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How Does the NJ Lead Safe Law affect Real Estate Transactions?

May 8, 2024 9:11:00 AM / by David C Sulock posted in Lead, Lead paint inspections, Lead wipe sample, Lead Paint Inspection, Lead Free Certification, Lead Free Cert

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New Jersey passed legislation requiring lead inspection of rental properties by June of 2024. Before this,  residential properties had only the Federal Title X to deal with, which allowed a buyer to test for lead in building competent before purchase but did not require the owner to do anything if lead was found.  Owners also have to disclose what they know about lead, which for most properties was nothing because they never did any lead inspections.    This new legislation levels the playing field by supplying owners with lead-based data. 

 

lead paint usage by yearsAny property subject to the NJ Lead Safe Law is now providing property owners inspection reports on lead.  New Jersey lead licensing requires licensed firms to document certain facts regarding inspections nad reports.  In addition, the lead inspections have included dust wipe sampling which tests for lead, these data points are now to be disclosed to future renters and buyers. 

Let me go a step further, the law allows you to obtain a Lead Safe or Lead-Free certificate for target rental units built before 1978.    Lead safe is a never-ending loop of inspections for these properties, every 2 to 3 years.  All inspections carry a cost and the cost is greater if renovation or lead remediation is required post-inspection.  You can imagine a pre-1978 rental property that holds a Lead Free designation is more valuable as it will exempt the property from future inspections.  This golden ticket so to speak is being reached for by landlords in the form of XRF Lead Paint Inspections, which are a surface by surface testing of interior building materials.  A rental property that is two-bedroom could have 200 different tests for lead.    Statistically speaking, the age of the dwelling and painting history are huge factors in your odds of finding lead.  And yes, we are seeing lead in properties where the landlord has professed to the building being totally gutted, completely renovated, we replaced everything. Yet lead we find and a report we must supply, which the landlord must now disclose to all future renters and buyers:

Federal law requires that before signing a lease for target housing, including most buildings built before 1978, renters must receive the following from your landlord:

  • An EPA-approved information pamphlet on identifying and controlling lead-based paint hazards, Protect Your Family From Lead In Your Home (PDF).
  • Any known information concerning the presence of lead-based paint or lead-based paint hazards in the home or building.
    • For multi-unit buildings, this requirement includes records and reports concerning common areas and other units when such information was obtained as a result of a building-wide evaluation.
  • An attachment to the contract, or language inserted in the contract, that includes a "Lead Warning Statement" and confirms that the landlord has complied with all notification requirements.

To make it simple the bolded red statement means before the NJ Lead Safe law landlords knew little about lead other than suspecting lead was present.  Well now the landlord has data points, reports, inspections data, lead wipe sampling and for those striving for LEAD FREE a map of the lead, which must be DISCLOSED.   Sometimes data sets show that lead based hazards were found, or testing found lead dust exceeding applicable standards, which can constitute a lead-based hazard.  

Lead disclosure in Real Estate

What you may not realize are the standards for lead dust wipe samples are very low and have only gotten lower and there is a goal that the standard should be at ZERO, for zero tolerance of residual lead.

The lead safe law is going to buildup data points these landlords/owners must disclose to renters and buyers under federal regulations. This is heavily slanted for those properties wanting to achieve a Lead-Free designation as they will undergo an XRF inspection and the lead will be mapped out in the report, which the owner must share.  More often than not when you do a Lead Paint Inspection, which tests all surfaces for Lead, you realize just how popular lead is in paint, stains, and varnishes.    This is stated because we have inspected many "Totally Gutted", and "Completely Renovated" buildings only to find lead is still present on painted and stained surfaces.

 

If you have to navigate a lead issue, landlord, buyer or seller, call the experts.

 

Lead Experts, Since 1998

888-301-1050

 

Lead Consultant

 

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Lead Free Certification

Mar 8, 2024 4:59:01 AM / by David C Sulock posted in Lead Paint Inspection, Lead Free Certification, lead free designation, Lead Free Cert

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What is a Lead Free cert?

 

aka how do I get a lead free certification?

 

New Jersey's Lead Safe law is requiring landlords to have lead inspections, basically forever.  When lead is added to paint, stain or varnish, it increases durability, speeds drying time and resists moisture, who wouldn't want it.  Lead was also heavily advertised in paint, think of lead paint as todays Ozempic, people want to try it.

 

leadfree cert nj

 

Although lead was a very popular additive to paint, maybe your house was built closer to the 1978 ban on lead paint (1971 in NJ) or you did extensive interior renovations.  If so, it would worth it to have a lead paint inspection, which entails surface testing of all surfaces inside a building to test for the presence of lead paint. (stains and varnishes as well).

 

A Lead Free Certification is valid for a lifetime.

A property is considered "Lead Free" when the property has been certified by a licensed lead paint inspector as “Lead Free”. This requires a Lead Paint Inspection using an XRF Analyzer to test all surfaces for the presence of lead..

 

At Curren we can discuss your options regarding obtaining a lead free cert and the likelihood of obtaining lead free designation for your property.  We are also fair, if you fail to get lead free or inspectors can pivot and provide lead safe.

lead free certificationhow do i get a lead free certificate?

 

Call the Lead Free Experts

856-858-9509

 

The technical side of a New Jersey Lead Free Certification would go as follow:

 

Lead free would be issued under N.J.A.C. 5:17.

There is a cert (paper form) from a certified NJ lead evaluation company, like Curren Environmental

The inspection required for Lead Free would follow HUD and 5:17 protocols;

The protocols require onsite testing with an XRF gun.  Common XRF units have a radioactive isotope, Curren's units which are saver do not utilize radioactive material.

5:17-3.6 Reports and certificates…

(b) If, upon performance of an inspection of all painted surfaces in accordance with this chapter, a unit or building is determined to be lead-free, the certified lead evaluation firm shall issue certification on a form prescribed by the Department to the owner and, upon request, to any enforcing agency having jurisdiction to enforce lead safety standards at the premises. The certified lead evaluation firm shall report issuance of all such certifications to the Department in such form and manner as may be prescribed by the Department. 1. The certificate or report shall be signed and dated and shall identify the building, common area(s) or dwelling unit(s) to which it applies. 2. In order to be certified as lead free, the paint shall be tested for lead content through XRF testing, paint chip analysis or another method of testing the lead content of paint permitted pursuant to this chapter. All such testing shall be performed in accordance with the requirements of this chapter and the protocols established in the HUD Guidelines.

(c) If, upon performance of an inspection and risk assessment in accordance with this chapter, a unit or building is determined to be free of lead-based paint hazards, the certified lead evaluation firm shall issue a certification on a form prescribed by the Department to the owner, and, upon request, to any enforcing agency having jurisdiction to enforce lead safety standards at the premises. The certified lead evaluation firm shall report issuance of all such certifications to the Department in such form and manner as may be prescribed by the Department. 1. The certificate or report shall be signed and dated, shall identify the building, common area(s) and dwelling unit(s) to which it applies. The certificate or report also shall include a statement cautioning the owner regarding the need to perform on-going evaluation and maintenance to ensure that the painted surfaces remain in a hazard free condition.

Call the  Experts

856-858-9509

 

lead free cert

 

 

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