Cal. Civ. Code § 5:17-3.3
Certification to perform evaluation services; standards
Operative Text
(a) All evaluation and testing for lead based paint hazards shall be conducted by inspector/risk assessors trained as per N.J.A.C. 8:62 and certified pursuant to these regulations. 1. For lead hazard abatement performed in response to an evaluation done in connection with a lease or transfer of real estate subject to the Federal Requirements for Disclosure of Known Lead Based Paint and/or Lead Based Paint Hazards in Housing (24 C.F.R. Part 38 and 40 C.F.R. Part 745), the clearance testing shall be performed by the same contractor that performed the initial evaluation or by another evaluation contractor of the buyer's choice. (b) All laboratories which process or evaluate samples shall be recognized under the USEPA National Lead Laboratory Accreditation Program (NLLAP) or an equivalent independent national accreditation program, to analyze lead in paint, dust and soil samples. (c) The contractor shall allow the Department access to the job site at any time while evaluation is ongoing. The contractor shall also make available to the Department, upon request, any documentation relevant to the job. The Department of Health shall be accorded the same access to job sites and documentation in administering its enforcement responsibilities.
N.J.A.C. § 5:17-3.3 establishes who may conduct lead-based paint evaluations and testing in New Jersey and what standards those parties must meet. Only inspector/risk assessors trained under N.J.A.C. 8:62 and certified under these regulations may perform evaluation and testing for lead-based paint hazards. Laboratories that process samples must hold accreditation under the EPA's National Lead Laboratory Accreditation Program or an equivalent program. When abatement follows an evaluation tied to a real estate lease or sale covered by federal disclosure rules, clearance testing must be done by the original evaluation contractor or another contractor chosen by the buyer.
Plain English — not legal advice.
Under N.J.A.C. § 5:17-3.3, property owners and managers are generally expected to hire only certified inspector/risk assessors—trained per N.J.A.C. 8:62—when arranging lead-based paint evaluations or testing. Compliant operators also ensure that any laboratory processing samples holds NLLAP accreditation or an equivalent national accreditation. Operators should be aware that both the New Jersey Department of Community Affairs and the Department of Health may access the job site and request documentation at any time during an evaluation, so maintaining thorough records is a standard practice.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.J.A.C. § 5:17-3.3 gives tenants and buyers a stake in who performs lead-based paint clearance testing: when abatement follows an evaluation connected to a lease or real estate transfer subject to federal lead disclosure requirements, the buyer has the right to choose the clearance testing contractor if a different one is used. Tenants who believe evaluation or testing was conducted by uncertified personnel, or that samples were processed by an unaccredited laboratory, may raise these concerns with the New Jersey Department of Community Affairs or the Department of Health, both of which hold enforcement access under this provision. Tenant-rights organizations and legal aid offices can help individuals understand how this certification requirement intersects with their specific housing situation.
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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