reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 50 - STANDARDS FOR INDOOR ENVIRONMENT CERTIFICATION AND FOR LICENSURE OF INDOOR ENVIRONMENTAL CONSULTANTS › Subchapter 5 - COMPLIANCE AND ENFORCEMENT › Section 8:50-5.5 - Civil administrative penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Department
				finds that an individual, applicant or licensee has violated a provision of the Act
				or this chapter and/or has knowingly made a false statement, representation or
				certification in any application, record or document filed or maintained in
				accordance with the Act or this chapter, the Commissioner may assess a civil
				administrative penalty of no more than $ 25,000 per day for the first offense and $
				50,000 per day for the second and each subsequent offense.
(b) Each day the violation continues shall
				constitute an additional, separate and distinct offense.
(c) The Department may compromise and settle any
				claim for a penalty, pursuant to the Act, in an amount as the Department determines
				is appropriate and equitable under the circumstances.
(d) Any penalty imposed pursuant to the Act or
				this chapter, may be collected, with costs, in a summary proceeding pursuant to the
				"Penalty Enforcement Law of 1999,"
				P.L.
				1999, c. 274,
				2A:58-10 et seq.
(e) The Department shall levy no assessment
				pursuant to this section until the violator has received notice that is:
1. Delivered by courier, personal service, or
				certified mail to the violator's last known address;
2. Specifies the provisions of the Act or this
				chapter that the violator has violated;
3. Contains a concise statement of the facts
				alleged to constitute the violation;
4.
				Specifies the amount of the civil administrative penalties to be imposed;
				and
5. Provides notice of the violator's
				right to a hearing or an informal conference or review.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 50 - STANDARDS FOR INDOOR ENVIRONMENT CERTIFICATION AND FOR LICENSURE OF INDOOR ENVIRONMENTAL CONSULTANTS › Subchapter 5 - COMPLIANCE AND ENFORCEMENT › Section 8:50-5.6 - Hearings, conferences

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee or
				applicant, as the case may be, shall have the right to an informal conference
				pursuant to (b) below, a formal hearing pursuant to (c) below, or both, if the
				Commissioner:
1. Assesses an administrative penalty
				pursuant to 8:50-5.4;
2. Proposes to suspend or revoke a license or a
				certification issued pursuant to this chapter; or
3. Denies an application made pursuant to this
				chapter for a license or a certification.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 50 - STANDARDS FOR INDOOR ENVIRONMENT CERTIFICATION AND FOR LICENSURE OF INDOOR ENVIRONMENTAL CONSULTANTS › Appendix A

Current through Register Vol. 56, No. 14, July 15, 2024
INDOOR ENVIRONMENTAL CONSULTANT LICENSE APPLICATION
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New Jersey Administrative Code › Title 8 - HEALTH › Chapter 50 - STANDARDS FOR INDOOR ENVIRONMENT CERTIFICATION AND FOR LICENSURE OF INDOOR ENVIRONMENTAL CONSULTANTS › Appendix B

Current through Register Vol. 56, No. 14, July 15, 2024
Child Care Center -- Indoor Environmental Health
				Assessment
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New Jersey Administrative Code › Title 8 - HEALTH › Chapter 51 - CHILDHOOD ELEVATED BLOOD LEAD LEVELS › Subchapter 1 - GENERAL PROVISIONS › Section 8:51-1.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
The rules of this chapter shall apply to all local boards of
				  health, owners of properties in which children who have been identified with
				  elevated blood lead levels live, owners of any other properties that constitute a
				  lead hazard to children who have been identified with elevated blood lead levels,
				  and to laboratories who perform blood lead tests of children.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 51 - CHILDHOOD ELEVATED BLOOD LEAD LEVELS › Subchapter 1 - GENERAL PROVISIONS › Section 8:51-1.2 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this chapter is to protect children from adverse
				  health effects due to exposure to lead hazards in their homes and in the
				  environment.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 51 - CHILDHOOD ELEVATED BLOOD LEAD LEVELS › Subchapter 1 - GENERAL PROVISIONS › Section 8:51-1.3 - Incorporated materials

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department incorporates by reference, as
				amended and supplemented, in this chapter, the following policies and guidelines:
1. "Managing Elevated Blood Lead Levels Among
				Young Children, Recommendations from the Advisory Committee on Childhood Lead
				Poisoning Prevention" (published March 2002);
2. "Preventing Lead Poisoning in Young Children,"
				(published August 2005).
i. The policy statements
				in (a)1 and 2 above are published by the U.S. Department of Health and Human
				Services, Public Health Service, Centers for Disease Control and Prevention, 1600
				Clifton Road, Atlanta, GA 30333 and are available electronically from the Centers
				for Disease Control and Prevention, and available at
http://www.cdc.gov/nceh/lead/publications/
;
3. "Guidelines for the Evaluation and
				Control of Lead-Based Paint Hazards in Housing," (2012), published by the U.S.
				Department of Housing and Urban Development, Office of Healthy Homes and Lead Hazard
				Control, 451 Seventh Street, S.W., Washington, DC 20410, and available at
http://www.hud.gov/offices/lead/lbp/hudguidelines/index.cfm
;
4. "Low Level Lead Exposure Harms Children: A
				Renewed Call for Primary Prevention," Advisory Committee on Childhood Lead Poisoning
				Prevention, Centers for Disease Control and Prevention, January 2012, and available
				at
www.cdc.gov/nceh/lead/acclpp/final_document_030712.pdf
;
				and
5. "CDC Response to Advisory
				Committee on Childhood Lead Poisoning Prevention Recommendations in 'Low Level Lead
				Exposure Harms Children: A Renewed Call for Primary Prevention'," Centers for
				Disease Control, June 2012, and available at
www.cdc.gov/nceh/lead/acclpp/cdc_response_lead_exposure_rec.pdf
.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 51 - CHILDHOOD ELEVATED BLOOD LEAD LEVELS › Subchapter 2 - SCREENING AND CASE MANAGEMENT › Section 8:51-2.1 - Screening

