reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 15 - EMERGENCY SHELTERS FOR THE HOMELESS › Subchapter 4 - FACILITY REQUIREMENTS › Section 5:15-4.14 - Food and dietary requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The licensee of
				Class III emergency shelters shall provide residents three well balanced and
				nutritious meals a day. The meals may be provided on-site or off-site, either
				directly or through contractual arrangement or through the provision of food that
				the residents prepare themselves.
(b) No
				more than 15 hours shall elapse between meals.
(c) In Class III emergency shelters, the licensee
				shall provide refrigeration and cooking equipment capable of being used for the
				storage and preparation of infant formula, baby food, milk and juices.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 15 - EMERGENCY SHELTERS FOR THE HOMELESS › Subchapter 4 - FACILITY REQUIREMENTS › Section 5:15-4.15 - Personnel

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The licensee shall
				provide staff sufficient in number and qualified by training and experience to
				render those services mandated by these rules.
(b) A current, written staffing schedule shall be
				maintained on site.
(c) The licensee
				shall maintain personnel records which are current, contain sufficient information
				to support placement in any position required by these rules and record all wages,
				benefits, reimbursements, bonuses, gifts, or payments given any employee or
				resident.
(d) Any person working in the
				food service area shall have a tuberculosis skin test or a chest x-ray at the time
				he or she begins work and at least every 24 months thereafter. A person having a
				positive skin test shall be required to have a chest x-ray.
(e) No individual who is suffering from a degree
				of mental illness or habituation or addiction to alcohol or other drugs such that
				the individual causes, or is likely to cause, danger to himself or others or is
				unable to perform his or her assigned duties, shall be employed or permitted to work
				as either an employee or volunteer.
(f)
				No individual shall be permitted to work, either as an employee or volunteer, if
				infected with a communicable disease that might endanger the health of residents.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 15 - EMERGENCY SHELTERS FOR THE HOMELESS › Subchapter 4 - FACILITY REQUIREMENTS › Section 5:15-4.16 - Staff qualifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each staff member
				shall be capable of associating with, and providing services and supervision to, the
				population served by the facility.
(b) A
				sufficient number of staff who have contact with residents shall be able to
				communicate in the language of most of the residents, understand and carry out
				directions and instructions, record messages and keep records.
(c) No person under 18 years of age shall be:
1. Charged with direct responsibility for the
				supervision of residents; or
2.
				Permitted to work in an on-site supervision position.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 15 - EMERGENCY SHELTERS FOR THE HOMELESS › Subchapter 4 - FACILITY REQUIREMENTS › Section 5:15-4.17 - Records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Licensees shall
				maintain records that accurately reflect the number of persons and their names:
1. Residing in the shelter;
2. Who sought admission and were not admitted to
				the shelter; and
3. Who were discharged
				from the shelter.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 17 - LEAD HAZARD EVALUATION AND ABATEMENT CODE › Subchapter 1 - GENERAL PROVISIONS › Section 5:17-1.1 - Title; scope; intent

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter,
				adopted pursuant to P.L. 1993, c.288, Lead-Based Paint Hazard Abatement and
				Lead-Based Paint Abatement Contractor Certification Act, shall be known and shall be
				cited throughout the rules as "N.J.A.C. 5:17" and, when referred to in this part of
				the rules, may be cited as "this chapter."
(b) Unless otherwise specifically provided, all
				references to article or section numbers or to provisions not specifically
				identified by number, shall be construed to refer to such article, section, or
				provision of this chapter.
(c) This
				chapter controls the abatement of lead-based paint hazards and the certification of
				lead-based paint hazard evaluation or abatement contractors.
(d) This chapter seeks to provide and ensure
				public safety, health, and welfare insofar as they are affected by the
				identification and abatement of lead-based paint hazards. It is not intended to, nor
				shall it be construed to, conflict with or limit the applicability of the lead
				exposure in construction standards promulgated by the Occupational Safety and Health
				Administration (OSHA),
				29 C.F.R.
				1926.62.
(e) The removal, repair, encapsulation, or
				enclosure of the lead-based paint or lead-contaminated soil shall require a
				construction permit issued pursuant to the State Uniform Construction Code Act
				(52:27D-119 et seq.). Any encapsulation
				or enclosure materials or methods shall conform to the construction requirements of
				the Uniform Construction Code (UCC) except that there shall be no requirement to
				increase the size of door or window openings.
(f) The Departments of Health and Labor, pursuant
				to P.L. 1993, c.288, and agreements between the Departments, shall share information
				about certifications and abatements pursuant to this Chapter.
