If lead-based paint hazards are found during an inspection, the owner of the dwelling unit must remediate the lead-based paint hazard by using lead-based paint hazard control methods such as interim controls, or abatement. Colloquially, remediation is often used synonymously with interim controls and does not include abatement; however, in the context of P.L.2021, c.182, encompasses both interim controls and abatement.
The general definition of a Lead Paint Hazard as per HUD is:
Any condition that causes exposure to lead from dust-lead hazards, soil-lead hazards, or lead-based paint that is deteriorated or present in chewable surfaces, friction surfaces, or impact surfaces, and that would result in adverse human health effects.
The NJ Lead Safe Law P.L.2021, c.182, assumes all interior paint is lead paint, so deteriorated paint triggers a lead paint hazard. The law allows an out for owners:
If deteriorated paint is found during the course of a visual assessment, the owner of a dwelling may elect to order a dust wipe inspection to confirm the presence of lead-based paint. The wipe samples in this situation included window sill sampling as well as the floor below the deteriorated paint, both samples confirmed lead dust and exceeded applicable standards.
This law does not require or reference XRF to be included with a lead inspection, although use of an XRF could 100% confirm if the paint contains lead. Owners can elect to have a limited XRF testing performed of the deteriorated paint, to show that the paint is indeed NOT LEAD-containing. Since the lead law allows municipalities to have some flexibility in enforcing the lead law this approach would be contingent on the municipality accepting the argument get a lead-free cert based on XRF and be exempt so if an owner is willing to pay for XRF, it can be used. The above photo shows a painted floor, which clearly is a new paint or coating and would not be expected to contain lead, testing of the paint can provide support that a lead hazard is not present.
Environmental regulations are confusing, Curren Environmental has over 26 years helping clients navigate the regulatory landscape. Call the lead experts:
856-858-9509