Rutherford

New Jersey Lead Safe Certification

The Borough of Rutherford has partnered with LEW Environmental to provide a comprehensive solution to ensure compliance with the new NJ law. If you received a postcard then borough records indicate one of your rental properties is impacted by this new law.

N.J.A.C. 5:28A Lead-Based Paint Inspections in Rental Dwelling Units

New Jersey’s Lead Safe Certification Act was signed by Governor Murphy on July 22nd, 2021. The new law intends to prevent childhood lead poisoning due to deteriorated paint in rental homes by requiring periodic inspections for lead hazards. 

Rental properties located in the Borough of Rutherford, built before 1978 are required to have a visual inspection to assess for lead hazards.

Why Did I Receive a Notice?

New Jersey property tax records indicate your property might be used as a rental. If your home is not a rental, simply complete the “Not a Rental Unit” form below and you will be removed from the town’s rental records.

Why Is New Jersey Requiring Lead Safe Inspections?

New Jersey has required lead-based paint inspections for multi-unit and larger rental buildings for many years. The law was updated in 2022 to require lead-based paint inspections for one- and two-unit rentals. The law is aimed to help prevent childhood lead poisoning. In addition to new inspection requirements, the CDC has also updated their testing guidelines to include blood level tests at age 1 and again at age 2. In addition to increased testing, in 2021 the CDC lowered the threshold for elevated blood lead levels meaning that the tests will pick up lower levels of lead.

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. Learn more about exemptions by clicking here.

What is The Cost of Inspection?

The cost for inspection is $250.00 per unit plus an additional fee of $20 per unit which goes to the Lead Hazard Control Assistance Act Fund under the administration of the New Jersey State Department of Community Affairs.

When you schedule with LEW Environmental, all paperwork, including Lead-Safe Certificates and any Municipal and New Jersey state fees are remitted to the township of your behalf. Other lead inspection firms will not remit documents and state fees on your behalf and the fees will need to be paid separately. Discounts are available for property owners with multiple units. Call our office for additional details.

Property owners who fail to comply with the new inspection requirements may be subject to a penalty of up to $1,000 per week.

What Is a Visual Inspection?

Visual inspections for lead based paint hazards simply means that our certified inspectors will come to your property and visually assess for signs of paint chipping and deterioration. If no deteriorated conditions are found, then a Lead Safe certification will be issued. Lead Safe certificates are good for 3 years.

If deteriorated paint conditions are present and the house is built pre-1978 then the presumption is that a lead hazard exists, and remediation may be required.

Preparing For Your Lead Inspection

Visual inspections for lead based paint hazards simply means that our certified inspectors will come to your property and look for signs of paint chipping and deterioration.

Per HUD guidelines, anything greater than a hairline crack or larger than a nail hole is considered deteriorated paint and will result in a lead safe certification NOT being issued.

If deteriorated paint conditions are noted and the house is built pre-1978 then the presumption is that a lead hazard exists. If no deteriorated conditions are found, then a Lead Safe certification will be issued.

Lead Safe certificates are good for 3 years.

Our inspectors will need access to the interior of the rental unit. This includes any area of the home that the tenant can access such as hallways, basements and shared laundry rooms. If the inspector cannot access ALL areas that a tenant can access, such as utility closets, laundry rooms, etc then the inspection will not be completed.

• Exterior areas such as porches are not part of the inspection.

• The inspector will look for paint chips or dust from painting activities that were not cleaned up and paint residue on floors.

• Visible paint chips, dust and paint residue on floor will result in a failing grade for the visual inspection.

• Any deterioration greater in size than a nail hole or larger than hairline crack will result in failing the visual inspection.

• The inspection report will be sent to the property owner 10 days after the inspection is complete. Reports can be expedited for an additional fee.