1. In instances in which a child with an elevated
				blood lead level is identified pursuant to Chapter XIII of the State Sanitary Code
				(N.J.A.C. 8:51), that code shall control inspection, risk assessment and abatement
				of premises identified as contributing to the elevated blood lead level.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 17 - LEAD HAZARD EVALUATION AND ABATEMENT CODE › Subchapter 1 - GENERAL PROVISIONS › Section 5:17-1.3 - Resource materials

Current through Register Vol. 56, No. 14, July 15, 2024
Additional information on evaluating and abating lead hazards may
				  be obtained from the following sources: American Society for Testing Materials, 1916
				  Race Street, Philadelphia, Pennsylvania 19103; The National Center for Lead-Safe
				  Housing, 10227 Wincopin Circle, Suite 205, Columbia, Maryland 21044, (410) 992-0712;
				  The National Institute of Building Sciences, 1201 L Street, NW, Suite 400,
				  Washington, DC 20005-4024, (202) 289-7800; and the Steel Structures Painting
				  Council, The Crane Building, 40 24th Street, 6th Floor, Pittsburgh, Pennsylvania
				  15222.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 17 - LEAD HAZARD EVALUATION AND ABATEMENT CODE › Subchapter 2 - CONTRACTOR CERTIFICATION › Section 5:17-2.1 - Certification required

Current through Register Vol. 56, No. 14, July 15, 2024
(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
				(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.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 17 - LEAD HAZARD EVALUATION AND ABATEMENT CODE › Subchapter 2 - CONTRACTOR CERTIFICATION › Section 5:17-2.2 - Conflict of interest

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No business firm
				shall be certified to offer lead evaluation or lead abatement services if any person
				who is a proprietor, general partner, officer, director, employee, or shareholder or
				limited partner in the firm is employed as an official or inspector by any agency,
				public or private, enforcing the State Uniform Construction Code Act or, except as
				otherwise provided in paragraph(a)2 below, is employed by any public health
				department or agency in the State of New Jersey.
1.
				This section shall not apply to the ownership of stock or other investment
				instrument in any corporation listed on any national stock exchange.
2. Any other provision of this subsection to the
				contrary notwithstanding, a business firm may be certified to offer lead evaluation
				services only, despite the fact that a person who is a proprietor, general partner,
				officer, director, employee, or shareholder or limited partner in the firm is
				employed by a public health department or agency in the State of New Jersey. In any
				such case, the business firm shall not engage in the business of lead evaluation
				within the area of jurisdiction of the public health department or agency by which
				any such person is employed and shall not have any relationship to any individual or
				business firm performing lead abatement services.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 17 - LEAD HAZARD EVALUATION AND ABATEMENT CODE › Subchapter 2 - CONTRACTOR CERTIFICATION › Section 5:17-2.3 - Application for certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every application
				for certification as either a lead evaluation contractor or a lead abatement
				contractor, or both, shall be made on the appropriate form prescribed by the
				Commissioner and shall be accompanied by a nonreturnable fee of $ 2,518. In the case
				of firms seeking certification to perform both evaluation and abatement work, two
				fees shall be paid.
1. Business firms applying to
				perform abatement on both buildings and superstructures may submit one application
				for both. Certified business firms wishing to add steel structures to their
				certification may do so by submitting such documentation as may be required by the
				Department, including a listing of the New Jersey Department of Health certified
				workers and supervisors in the superstructures disciplines, information concerning
				their training and refresher training, their ability to use different types of
				equipment, experience of the firm and of its workers and supervisors in the field of
				lead abatement, and information concerning any activities that might create a
				conflict of interest, as defined at
				N.J.A.C.
				5:17-2.2. No separate application or application
				fee shall be required to add superstructures to a contractor's certification for
				lead evaluation or abatement.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 17 - LEAD HAZARD EVALUATION AND ABATEMENT CODE › Subchapter 2 - CONTRACTOR CERTIFICATION › Section 5:17-2.4 - Issuance of certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of a
				completed application, the Department shall either issue the certification or deny
				it in accordance with these rules within 30 days.
(b) The certification shall remain valid, unless
				suspended or revoked in accordance with these rules, for a two year period ending
				with the expiration date indicated thereon. If the business is transferred to
				another legal entity, the contractor certification issued by the Department shall
				not be transferable.
1. The Department shall be
				notified in writing when any employee who is certified by the Department of Health
				and is designated as having responsibility for ensuring compliance with P.L. 1993,
				c.288 ceases to be associated with the business organization. In any such case, the
				certification shall expire and become invalid unless another person certified by the
				Department of Health is substituted and the Department of Community Affairs is so
				notified in writing within 10 days of the change.
