N.J. Admin. Code § 5:17-3.6

Current through Register Vol. 56, No. 8, April 15, 2024

Section 5:17-3.6 - Reports and certificates

(a) Report: At the completion of all testing and evaluation, pursuant to this subchapter, an inspector/risk assessor shall provide the owner with a complete report of all testing performed and all results.

1. The report shall include:

i. The date(s) of inspection;

ii. The address of the building(s) and unit numbers (if applicable);

iii. The date of construction of the building(s);

iv. The name, address and telephone number of the owner;

v. The name and signature of each inspector/risk assessor conducting testing (including the New Jersey Department of Health certification number);

vi. The name and signature of each clearance technician collecting samples;

vii. The name, address and telephone number of the firm employing the inspector/risk assessor(s) and clearance technician(s);

viii. The name and address of each laboratory conducting analysis of collected samples;

ix. Each testing device and/or sampling procedure employed and the serial number of any XRF device used;

x. The precise locations of all components and surfaces on components tested or sampled;

xi. All data collected using onsite testing devices; and

xii. The results of all tests performed.

2. A copy of this report shall be made available to the Department upon request.

(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.

(d) Recommendations: If providing recommendations was part of the contract between the inspector/risk assessor and the owner or if the provision of a plan for lead hazard control work is required pursuant to N.J.A.C. 5:10-6.6, 5:15-4.2, 5:27-4.10, 5:28-2.1 or any other applicable maintenance code, the inspector/risk assessor, based on the results, shall outline for the owner options for lead hazard control work to address any lead hazards or potential lead hazards found.

N.J. Admin. Code § 5:17-3.6

New Rule, R.2005 d.144, effective 5/16/2005.
See: 36 N.J.R. 2106(a), 37 N.J.R. 1754(c).
Amended by R.2006 d.177, effective 5/15/2006.
See: 37 N.J.R. 1698(a), 37 N.J.R. 1931(a), 38 N.J.R. 2115(b).
Added the last sentence in the introductory paragraphs of (b) and (c).

Administrative Change, 53 N.J.R. 2138(b), effective 11/23/2021

Administrative Change, 55 N.J.R. 527(b), effective 2/23/2023