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The local board of health shall work with
				health care providers in its jurisdiction to ensure that all children less than 72
				months of age are appropriately screened for elevated blood lead levels in
				accordance with N.J.A.C. 8:51A.
(b) If a
				local board of health determines that a child less than 72 months of age, who is
				receiving service from one of its child health programs, is in need of lead
				screening, and it is not able to make arrangements for the child to be screened by a
				health care provider, the local board of health shall perform a lead screening of
				the child.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 51 - CHILDHOOD ELEVATED BLOOD LEAD LEVELS › Subchapter 2 - SCREENING AND CASE MANAGEMENT › Section 8:51-2.2 - Screening methods

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All screening for elevated blood lead levels
				shall be performed in accordance with N.J.A.C. 8:51A.
(b) Local boards of health shall use, for blood
				lead testing, a laboratory that reports test results to the Department in accordance
				with 8:44-2.11.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 51 - CHILDHOOD ELEVATED BLOOD LEAD LEVELS › Subchapter 2 - SCREENING AND CASE MANAGEMENT › Section 8:51-2.3 - Confirmation of blood lead test results

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A capillary blood
				screening sample that produces a blood lead level of five g/dL or greater shall be
				confirmed by a venous blood lead sample before an environmental intervention is
				performed.
1. A venous blood lead level of five
				g/dL or greater does not require a confirmatory test.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 51 - CHILDHOOD ELEVATED BLOOD LEAD LEVELS › Subchapter 2 - SCREENING AND CASE MANAGEMENT › Section 8:51-2.5 - Home visits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each public health nurse completing case
				management shall conduct an initial home visit according to the following schedule
				upon notification by the Department of an elevated blood lead level:
Blood Lead Levels (g/dL)
Time Frame For Initial Home Visit
5 to 14 venous sample
Within three weeks
15 to 19 venous sample
Within two weeks
20 to 44 venous sample
Within one week
45 to 69 venous sample
Within 48 hours
>/= 70 venous sample
Within 24 hours
(b) When
				a child under active case management moves from the jurisdiction of one local board
				of health to another, the public health nurse in the new jurisdiction shall conduct
				a home visit according to the same schedule established for initial home visits in
				(a) above.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 51 - CHILDHOOD ELEVATED BLOOD LEAD LEVELS › Subchapter 3 - REPORTING AND CONFIDENTIALITY › Section 8:51-3.1 - Notification to local board of health

Current through Register Vol. 56, No. 14, July 15, 2024
Whenever the Department receives a report from a laboratory of a
				  blood lead level of five g/dL or greater in a child, the Department shall notify the
				  local board of health in whose jurisdiction the child resides through the Childhood
				  Lead Information Database as set forth at N.J.A.C. 8:51-10.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 51 - CHILDHOOD ELEVATED BLOOD LEAD LEVELS › Subchapter 3 - REPORTING AND CONFIDENTIALITY › Section 8:51-3.2 - Reporting by local boards of health

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a local board
				of health receives a report of a child with a blood lead level of five g/dL or
				greater, it shall report to the Department through the Childhood Lead Information
				Database as set forth at N.J.A.C. 8:51-10, on the actions it has taken on behalf of
				the child.
1. The local board of health shall
				report the following case management information:
i. The case manager's name;
ii. The date the case was assigned;
iii. The medical home referral date;
iv. Dates of all assessments;
v. Dates of all referrals made and
				outcomes;
vi. Dates of all events
				performed and outcomes including contact attempts (phone and/or letters);
vii. No entry visits, initial visits and
				revisits;
viii. Physician
				follow-up;
ix. Lead retest following
				elevation;
x. Siblings referred for
				testing;
xi. Siblings tested and
				results;
xii. Parent and/or caregiver
				education;
xiii. Other pertinent events;
				and
xiv. The date and reason the case
				was discharged.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 51 - CHILDHOOD ELEVATED BLOOD LEAD LEVELS › Subchapter 3 - REPORTING AND CONFIDENTIALITY › Section 8:51-3.3 - Confidentiality of records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All medical
				information or information concerning reportable events pursuant to this chapter,
				including all written and electronic records maintained by the Department, and by
				local boards of heatlh, regarding blood lead screening, case management activities,
				and environmental interventions that identify individual children, including address
				information and laboratory results, shall not be disclosed, except under the
				following circumstances:
1. With a signed release
				from the child's parent or legal guardian;
2. When the Commissioner determines that such
				disclosure is necessary to enforce public health laws or to protect the life or
				health of a named party, in accordance with applicable State and Federal laws;
				or
3. Pursuant to a valid court order,
				issued by a court of competent jurisdiction.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 51 - CHILDHOOD ELEVATED BLOOD LEAD LEVELS › Subchapter 4 - ENVIRONMENTAL INTERVENTION › Section 8:51-4.1 - Environmental intervention for all children with confirmed blood lead levels of five g/dL or greater

