New Jersey Lead Safe Law amendments

were signed by the governor on September 12, 2024.

Some key points of changes to the NJ Lead Safe Law regarding lead inspections are as follows:

Lead inspections were always interior and tenant-accessible areas in the main structure. The amendment now says detached garages are part of the lead inspection, whereas previously they were not.

Common areas are part of the lead inspection and include, but not be limited to hallways, stairs, foyers, basements, laundry rooms, and the interior of attached or detached garages, if the areas are generally accessible to residential tenants, and the areas are not located within the interior of an individual dwelling unit. So again, a detached garage gets a lead inspection, if the tenant has access.

The law was enacted on July 22, 2022, and you had 2 years to complete the lead inspection or at tenant turnover. The amendment gives you three years from July 22, 2022, or until July 22, 2025.   

Now July 22, 2025, is the latest you can put off a lead inspection, but if a tenant vacates before that date, you must complete the lead inspection.

A municipality shall cause the lead inspection of rental dwelling units and in a building consisting of two or three dwelling units, common areas for lead-based paint hazards at tenant turnover or within three years of the effective date of P.L.2021, c.182 17 (C.52:27D-437.16 et al.), whichever is earlier.

Lead safe certificates are now good for 3 years. As of September 2024, we are awaiting new forms that state the certificates are good for 3 years.  

Once you get a lead-safe certificate, the landlord must provide evidence of a valid lead-safe certification to new tenants of the property at the time of tenant turnover unless by affixing a copy of the lead-safe certification to the tenant's or tenants' lease. Additional landlord obligations require the landlord to maintain a record of the lead-safe certification and include the name or names of the unit's tenant or tenants if the inspection was conducted during a period of tenancy.

Does the existing tenant get a copy of the lead safe certification?

The law does not say landlords must supply the certificate to existing tenants. New tenants must get a copy. The landlord has to give a copy to the municipality and the existing tenant could get a copy from said municipality.   It appears that when the law was written it was thought that there would be a lot of tenant turnover so there would frequently be “new” tenants.  

If a multi-unit building fails the lead inspection?

If a lead hazard is identified in a lead 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 lead-safe.

Why as a landlord you do not want to fail.

An amendment to the law requires that the municipality deliver to the Department of Community Affairs a list identifying each dwelling unit inspected that was determined to contain a lead-based paint hazard. The DCA in turn must submit an annual report to the Legislature indicating the number of inspected dwelling units identified to have lead-based paint hazards. The report shall list the number of inspected dwellings and dwelling units identified to have lead-based paint hazards within each county.  This is a list landlords do not want to be on.

If you have questions regarding New Jersey's Lead Safe law. If you want to know what it takes to pass the lead safe inspection call the experts, Curren Environmental. 

888-301-1050

New Jersey Lead Safe Law will be 2 years old in July of 2024.   The law is attempting to eliminate lead paint hazards inside rental properties in New Jersey.  Landlords are confused regarding what constitutes a Lead Hazard?  

the general definition of a Leda Hazard is as follows:  Lead-Based Paint Hazards: 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.

New Jersey's lead safe law is interior inspection only so, a lead hazard outside is not covered by the inspection, although technically if you have deteriorated exterior lead paint, that is a hazard, but I digress.    The lead hazard under the law is interior hazards.         

Your lead inspector who Likely is not an environmental consultant, saw damaged paint and flagged a lead hazard.    The photo to the left is deteriorated paint.

Deteriorated Paint means any interior or exterior paint that is peeling, chipping, chalking or cracking or any paint located on an interior or exterior surface or fixture that is damaged or deteriorated.

Older properties have a near 100% chance of having some layer of lead paint, but realistically speaking that lead is covered by multiple coats of non-lead paint, since lead paint was banned in 1978.  

Lead-based paint is usually not a hazard if it is in good condition, and the paint is not on an impact or friction surface, such as a window. Deteriorating lead-based paint (peeling, chipping, chalking, cracking, or damaged paint) is a hazard and needs attention. Lead dust can form when lead-based paint is scraped, sanded, or heated. Dust also forms when painted surfaces bump or rub together. Lead chips and dust can reside on surfaces and objects that people touch.

New Jersey Lead Law assumes that for a visual inspection, any deteriorated paint going to be automatically assumed to be leaded paint and is a hazard and must be addressed.

Interim controls are 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.

