FREQUENTLY ASKED QUESTIONS (FAQ)
Where did the New Jersey Lead Law come from?
The NJ Lead Law, formally known as S1147, was signed by Governor Murphy on July 22nd, 2021. It passed with the intent of preventing childhood lead poisoning due to deteriorating paint in rental homes in the state of NJ.
What is a “Visual Inspection”
A visual examination is conducted to identify any deteriorated paint or visible surface dust, debris, or residue that may pose a hazard to occupants.
What does "lead safe" mean?
A certification that a property is lead safe means that a certified lead dust sampling technician or a licensed lead inspector-risk assessor has: 1) determined the property is free of deteriorated, flaking, chipping, peeling, chalking or not-intact paint, and 2) (only required in certain municipalities) interior dust samples were collected, tested, and found not to contain hazardous levels of lead-contaminated dust.
What does "lead free" mean?
A certification that a property is lead free means that a technician used a XRF device to measure the levels of lead in all walls, floors, common areas (living room, dining room, kitchen, bathroom, etc.) and determined that all surfaces were free of lead. This test is used primarily in newer or completely (basement to roof) renovated properties. It requires comprehensive level of certification that also includes any public areas (hallways, laundry rooms, stairwells, basements, etc).
Under the New Jersey lead law, when do I need to get my property lead certified?
New Jersey has implemented a requirement that rental units be certified at tenant turnover starting July 22, 2022. In addition, ALL rental units will be required to be tested regardless of turnover by July 21, 2024.
Does the law apply to ALL rental properties?
The new law now applies to rental units that are not exempted by the following conditions:
Dwellings built after 1978
Dwellings previously certified as Lead Free
Seasonal rentals
Registered multiple unit dwellings (triplexes and greater) with no outstanding lead violations
When do I need to get my property inspected?
It’s required to get your property inspected
At tenant turnover
OR
Every 3 years from the previous inspection
Whichever comes first.
When you pass your inspection you will be issued a lead safe certificate that is valid for 2 years. If you have a valid certificate at the time of tenant turnover you will not be required to reinspect at that time. (Although sometimes we recommend inspecting anyway because many clients find it easier to prepare a unit for inspection while it is still vacant).
This is best explained using the 3 scenarios below.
Scenario 1
Tenant turnover within 2 years of previous inspection
Not required to reinspect because you will have a valid lead safe certificate
Scenario 2
Tenant turnover between 2 and 3 years of previous inspection
Required to inspect
Scenario 3
3 years since previous inspection
Required to inspect
How does the lead process work?
The following steps are taken:
VISUAL INSPECTION
A certified lead dust sampling technician will visually check the condition of the paint inside the residence to determine the property is free of deteriorated, flaking, chipping, peeling, chalking or paint that is not intact.COLLECTION OF SAMPLES (If in a municipality where it is required)
The technician will take dust wipe samples from every bedroom (1 window sill and floor) and one living area (living room, dining room, etc.)RESULT ANALYSIS
The samples are analyzed by an EPA certified testing facility to determine whether the sample contains hazardous levels of lead-contaminated dust.LEAD CERTIFICATE/REPORT ISSUED
Client receives results from inspection. Results are available within 10 days, but may be expedited upon request.
Do tenants know about this law?
Yes. The law is being communicated through a comprehensive advertising campaign throughout the State of New Jersey.
Do I need a new certificate when I renew their lease?
An inspection will not be required as a result of a lease renewal. Inspections are only required at the time of turnover or if it has been 3 years since previous inspection.
Why do “Lead Safe” versus “Lead Free”?
Although “Lead Free” certifications will give you a lead certificate for the life of the building the “Lead Free” certification process is a much more rigorous and tests every part of the house (Lead Safe only tests a windowsill and floor). Most properties in New Jersey are unlikely to pass a “Lead Free” test.
As a result, unless your property was completely renovated (all new floors, walls, cement, etc.) paying for a “Lead Free” test may result in your property failing the test..
How can I learn more about lead?
See EPA link: Learn about Lead | US EPA
Are there steps the landlord/property manager should take before the appointment?
Please ensure that you repair ALL visible cracked, peeling, flaking, chalked, or deteriorated paint. Ensure that all windowsills are smooth or have recently been primed and painted as our goal is to have you pass the inspection.
In addition, the technician will take dust samples from the windowsills and floors (in each bedroom and one living area). Please ask your tenant to remove any debris in those areas and wipe down all windowsills and the floors below before testing.
Are you EPA certified?
Yes, Lead Testing Services LLC is EPA certified.
Are you Certified by the Department of Community Affairs?
Yes, Lead Testing Services, LLC is certified by the New Jersey Department of Community Affairs
Are you certified by the New Jersey Department of Health?
Yes, Lead Testing Services, LLC is certified by the New Jersey Department of Health