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever a child has a confirmed blood lead
				level of 10 g/dL or greater or two consecutive test results five g/dL to nine g/dL
				that are one month to four months apart, the local board of health in whose
				jurisdiction the child resided at the time of testing shall provide environmental
				intervention.
(b) The local board of
				health shall be responsible for conducting the environmental intervention at the
				primary residence of the child.
1. The address
				given on the report of a blood lead test result shall be presumed to be the primary
				residence of the child, unless it is subsequently determined that the child never
				resided at that address.
2. If it is
				determined that the child no longer resides, or never resided, at the reported
				address, the local board of health shall attempt to determine the child's current
				address.
3. If it is determined that the
				child resided at the reported address at the time of the blood lead test, and
				subsequently moved to another primary address, then the local board of health shall
				conduct an environmental intervention at both the primary residence at the time of
				the test and the current primary address.
4. If it is determined that the child has moved,
				subsequent to being tested, to a primary residence outside of its jurisdiction, then
				the local board of health shall conduct an environmental intervention in accordance
				with (b)1 through 3 above and shall forward the report(s) of blood lead test results
				to the local board of health in whose jurisdiction the child now resides, which
				shall conduct an environmental intervention at the child's new primary
				residence.
5. When the child's family is
				required by the local board of health to relocate or decides to relocate
				voluntarily, the local board of health shall conduct an environmental intervention
				of the planned relocation address to make sure it is lead-safe before the child
				moves to the new address.
i. The local board of
				health where the child permanently resides shall notify the local board of health in
				whose jurisdiction the child is temporarily relocating of the relocation address and
				the local board of health with jurisdiction over the temporary relocation address
				shall complete a limited hazard assessment.
ii. The local board of health shall conduct a
				hazard assessment at the planned permanent relocation address in its
				jurisdiction.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 51 - CHILDHOOD ELEVATED BLOOD LEAD LEVELS › Subchapter 4 - ENVIRONMENTAL INTERVENTION › Section 8:51-4.2 - Environmental intervention for children up to 72 months of age

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever a child up
				to 72 months of age has a confirmed blood lead level of 10 g/dL or greater or two
				consecutive test results five g/dL to nine g/dL that are one month to four months
				apart, the local board of health in whose jurisdiction the child resides shall
				conduct a hazard assessment of the child's primary residence to identify lead
				sources in the child's environment.
1. Upon
				completion of the hazard assessment, if a follow-up blood lead test remains
				elevated, the local board of health shall conduct another evaluation of the
				residence to determine additional sources of lead.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 51 - CHILDHOOD ELEVATED BLOOD LEAD LEVELS › Subchapter 4 - ENVIRONMENTAL INTERVENTION › Section 8:51-4.3 - Environmental intervention for children whose age is 72 months or greater

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever
				a child, whose age is 72 months or greater, has a confirmed blood lead level of 10
				g/dL or greater or two consecutive test results five g/dL to nine g/dL that are one
				month to four months apart, the local board of health in whose jurisdiction the
				child resides shall conduct a limited hazard assessment of the child's primary
				residence and any secondary addresses that are determined to be a likely source of
				exposure to the child.
(b) If the Hazard
				Assessment Questionnaire identifies exposure to a nonpaint lead hazard, the local
				board of health shall order removal of that hazard, and/or provide the family with
				education about how to avoid exposure to that hazard.
(c) If the child with confirmed blood lead of 10
				g/dL or greater or two consecutive test results five g/dL to nine g/dL that are one
				month to four months apart, has been medically diagnosed as having a developmental
				disability or developmental delay, such that the effective developmental age of the
				child is less than 72 months, the investigation of the child's environment shall be
				conducted as if the child were less than 72 months of age, in accordance with
				N.J.A.C.
				8:51-4.2.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 51 - CHILDHOOD ELEVATED BLOOD LEAD LEVELS › Subchapter 4 - ENVIRONMENTAL INTERVENTION › Section 8:51-4.4 - Reporting results of environmental interventions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The local
				board of health shall provide an Environmental Intervention Report, available at
				N.J.A.C. 8:51 Appendix B, to the property owner of the dwelling where the child and
				his or her family resides, describing the findings of the hazard assessment or
				limited hazard assessment, identifying any conditions determined to constitute a
				lead hazard, and setting forth orders, if required, for the abatement and/or interim
				control of those hazards.
(b) The local
				board of health shall be prohibited from including in the report described in (a)
				above the name of any child with an elevated blood lead level pursuant to
				N.J.A.C.
				8:51-3.3.
(c) The local board of health shall include a
				notice of violation, containing the text in the template, available at N.J.A.C. 8:51
				Appendix F, with the report described in (a) above.
(d) The local board of health shall provide a copy
				of the Environmental Intervention Report described in (a) above and a copy of the
				notice of violation described in (c) above to the parents or guardian of the child
				describing the findings of the hazard assessment or limited hazard assessment and
				identifying any conditions determined to constitute a lead hazard.
(e) The local board of health shall provide a copy
				of the notice of violation to the local construction official.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 51 - CHILDHOOD ELEVATED BLOOD LEAD LEVELS › Subchapter 5 - DETERMINATION OF LEAD IN DWELLING UNITS › Section 8:51-5.1 - Environmental sampling methods

