Lead Safe Inspection

Rental properties built prior to 1978 that are not certified Lead ‘Free’ will need to be certified Lead ‘Safe’ starting July 22, 2022 or the owner will risk a $1,000.00 per week penalty.

Lead-Safe Inspections

‘Lead Safe’ is a new standard, introduced under Bill NJ S1147, that certifies a property to be ‘safe’ from contamination by Lead particulates.  In New Jersey this Inspection can only be carried out by a State & EPA registered, qualified and licensed, Lead Safe Inspector/Contractor.

Bill NJ S1147 is effective as of July 22, 2022 and requires that that a ‘Lead Safe’ Inspection be carried out on residential rental properties upon tenant turnover, or within a 2 year period of the effective date of the bill, by July 22, 2024, whichever occurs 1st.

Should it determined that a Rental Property Owner has failed to comply with Bill NJ S1147, under provision P.L.2021, c.182 (C52:27D.16 et al.) by the municipality or permanent local agency, the property owner shall have 30 days to cure any violation by conducting the required inspection or initiate any required remediation efforts.  Should the violation not be cured within the 30 days, then the property owner shall be subject to a penalty not to exceed $1000.00 per Week, per Unit, until the required inspection has been conducted or remediation efforts have been initiated.

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The ‘Lead Safe’ Inspection applies to rental dwellings built prior to 1978 that have not been Certified ‘FREE‘ of Lead-based Paint.

There are 2 main exceptions:

  • NO outstanding lead violations from the most recent cyclical inspection, as per the “Hotels and Multiple Dwelling Law”.

  • Single or Two-family seasonal rental dwellings which are rented for less than 6 months duration each year by tenants that do not have consecutive lease renewals and dwellings that have a valid ‘Lead Safe’ certification as per the Bill.

All dwelling units that require Inspection, as per Bill NJ S1147, shall then be required to have a further ‘Lead Safe’ inspection every 3 years or upon tenant turnover, again based upon whichever is 1st. Exception for an inspection is made upon tenant turnover if a valid ‘Lead Safe’ certification is in place for the dwelling at the time of turnover. Lead ‘Safe’ certificates shall be valid for 2 years from issuance.

The Bill NJ S1147, was initially written to include ‘Lead Safe’ inspection upon residential sale transactions, this was heavily lobbied against and blocked from this Bill, although there is potential for this to be introduced at a later date.

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