New Jersey § 52:27d-437

§ 52:27d-437.

a. As used in this section: “ Dust wipe sampling ” means a sample collected by wiping a representative surface and tested in accordance

with a method approved by the United States Department of Housing and Urban Development. “ Tenant turnover ” means the time at which all existing occupants vacate a dwelling unit and all new

tenants move into the dwelling unit. “ Visual assessment ” means a visual examination for deteriorated paint or visible surface dust, debris,

or residue. b. (1) Subject to subsection c. of this section, in a municipality that maintains

a permanent local agency for the purpose of conducting inspections and enforcing laws,

ordinances, and regulations concerning buildings and structures within the municipality,

the permanent local agency shall inspect every single-family, two-family, and multiple

rental dwelling located within the municipality at tenant turnover for lead-based

paint hazards or within two years of the effective date of P.L.2021, c. 182 ( C.52:27D-437.16 et al.) 1 , whichever is earlier. Thereafter, all such units shall be inspected for lead-based paint hazards the earlier

of every three years or upon tenant turnover, except that an inspection upon tenant

turnover shall not be required if the owner has a valid lead-safe certification pursuant

to this section. The municipality shall charge the dwelling owner or landlord a fee sufficient to

cover the cost of the inspection. (2) Subject to subsection c. of this section, a municipality that does not maintain

a permanent local agency for the purpose of conducting inspections and enforcing laws,

ordinances, and regulations concerning buildings and structures within the municipality,

the municipality shall hire a lead evaluation contractor, certified to provide lead

paint inspection services by the Department of Community Affairs, to inspect every

single-family, two-family, and multiple rental dwelling located within the municipality

at tenant turnover for lead-based paint hazards or within two years of the effective

date of P.L.2021, c. 182 ( C.52:27D-437.16 et al.), whichever is earlier. Thereafter, all such units shall be inspected for lead-based paint hazards the earlier

of every three years or upon tenant turnover, except that an inspection upon tenant

turnover shall not be required if the owner has a valid lead-safe certification pursuant

to this section. The municipality shall charge the dwelling owner or landlord a fee sufficient to

cover the cost of the inspection, including the cost of hiring the lead evaluation

contractor. (3) A municipality shall permit the dwelling owner or landlord to directly hire a

lead evaluation contractor who is certified to provide lead paint inspection services

by the Department of Community Affairs to satisfy the requirements of paragraph (1)

or (2) of this subsection. (4) A permanent local agency or lead evaluation contractor with the duty to inspect

single-family, two-family, and multiple rental dwellings pursuant to this section

may consult with the local health board, the Department of Health, or the Department

of Community Affairs concerning the criteria for the inspection and identification

of areas and conditions involving a high risk of lead poisoning in dwellings, methods

of detection of lead in dwellings, and standards for the repair of dwellings containing

lead paint. (5) Fees established pursuant to this subsection shall be dedicated to meeting the

costs of implementing and enforcing this subsection and shall not be used for any

other purpose. c. Notwithstanding subsection b. of this section to the contrary, a dwelling unit

in a single-family, two-family, or multiple rental dwelling shall not be subject to

inspection and evaluation for the presence of lead-based paint hazards if the unit: (1) has been certified to be free of lead-based paint; (2) was constructed during or after 1978; (3) is in a multiple dwelling that has been registered with the Department of Community

Affairs as a multiple dwelling for at least 10 years, either under the current or

a previous owner, and has no outstanding lead violations from the most recent cyclical

inspection performed on the multiple dwelling under the “Hotel and Multiple Dwelling

Law,” P.L.1967, c. 76 ( C.55:13A-1 et seq. ); (4) is a single-family or two-family seasonal rental dwelling which is rented for

less than six months duration each year by tenants that do not have consecutive lease

renewals; or (5) has a valid lead-safe certification issued in accordance with this section. d. (1) If a lead evaluation contractor or permanent local agency finds that a lead-based

paint hazard exists in a dwelling unit upon conducting an inspection pursuant to this

section, then the owner of the dwelling unit shall remediate the lead-based paint

hazard by using abatement or lead-based paint hazard control methods, approved in

accordance with the provisions of the “Lead Hazard Control Assistance Act,” P.L.2003, c. 311 ( C.52:27D-437.1 et al.). Upon the remediation of the lead-based paint hazard, the lead evaluation contractor

or permanent local agency shall conduct an additional inspection of the unit to certify

that the hazard no longer exists. (2) If a lead evaluation contractor or permanent local agency finds that no lead-based

paint hazards exist in a dwelling unit upon conducting an inspection pursuant to this

section or following remediation of a lead-based paint hazard pursuant to paragraph

