability and exemptions
Universal Citation: NJ Admin Code 5:28A-1.3
Current through Register Vol. 56, No. 18, September 16, 2024
(a) This chapter applies to all rental single-family, two-family, and multiple dwelling units with the exception of those exempt pursuant to (b) below.
(b) The following rental dwelling units shall be exempt from the requirements of this chapter and, thus, shall not be subject to periodic lead-based paint inspection and evaluation for the presence of lead-based paint hazards:
1. Dwelling units
that were constructed during, or after, 1978;
2. Single-family and two-family seasonal
rental dwelling units that are rented for less than six months duration each
year by tenants that do not have consecutive lease renewals;
3. Dwelling units that have been certified to
be free of lead-based paint, pursuant to N.J.A.C. 5:17;
4. Multiple rental dwelling units constructed
prior to 1978 that have been registered with the Department for at least 10
years and have no outstanding paint violations from the most recent cyclical
inspection performed on the multiple dwelling pursuant to the Hotel and
Multiple Dwelling Law,
N.J.S.A.
55:13A-1 et seq., and N.J.A.C. 5:10.
i. All multiple dwelling units constructed
prior to 1978 that have been registered with the Department for at least 10
years and that have a current certificate of inspection issued by the
Department of Community Affairs, Bureau of Housing Inspection, shall be exempt
from this chapter;
ii. All multiple
dwelling units constructed prior to 1978 that have been registered with the
Department for at least 10 years with open inspections that have no violations
for paint shall also be exempt from this chapter; and
5. Dwellings with a valid lead-safe
certification issued pursuant to this chapter. Lead-safe certifications are
valid for two years from the date of issuance pursuant to
N.J.A.C.
5:28A-2.4.
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