2. Any other change in the information submitted
				to the Department with the application for certification shall be reported to the
				Department in writing within 30 days of the change.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 17 - LEAD HAZARD EVALUATION AND ABATEMENT CODE › Subchapter 2 - CONTRACTOR CERTIFICATION › Section 5:17-2.5 - Denial, suspension, imposition of conditions upon or revocation of certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A certification may
				be denied, suspended, limited or revoked, depending on the nature and severity of
				the offense, if the certification holder or applicant, or an officer, partner,
				director, shareholder or employee of the certification holder or applicant, has at
				any time:
1. Willfully made a misstatement or
				omission of material fact in an application for certification or renewal of
				certification, or in providing other information required by the Department or by a
				local enforcing agency enforcing the State Uniform Construction Code;
2. Misrepresented qualifications for
				certification, or fraudulently obtained certification;
3. Willfully committed fraud in the business of
				lead evaluation or lead abatement or in any other business involving work subject to
				the Uniform Construction Code, N.J.A.C. 5:23;
4. Engaged in practices during lead abatement work
				contrary to safe procedures established therefor, or otherwise practiced lead
				evaluation or lead abatement in a grossly negligent manner;
5. Engaged in the business of lead evaluation
				and/or lead abatement without having certification from the Department to do so, or
				employed persons to perform lead evaluation or lead abatement work who were not then
				certified pursuant to section 3 of P.L. 1993, c.288 (26:2Q-3
				) to perform such work;
6. Failed to
				comply with applicable permit and/or certificate requirements, or otherwise
				violated, or abetted another to violate, or hindered or delayed the Department in
				the enforcement of, the State Uniform Construction Code Act, as supplemented by
				sections 14 through 24 of P.L. 1993, c.288, including these rules adopted pursuant
				thereto; or
7. Refused to make a
				certification available when directed to do so by the Department, or otherwise
				violated, or abetted another to violate, any order of the Commissioner issued
				pursuant to the State Uniform Construction Code Act, as supplemented by sections 14
				through 24 of P.L. 1993, c.288.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 17 - LEAD HAZARD EVALUATION AND ABATEMENT CODE › Subchapter 2 - CONTRACTOR CERTIFICATION › Section 5:17-2.6 - Civil penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall,
				either knowingly or purposely:
1. Obstruct,
				hinder, delay or interfere by force or otherwise with the Department in the exercise
				of any power or the discharge of any function or duty pursuant to the provisions of
				sections 14 through 24 of P.L. 1993, c.288;
2. Prepare, utter or render any false statement,
				report, document, plan or specification permitted or required pursuant to sections
				14 through 24 of P.L. 1993, c.288; or
3.
				Refuse or fail to comply with a ruling, action, order or notice of the Commissioner
				pursuant to sections 14 through 24 of P.L. 1993, c.288.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 17 - LEAD HAZARD EVALUATION AND ABATEMENT CODE › Subchapter 3 - EVALUATION AND TESTING › Section 5:17-3.1 - Contract documents-testing and evaluation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to testing and
				evaluation, an inspector/risk assessor shall enter into a contract with the owner or
				client which explains:
1. The extent of the
				testing and evaluation, including, but not limited to, the method and number of
				samples to be taken;
2. Any special
				responsibilities or precautions which owners or occupants need to be aware of during
				testing;
3. The estimated duration and
				cost of the testing and evaluation;
4.
				Whether the services to be provided include testing for the presence of lead-based
				paint only or risk assessment. If the services to be provided include risk
				assessment, the contract shall specify the extent of any recommendations to be made
				at the completion of the testing/evaluation, including whether additional testing
				may be recommended. It shall be made clear to the owner whether additional testing
				is required by Federal or State law.
5.
				If composite samples are to be taken, a statement that composite samples will be
				used and a brief explanation of this sampling method.
6. For multiple dwellings, a statement as to
				whether the sampling plan will employ random or worst-case sampling and an
				explanation of the methodology to be used.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 17 - LEAD HAZARD EVALUATION AND ABATEMENT CODE › Subchapter 3 - EVALUATION AND TESTING › Section 5:17-3.2 - Testing and evaluation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All testing and
				evaluation services shall be performed in accordance with the three standards listed
				below, as appropriate. In addition, for post-abatement clearance testing,
				5:17-9.1 shall be followed.
1. Chapters 5, 7 and 15 of the HUD
				Guidelines;
2. The guidelines of the
				Steel Structures Painting Council referenced in
				5:17-1.3; and
3. Rules adopted by the U.S. Environmental
				Protection Agency at 40 C.F.R. 745.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 17 - LEAD HAZARD EVALUATION AND ABATEMENT CODE › Subchapter 3 - EVALUATION AND TESTING › Section 5:17-3.3 - Certification to perform evaluation services; standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All evaluation
				and testing for lead based paint hazards shall be conducted by inspector/risk
				assessors trained as per N.J.A.C. 8:62 and certified pursuant to these regulations.
1. For lead hazard abatement performed in response
				to an evaluation done in connection with a lease or transfer of real estate subject
				to the Federal Requirements for Disclosure of Known Lead Based Paint and/or Lead
				Based Paint Hazards in Housing (24 C.F.R. Part 38 and 40 C.F.R. Part 745), the
				clearance testing shall be performed by the same contractor that performed the
				initial evaluation or by another evaluation contractor of the buyer's
				choice.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 17 - LEAD HAZARD EVALUATION AND ABATEMENT CODE › Subchapter 3 - EVALUATION AND TESTING › Section 5:17-3.4 - Additional testing requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) XRF testing shall be
				performed in compliance with the HUD Guidelines and with N.J.A.C. 7:28-4 using
				accepted manufacturers' recommended calibration techniques and substrate
				corrections.