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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

Real Estate Disclosures about Potential Lead Hazards

Many homes and condominiums built before 1978 have lead-based paint. Paint that has chipped or is deteriorating, or on surfaces that rub together such as windows and doors, creates lead dust which can pose serious health hazards to occupants and visitors. Homebuyers and renters have important rights to know about whether lead is present -- before signing contracts or leases.

Home buyers

Federal law requires that when purchasing homes built prior to 1978 be informed of potential lead hazards.  This disclose occurs BEFORE a contract of sale is executed.   Sellers are technically required to provide the following:  (Yes realtors do  a lot when selling  a home)

Provide a copy of the EPA or an EPA-approved information pamphlet on identifying and controlling lead-based paint hazards Protect Your Family From Lead In Your Home (PDF).

Disclose any known information concerning lead-based paint or lead-based paint hazards in the home or building.  This could be a lead safe cert from an applicable NJ Lead Safe Law property, a copy of any lead risk assessments, or lead-based paint inspections.

You can provide records and reports concerning common areas and other units for multi-unit buildings when information is obtained due to a building-wide evaluation.

Having a Lead Warning statement in the contract of sale and confirms that the seller has complied with all lead notification requirements.

Allow Buyer 10 days to conduct a paint inspection or risk assessment for lead-based paint or lead-based paint hazards.   This time frame can be lengthened or shortened if the buyer and seller agree to do so.   Homebuyers can also waive this inspection.

If you have a concern about lead-based paint, stain or varnish you should hire a licensed lead consultant to perform an evaluation and to discuss the hazards of lead.

Lead Expert

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Lead can be found on the periodic table and is a naturally occurring element. Lead was used historically because it had properties that were attractive.  It is moisture-resistant, malleable, easy to work with and rust-resistant.  Lead was used in many products including gasoline, paints (indoor and outdoor), varnishes, piping & pottery. Lead exposure in children can cause nervous system, and kidney damage, as well as learning disabilities, attention-deficit disorder, and decreased intelligence. It can also cause behavior, speech, and language problems, hearing damage, decreased muscle and bone growth, and poor muscle coordination.

Lead-Based Paint means paint or other surface coating material that contains lead in excess of 1.0 milligrams per centimeter squared or in excess of 0.5% by weight, or such other level as may be established by federal law. The NJ Lead Law assumes lead paint is present. All lead paint inspections include a visual assessment for evaluation of deteriorated paint. The HUD regulation defines deteriorated paint as: "Any interior or exterior paint or other coating that is peeling, chipping, chalking or cracking, or any paint or coating located on an interior or exterior surface or fixture that is otherwise damaged or separated from the substrate."

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. 

Any 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.
  • Sample Lessor's Disclosure of Information in English (PDF) and in Spanish (PDF).

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.  

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

Where do you find lead in a home?

It is found in the air (briefly), soil (brought in from outside), dust (the rubbing of painted surfaces generates dust that can contain lead), and the paint (typically beneath newer coats of latex paint, that will chip off or lose adhesion from the building material substrate) of some homes or buildings built before 1978 (Lead paint was banned by the Consumer Product Safety Commission in 1978). It has been well-established that exposure to lead can cause serious health problems.

 What are popular times when lead paint was used?

Lead in paint was popularized during colonial times for use in interiors and exteriors of homes, due to its durability. 

 Why was lead even added to paint and stains?

Think about painting, do you want the paint or stain to dry fast, so you can add a second coat or just to put stuff back in the room?   Do you want the paint or stain to be water resistant so if you leave a window open and water hits the window well or sill it resists water damage?   Do you want the surface to be durable and wear like iron, ahem lead. How about making the surfaces washable?   All these desirable features were obtained when you added lead to paint and stain.

 What is the most common lead exposure to humans?

Lead dust is the most common way that people are exposed to lead. Inside the home, most lead dust comes from chipping and flaking paint or when paint is scraped, sanded, or disturbed during home remodeling. Chipping and peeling paint are found mostly on surfaces that rub or bump up against another surface.

Which route of exposure is the most common for lead?

Lead exposure in humans and most importantly in children occurs primarily through ingestion. On a normal day dust can be generated by rubbing of leaned coated surfaces, such as doors, windows, and floors (yes lead was used in stains and the friction on floors wears them down and generates dust). This dust can enter your body by touching it and hand-to-mouth activity.

Young children crawling on the floor and playing on the floor are exposed to the dust making it the most common route of exposure. Lead also has a sweet taste so hand to mouth activity of young children is increased due to the flavor profile.   Adults are less likely to be crawling on the floor or chewing on paint chips, but if the dust is airborne from cleaning, lead can be inhaled. If dust is on an adult's hand and hand-to-mouth action incurs lead can be ingested.   Renovation of buildings that contain lead, including component removal and replacement, sanding for painting, demolition, etc. will generate dust that can be inhaled or ingested.  

