Lead-Based Paint Inspection Information

Lead-Based Paint Inspection Information

The Atlantic County Improvement Authority has partnered with LEW Environmental Services to perform a Lead-Based Paint Inspection. As many may know, New Jersey’s Lead-Safe Certification Law: Lead-Based Paint Inspections in Rental Dwelling Units: N.J.A.C. 5:28A went into effect on July 22, 2022. The first inspection must take place no later than July 22,2024 or the municipality will be subject to fine property owner/landlord.

All rental properties constructed prior to 1978 will need to be inspected for lead-based paint hazards in certain rental single-family, two-family and multi dwellings units.

We offer two lead-based paint inspections, Visual and Dust Wipe Sampling with an option to add-on XRF (X-Ray Fluorescence) inspection for additional fee. An XRF inspection will allow a dwelling unit to be certified lead-based paint free and become exempt from the regulation forever; a lead-free certificate will only be issued if no lead-based paint is found. As for the visual and dust wipe sampling inspections will be provide a lead-safe certificate valid for two years or upon tenant turnover.

Please complete the correct form for your property (Egg Harbor City and Ventnor City must be inspected by dust wipe sampling ONLY).

Egg Harbor City Inspection Request Form

Inspection Request Form - Updated 11.2023

Post Remediation Form - Updated 11.2023

Ventnor Inspection Request Form

Lead Based Paint Inspection FAQ

Q. What dwellings are required or exempted from this new law?
A. All rental dwelling units that were constructed prior to 1978 are required to 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. 
Exemptions:

  • Dwelling units constructed during, or after, 1978.
  • Single and two family seasonal rental dwelling units that are rented for less than six months duration each year by tenants that do not have consecutive lease renewals.
  • Dwelling units that have been certified to be free of lead-based paint pursuant to N.J.A.C. 5:17
  • Multiple rental dwelling units that have been registered with the Department for at least 10 years and have no outstanding lead violations from the most recent cyclical inspection performed on the multiple dwelling under the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A- 1 et seq.
  • Dwellings with a valid lead-safe certification issued pursuant to this chapter. Lead-safe certifications are valid for two years from the date of issuance.

Q. Which municipalities in Atlantic County are required a visual inspection or dust wipe inspection?
A. Visual inspections are required for all rental units in Atlantic County, every municipality excluding Egg Harbor City and Ventnor. Dust Wipe inspections are required for all rental units in Egg Harbor City and Ventnor built prior to 1978 and including any renovated properties.

Q. What happens during visual inspection?
A. 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 deteriorated paint conditions are noted and the house is built prior to 1978 then the presumption is that a lead hazard exists.

  • 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.
  • 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.
  • Exterior areas are not part of the inspection.

Q. What happens during a dust wipe inspection?
A. Dust wipe inspections are required in municipalities with increased incidences of elevated blood lead levels in young children. Our inspectors will take a moistened towelette and wipe surfaces throughout your rental. These samples will be sent to a lab for analysis. If the analyzed samples contain below the current hazard level then a Lead Safe certification will be issued.

Q. What happens during an XRF inspection?
A. During the XRF inspection, a certified professional will use a handheld XRF analyzer to test the paint for lead content. The XRF determines the presence of lead-based paint content. X-Ray Fluorescence (XRF) is a method of determining the elemental composition of materials. This allows our inspectors to measure the concentration of elemental lead in old paint without damaging or disturbing your rental unit walls or floors.

  • 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.
  • Exterior areas such as porches are not part of the inspection.
  • The inspection report will be sent to the property owner 10 days after the inspection is complete.

Q. If the home was built prior to 1978 and has been renovated. Does the home still need to be inspected?
A. Yes, if a home was built prior to 1978 and has been renovated, you are still required to perform the required inspection, Visual or Dust Wipe Sampling. We also recommend performing an XRF Lead inspection since the chances of being lead free are greater. Not guaranteed, but greater.

Q. How long does a Lead-Safe Certificate last? And How long is a Lead-Free Certificate good for?
A. A Lead-Safe certificate is valid for 2 years. You must perform the Visual or Dust Wipe inspections every three years. If you have a tenant turnover within 2 years of a valid Lead-Safe Certificate, you do not need to do an inspection. If you have a tenant turnover after the Lead-safe cert has expired, you have to do an inspection. Either way inspections need to be done every 3 years. A Lead-Free certificate is good forever.

Q. What is considered deteriorated paint?
A. 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.

  • Doorways: The door frame for any signs of cracking, peeling or bubbling paint. Pay special attention high friction areas of the door near the knob and other hardware.
  • Stairs: If your staircases are carpeted pay close attention to where the carpet meets the wall. if the banisters are painted, ensure they are free from any signs of deterioration.
  • Windows: Carefully inspect windowsills for any signs of cracking, peeling or bubbling paint. Pay special attention to the inside portion of the window frame for signs of paint deterioration.

Q. Are there any penalties for failure to comply with this Act?
A. If the dwelling owner has not cured the violation within 30 days, they shall be subject to a penalty not to exceed $1,000 per week until the required inspection has been conducted or remedation efforts have been initiated. If the municipality has not cured the violation within 30 days, they shall be subject to a penalty not to exceed $1,000 per week until the necessary action has been taken.

Contact Information:

Lead-Based Paint Inspection Coordinator
Kayla Rivera
609-343-2390
rivera_kayla@aclink.org