The NJ Lead Safe Law has been in effect since July 22, 2022, and July 22, 2025, is the deadline for all applicable properties to have completed their first inspection.
You may ask why the deadline is three years from the start of the law when many properties have already completed an inspection. The law allows a property to complete the first inspection by July 2025, if continuous occupancy of the unit has occurred. This means the unit has been occupied by the same tenant since 2022. But if the tenant leaves before July 2025, well then you trigger an inspection.
Here is where the real confusion is - Municipalities who are required to enforce the law many believe that a new lead safe cert must be obtained every time a new tenant, even if a valid lead safe certificate exists. (Lead safe certs are good for 3 years). This is directly out of the regulations:
For nonexempt units, after the initial inspection mentioned in Section 3.3.2 is conducted, units shall be inspected for lead-based paint hazards every three years, or upon tenant turnover, whichever is earlier. An inspection upon tenant turnover is not required if the owner has a valid lead-safe certificate. Lead-safe certificates are valid for three years. Accordingly, if the lead-safe certificate has not expired upon tenant turnover, the next inspection will be three years from the prior inspection.
Curren has had to inform clients and municipalities that a lead safe inspection is not required. In essence we talk ourselves out of work, but it's not ethical to do these inspections when they are not warranted.
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