Where is lead hiding?

It can be found in dirt and dust, some things we eat, paint in old houses, and contaminated water. Even very small amounts of lead are not safe for children. Lead poisoning occurs when lead builds up in the body, often over months or years. Even small amounts of lead can cause serious health problems.

 Should I have a lead paint inspection performed?

You have to ask yourself if you know where lead is or isn't how is that information going to be used?

A lead paint inspection would tell you where lead is or isn't.  Any construction, repair, or renovation work can disturb lead paint and produce lead dust.  Lead dust inhaled or ingested has well-documented health effects in humans and children in particular.    So knowing where lead is when disturbing building materials has huge value.

How do you remove lead dust from a house?

You can use a special vacuum cleaner called a High-Efficiency Particulate Air Filter (HEPA) vacuum to clean up lead dust. The HEPA vacuum has a special filter that can pick up and hold small pieces of lead. Another option is to use a wet/dry vacuum in the wet setting to clean up the wash or rinse water.

Lead Questions? Call the Experts

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 What houses have lead poisoning?

Any house or apartment built before 1978 could have lead paint. Houses and apartments built before 1960 have the most lead paint. Common household repairs (like painting or fixing a door that sticks to the doorframe) can produce lead dust or paint chips. This dust and paint chips can contain lead.

Do all homes built before 1978 have lead?

In the environmental industry, you presume it is present until proven otherwise, so the answer is you presume it to be present.   That said although the paint was banned lead paint still existed and may be brought to a home built in 1979 from a home built before 1978. You may also have an heirloom piece (an old fixture of some sort from a pore 1978 home installed in your post-1978 home that has lead paint or varnish. Think doors, old windows, corner cabinets, mantels, etc..

I gutted my house, how can it still have lead?

As you scrape, drill, cut, open walls, remove trim, demolish, or perform other renovation activities, you create dust that may contain lead and may remain in the dwelling. Think about lead touching every surface (lead paint on wood, plaster, stairs, etc.), and lead stain or varnish on floors, stairs, and doors.   Now think, did you remove all these surfaces?   Did you gut the closets, and replace the stairs, including your painted basement stairs? How about painted surfaces in the basement? Basement walls, stairs, ceiling, windows, are they painted with lead paint?

The timeline below shows how popular lead paint was in the United States. Clearly, as you approach 1978 lead usage decreased.

Lead Questions? Call the Experts

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A New Jersey Lead Safe Certificate is good for 2 years but can last 3 years.

When a certificate expires, you have to have another inspection, either after two (2) years or between two (2)  2 years and three years.   The New Jersey Lead safe certification is never-ending and your obligations are perpetual. The law is also very confusing, so let's clear up the biggest question people have which is how long does the lead safe certificate last?

That answer is confusing as is the NJ Lead Law, so let me clarify.

A lead safe certification lasts two years.

But if you have a tenant that occupies a rental unit that has a valid (unexpired) lead safe certificate and that tenant remains a tenant past the 2-year certificate expiration, then the cert can be valid for 3 years (from date of issuance) or shorter if the tenant only stays say 6 months past the 2-year period.

Lead Safe Certification Duration Example

Let's say you have a tenant that signs a 5-year lease.

You get a lead safe cert that’s good for 2 years.

The lead safe certificate will last 3 years because a tenant has occupied the unit during the initial 2 years and the law has a belief that the tenant knowing the property is lead safe would notify the landlord if it became unsafe. This carnal knowledge so to speak allows the cert to last 3 years.

Now at the 3-year mark, you must get a reinspection, even if the tenant is staying. The longest anyone can go without another lead inspection is 3 years.

Following this example, when this dream tenant who has signed a 5-year lease leaves at year 5, you must get another inspection.

Lead Questions? Call The Lead Experts,

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HUD's New Final Rule, 24 CFR 35, dictates that lead dust should be below the following standards:

Less than 10 µg/ft2 (micrograms of lead per square foot) on floors, 100 µg/ft2 on windowsills. 

100 µg/ft2 on window troughs

When a lead wipe sample fails, it indicates that lead dust is present on the surface sampled.

