Current through Register Vol. 56, No. 24, December 18, 2024
(a) If, following inspection, a lead
evaluation contractor or permanent local agency finds that no lead-based paint
hazard exists in a dwelling unit, the lead evaluation contractor or permanent
local agency shall certify the dwelling unit as lead-safe on the form
prescribed by the Department.
1. The
lead-safe certification shall be valid for a period of two years from the date
of issuance.
i. If, during the two-year
certification period, a lead evaluation contractor, lead inspector/risk
assessor, a local health department, or a public agency conducts an independent
inspection or risk assessment and determines that there is a lead-based paint
hazard, the lead-safe certification issued pursuant to this chapter shall be
invalid. A periodic lead-based paint inspection shall be scheduled upon the
conclusion of remediation, in accordance with
N.J.A.C.
5:28A-2.5(e).
ii. Where an independent inspection or risk
assessment determines that there is a lead-based paint hazard, the
inspector/risk assessor shall inform the municipality of the results of the
inspection.
iii. The lead-safe
certification shall not exempt the dwelling from any other law that would
require a lead inspection/risk assessment.
2. A copy of the lead-safe certification
shall be provided to the owner of the dwelling. If a lead evaluation contractor
issues the lead-safe certification, a copy shall also be provided to the
municipality at the time it is issued.
(b) If a lead evaluation contractor or
permanent local agency finds that a lead-based paint hazard exists in a
dwelling unit, they shall notify the Department for review of the findings, in
accordance with the Lead Hazard Control Assistance Act.
1. If a lead-based paint hazard is identified
in an inspection of one of the dwelling units in a building consisting of two
or three dwelling units, then the lead contractor or permanent local agency
shall inspect the remainder of the building's dwelling units, with the
exception of those dwelling units that have been certified to be free of
lead-based paint or which have a valid lead-safe certification.
(c) The owner of the dwelling unit
shall be responsible for remediation of the lead-based paint hazard.
Remediation must be conducted consistent with the requirements at
N.J.A.C.
5:28A-2.5.
