Cal. Civ. Code § 5:17-3.1

Contract documents--testing and evaluation

In Force
Verified 11/3/2026 · Next check 11/10/2026
New JerseyHabitability & Repair

Operative Text

Cal. Civ. Code § 5:17-3.1
(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.
(b) Prior to testing and evaluation, an inspector/risk assessor shall inform the owner that all testing and evaluation can be forgone if all painted surfaces are to be abated as if they were covered with lead-based paint.
(c) For residential structures, the inspector/risk assessor shall first determine if the structure pre-dates 1978. For structures built on or after January 1, 1978, no testing/evaluation shall be performed unless the owner acknowledges in writing that he or she has been informed that such structures are considered lead-safe and that the owner is requesting testing/evaluation as a special precaution.
(d) If an inspector/risk assessor determines that a residential structure was built before 1978 and finds that all painted surfaces are in intact condition, he or she shall offer to perform a less comprehensive lead screening prior to deciding whether to recommend further testing or evaluation.
1. The cost of the screenings shall be disclosed.
2. Lead screening shall be performed in accordance with U.S. Environmental Protection Agency rules (40 CFR 745) included here as subchapter Appendix 3-A, incorporated herein by reference.
i. At the owner's option, or if otherwise required by law, the screening may include a survey for proximate environmental lead sources and soil, water or air tests for lead. However, if the inspector/risk assessor undertakes these additional tests, a signed statement shall be required from the owner acknowledging that he or she has been informed that these tests, absent other evidence of contamination, are not currently required under Federal or State law.
(e) In the case of lead evaluation performed in connection with a lease or transfer of real estate subject to the Federal Requirements for Disclosure of Known Lead-Based Paint Hazards in Housing, if the results of initial testing or screening are negative (no lead-based paint is detected), then no risk assessment or further testing shall be recommended by the contractor performing this evaluation.
1. The contractor shall obtain authorization from the owner or client before proceeding with a risk assessment.
(f) A copy of the firm's certification and/or qualifications shall be supplied at the owner's request.
Source: Legislative text reproduced verbatim
Plain English

N.J.A.C. § 5:17-3.1 establishes the contractual and procedural requirements that must be in place before any lead-based paint testing or risk assessment begins on a residential or other covered structure. The rule requires that a written contract spell out the scope, methods, duration, cost, and type of services to be performed, and it sets specific conditions for structures built before or after 1978. It also outlines when further testing may or may not be recommended, including a prohibition on recommending additional risk assessment after a negative initial result in certain real estate transaction contexts.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 3, 2026

Plain English — not legal advice.

For Property Managers

Under N.J.A.C. § 5:17-3.1, property owners engaging an inspector or risk assessor for lead testing are entitled to receive a written contract before any work begins, detailing the scope, sampling methods, estimated cost and duration, and the type of services being provided. Owners of structures built on or after January 1, 1978, must sign a written acknowledgment that such structures are considered lead-safe before any testing proceeds. Compliant operators also ensure they understand whether any recommended additional testing is required by law versus being offered as a precaution, and they retain the right to request a copy of the firm's certification or qualifications at any time.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

N.J.A.C. § 5:17-3.1 provides occupants of residential structures with certain protections during the lead testing and evaluation process, including the requirement that any special responsibilities or precautions relevant to occupants be disclosed in the contract before testing begins. Tenants in buildings subject to lead evaluation connected to a lease or real estate transfer should be aware that if initial testing returns a negative result, no further risk assessment is to be recommended without the owner's separate authorization. Tenants who believe these procedural requirements were not followed may wish to consult a tenant-rights organization, contact the New Jersey Department of Community Affairs, or explore whether a violation of these rules can be raised in a relevant proceeding.

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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Related Rules

§ 244.260
Compliance required
§ 14.567
ADOPTED BY REFERENCE
§ 244.340
Sewer and water connections