The lead risk assessor should be able to point to the causes of the wipe failure so appropriate corrective action can be implemented.  To be practical, you are not wipe sampling when deteriorated paint is present.  So, when a wipe sample fails you must look to see how many failed.  Is it systemic through the property or in an isolated area?  So if you have four (4) floor samples and one fails, it needs to be evaluated as to why only one failed. 

The amount of lead that meets clearance criteria is a very minimal quantity and is often not visually seen with the naked eye. In recent years the lead dust limit for floors was four (4) times higher than its current standard. This could lead to failures if surfaces were not properly cleaned, even when deteriorated paint is not present.   All wipe sampling represents a snapshot in time regarding lead on a given surface. Once failure has occurred the area must be cleaned or recleaned until post-cleaning wipe samples meet criteria. A successful method of cleaning involves sequential cycles of HEPA vacuuming and wet wiping surfaces. Wet wiping can be performed with cleaning compounds specific to lead.  Lead dust is chemically sticky, so utilizing a  cleanser to break the chemical bond is critical.

You may find the lead dust is from deteriorated paint, which would require abatement or interim controls.  Interim controls are a set of measures designed to reduce temporary human exposure or likely exposure to lead-based paint hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, and ongoing monitoring of lead-based paint hazards or potential hazards. You can think of interim controls as dust removal, paint stabilization, and/or control of friction/abrasion points on building materials that are in good condition and repairable.     Seriously deteriorated surfaces that cannot be “repaired” will require replacement/abatement. 

 When the order is for interim controls, the following criteria shall apply:

1. The person performing the interim controls shall: Complete training in accordance with the Occupational Safety and Health Administration Hazard Communication requirements at 29 CFR 1910.1200 (see (a)1i and ii above, have successful completion of training as a certified renovator for New Jersey through the Department of Community Affairs;

The United States Environmental Protection Agency (EPA) certifies Renovation, Repair, and Painting contractors. These firms are certified to perform renovation, repair, and painting projects that address lead-based paint in homes and childcare facilities. This work is often involved in interim control methods. Information may be found online at: https://www.epa.gov/lead/leadrenovation-repair-and-painting-program .

2008 Lead Renovation, Repair and Painting Rule beginning April 22, 2010, firms performing renovation, repair and painting projects that disturb lead-based paint in homes, childcare facilities, and kindergartens built before 1978 must be EPA- or state-certified and must use certified renovators who follow specific work practices to prevent lead contamination.

After interim control and or cleaning is performed, the space to be sampled should be kept closed to human entry prior to performing post-wipe sampling. This ensures accurate wipe sample results that are free of outside sources of lead.

If lead wipe samples fail as part of a Risk Assessment in New Jersey under the NJ Lead Safe Law, landlords have 30 days to address the problem so reinspection and sampling can be performed.

If the unit is occupied where a wipe sample failed, the lead risk assessor or the certified evaluator thought there was a serious problem, the evaluator or the local health department could do a complete lead hazard investigation and make a decision on occupancy.   

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What is the difference between a lead-safe and a lead-free certification?

Lead-safe means you have lead paint and it is well maintained and not deteriorated, flaking, etc. The lead hazard is contained and therefore does not represent an exposure pathway to humans. Lead-free, means you have no lead paint, the property is free of lead paint, and no lead paint hazard exists.

In the United States lead paint was banned in 1978 by the Consumer Products Safety Commission.  Consumers could not buy lead paint after 1978, but commercial sites still could.   The logic is if it was banned in 1978, homes built after 1978 should be lead-free after that date, but that is not always true.   Following the same logic, homes built before 1978 have the potential to contain lead paint. 

Lead paint was moisture resistant, dried fast, and wore like well lead, so lead paint had attributes anyone painting would find desirable.

EPA & HUD attempted to manage the risk of lead paint and established standards and protocols for evaluating lead paint, testing lead paint, and what to do when lead paint is found.  They learned that homes have lead paint on everything and even varnishes had lead, so basically pretty much any surface could contain lead.  Testing every surface for lead paint is time-consuming and expensive, so protocols were established that had costs in mind as the target housing for lead paint testing. The target was large multi-family rental buildings, causing the owners to incur substantial costs to evaluate for the lead paint on every surface in every room.  For example, a typical 3-bedroom home could have 300 lead tests performed.

There were also protocols established when lead paint was found and a child living in the home had an elevated lead blood level.  The protocol evaluated the child and what they were exposed to at home, outside, and even where family members worked Remember, as was stated early lead was banned for consumers, not commercial uses.  This assessment of lead risk was established as a Lead Risk Assessment.