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The local board of
				health shall collect single surface paint and other surface coating samples in
				conformance with sampling procedures found in the HUD Guidelines or 40 CFR Part
				745.
(b) The local board of health
				shall:
1. Collect single surface dust wipe samples
				in conformance with sampling procedures found in the HUD Guidelines;
2. Collect at least one sample on the floor of the
				primary entry way; and
3. Collect and
				analyze a minimum of six single surface dust wipe samples per dwelling.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 51 - CHILDHOOD ELEVATED BLOOD LEAD LEVELS › Subchapter 5 - DETERMINATION OF LEAD IN DWELLING UNITS › Section 8:51-5.2 - On-site x-ray fluorescence testing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The local board of
				health shall perform X-ray fluorescence (XRF) testing conducted as part of a hazard
				assessment or limited hazard assessment in conformance with the EPA/HUD Performance
				Characteristic Sheet for the specific XRF instrument being used or other applicable
				Federal protocols.
1. The XRF Performance
				Characteristic Sheets are located in "Addendum 3" of the HUD Guidelines, and may be
				obtained in PDF format from the following web site:
http://www.hud.gov/offices/lead/lbp/hudguidelines/index.cfm
.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 51 - CHILDHOOD ELEVATED BLOOD LEAD LEVELS › Subchapter 5 - DETERMINATION OF LEAD IN DWELLING UNITS › Section 8:51-5.3 - Analysis of environmental samples

Current through Register Vol. 56, No. 14, July 15, 2024
Environmental samples shall be analyzed by a laboratory
				  recognized by United States Environmental Protection Agency pursuant to the Toxic
				  Substances Control Act, section 405(b),
				  15 U.S.C.
				  2685, or by a laboratory participating in the
				  National Lead Laboratory Accreditation Program or an equivalent independent national
				  accreditation program.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 51 - CHILDHOOD ELEVATED BLOOD LEAD LEVELS › Subchapter 5 - DETERMINATION OF LEAD IN DWELLING UNITS › Section 8:51-5.4 - Approval of other samples or testing methods

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The local board of
				health may use any other sample collection or testing method if approved by any
				government agency having regulatory responsibility regarding lead hazards.
(b) The local board of health may use results from
				onsite paint, soil or dust testing methods for screening purposes but shall confirm
				the results pursuant to
				8:51-5.3 for enforcement
				purposes.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 51 - CHILDHOOD ELEVATED BLOOD LEAD LEVELS › Subchapter 6 - ABATEMENT AND/OR INTERIM CONTROLS OF LEAD HAZARDS › Section 8:51-6.1 - Issuance of abatement and/or interim controls orders

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The local board of
				health shall order the abatement and/or interim controls of any condition that it
				determines to be a lead hazard.
(b) The
				order set forth in (a) above shall:
1. Include the
				environmental intervention report to the property owner as established in
				8:51-4.4(a);
				and
2. Use the Housing Component
				Terminology, available at N.J.A.C. 8:51 Appendix C.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 51 - CHILDHOOD ELEVATED BLOOD LEAD LEVELS › Subchapter 6 - ABATEMENT AND/OR INTERIM CONTROLS OF LEAD HAZARDS › Section 8:51-6.2 - Exterior surfaces

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The local board of
				health shall order the abatement and/or interim controls of lead-based paint on any
				exterior surface that is accessible to children and is defective, or is otherwise
				determined by the local board of health to be causing a hazard to occupants or
				anyone coming in contact with such paint.
(b) When the order is for abatement of exterior
				surfaces, the person performing the abatement shall comply with N.J.A.C. 5:17, Lead
				Hazard Evaluation and Abatement Code.
(c) When the order is for interim controls, the
				following criteria shall apply:
1. The person
				performing the interim controls shall:
i. Complete
				training in accordance with the Occupational Safety and Health Administration Hazard
				Communication requirements at
				29 CFR 1910.1200
				(see
				29 CFR 1926.59 );
				and
ii. Be supervised by a certified
				lead-based paint abatement supervisor; or
iii. In place of (a)1i and ii above, have
				successful completion of training as a certified renovator through the Department of
				Community Affairs;
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 51 - CHILDHOOD ELEVATED BLOOD LEAD LEVELS › Subchapter 6 - ABATEMENT AND/OR INTERIM CONTROLS OF LEAD HAZARDS › Section 8:51-6.3 - Interior surfaces