(b) Dust wipe sampling
				shall be done as per the HUD Guidelines and any requirements imposed by the
				certified laboratory that will analyze the samples.
(c) Anodic stripping voltammetry (ASV) may be used
				to test surfaces in accordance with manufacturer's recommendations, ASTM standard
				E2051-01, and any applicable Federal protocols that may be developed.
(d) Carpet shall be tested by dust wipe, by vacuum
				sampling in accordance with the U.S. Environmental Protection Agency report
				"Residential Sampling for Lead: Protocols for Dust and Soil Sampling," March 29,
				1995, incorporated herein by reference. The report may be ordered through the US EPA
				website
http://www.epa.gov/opptintr/lead/leadtpbf.htm
.
(e) An inspector/risk assessor or an owner or
				occupant may use chemical spot tests for initial pre-tests; however, chemical spot
				tests shall not form the basis of any screening, testing or evaluation or abatement
				activity performed under this chapter.
(f) Any other test methods may be used if
				documentation is first submitted to the Department, and the Department, based on
				test data or acceptance by a Federal authority, approves the method for
				use.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 17 - LEAD HAZARD EVALUATION AND ABATEMENT CODE › Subchapter 3 - EVALUATION AND TESTING › Section 5:17-3.5 - Lead hazards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following lead
				dust levels resulting from a lead screening shall indicate that a full evaluation
				shall be recommended in the report produced by the inspector/risk assessor:
1. Floor wipes in excess of 10 µg/square
				foot; or
2. Window sill wipes in excess
				of 100 µg/square foot.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 17 - LEAD HAZARD EVALUATION AND ABATEMENT CODE › Subchapter 3 - EVALUATION AND TESTING › Section 5:17-3.6 - Reports and certificates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Report: At the completion of all testing and
				evaluation, pursuant to this subchapter, an inspector/risk assessor shall provide
				the owner with a complete report of all testing performed and all results.
1. The report shall include:
i. The date(s) of inspection;
ii. The address of the building(s) and unit
				numbers (if applicable);
iii. The date
				of construction of the building(s);
iv.
				The name, address and telephone number of the owner;
v. The name and signature of each inspector/risk
				assessor conducting testing (including the New Jersey Department of Health
				certification number);
vi. The name and
				signature of each clearance technician collecting samples;
vii. The name, address and telephone number of the
				firm employing the inspector/risk assessor(s) and clearance technician(s);
viii. The name and address of each laboratory
				conducting analysis of collected samples;
ix. Each testing device and/or sampling procedure
				employed and the serial number of any XRF device used;
x. The precise locations of all components and
				surfaces on components tested or sampled;
xi. All data collected using onsite testing
				devices; and
xii. The results of all
				tests performed.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 17 - LEAD HAZARD EVALUATION AND ABATEMENT CODE › Subchapter 3 - EVALUATION AND TESTING › Appendix 3-A

Current through Register Vol. 56, No. 14, July 15, 2024
LEAD SCREENING
(New Jersey Requirements Added in Italics)
Environmental Protection Agency
40
				  CFR 745.227(c), Work practice
				  standards for conducting lead-based paint activities: target housing and
				  child-occupied facilities, Lead hazard screen
745.227(c) Lead hazard screen
(1)
A lead hazard screen shall be
				conducted by a risk assessor certified pursuant to N.J.A.C. 5:17.
(2) If conducted, a lead hazard screen
				shall be conducted as follows:
(i) Background
				information regarding the physical characteristics of the residential dwelling or
				child-occupied facility and occupant use patterns that may cause lead-based paint
				exposure to one or more children age six years and under shall be
				collected.
(ii) A visual inspection of
				the residential dwelling or child-occupied facility shall be conducted to:
(A) Determine if any deteriorated paint is
				present, and
(B) Locate at least two
				dust sampling locations.
(iii) If deteriorated paint is present, each
				surface with deteriorated paint, which is determined using documented methodologies,
				to be in poor condition and to have a distinct painting history, shall be tested for
				the presence of lead.
(iv) In
				residential dwellings, two composite dust samples shall be collected, one from the
				floors and the other from the windows, in rooms, hallways or stairwells where one or
				more children, age 6 and under, are most likely to come in contact with
				dust.
