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NJ Lead Safe Law Inspection Schedule

Jan 20, 2025 11:45:00 AM / by David C Sulock posted in lead paint, lead visual inspection, lead risk assessment, NJ Lead Safe Law, lead paint wipe sample, NJ Lead Safe cert, lead paint testing, lead free designation, Lead Free Cert

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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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NJ Lead Safe Law Changes September 2024

Oct 1, 2024 10:45:00 AM / by David C Sulock posted in Lead paint inspections, NJ Lead safe, NJ Lead Law, NJ Lead Safe Law, Lead wipe sample, NJ Lead Safe cert, Lead Free Certification

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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

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What Happens if a Lead Dust Wipe Sample Fails?

Oct 10, 2023 1:35:00 PM / by David C Sulock posted in lead paint, Lead paint inspections, NJ Lead Safe Law, Lead wipe sample, lead paint wipe sample

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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

  lead dust wipe sample

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. 

 

lead paint wipe sample

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.   

Call the Lead Experts

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Does NJ Lead Law require wipe samples for non dust wipe sample towns?

Jul 10, 2023 10:54:36 AM / by David C Sulock posted in Lead, Lead paint inspections, NJ Lead safe, NJ Lead Law, NJ Lead Safe Law

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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.

 

Call the Lead Experts

 

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