N.J. Admin. Code § 5:17-2.2

Current through Register Vol. 56, No. 23, December 2, 2024

Section 5:17-2.2 - Conflict of interest

(a) No business firm shall be certified to offer lead evaluation or lead abatement services if any person who is a proprietor, general partner, officer, director, employee, or shareholder or limited partner in the firm is employed as an official or inspector by any agency, public or private, enforcing the State Uniform Construction Code Act or, except as otherwise provided in paragraph(a)2 below, is employed by any public health department or agency in the State of New Jersey.

1. This section shall not apply to the ownership of stock or other investment instrument in any corporation listed on any national stock exchange.

2. Any other provision of this subsection to the contrary notwithstanding, a business firm may be certified to offer lead evaluation services only, despite the fact that a person who is a proprietor, general partner, officer, director, employee, or shareholder or limited partner in the firm is employed by a public health department or agency in the State of New Jersey. In any such case, the business firm shall not engage in the business of lead evaluation within the area of jurisdiction of the public health department or agency by which any such person is employed and shall not have any relationship to any individual or business firm performing lead abatement services.

(b) There shall be no relationship between the individuals or business firms performing lead abatement services other than clearance testing at a job site and the individuals or business firms performing clearance testing at the same job site.

(c) Except as otherwise provided in (a)2 and (b) above, nothing contained in this section shall be deemed to prevent a business firm from offering both evaluation and abatement services, or from offering all abatement services, including clearance testing.

(d) For evaluation services rendered for the purpose of complying with the requirements of N.J.A.C. 5:10, of any other applicable maintenance code or of another State or local law, there shall be no personal, professional or economic relationship between the individual(s) or business firm performing the lead evaluation services and the property owner other than the contract to perform lead evaluation services.

N.J. Admin. Code § 5:17-2.2

Amended by R.2005 d.144, effective 5/16/2005.
See: 36 N.J.R. 2106(a), 37 N.J.R. 1754(c).
Added (d).
Amended by R.2008 d.287, effective 10/6/2008.
See: 40 N.J.R. 1421(a), 40 N.J.R. 5575(a).
Rewrote (b); and in (c), substituted "(a)2 and (b)" for "paragraph (a)2" and "or from offering all abatement services, including clearance testing" for "provided that the disclosure required in (b) above is made for any job where that firm performs both evaluation and abatement".