This article is enacted pursuant to P.L. 2021, c. 182, and shall
be interpreted and enforced to the same extent as that legislation,
any amendments or supplements thereto, the companion regulations set
forth at N.J.A.C. 5:28A-1.1 et seq., and other associated regulatory
or judicial authority.
For the purposes of this article, the following words and terms
have the meanings set forth below, unless the context clearly indicates
otherwise:
DCA
The New Jersey Department of Community Affairs.
DOH
The New Jersey Department of Health.
DUST WIPE SAMPLING
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 ("HUD") and as conducted pursuant
to N.J.A.C. 5:28A-2.3.
DWELLING
A building containing a room or rooms, or suite, apartment,
unit, or space, that is rented and occupied, or intended to be rented
and occupied, for sleeping and dwelling purposes by one or more persons.
DWELLING UNIT
A unit within a building that is rented and occupied, or
intended to be rented and occupied, for sleeping and dwelling purposes
by one or more persons.
INTERIM CONTROLS
A set of measures designed to reduce temporarily human exposure
or likely exposure to lead-based paint hazards, including specialized
cleaning, repairs, maintenance, painting, temporary containment, ongoing
monitoring of lead-based paint hazards or potential hazards, and the
establishment and operation of management and resident education programs,
or the term as it defined pursuant to 42 U.S.C. § 4851b
and the regulations adopted pursuant thereto.
LEAD ABATEMENT
A set of measures designed to permanently eliminate lead-based
paint hazards in accordance with standards adopted pursuant to N.J.A.C.
5:17.
LEAD ABATEMENT CONTRACTOR
A firm certified by DCA to perform remediation through lead
abatement or interim control work pursuant to N.J.A.C. 5:17.
LEAD ABATEMENT WORKER
An individual certified by the New Jersey Department of Health
to perform lead abatement work pursuant to N.J.A.C. 8:62.
LEAD EVALUATION CONTRACTOR
A firm certified by DCA to perform lead inspection and risk
assessment work pursuant to N.J.A.C. 5:17. This includes the ability
to perform dust-wipe sampling.
LEAD INSPECTOR/RISK ASSESSOR
An individual certified by DOH to perform lead inspection
and risk assessment work pursuant to N.J.A.C. 8:62. This includes
the ability to perform dust wipe sampling.
LEAD-BASED PAINT
Paint or other surface coating material that contains lead
in excess of 1.0 milligram per centimeter squared or in excess of
0.5% by weight, or such other level, as may be established by federal
law.
LEAD-BASED PAINT HAZARD
Any condition that causes exposure to lead from lead-contaminated
dust or lead-contaminated paint that is deteriorated or present on
surfaces that would result in adverse human health effects.
LEAD-FREE
That a dwelling has been certified to have no lead-based
paint or has undergone lead abatement in accordance with N.J.A.C.
5:17.
LEAD-FREE CERTIFICATION
The certification issued pursuant to N.J.A.C. 5:28A, which
confirms that a periodic lead-based paint inspection was performed
and that no lead-based paint hazards were found.
LEAD-SAFE
That a dwelling has been found to have no outstanding lead-based
paint hazards, but does not mean that the dwelling is certified as
lead-free.
MULTIPLE DWELLING
1) Any building or structure and any land appurtenant thereto
and any portion thereof in which three or more dwelling units are
occupied or intended to be occupied by three or more persons living
independently of each other; 2) any group of 10 or more buildings
on a single parcel of land or on contiguous parcels under common ownership,
in each of which two dwelling units are occupied, or intended to be
occupied, by two persons or households living independently of each
other, and any land appurtenant thereto, and any portion thereof.
Buildings or structures excluded pursuant to N.J.S.A. 55:13A-3(k)
are not included in this definition.
PERIODIC LEAD-BASED PAINT INSPECTION
The initial inspection of all applicable dwelling units at
the earlier of two years from the effective date of P.L. 2021, c.182
(July 22, 2022), or tenant turnover, and thereafter the earlier of
three years or upon tenant turnover, consistent with N.J.A.C. 5:28A-2.1,
for the purposes of identifying lead-based paint hazards in dwellings
subject to this article.
REMEDIATION
Interim controls or lead abatement work undertaken in conformance
with this article and N.J.A.C. 5:28A to address lead-based paint hazards.
TENANT TURNOVER
The time at which all existing occupants vacate a dwelling
unit, and all new tenants move into the dwelling unit, or the time
at which a new tenant enters a vacant dwelling unit.
VISUAL ASSESSMENT
A visual examination for deteriorated paint or visible surface
dust, debris, or residue, and as conducted pursuant to N.J.A.C. 5:28A-2.3
and this article.
The following dwelling units in a single-family, two-family,
or multiple rental dwelling are not subject to inspection and evaluation
for the presence of lead-based paint hazards:
A. Dwelling units that have been certified to be free of lead-based
paint pursuant to N.J.A.C. 5:17.
B. Dwelling units constructed during or after 1978.
C. Single-family and two-family seasonal rental dwellings rented for
less than six months in duration each year by tenants that do not
have consecutive lease renewals.
D. Multiple rental dwelling units constructed prior to 1978 that have
been registered with the DCA for at least 10 years and have no outstanding
paint violations from the most recent cyclical inspection performed
on the 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.
(1) All multiple dwelling units constructed prior to 1978 that have been
registered with the DCA for at least 10 years and that have a current
certificate of inspection issued by DCA.
(2) All multiple dwelling units constructed prior to 1978 that have been
registered with DCA for at least 10 years with open inspections that
have no violations for paint.
E. Dwelling units 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 under the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1
et seq.
F. Dwellings that have a valid lead-safe certification issued in accordance
with this article and N.J.A.C. 5:28A. Lead-safe certifications are
valid for two years from the date of issuance pursuant to N.J.A.C.
5:28A-2.4.