Exemptions

Lead Safe Certification Exemptions

New Jersey’s Lead Safe Certification law carves out exemptions for certain property types and situations. If your property is exempt, then you do not need to have a lead inspection done under the new law.

There are currently five ways to have your property exempt under the law. However, we encourage property owners to call our office if they believe they are exempt for reasons not listed below.

1. The property was constructed after 1978

In 1978, the federal government banned consumer uses of lead-based paint. So, homes constructed after 1978 are presumed to be lead free under the law and therefore, these properties are exempt.

2. The property has been certified to be free of lead-based paint

The only way to obtain a lead-free certificate is to have your paint tested for lead content through XRF testing or paint chip analysis. The regulation also states that tests must be done by a certified lead evaluation firm.

3. The rental unit is in a multiple unit dwelling that has been registered with the DCA as a multiple dwelling for at least 10 years with no outstanding lead violations from the most recent cyclical inspection

The new law exempts 3+ unit buildings that have been registered with the DCA for 10 years by the current or previous owners AND there are no outstanding lead violations from the most recent DCA inspection.

4. Seasonal rental dwellings rented for less than 6 months duration each year by tenants that do not have consecutive lease renewals; seasonal shore rentals fit this definition as long as the lease is shorter than 6 months per rental

Seasonal rental dwellings rented for less than 6 months duration each year by tenants that do not have consecutive lease renewals; seasonal shore rentals fit this definition as long as the lease is shorter than 6 months per rental.

5. The unit is owner occupied

If the property owners’ primary residence is the rental unit, then they are exempt from lead safe certification.

LEW Environmental is making it easy, fast and FREE for property owners to see if their unit is exempt. Contact our office today if you believe your property is exempt under the law so our experts can walk you through the process.