Cal. Civ. Code § 5:17-3.2
Testing and evaluation
Operative Text
(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, N.J.A.C. 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 N.J.A.C. 5:17-1.3; and 3. Rules adopted by the U.S. Environmental Protection Agency at 40 C.F.R. 745. (b) For testing and evaluation undertaken at the owner's option, the extent of the testing and evaluation to be performed shall be as defined in the contract with the owner as per N.J.A.C. 5:17-3.1(a)1. The standards listed in (a) above shall dictate the method of testing and sample collection. They shall serve as a guide for the number and location of samples to be taken. The actual number and location of samples taken shall be as per the contract with the owner or client. (c) For testing and evaluation undertaken for the purpose of complying with the requirements of N.J.A.C. 5:10-6.6, 5:15-4.2, 5:27-4.10, 5:28-2.1 or of any other applicable maintenance code, the method of testing and evaluation and the number and location of samples to be tested shall be in accordance with the standards listed in (a) above and shall include the elements prescribed in the appendices listed below. 1. Lead screening for this purpose shall be performed in accordance with the rules adopted by the U.S. Environmental Protection Agency at 40 C.F.R. 745, included as subchapter Appendix 3-A. 2. Risk assessment for this purpose shall be performed in accordance with the rules adopted by the U.S. Environmental Protection Agency at 40 C.F.R. 745, included as subchapter Appendix 3-B, incorporated herein by reference. For purposes of performing a risk assessment, "floors," as specified in 40 C.F.R. 745.227(d), shall include both carpeted and uncarpeted surfaces. (d) The inspector/risk assessor shall disclose sample sites to the owner and to any tenants. Owner-occupants or tenants shall be given an opportunity to show the inspector/risk assessor areas which they suspect to be lead hazards. The inspector/risk assessor shall confirm the location and use of rooms with the occupants. (e) For investigations performed by local health departments involving a child with an elevated blood lead level, Department of Health rules, N.J.A.C. 8:51, shall govern.
N.J.A.C. § 5:17-3.2 establishes the technical standards that must govern all lead-related testing and evaluation activities in New Jersey residential settings. Depending on the purpose of the testing — whether voluntary, required by a maintenance code, or triggered by a child's elevated blood lead level — different combinations of HUD Guidelines, Steel Structures Painting Council guidelines, and U.S. EPA rules at 40 C.F.R. 745 apply. The provision also requires that inspectors disclose sample sites to both owners and tenants and give occupants an opportunity to identify areas they suspect contain lead hazards. Post-abatement clearance testing must additionally follow N.J.A.C. 5:17-9.1.
Plain English — not legal advice.
Under N.J.A.C. § 5:17-3.2, property owners who commission lead testing and evaluation — whether voluntarily or to satisfy a maintenance code requirement — must ensure that the work is carried out in accordance with the applicable federal and industry standards referenced in the provision. When testing is owner-initiated, the scope, number, and location of samples are generally defined in the contract with the testing professional, though the referenced standards still govern the method and sample collection approach. Compliant operators also ensure that their inspector or risk assessor discloses sample sites to all occupants and gives tenants a chance to point out areas of concern before sampling is completed.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.J.A.C. § 5:17-3.2 gives tenants a procedural right to participate in the lead testing process: the inspector or risk assessor is required to disclose where samples will be taken and to give occupants an opportunity to identify areas they believe may be lead hazards. If testing is being conducted to comply with a maintenance code such as N.J.A.C. 5:10-6.6 or 5:15-4.2, the method and scope of that testing must meet the federal and industry standards listed in the provision, not just whatever the owner prefers. Tenants who believe these procedural requirements were not followed may consider contacting the U.S. Environmental Protection Agency, a local health department, or a tenant-rights organization to understand available options.
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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