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The local board of
				health shall issue an order to abate defective lead-based paint wherever
				found.
(b) The local board of health
				shall issue an order to abate all lead-based paint on friction and impact
				surfaces.
(c) The local board of health
				shall issue an order to abate chewable surfaces that have been tested and found to
				contain lead-based paint.
(d) In
				dwellings where lead contaminated dust has been identified, the local board of
				health shall ensure that defective paint, regardless of lead content, on floors,
				window sills and window wells are repaired and refinished with a non-leaded coating
				material for the purpose of making these surfaces cleanable.
1. If the paint being removed or repaired is not
				lead-based paint, then this work shall not be considered lead abatement and does not
				require compliance with N.J.A.C. 5:17.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 51 - CHILDHOOD ELEVATED BLOOD LEAD LEVELS › Subchapter 6 - ABATEMENT AND/OR INTERIM CONTROLS OF LEAD HAZARDS › Section 8:51-6.4 - Lead-contaminated soil

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the local board
				of health identifies lead-contaminated soil in accordance with hazard assessment
				activities, the local board of health shall order abatement and/or interim
				controls.
(b) When the order allows for
				interim controls and the bare soil is lead-contaminated, the person performing the
				interim controls may use impermanent surface coverings, such as gravel, bark and
				sod, as well as land use controls, such as fencing, landscaping and warning signs to
				reduce the exposure or likely exposure to the hazard.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 51 - CHILDHOOD ELEVATED BLOOD LEAD LEVELS › Subchapter 6 - ABATEMENT AND/OR INTERIM CONTROLS OF LEAD HAZARDS › Section 8:51-6.5 - Abatement and/or interim controls of other conditions that constitute a lead hazard

Current through Register Vol. 56, No. 14, July 15, 2024
The local board of health may order the abatement and/or interim
				  controls of any other condition that it considers to be a lead hazard.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 51 - CHILDHOOD ELEVATED BLOOD LEAD LEVELS › Subchapter 6 - ABATEMENT AND/OR INTERIM CONTROLS OF LEAD HAZARDS › Section 8:51-6.6 - Repair of conditions that cause or contribute to defective paint

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The local board of
				health may order the repair of any condition that it considers a causative or
				contributory factor to defective paint.
1.
				Causative or contributory factors may include, but are not limited to, roof, water
				and plumbing leaks.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 51 - CHILDHOOD ELEVATED BLOOD LEAD LEVELS › Subchapter 6 - ABATEMENT AND/OR INTERIM CONTROLS OF LEAD HAZARDS › Section 8:51-6.7 - Referral of ambient sources of lead

Current through Register Vol. 56, No. 14, July 15, 2024
If, in the course of conducting an environmental intervention,
				  the local board of health identifies what it believes to be an ambient source of
				  lead, it shall notify the New Jersey Department of Environmental Protection or its
				  Certified County Environmental Health Act Agency.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 51 - CHILDHOOD ELEVATED BLOOD LEAD LEVELS › Subchapter 7 - PROCEDURES FOR ABATEMENT AND/OR INTERIM CONTROLS OF LEAD HAZARDS › Section 8:51-7.1 - Responsibility for abatement and/or interim controls of lead hazards and ongoing maintenance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner, or the owner's agent, if the owner
				cannot be contacted, of a property found to have lead hazards in violation of this
				chapter shall be responsible for performing, or arranging for, abatement and/or
				interim controls of the lead hazards, and the expenses associated therewith,
				including removal of the hazards, disposal of waste products, protection or
				relocation of dwelling occupants, if required, and ongoing maintenance of any
				remaining lead-based paint.
1. In cases where a
				lead hazard condition poses an immediate risk of continuing exposure for children,
				the property owner shall relocate occupants immediately upon receipt of the
				determination made by the local board of health to comparable lead safe housing
				until the completion of abatement and/or interim controls work.
i. In cases where a lead hazard condition poses an
				immediate risk of continuing exposure for children, and the housing unit is a
				rental, the requirements set forth at 52:27D-437.8 for relocation determination and
				assistance shall apply.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 51 - CHILDHOOD ELEVATED BLOOD LEAD LEVELS › Subchapter 7 - PROCEDURES FOR ABATEMENT AND/OR INTERIM CONTROLS OF LEAD HAZARDS › Section 8:51-7.2 - Construction permit required for abatement of lead hazards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The person(s)
				performing the abatement of lead hazards shall:
1.
				Obtain a construction permit for this work in accordance with N.J.A.C. 5:23, Uniform
				Construction Code; and
2. File a 10-day
				notice with the Department of Community Affairs in accordance with N.J.A.C. 5:17,
				Lead Hazard Abatement and Evaluation Code.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 51 - CHILDHOOD ELEVATED BLOOD LEAD LEVELS › Subchapter 7 - PROCEDURES FOR ABATEMENT AND/OR INTERIM CONTROLS OF LEAD HAZARDS › Section 8:51-7.3 - Procedures and work practices for abatement and interim controls

