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:
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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