(BCHD22-355) Burlington County Health Department Info – Rental Dwelling Information
Monday, July 25, 2022
The Burlington County Health Department would like to share some important information with municipalities regarding P.L. 2021, c. 182, Lead Based Paint Inspections in Rental Dwelling Units, found here: (https://www.nj.gov/dca/divisions/codes/resources/leadpaint.html).
Under these requirements, municipalities are obligated to perform or hire a certified lead evaluation contractor to perform inspections of certain single-family, two-family, and multiple rental dwellings for lead-based paint hazards every three years or upon tenant turnover where there is no valid lead-safe certification. This can be accomplished in any of three ways: 1) employment of a certified lead inspector/risk assessor; 2) contracting with a certified lead inspector/risk assessor or; 3) permitting dwelling owners/landlords to directly hire a certified lead evaluation contractor for this purpose.
To see if your town requires visual or dust wipe inspections visit: https://www.nj.gov/dca/divisions/codes/resources/pdfs/doh_lead_data_insp.pdf
Here are some highlights of the requirement:
Which Dwellings Must be Inspected?
All single-family, two-family, and multiple rental dwellings must be inspected. For exemptions, please visit the website noted above.
What is the Inspection Procedure?
For dwellings located in a municipality in which less than three percent of children tested, six years of age or younger, have a blood lead level greater than or equal to five micrograms per deciliter, the inspection may be carried out through visual inspection. See
For dwellings located in a municipality in which at least three percent of children tested, six years of age or younger, have a blood lead level greater than or equal to five micrograms per deciliter, the inspection must be carried out through dust wipe sampling.
All rental dwelling units required to be inspected must be inspected for lead-based paint within two years of the effective date of the law, July 22, 2022, or upon tenant turnover, whichever is earlier. This means that the first inspection must take place no later than July 22, 2024.
For timing of additional inspections, please refer to the website.
Are There Penalties for Failure to Comply with the Act?
Municipalities are authorized to conduct investigations and issue penalties to enforce a property owner’s failure to comply with the requirements of P.L.2021, c.182. If a municipality determines that a property owner has failed to comply with the requirements of this law, the property owner must be given 30 days to cure any violation by ordering the necessary inspection or by initiating remediation.
If the dwelling owner has not cured the violation within 30 days, the owner shall be subject to a penalty not to exceed $1,000 per week until the required inspection has been conducted or remediation efforts have been initiated.
For additional information and answers to Frequently Asked Questions, please refer to the Department of Community Affairs website page at https://www.nj.gov/dca/divisions/codes/resources/leadpaint.html