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All abatement work
				to remove lead hazards shall conform to the procedures and work practices specified
				in N.J.A.C. 5:17.
(b) All interim
				controls for exterior lead hazards identified shall conform to the procedures and
				work practices specified in
				8:51-6.2(c).
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 51 - CHILDHOOD ELEVATED BLOOD LEAD LEVELS › Subchapter 7 - PROCEDURES FOR ABATEMENT AND/OR INTERIM CONTROLS OF LEAD HAZARDS › Section 8:51-7.4 - Protection of dwelling occupants during abatement and interim controls work

Current through Register Vol. 56, No. 14, July 15, 2024
(a) During the period of
				time when abatement work is being performed, the owner shall make provisions for the
				relocation or protection of all occupants of the dwelling, and their possessions, in
				accordance with N.J.A.C. 5:17.
(b)
				During the period of time when interim controls work is being performed, the
				occupants shall remain outside the work area.
1.
				Occupants will not be required to relocate if all the following conditions are met:
i. The work is completed and cleared within five
				calendar days according to the scope of the work as set forth at
				8:51-7.1(a)3;
ii. The work area is contained;
iii. At the end of each work day, the area within
				10 feet of the containment area is cleaned to remove any visible dust or debris;
				and
iv. Occupants have safe access to
				sleeping areas, bathrooms and kitchen facilities.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 51 - CHILDHOOD ELEVATED BLOOD LEAD LEVELS › Subchapter 7 - PROCEDURES FOR ABATEMENT AND/OR INTERIM CONTROLS OF LEAD HAZARDS › Section 8:51-7.5 - Violations of work practice standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The local board of
				health shall monitor all abatement and/or interim controls work that it has
				ordered.
(b) The local board of health
				shall ensure that:
1. The person performing
				abatement obtained a permit and sent a 10-day notice to the Department of Community
				Affairs pursuant to
				8:51-7.2;
2. Occupancy is appropriate for the work level;
				and
3. The person performing abatement
				obtained a clearance certificate.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 51 - CHILDHOOD ELEVATED BLOOD LEAD LEVELS › Subchapter 8 - REINSPECTION AND APPROVAL OF COMPLETION OF ABATEMENT AND/OR INTERIM CONTROLS OF LEAD HAZARDS › Section 8:51-8.1 - Reinspection

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon completion of
				abatement and/or interim controls work and prior to refinishing, the local board of
				health shall make a reinspection to determine if the hazard has been satisfactorily
				eliminated.
1. The local board of health shall
				conduct an onsite inspection of the completed abatement and/or interim controls work
				to ensure that all lead hazards identified on the notice of violation have been
				treated.
2. The local board of health
				shall issue a written acceptance of the work for the purposes of authorizing the
				local construction official to close the permit in accordance with N.J.A.C.
				5:23.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 51 - CHILDHOOD ELEVATED BLOOD LEAD LEVELS › Subchapter 8 - REINSPECTION AND APPROVAL OF COMPLETION OF ABATEMENT AND/OR INTERIM CONTROLS OF LEAD HAZARDS › Section 8:51-8.2 - Clearance testing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner shall
				obtain independent clearance testing, within 30 days from the final cleaning,
				through the services of a lead inspector/risk assessor certified by the Department,
				to determine compliance with clearance criteria.
1. The certified lead inspector/risk assessor
				shall be prohibited from being paid, employed or otherwise compensated by the
				contractor that performed the abatement and/or interim controls.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 51 - CHILDHOOD ELEVATED BLOOD LEAD LEVELS › Subchapter 9 - ENFORCEMENT › Section 8:51-9.1 - Penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person who
				violates any provision of this chapter or who refuses to comply with an order or a
				directive of the Department or local board of health, shall be liable for penalties
				set forth at 26:1A-10, through injunctive action,
				and/or as otherwise provided by law.
1. The
				Department shall issue a written notification to a local board of health and/or a
				local health officer that fails to comply with this chapter or refuses to comply
				with an order or a directive of the Department prior to initiating any other
				enforcement action.
2. The Department
				may also report a health officer's failure to comply with the provisions of this
				chapter or with an order or a directive of the Department to the Department's Public
				Health Licensing and Examination Board, which may initiate disciplinary actions as
				set forth at 8:7-1.7 and
				26:1A-43.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 51 - CHILDHOOD ELEVATED BLOOD LEAD LEVELS › Subchapter 10 - CHILDHOOD LEAD POISONING INFORMATION DATABASE › Section 8:51-10.1 - Childhood Lead Information Database