(1) of this subsection, then the lead evaluation contractor or permanent local agency

shall certify the dwelling unit as lead-safe on a form prescribed by the Department

of Community Affairs as provided for in regulations or guidance promulgated pursuant

to section 8 of P.L.2021, c. 182 ( C.52:27D-437.20 ). The lead-safe certification provided to the property owner by the lead evaluation

contractor or permanent local agency pursuant to this paragraph shall be valid for

two years. e. Beginning on the effective date of P.L.2021, c. 182 ( C.52:27D-437.16 et al.), property owners shall: (1) provide evidence of a valid lead-safe certification obtained pursuant to this

section as well as evidence of the most recent tenant turnover at the time of the

cyclical inspection carried out under the “Hotel and Multiple Dwelling Law,” P.L.1967,

c. 76 ( C.55:13A-1 et seq. ), unless not required to have had an inspection by a lead evaluation contractor or

permanent local agency pursuant to paragraph (1), (2), or (3) of subsection c. of

this section; (2) provide evidence of a valid lead-safe certification obtained pursuant to this

section to new tenants of the property at the time of tenant turnover unless not required

to have had an inspection by a lead evaluation contractor or permanent local agency

pursuant to paragraphs (1), (2), (3), and (4) of subsection c. of this section, and

shall affix a copy of such certification as an exhibit to the tenant's or tenants'

lease; and (3) maintain a record of the lead-safe certification which shall include the name

or names of the unit's tenant or tenants, if the inspection was conducted during a

period of tenancy, unless not required to have had an inspection by a lead evaluation

contractor or permanent local agency pursuant to paragraphs (1), (2), (3), and (4)

of subsection c. of this section. f. If a lead evaluation contractor or permanent local agency finds that a lead-based

paint hazard exists in a dwelling unit upon conducting an inspection pursuant to this

section, then the lead evaluation contractor or permanent local agency shall notify

the Commissioner of Community Affairs, who shall review the findings in accordance

with section 8 of the “Lead Hazard Control Assistance Act,” P.L.2003, c. 311 ( C.52:27D-437.8 ). g. (1) If a dwelling is located in a municipality in which less than three percent

of children tested, six years of age or younger, have a blood lead level greater than

or equal to five ug/dL, according to the central lead screening database maintained

by the Department of Health pursuant to section 5 of P.L.1995, c. 328 ( C.26:2-137.6 ), or according to other data deemed appropriate by the commissioner, then a lead

evaluation contractor or permanent local agency may inspect for lead-based paint hazards

through visual assessment. (2) If a dwelling is located in a municipality in which at least three percent of

children tested, six years of age or younger, have a blood lead level greater than

or equal to five ug/dL, according to the central lead screening database maintained

by the Department of Health pursuant to section 5 of P.L.1995, c. 328 ( C.26:2-137.6 ), or according to other data deemed appropriate by the commissioner, then a lead

evaluation contractor or permanent local agency shall inspect for lead-based paint

hazards through dust wipe sampling. (3) If a lead 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 evaluation contractor

or permanent local agency shall inspect the remainder of the building's dwelling units

for lead hazards, with the exception of dwelling units that have been certified to

be free of lead-based paint. The lead evaluation contractor or permanent local agency may charge fees in accordance

with this section for such additional inspections. h. In addition to the fees permitted to be charged for inspection of rental housing

pursuant to this section, each municipality shall assess an additional fee of $20

per unit inspected by a certified lead evaluation contractor or permanent local agency

for the purposes of the “Lead Hazard Control Assistance Act,” P.L.2003, c. 311 ( C.52:27D-437.1 et al.) concerning lead hazard control work, unless the unit owner demonstrates that

the Department of Community Affairs has already assessed an additional inspection

fee of $20 pursuant to the provisions of section 10 of P.L. 2003, c. 311 ( C.52:27D-437.10 ). In a common interest community, any inspection fee charged pursuant to this subsection

shall be the responsibility of the unit owner and not the homeowners' association,

unless the association is the owner of the unit. The fees collected pursuant to this subsection shall be deposited into the “Lead

Hazard Control Assistance Fund” established pursuant to section 4 of P.L.2003, c. 311 ( C.52:27D-437.4 ). 1

L.2021, c. 182, eff. July 22, 2022.