nj rules
nj rules
THIS FILE INCLUDES ALL REGULATIONS ADOPTED AND PUBLISHED THROUGH THE ***
*** NEW JERSEY REGISTER, VOL. 42, NO. 11, JUNE 7, 2010 ***
TITLE 5. COMMUNITY AFFAIRS
CHAPTER 17. LEAD HAZARD EVALUATION AND ABATEMENT CODE
N.J.A.C. 5:17
This document is provided as a courtesy only; the official Administrative Rules
of the State of NJ are available through LexisNexis, the publisher licensed by
the NJ Office of Administrative Law, or through your local public library.
Page 5 of 44
? 5:17-2.1 Certification required
(a) Effective January 1, 1996, no individual, partnership, corporation or other business entity shall
engage in either the business of lead evaluation or the business of lead abatement, unless certified
by the Department in accordance with section 15 of P.L. 1993, c.288 (
N.J.S.A. 52:27D-428) and
these rules.
1. For lead abatement jobs performed on superstructures where public bidding procedures are
applicable, projects with an advertisement date that precedes September 24, 1997 may proceed
without a certified lead abatement contractor.
(b) Any individual, corporation, partnership or other business entity seeking certification in accordance
with these rules shall either be certified or shall employ individuals certified by the Department
of Health in accordance with section 3 of P.L. 1993, c.288 (N.J.S.A. 26:2Q-3) (see
N.J.A.C. 8:62
) and shall designate a person, certified as a lead abatement supervisor by the Department
of Health, at each job site to be responsible for ensuring compliance with the requirements
of P.L. 1993, c.288 and of these rules.
(c) Contractor certification shall not be required for the following individuals or activities:
1. An owner undertaking work on his or her own premises using his or her own employees,
provided that those employees are certified by the Department of Health;
2. A homeowner performing lead abatement work himself or herself on a dwelling unit that he
or she owns and occupies as a primary place of residence;
3. Any business firm engaging in painting, woodworking, structural renovation or other indoor or
outdoor contracting services that may result in the disturbance of paint, provided that the firm does
not hold itself out as certified by the Department or otherwise represent that it has specialized
competency to perform lead evaluation or abatement work; or
4. A person with proof that he or she has completed a State-approved or HUD-sponsored training
class to be a "clearance technician," when that person is taking a dust wipe sample in the work
area following renovation, remodeling, repair or maintenance work; provided, however, that the activities
that may be performed without evaluation contractor certification shall be limited to performing
dust wipe sampling in the work area and providing a report with the results of the dust wipe
analysis. A clearance technician is not qualified to perform evaluation, and is not qualified to perform
clearance after a lead abatement, unless the clearance technician is employed by a certified
evaluation contractor.
(d) A corporation, partnership or other business entity may be denied certification if any stockholder,
director, officer, partner or other person having an economic interest in the organization
shall have violated any of the provisions of these rules or been denied certification for cause. This
provision shall also apply to any business organization having a parent or subsidiary relationship to
any such business organization.
(e) Local health departments or other public agencies performing lead evaluations shall not be
required to