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall
				implement and operate a web-based Childhood Lead Information Database (the database)
				applicable to childhood elevated blood lead level referrals and cases initiated
				pursuant to this chapter.
(b) The
				Department's purpose of the database is to:
1. Make
				referrals to local boards of health;
2.
				Maintain a central location for local board of health case managers, environmental
				inspectors, and local board of health staff members to document and track their case
				management activities and environmental interventions activities;
3. Collect, maintain, and track Statewide
				childhood elevated blood lead level data, case management activities and
				environmental intervention activities;
4. Conduct surveillance activities based on the
				reported data;
5. Report non-identifying
				data to the following Federal agencies: Centers for Disease Control (CDC), Housing
				and Urban Development (HUD), and the Environmental Protection Agency
				(EPA);
6. Utilize the collected data, in
				a non-identifying manner, to publish an annual report, apply for funding for the
				Department's lead program or satisfy requirements of a funding source of the lead
				program; and
7. Share data with other
				Federal and State agencies according to the terms and conditions of the data sharing
				Memorandum of Agreement (MOA) between the Department and those agencies.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 51 - CHILDHOOD ELEVATED BLOOD LEAD LEVELS › Appendix A

Current through Register Vol. 56, No. 14, July 15, 2024
HAZARD ASSESSMENT QUESTIONNAIRE
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New Jersey Administrative Code › Title 8 - HEALTH › Chapter 51 - CHILDHOOD ELEVATED BLOOD LEAD LEVELS › Appendix G

Current through Register Vol. 56, No. 14, July 15, 2024
CHILDHOOD LEAD POISONING HOME VISIT
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New Jersey Administrative Code › Title 8 - HEALTH › Chapter 51A - SCREENING OF CHILDREN FOR ELEVATED BLOOD LEAD LEVELS › Subchapter 1 - GENERAL PROVISIONS › Section 8:51A-1.1 - Scope and applicability

Current through Register Vol. 56, No. 14, July 15, 2024
The rules in this chapter apply to physicians, registered
				  professional nurses, as appropriate, and licensed health care facilities that
				  provide services to children less than 72 months of age, and to licensed clinical
				  laboratories that perform blood lead testing and to facilities that perform blood
				  lead testing using tests approved for waiver under CLIA.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 51A - SCREENING OF CHILDREN FOR ELEVATED BLOOD LEAD LEVELS › Subchapter 1 - GENERAL PROVISIONS › Section 8:51A-1.2 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this chapter is to protect children less than 72
				  months of age from the toxic effects of lead exposure by requiring lead screening
				  pursuant to N.J.S.A. 26:2-137.2 et seq. ( P.L.
				  1995, c. 328).
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 51A - SCREENING OF CHILDREN FOR ELEVATED BLOOD LEAD LEVELS › Subchapter 1 - GENERAL PROVISIONS › Section 8:51A-1.3 - 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.
"Anticipatory guidance" means the provision of information
				  regarding the major causes of elevated blood lead levels and the means of preventing
				  lead exposure to parents or guardians of children less than 72 months of age.
"CLIA" means the New Jersey Clinical Laboratory Improvement Act,
				  found at N.J.S.A. 45:9-42.26et seq.
"Commissioner" means the Commissioner of the New Jersey Department
				  of Health.
"Confirmed elevated blood lead" means a blood lead test result on
				  a venous blood sample equal to or greater than five micrograms per deciliter (g/dL)
				  of whole blood.
"Currently accepted medical guidelines" means that version of
				  guidelines for the medical treatment of children with elevated blood lead levels
				  most recent to the time of evaluation, treatment, and follow-up, published by a
				  public health agency other than the Department, or recognized medical professional
				  organization or agency, including the United States Centers for Disease Control and
				  Prevention, the New Jersey Physicians Lead Advisory Committee, and the American
				  Academy of Pediatrics.
"Department" means the New Jersey Department of Health.
"Elevated blood lead" means a blood lead test result, from either
				  a venous or capillary sample, equal to or greater than five micrograms per deciliter
				  (g/dL) of whole blood.
"Environmental follow-up" means actions taken by a local health
				  department to identify and remediate lead hazards in the environment of a child with
				  elevated blood lead in accordance with Chapter XIII of the New Jersey State Sanitary
				  Code, N.J.A.C. 8:51, as amended and supplemented.
"Health care facility" means a facility licensed to perform health
				  care services pursuant to 26:2H-1 et seq., as amended and supplemented.
"Lead screening" means the taking of a blood sample from a person
				  by either fingerstick (capillary blood) or venipuncture (venous blood) and its
				  analysis by a licensed clinical laboratory to determine the person's blood lead
				  level.
"Micrograms per deciliter" or "g/dL" means a unit of measure to
				  express the ratio of millionths of a gram of lead in one-tenth of a liter of whole
				  blood.
"Registered professional nurse, as appropriate" means a registered
				  nurse, licensed by the New Jersey Board of Nursing, who would be permitted to
				  perform lead screening on his or her own authority as authorized by the Board of
				  Nursing.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 51A - SCREENING OF CHILDREN FOR ELEVATED BLOOD LEAD LEVELS › Subchapter 2 - SCREENING › Section 8:51A-2.1 - Periodic Environmental Assessment and anticipatory guidance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every physician,
				registered professional nurse, as appropriate, or health care facility that provides
				health care services to a child who is at least six months of age, but less than 72
				months of age, shall:
1. Inquire if the child has
				been appropriately assessed and screened for elevated blood lead levels in
				accordance with this chapter;
2. If a
				Periodic Environmental Assessment (PEA) has not been performed within the 12 months
				prior to the provision of services, perform a PEA and place the written notes from
				such assessment in the medical record. The PEA shall include, at a minimum,
				questions to determine:
i. Whether the child
				resides in, or frequently visits, a house built before 1960 in which the paint is
				peeling, chipping, or otherwise deteriorated, or where renovation work has recently
				been performed that involved the removal or disturbance of paint; and
ii. Whether the child resides with an adult who is
				engaged in an occupation or hobby where lead or material containing lead is used;
				and
3. Provide the parent or
				guardian of each child with anticipatory guidance on preventing elevated blood lead
				levels.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 51A - SCREENING OF CHILDREN FOR ELEVATED BLOOD LEAD LEVELS › Subchapter 2 - SCREENING › Section 8:51A-2.2 - Lead screening schedule