(v) In multi-family dwellings and
				child occupied facilities, in addition to the floor and window samples required in
				paragraph (c)(2)(iv) of this section, the risk assessor shall also collect composite
				dust samples from common areas where one or more children, age 6 and under, are most
				likely to come into contact with dust.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 17 - LEAD HAZARD EVALUATION AND ABATEMENT CODE › Subchapter 3 - EVALUATION AND TESTING › Appendix 3-B

Current through Register Vol. 56, No. 14, July 15, 2024
RISK ASSESSMENT
(New Jersey Requirements Added in Italics)
40
				  CFR 745.227(d), Work practice
				  standards for conducting lead-based paint activities: target housing and
				  child-occupied facilities, Risk assessment
745.227(d) Risk assessment
(1)
A risk assessment shall be conducted
				only by a person certified pursuant to N.J.A.C. 5:17.
(2) A visual inspection for risk assessment of the
				residential dwelling or child-occupied facility shall be undertaken to locate the
				existence of deteriorated paint, assess the extent and causes of the deterioration,
				and other potential lead-based paint hazards.
(3) Background information regarding the physical
				characteristics of the residential dwelling or child-occupied facility and occupant
				use patterns that may cause lead-based paint exposure to one or more children age 6
				years and under shall be collected.
(4)
				The following surfaces which are determined, using documented methodologies, to have
				a distinct painting history, shall be tested for the presence of lead:
(i) Each friction surface or impact surface with
				visibly deteriorated paint; and
(ii) All
				other surfaces with visibly deteriorated paint.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 17 - LEAD HAZARD EVALUATION AND ABATEMENT CODE › Subchapter 4 - PRE-ABATEMENT PREPARATION AND OCCUPANT PROTECTION › Section 5:17-4.1 - Specification and drawing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to the
				commencement of any lead abatement project, the owner shall consent in writing to
				the scope of the project and to the methods to be employed during the
				abatement.
(b) A sketch plan of the
				abatement site shall be prepared and made available to the owner and to any
				occupants who shall remain in the structure during abatement. The sketch plan shall
				clearly show:
1. Work areas, labeled to show all
				surfaces to be abated, which shall not be accessible to occupants;
2. Barriers, if any, which separate the work area
				from occupied areas;
3. Occupied areas,
				including bathroom facilities with a route of access to these facilities, and
				emergency egress route(s), if occupants are to be present during
				abatement;
4. Workers' changing,
				handwashing and/or shower, toileting and eating areas;
5. Waste disposal route;
6. Waste storage area or dumpster if abatement
				will require more than one day;
7.
				Location of any special equipment; and
8. Any other information which occupants or the
				contractor would need to know to ensure safe and responsible activity during the
				abatement.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 17 - LEAD HAZARD EVALUATION AND ABATEMENT CODE › Subchapter 4 - PRE-ABATEMENT PREPARATION AND OCCUPANT PROTECTION › Section 5:17-4.2 - Abatement classification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An abatement shall
				be classified as an interior or exterior worksite.
(b) Interior worksites shall be classified as
				Level 1, 2, 3 or 4, as described in
				5:17-4.3(c), based on
				typical applications, time limit for the abatement, resident location, barrier
				system, warning signs, ventilation systems, furniture, clean up requirements and
				dust sampling.
(c) Exterior worksites
				shall be classified as Level 1, 2 or 3, as described in
				5:17-4.3(c), based on
				typical applications, time limit for the abatement, resident location, barrier
				systems, playground considerations, security, signs, weather, clean up and
				porches.
(d) Contractors shall follow
				the procedures specified in
				5:17-4.3(c).
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 17 - LEAD HAZARD EVALUATION AND ABATEMENT CODE › Subchapter 4 - PRE-ABATEMENT PREPARATION AND OCCUPANT PROTECTION › Section 5:17-4.3 - Worksite levels

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each lead abatement
				shall be designated as one or more of the following:
1. Interior worksite, preparation Level 1, 2, 3 or
				4;
2. Exterior worksite, preparation
				Level 1, 2 or 3; or
3. Window treatment
				or replacement preparation.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 17 - LEAD HAZARD EVALUATION AND ABATEMENT CODE › Subchapter 4 - PRE-ABATEMENT PREPARATION AND OCCUPANT PROTECTION › Section 5:17-4.4 - Air equipment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Negative air, at a
				rate of 10 air exchanges per hour, shall be required only when dry sanding or
				abrasive blasting are used. Dry sanding or abrasive blasting shall be allowed only
				by variation granted pursuant to
				5:17-5.3.
(b) Windows, doors, chimneys and other vents or
				openings shall be closed during abatement. If ventilation is required because of the
				needs of occupants, or because of chemical fumes, HEPA equipment to filter exhaust
				and supply clean outside air shall be used.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 17 - LEAD HAZARD EVALUATION AND ABATEMENT CODE › Subchapter 5 - LEAD HAZARD ABATEMENT-GENERAL › Section 5:17-5.1 - Duties of the contractor

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The certified contractor shall be responsible
				for ensuring compliance with all applicable provisions of this chapter.
(b) Prior to beginning an abatement job, the
				contractor shall apply for a permit under the UCC and shall provide the owner and
				the occupants with a description of the scope of work and information about
				lead-based paint hazards.
