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Since your last 5 year NJAC 5:10 inspection, The State of New Jersey has enacted a New Lead Based Paint Law which became effective and enforceable on May 16, 2005. During this upcoming five year inspection, the NJ DCA BHI most likely will expect to see compliance with all the requirements of this law since the date of enactment. To assure compliance and avoid unnecessary violations, fines, or costs, it is extremely important that you and your staff are aware of your responsibilities and take the appropriate actions PRIOR to the Bureau of Housing Inspections arrival!!

A brief description of some of the laws, more significant requirements are listed in the table below, however for a more detailed summary of the laws requirements please feel free to call LEW Corporation at 800-783-0567.

þ $20.00/unit administrative fee

þ Presume Lead-Based Paint is everywhere if pre-1978 property (Unless certified otherwise!!!)

þ Mandatory Lead Safe Work Practices training for all staff and contractors who may disturb a painted surface.

þ Post notices advising tenants to report deteriorated paint and if no central location, notices must be provided to each tenant.

þ After paint disturbance dust wipe sampling clearance requirements

þ Resident Relocation requirements

þ Must distribute pamphlet to residents entitled, "Information for Tenants on Regulations for Lead-Safe Maintenance" prior to any paint disturbance

þ Owners must respond to resident complaints within 30 days, unless a child or pregnant woman resides within the unit, in which the owner has one week to respond.

þ Standard Treatments must be performed at unit turnover and every 12 months if pregnant woman or child resides in unit

þ Must maintain all records of visual inspections, standard treatments, staff training, dust wipe clearances and resident notification for a period of not less than 5 years

þ Must eliminate all deteriorated paint conditions, inclusive of all signs of friction or impact

þ AND MORE, See text of regulations for complete requirements! 800-783-0567 for a copy

Per the law, all pre-1978 multi-family dwelling owners must now presume that all painted surfaces are covered with lead-based paint and must comply, UNLESS; the property can document that it meets one of the regulations listed exemptions prior to your 5 year inspection or the property has been certified as lead-based paint free by a State Certified Lead-Evaluation firm.

It should also be understood that the Housing Inspectors will now have the regulatory authority to order by means of a violation a property owner to perform a complete lead-based paint inspection and risk assessment, if any deteriorated paint conditions are noted, as well as issue other violations and fines, starting at a minimum of $500.00/day for failure to comply and potentially place a lien on the property. Therefore, not knowing paint history is no longer a recommended option.

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