What is a Lead Risk Assessment?  

A risk assessment is an on-site investigation to determine the presence, type, severity, and location of lead-based paint hazards, including lead hazards in paint, dust, and soil. The risk assessment provides suggested ways to control them. Risk assessments can be legally performed only by certified risk assessors.

New Jersey has a lead safe law for rental units.

The lead safe law requires a lead risk assessment to be performed to obtain a Lead-Safe certification.  The NJ lead inspection does not require testing of painted surfaces as there is the presumption that lead is present.   In NJ, some towns require dust sampling to see if lead paint is being liberated even if all painted surfaces look in pristine condition.

A lead-safe certification is a one-page form developed by NJ for these inspections. There is no HUD or EPA form used even though they are the entities that established the lead evaluation process and New Jersey law relies upon their protocols for their lead safe law, Confusing right?

There is no universal and clear cut lead-safe certification or requirement to verify that lead is or is not present. The New Jersey laws assume the paint is guilty aka it has lead.

Now everyone values freedom of choice and landlords subject to New Jersey lead-safe law may want testing of painted surfaces to confirm or deny lead is present and if lead is not found to obtain a lead-free certification.  But EPA and HUD have no form or certificate that can be filled out to certify a building as lead-free. 

So what is a lead-free certification?

A lead-free certification is actually a report that is compiled after a Lead Paint Inspection is performed, saying that documents all surfaces were tested for lead and no lead was found.  The report includes all test results and calibration of testing equipment to verify the results are accurate and a floor plan of the building detailing the sampling identification results for each room.  The report is a road map of the dwelling showing where and what was tested and the test results.  The conclusions of the report would be no lead paint was found the dwelling is lead-free.

How do you get a lead-free certification?

You have to complete a lead paint inspection which must be performed by a licensed and certified Lead Paint Inspector.   A Lead-Free inspection begins with a visual inspection and a hand-drawn floor plan of the rooms in the building.   Once you have the interior of the building outlined, you go test all surfaces with an XRF Gun.   This takes hours as you are testing walls, baseboards, window sills, moldings, handrails, doors, inside of closets, stairs, ceiling you name …all fixed painted surfaces.

The lead-free certification process is exhaustive and often times the dwelling fails because even though the owner believes they gutted everything, lead paint is found in an area untouched.  If you want to know where we find lead and properties fail for lead-free, call our office.

Monday to Friday 

888-301-1050

When lead paint is found and the lead-free certification is out the window, you pivot and perform a lead risk assessment with the intention of obtaining a Lead-Free certification. 

Lead Risk assessors are required to perform dust wipe sampling only in towns that are on the DCA list 2022-23 Lead-Based Paint Inspection Methodology Pursuant to P.L.2021, c.182.  Link below:

2022-23 Lead-Based Paint Inspection Methodology Pursuant to P.L.2021, c.182

Some municipalities that have staff to complete the inspection  want to do both visual and wipe sample., even if the town is visual only.

The law allows municipal inspectors to perform visual and dust wipe even if the municipality is not a dust wipe town.  The law reads as follows:

For dwellings located in a municipality in which less than three percent of children six years of age or younger tested have a blood lead level greater than or equal to five micrograms per deciliter, the inspection may be carried out through visual inspection, as explained in Section 3.3.4, below. However, these municipalities may elect to undertake dust wipe sampling, as explained in Section 3.3.5, below.

3.3.5 (p.15) says:

3.3.5 Dust Wipe Sampling Dust wipe sampling is collected by wiping representative surfaces, including floors (both carpeted and uncarpeted), interior windowsills, and other similar surfaces, and testing in accordance with a method approved by HUD. These samples must be undertaken properly to ensure that results are accurate. N.J.A.C. 5:17 contains requirements for dust wipe sampling. In addition, Appendix 13.1 of the HUD Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing provides the protocol for sample collection. This Appendix is available online at: https://www.hud.gov/sites/documents/LBPH-40.PDF. It is recommended that the lead evaluation contractor or permanent local agency also perform a visual inspection when undertaking a dust wipe sampling.

Many municipalities chose to do wipe sampling in addition to visual because it provides a higher level of confident that there is no health risk at the time of inspection.   Attorneys and insurance carriers might prefer it though, so the inspection is more thorough.  Although dust wipe sampling adds cost when not required and it might pick up lead contamination from some source other than paint.

The NJ Lead Safe law has created a lot of confusion for landlords.  Bottom line it pays for landlords to contract their own lead paint inspection for rental units.

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