1. Additionally, the
				contractor shall notify the Department of Community Affairs 10 working days prior to
				the anticipated start of work. This notification shall include the name and
				certification number of the contractor, the location where the work is to be
				performed, and a brief description of the scope of work. The notification shall be
				sent to the following address: Department of Community Affairs, PO Box 821, Trenton,
				NJ 08625 or sent by email to lead.notifications@dca.nj.gov.
2. For lead abatement jobs to be performed on
				superstructures, or in commercial buildings, the contractor shall provide a 10 day
				notice to the Department as described in (b)1 above, but shall be exempt from the
				requirement to apply for a permit under the UCC set forth in (b) above.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 17 - LEAD HAZARD EVALUATION AND ABATEMENT CODE › Subchapter 5 - LEAD HAZARD ABATEMENT-GENERAL › Section 5:17-5.2 - Permits required

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Effective January 1,
				1996, a permit under the UCC shall be obtained for any work intended to abate lead
				hazards. Additionally, a permit under the UCC shall be obtained for any related
				construction work requiring a permit.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 17 - LEAD HAZARD EVALUATION AND ABATEMENT CODE › Subchapter 5 - LEAD HAZARD ABATEMENT-GENERAL › Section 5:17-5.3 - Variations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any variation from
				the requirements of this chapter shall be requested in writing only from the
				Department and shall be accompanied by a nonrefundable fee of $ 120.00 paid by check
				or money order, payable to the "Treasurer, State of New Jersey."
(b) The request for variation shall include:
1. A statement of the requirements of the chapter
				from which a variation is sought;
2. A
				statement of the manner by which strict compliance with these provisions would
				result in practical difficulties; and
3.
				A statement of the alternative proposed which adequately protects the health, safety
				and welfare of the occupants or intended occupants and the public generally and
				which adequately prevents contamination of the environment.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 17 - LEAD HAZARD EVALUATION AND ABATEMENT CODE › Subchapter 5 - LEAD HAZARD ABATEMENT-GENERAL › Section 5:17-5.4 - Occupancy during abatement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Occupancy during
				abatement shall be allowed only as described in this chapter. Where abatement work
				will be ongoing for more than one day, and the occupants will be returning at night,
				cleaning shall be performed as follows at the end of the workday:
1. For interior abatement jobs, HEPA vacuum, wet
				wash, and HEPA vacuum again treated surfaces and floors extending five feet in all
				directions from the treated surface. If occupants are to have access to the work
				area, the top layer of plastic shall be removed from the floor and discarded. For
				dust removal work alone, a HEPA vacuum and wet wash cycle is adequate. Floors in
				adjacent area(s) used as a pathway to the work area shall also be HEPA vacuumed and
				wet washed.
2. For exterior abatement
				jobs, the entrance to be used by occupants shall be made clear and free of any
				potential lead hazards or sources of contamination.
3. Lead-contaminated debris shall be stored
				outside the dwelling unit in a secure, locked area.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 17 - LEAD HAZARD EVALUATION AND ABATEMENT CODE › Subchapter 6 - PAINT REMOVAL; COMPONENT REPLACEMENT; ENCLOSURE; ENCAPSULATION › Section 5:17-6.1 - Lead-based paint removal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following paint
				removal methods are prohibited:
1. Open flame
				burning or torching:
i. Using cutting torches to
				remove fire escapes, railings or other metal components coated with lead-based paint
				is also prohibited unless the paint is first removed four inches out from the area
				to be cut.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 17 - LEAD HAZARD EVALUATION AND ABATEMENT CODE › Subchapter 6 - PAINT REMOVAL; COMPONENT REPLACEMENT; ENCLOSURE; ENCAPSULATION › Section 5:17-6.3 - Enclosure methods

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All materials used
				for enclosure shall comply with all applicable provisions of the Uniform
				Construction Code (N.J.A.C. 5:23).
(b)
				Drywall, fiberboard or its functional equivalent may be used for interior wall
				enclosure. Moisture-resistant greenboard shall be used in damp areas. The following
				steps shall be followed for interior wall enclosure intended to abate lead hazards.
1. Turn off and disconnect all electrical circuits
				present in the area to be enclosed;
2.