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every physician, registered professional
				nurse, as appropriate, or health care facility, unless exempt pursuant to
				N.J.A.C.
				8:51A-2.3, shall perform lead screening on each
				patient who is at least six months and less than 72 months of age according to the
				following schedule:
1. Lead screening shall be
				performed on each child:
i. Between nine and 18
				months of age, preferably at, or as close as possible to, 12 months of age;
				and
ii. Between 18 and 26 months of age,
				preferably at, or as close as possible to, 24 months of age. The second test shall
				be performed no sooner than six months following the first test.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 51A - SCREENING OF CHILDREN FOR ELEVATED BLOOD LEAD LEVELS › Subchapter 2 - SCREENING › Section 8:51A-2.3 - Exemptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A physician,
				registered professional nurse, as appropriate, or health care facility shall be
				exempt from the requirements of
				8:51A-2.2 under the following
				circumstances:
1. If the physician, registered
				professional nurse, as appropriate, or health care facility does not have the
				capability to inform the parents or guardians of the blood lead test result and to
				ensure follow-up treatment in accordance with
				8:51A-4.1 and 4.2. Any physician,
				registered professional nurse, as appropriate, or health care facility that is
				exempt under this section shall make a referral for screening, in writing, to the
				child's primary health care provider. If the child has no primary health care
				provider, a referral shall be made, in writing, to another health care provider, or
				to the local health department which has jurisdiction over the municipality in which
				the child lives for lead screening in accordance with these rules;
2. If a parent or legal guardian of a child
				refuses, for any reason, to have a lead screening test performed on their child.
				Such refusal shall be documented in writing on a form or document signed by the
				parent or legal guardian, and kept with the medical record of the child;
				or
3. If a child is brought to a
				physician, registered professional nurse, as appropriate, or health care facility
				for treatment of an emergency and, in the judgment of the provider, performing lead
				screening would interfere with the prompt treatment of the emergency.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 51A - SCREENING OF CHILDREN FOR ELEVATED BLOOD LEAD LEVELS › Subchapter 3 - SPECIMEN COLLECTION AND LABORATORY TESTING › Section 8:51A-3.1 - Specimen collection

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Screening for elevated blood lead levels shall
				be by blood lead test.
(b) Venous blood
				is the preferred specimen for blood lead analysis and should be used for lead
				measurement whenever practicable.
(c) A
				capillary blood specimen collected by fingerstick is acceptable for lead screening,
				if appropriate collection procedures are followed to minimize the risk of
				environmental lead contamination.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 51A - SCREENING OF CHILDREN FOR ELEVATED BLOOD LEAD LEVELS › Subchapter 3 - SPECIMEN COLLECTION AND LABORATORY TESTING › Section 8:51A-3.2 - Laboratory testing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All blood lead samples collected for lead
				screening in accordance with this chapter shall be sent for testing to a clinical
				laboratory licensed by the Department in accordance with N.J.A.C. 8:44-2, or to a
				facility that performs blood lead testing using tests approved for waiver under
				CLIA.
(b) Laboratories shall report the
				results of blood lead testing to the Department in accordance with
				N.J.A.C.
				8:44-2.11.
(c) Facilities that perform blood lead testing
				using tests approved for waiver under CLIA shall report the results of blood lead
				testing to the Department in the same manner as laboratory supervisors in accordance
				with N.J.A.C.
				8:44-2.11.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 51A - SCREENING OF CHILDREN FOR ELEVATED BLOOD LEAD LEVELS › Subchapter 4 - FOLLOW-UP OF LEAD SCREENING RESULTS › Section 8:51A-4.1 - Reporting of lead screening results

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each physician,
				registered professional nurse, as appropriate, or health care facility that screens
				a child for elevated blood lead levels shall provide the parent or legal guardian
				with the results of the blood lead test and an explanation of the significance of
				the results.
(b) For each child who has
				a blood lead test, on a venous blood sample, greater than or equal to five
				micrograms per deciliter, the physician, registered professional nurse, as
				appropriate, or health care facility shall notify in writing, the child's parent or
				guardian of the test results and provide the parent or guardian with an explanation
				in plain language of the significance of the results.