Cal. Civ. Code § 5:17-1.1
Title; scope; intent
Operative Text
(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 (N.J.S.A. 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.
N.J.A.C. § 5:17 establishes the regulatory framework for controlling lead-based paint hazards in New Jersey, covering both the abatement of those hazards and the certification of contractors who evaluate or perform abatement work. The chapter is designed to protect public safety and health without conflicting with federal OSHA construction standards at 29 C.F.R. 1926.62. Physical remediation work—such as removal, encapsulation, or enclosure of lead-based paint or lead-contaminated soil—requires a construction permit under the State Uniform Construction Code Act, and when a child is found to have an elevated blood lead level, the State Sanitary Code (N.J.A.C. 8:51) governs the inspection and abatement of the implicated premises.
Plain English — not legal advice.
Property owners and managers overseeing residential units in New Jersey should be aware that N.J.A.C. § 5:17 governs the certification requirements for any contractor hired to evaluate or abate lead-based paint hazards on their properties. Compliant operators generally ensure that any physical remediation work—removal, encapsulation, repair, or enclosure of lead-based paint or lead-contaminated soil—is accompanied by a construction permit issued under the State Uniform Construction Code Act before work begins. When a child with an elevated blood lead level is linked to a property, operators should understand that N.J.A.C. 8:51 (the State Sanitary Code) takes precedence for inspection, risk assessment, and abatement requirements in that situation.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in New Jersey housing have an interest in knowing that N.J.A.C. § 5:17 sets the rules for how lead-based paint hazards must be addressed and who is qualified to do that work. If a child in the household has been identified with an elevated blood lead level, the State Sanitary Code at N.J.A.C. 8:51 controls the inspection and abatement process for the premises, which may provide additional protections and enforcement pathways. Tenants who believe lead hazards are not being properly addressed can explore options such as contacting the New Jersey Department of Community Affairs, reaching out to a local tenant-rights organization, or raising the issue with the relevant health authority under N.J.A.C. § 5:17.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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