N.J. Admin. Code § 8:51-7.1

Current through Register Vol. 56, No. 11, June 3, 2024

Section 8:51-7.1 - Responsibility for abatement and/or interim controls of lead hazards and ongoing maintenance

(a) The owner, or the owner's agent, if the owner cannot be contacted, of a property found to have lead hazards in violation of this chapter shall be responsible for performing, or arranging for, abatement and/or interim controls of the lead hazards, and the expenses associated therewith, including removal of the hazards, disposal of waste products, protection or relocation of dwelling occupants, if required, and ongoing maintenance of any remaining lead-based paint.

1. In cases where a lead hazard condition poses an immediate risk of continuing exposure for children, the property owner shall relocate occupants immediately upon receipt of the determination made by the local board of health to comparable lead safe housing until the completion of abatement and/or interim controls work.

i. In cases where a lead hazard condition poses an immediate risk of continuing exposure for children, and the housing unit is a rental, the requirements set forth at 52:27D-437.8 for relocation determination and assistance shall apply.

2. If the property owner fails to perform any of these responsibilities, the local board of health shall perform, or arrange for the performance of, the required activities, and shall bill the property owner for the expenses incurred.

3. The property owner shall comply with the following owner's responsibilities and respective compliance criteria:

OWNER'S RESPONSIBILITY	COMPLIANCE CRITERIA
Submission of scope of work to the	Within 30 days from the date of
local board of health	notice of violation identifying the
lead hazards
Secure financial resources	Within 45 days from the date of
notice of violation identifying the
lead hazards
Perform clearance testing	From an independent certified risk
assessor no sooner than one hour after
the final cleaning is completed
pursuant to 5:17-9.1(a), and
within 30 calendar days from the final
cleaning pursuant to N.J.A.C.
8:51-8.2(a).

(b) The owner of the property is not responsible for the abatement and/or interim controls of nonpaint lead hazards that are not normally under the control of the owner, such as hazards created by the personal effects or practices of tenants of the property.

(c) The property owner is responsible for the abatement and/or interim controls of nonpaint hazards that are under his or her control, including, but not limited to, lead solder in plumbing.

N.J. Admin. Code § 8:51-7.1

Amended by 49 N.J.R. 3168(a), effective 9/18/2017