				Prior to enclosure, repair all structurally unsound substrates and water leaks that
				will affect the integrity of the enclosure;
3. Use construction adhesive to glue the drywall
				in place;
4. Screw the drywall to the
				studs behind the existing wall. Screws shall be long enough to go through the
				drywall, the plaster, the wire mesh or lath, and bite an inch into the stud or
				structure. Furring strips or hat channels may be used as needed;
5. Use extension rings to bring out electrical
				devices flush with the new drywall and retrofit any HVAC registers;
6. Wherever the drywall meets wood framing or any
				other component, including electrical devices, pipes and HVAC registers, the seams
				shall be sealed with a silicon caulk or other sealant that has at least a 10 year
				warranty;
7. Tape and finish the
				drywall;
8. Enclosures installed shall
				not protrude beyond the depth of door or window frames or other trim pieces;
				and
9. If paneling is used to enclose
				surfaces painted with lead-based paint, all joints and edges shall be fully
				supported to prevent flexing that might compromise the seal of the seams.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 17 - LEAD HAZARD EVALUATION AND ABATEMENT CODE › Subchapter 6 - PAINT REMOVAL; COMPONENT REPLACEMENT; ENCLOSURE; ENCAPSULATION › Section 5:17-6.4 - Encapsulation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Encapsulation
				products or systems to be used for lead-based paint hazard abatement shall be
				warranted by the manufacturer to perform for at least 20 years.
1. Encapsulants shall meet all applicable fire,
				health and environmental regulations.
2.
				The material safety data sheet (MSDS) shall be obtained from the manufacturer for
				all encapsulants tested or applied.
3.
				Residential paints and canvas-backed vinyl wallpaper shall not be used for
				encapsulation of lead-based paint unless they meet the performance requirements of
				this chapter.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 17 - LEAD HAZARD EVALUATION AND ABATEMENT CODE › Subchapter 7 - SOIL › Section 5:17-7.1 - Soil interim controls or abatement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An inspector/risk
				assessor shall fulfill the requirements as described in (b) and (c) below only if
				any of these conditions exist:
1. A site to be
				remediated contains bare play areas which are designated play areas or which contain
				children's play equipment or which areas are commonly used and known to be used by
				children as play areas;
2. Lead based
				paint is known or suspected to be on a building exterior and is known or suspected
				to be a health hazard or source of interior contamination;
3. Soil is known or suspected from prior usage to
				be contaminated with lead; or
4. The
				owner requests soil testing.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 17 - LEAD HAZARD EVALUATION AND ABATEMENT CODE › Subchapter 8 - ABATEMENT CLEANING INTERIOR AND EXTERIOR › Section 5:17-8.1 - Post abatement cleaning-interior work areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To allow the lead
				dust to settle, post abatement cleaning shall begin no sooner than one hour after
				the lead hazard abatement project has been completed.
(b) Cleaning shall take place when the abatement
				project has been completed and before abated surfaces are painted or sealed.
1. Removal of plastic sheeting shall be done as
				follows:
i. Plastic sheeting used in the abatement
				area shall be removed first. Plastic sheeting used to isolate the abatement area
				shall be removed only when all other plastic sheeting has been removed;
ii. Immediately prior to removal, plastic sheeting
				shall be misted with water to hold down dust. If necessary, to prevent debris from
				falling on unprotected floors, moistened debris on plastic sheeting covering floors
				shall be swept toward the middle of the plastic sheeting prior to folding;
iii. Plastic sheeting shall be removed by folding
				the ends toward the middle to trap any dust residue;
iv. The plastic sheeting shall be placed in double
				four mil or single six mil plastic bag(s) that are then sealed with duct tape and
				removed from the project area for disposal; and
v. The plastic sheeting shall be removed in the
				following order:
(1) Upper level plastic sheeting,
				such as that on cabinets and counters;
(2) The top layer of the floor plastic
				sheeting;
(3) Vent cover and doorway
				plastic sheeting;
(4) Bottom layer of
				floor plastic sheeting; and
(5) Plastic
				used to isolate the abatement project.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 17 - LEAD HAZARD EVALUATION AND ABATEMENT CODE › Subchapter 8 - ABATEMENT CLEANING INTERIOR AND EXTERIOR › Section 5:17-8.2 - Post abatement cleaning-exterior work areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To allow the lead
				dust to settle, post abatement cleaning shall begin no sooner than one hour after
				the lead hazard abatement project has been completed.
(b) Cleaning shall take place when the abatement
				project has been completed and before abated surfaces are painted or sealed.
1. Removal of plastic sheeting shall be done as
				follows:
i. Immediately prior to removal, plastic
				sheeting shall be misted with water to hold down dust. If necessary to prevent
				debris from falling on unprotected ground, moistened debris on plastic sheeting
				covering floors shall be swept toward the middle of the plastic sheeting prior to
				folding;
ii. Plastic sheeting shall be
				removed by folding the ends toward the middle to trap any dust residue;
				and
iii. The plastic sheeting shall be
				placed in double four mil or single six mil bag(s) that are then sealed with duct
				tape and removed from the project area for disposal.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 17 - LEAD HAZARD EVALUATION AND ABATEMENT CODE › Subchapter 9 - FINAL INSPECTION AND CLEARANCE TESTING › Section 5:17-9.1 - Final inspection and clearance testing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To allow lead dust
				to settle, the final inspection and clearance testing shall begin no sooner than one
				hour after the final cleaning is completed.
