New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 28A - LEAD-BASED PAINT INSPECTIONS IN RENTAL DWELLINGS › Subchapter 1 - GENERAL PROVISIONS › Section 5:28A-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter, shall
				  have the following meanings unless the context clearly indicates otherwise:
"Commissioner" means the Commissioner of the Department of
				  Community Affairs.
"Department" means the Department of Community Affairs.
"Dust wipe sampling" means a sample collected by wiping a
				  representative surface and tested, in accordance with a method approved by the
				  United States Department of Housing and Urban Development (HUD) and as conducted
				  pursuant to N.J.A.C. 5:28A-2.3.
"Dwelling" means a building containing a room or rooms, or suite,
				  apartment, unit, or space, that is rented and occupied, or intended to be rented and
				  occupied, for sleeping and dwelling purposes by one or more persons.
"Dwelling unit" means a unit within a building that is rented and
				  occupied, or intended to be rented and occupied, for sleeping and dwelling purposes
				  by one or more persons.
"Interim controls" means a set of measures designed to reduce
				  temporarily human exposure or likely exposure to lead-based paint hazards, including
				  specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing
				  monitoring of lead-based paint hazards or potential hazards, and the establishment
				  and operation of management and resident education programs, or the term as it is
				  defined pursuant to 42 U.S.C. § 4851b and the regulations adopted pursuant
				  thereto.
"Lead abatement" means a set of measures designed to permanently
				  eliminate lead-based paint hazards, in accordance with the standards established by
				  the Commissioner at N.J.A.C. 5:17.
"Lead abatement contractor" means a firm certified by the
				  Department to perform remediation through lead abatement or interim control work
				  pursuant to N.J.A.C. 5:17.
"Lead abatement worker" means an individual certified by the New
				  Jersey Department of Health to perform lead abatement or interim control work
				  pursuant to N.J.A.C. 8:62.
"Lead-based hazard control methods" means interim controls, as
				  defined above.
"Lead-based paint" means paint or other surface coating material
				  that contains lead in excess of 1.0 milligrams per centimeter squared or in excess
				  of 0.5 percent by weight, or such other level, as may be established by Federal
				  law.
"Lead-based paint hazard" means any condition that causes exposure
				  to lead from lead-contaminated dust or lead-contaminated paint that is deteriorated
				  or present on surfaces, that would result in adverse human health effects.
"Lead evaluation contractor" means a firm certified by the
				  Department to perform lead inspection and risk assessment work pursuant to N.J.A.C.
				  5:17. This includes the ability to perform dust wipe sampling.
"Lead inspector/risk assessor" means an individual certified by
				  the New Jersey Department of Health to perform lead inspection and risk assessment
				  work pursuant to N.J.A.C. 8:62. This includes the ability to perform dust wipe
				  sampling.
"Lead-free certification" means the certificate issued, in
				  accordance with N.J.A.C. 5:17, which states that there is no lead-based paint, or
				  that the dwelling has undergone lead abatement, in accordance with N.J.A.C.
				  5:17.
"Lead-safe certification" means the certification issued pursuant
				  to this chapter, which confirms that a periodic lead-based paint inspection was
				  performed, and no lead-based paint hazards were found. This certification is valid
				  for two years from the date of issuance, in accordance with
				  N.J.A.C.
				  5:28A-2.4.
"Lead free" means that a dwelling has been certified to have no
				  lead-based paint or has undergone lead abatement, in accordance with N.J.A.C.
				  5:17.
"Lead safe" means that a dwelling has been found to have no
				  outstanding lead-based paint hazards. It does not mean that the dwelling is
				  certified to be lead free.
"Multiple dwelling" means any building or structure and any land
				  appurtenant thereto, and any portion thereof, in which three or more dwelling units
				  are occupied or intended to be occupied by three or more persons living
				  independently of each other. "Multiple dwelling" also means any group of 10 or more
				  buildings on a single parcel of land or on contiguous parcels under common
				  ownership, in each of which two dwelling units are occupied, or intended to be
				  occupied, by two persons or households living independently of each other, and any
				  land appurtenant thereto, and any portion thereof. "Multiple dwelling" does not
				  include those buildings and structures that are excluded pursuant to
				  N.J.S.A.
				  55:13A-3(k).
"Periodic lead-based paint inspection" means the initial
				  inspection of all applicable dwelling units at the earlier of two years from the
				  effective date of P.L.
				  2021, c. 182, July 22, 2022, or tenant turnover, and
				  thereafter the earlier of three years or upon tenant turnover, consistent with
				  N.J.A.C.
				  5:28A-2.1, for the purposes of identifying
				  lead-based paint hazards in dwellings subject to this chapter.
"Permanent local agency" means a local, municipal agency
				  maintained for the purpose of conducting inspections and enforcing laws, ordinances,
				  and regulations concerning buildings and structures within its jurisdiction. This
				  may include local building agencies, health agencies, and housing agencies.
"Remediation" means interim controls or lead abatement work
				  undertaken in conformance with this chapter to address lead-based paint
				  hazards.
"Tenant turnover" means the time at which all existing occupants
				  vacate a dwelling unit, and all new tenants move into the dwelling unit or the time
				  at which a new tenant enters a vacant dwelling unit.
"Visual assessment" means a visual examination for deteriorated
				  paint or visible surface dust, debris, or residue, and as conducted pursuant to
				  N.J.A.C.
				  5:28A-2.3.