Cal. Civ. Code § 5:17-3.4
Additional testing requirements
Operative Text
(a) XRF testing shall be performed in compliance with the HUD Guidelines and with N.J.A.C. 7:28-4 using accepted manufacturers' recommended calibration techniques and substrate corrections. (b) Dust wipe sampling shall be done as per the HUD Guidelines and any requirements imposed by the certified laboratory that will analyze the samples. (c) Anodic stripping voltammetry (ASV) may be used to test surfaces in accordance with manufacturer's recommendations, ASTM standard E2051-01, and any applicable Federal protocols that may be developed. (d) Carpet shall be tested by dust wipe, by vacuum sampling in accordance with the U.S. Environmental Protection Agency report "Residential Sampling for Lead: Protocols for Dust and Soil Sampling," March 29, 1995, incorporated herein by reference. The report may be ordered through the US EPA website www.epa.gov/opptintr/lead/leadtpbf.htm. (e) An inspector/risk assessor or an owner or occupant may use chemical spot tests for initial pre-tests; however, chemical spot tests shall not form the basis of any screening, testing or evaluation or abatement activity performed under this chapter. (f) Any other test methods may be used if documentation is first submitted to the Department, and the Department, based on test data or acceptance by a Federal authority, approves the method for use.
N.J.A.C. § 5:17-3.4 establishes the specific testing methods that must be used when evaluating residential properties for lead-based paint hazards in New Jersey. Accepted methods include XRF testing, dust wipe sampling, anodic stripping voltammetry, and vacuum sampling for carpets, each governed by referenced federal guidelines, laboratory requirements, and manufacturer standards. Chemical spot tests are permitted only as informal pre-screening tools and cannot serve as the basis for any official lead hazard determination or abatement decision. Any testing method not listed in the regulation requires prior written approval from the New Jersey Department of Community Affairs.
Plain English — not legal advice.
Under N.J.A.C. § 5:17-3.4, compliant property owners and managers ensure that any lead testing conducted on their properties uses only the methods specifically authorized by this section — such as XRF testing aligned with HUD Guidelines, certified-laboratory-compliant dust wipe sampling, or EPA-protocol vacuum sampling for carpeted areas. Operators working with inspectors or risk assessors generally confirm that the chosen method meets the applicable federal standards and manufacturer calibration requirements referenced in the regulation. If a non-standard testing method is being considered, the regulation requires that documentation be submitted to the Department and formal approval obtained before that method is used.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.J.A.C. § 5:17-3.4 gives tenants a basis for understanding what constitutes a valid lead hazard evaluation in their home — specifically, that chemical spot tests alone are not sufficient to support any official screening, risk assessment, or abatement determination. If a tenant believes that lead testing performed in their unit did not follow the methods required by this section, they may raise that concern with the New Jersey Department of Community Affairs or consult a tenant-rights organization familiar with lead paint regulations. The U.S. Environmental Protection Agency's resources, referenced directly in this provision, can also help tenants understand the sampling protocols that should be followed.
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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