(b) The final inspection shall consist of a visual
				inspection to verify that all abated surfaces have been replaced, painted, or
				sealed, and the collection of environmental samples to ensure that the work area has
				been effectively cleaned.
1. Wipe samples shall be
				taken from the abated area, one sample from within 10 feet outside the containment
				area and one sample from any nearby high traffic area.
2. When an abatement project involves exterior
				abatement work, soil samples shall be collected around the foundation of the
				structure and in any play areas that could have been affected by the work. All soil
				samples shall be composite samples as described in (d) below.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 17 - LEAD HAZARD EVALUATION AND ABATEMENT CODE › Subchapter 10 - WASTE DISPOSAL › Section 5:17-10.1 - Waste disposal

Current through Register Vol. 56, No. 14, July 15, 2024
Waste disposal shall comply with regulations promulgated by the
				  New Jersey Department of Environmental Protection. The contractor shall record the
				  name of the waste hauler or the site(s) where the waste was taken if the contractor
				  did not use a waste hauler.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 17 - LEAD HAZARD EVALUATION AND ABATEMENT CODE › Subchapter 11 - STEEL STRUCTURES OR OTHER SUPERSTRUCTURES › Section 5:17-11.1 - Abatement jobs on superstructures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				chapters of the "Industrial Lead Paint Removal Handbook, 2nd edition" are hereby
				incorporated by reference for the abatement of lead-based paint from
				superstructures: Chapter 1 Introduction, Chapter 3 Definition of Lead-Containing
				Paint and How to Test For It, Chapter 5 Lead Paint Removal Methods and Chapter 6
				Containment Systems.
1. Copies of the "Industrial
				Lead Paint Removal Handbook, 2nd edition" by Kenneth A. Trimber may be obtained
				from: The Steel Structures Painting Council, 40 24th Street, Sixth Floor,
				Pittsburgh, PA 15222.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 18 - LIQUEFIED PETROLEUM GAS › Subchapter 1 - GENERAL PROVISIONS › Section 5:18-1.1 - Prurpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this chapter is to provide
				minimum standards for liquefied petroleum gas systems for the preservation of health
				and safety of the general public.
(b)
				This chapter shall apply to the design, construction, location, installation,
				maintenance and operation of liquefied petroleum gas systems.
(c) The following pertain to existing LP-Gas
				systems:
1. LPG systems within the scope of this
				chapter which were installed in accordance with the rules in effect at the time of
				installation may be continued in service unless the continued operation of such
				systems constitutes a serious and substantial threat to health and safety.
2. Existing systems shall be registered with the
				Division if required by
				N.J.A.C. 5:18-1.4 and
				containers shall be marked in accordance with
				N.J.A.C.
				5:18-1.6.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 18 - LIQUEFIED PETROLEUM GAS › Subchapter 1 - GENERAL PROVISIONS › Section 5:18-1.2 - Applicability and jurisdiction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The issuance of
				permits for, and the inspection of, new liquefied petroleum gas vapor delivery
				systems of 2,000 gallons or less aggregate water capacity shall be the
				responsibility of the local construction official and plumbing subcode official, as
				set forth in 5:23-3.4. The local construction
				official shall also be responsible for handling unsafe structures as set forth in
				5:23-2.32.
(b) The issuance of permits for, and the
				inspection of, new liquefied petroleum gas systems of vapor delivery greater than
				2,000 gallons aggregate water capacity and all liquid withdrawal systems shall be
				the responsibility of the Division.
(c)
				In addition to compliance with the requirements of this chapter, liquefied petroleum
				gas systems of over 2,000 gallons aggregate water capacity, or individual containers
				of over 1,000 gallons water capacity, shall be subject to registration and to annual
				inspection by the fire official, as set forth in the Uniform Fire Code,
				5:70-2.4B and 2.5.
(d) Cylinder exchange cabinets shall be subject to
				inspection by the fire official, in accordance with section F-3605.0 of the Fire
				Prevention Code, N.J.A.C. 5:70-3.
(e) In
				addition to compliance with the requirements of this chapter, LPG systems at
				locations identified as fill plants shall be subject to inspection by the local fire
				official, in accordance with section F-3609.0 of the Fire Prevention Code, N.J.A.C.
				5:70-3.
(f) LP-Gas facilities including
				producers, bulk plants and industrial plants of 10,000 gallons water capacity or
				more, gas utility plants, marine or pipeline terminals or tank farms shall comply
				with and shall be inspected in accordance with the quality control program outlined
				in N.J.A.C. 5:18-9.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 18 - LIQUEFIED PETROLEUM GAS › Subchapter 1 - GENERAL PROVISIONS › Section 5:18-1.4 - Registration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All existing LPG systems of greater than 2,000
				gallons water capacity vapor delivery service, all liquid withdrawal systems, and
				all fill plants shall be registered by the owner with the Division.
1. The submission of plans pursuant to
				5:18-6.1 shall be accepted as satisfying
				the registration requirement.