Cal. Civ. Code § 5:17-7.1
Soil interim controls or abatement
Operative Text
(a) An inspector/risk assessor shall fulfill the requirements as described in (b) and (c) below only if any of these conditions exist: 1. A site to be remediated contains bare play areas which are designated play areas or which contain children's play equipment or which areas are commonly used and known to be used by children as play areas; 2. Lead based paint is known or suspected to be on a building exterior and is known or suspected to be a health hazard or source of interior contamination; 3. Soil is known or suspected from prior usage to be contaminated with lead; or 4. The owner requests soil testing. (b) The inspector/risk assessor shall recommend a soil sampling strategy of at least the following: 1. For a residential yard or playground, a composite sample of no more than 10 sub-samples of bare play areas if there are such areas; 2. A composite sample of no more than 10 sub-samples for a residential, daycare or school building along the building drip line; 3. A sample method to collect the top one-half inch of soil from areas to be sampled, and to include, but not oversample, paint chips or other contaminated debris in the soil; and 4. For sites other than residential, daycare or school uses, the inspector/risk assessor shall work with the owner to recommend an appropriate strategy. (c) After receiving results of the sampling in (b) above from a qualified NLLAP certified laboratory or an equivalent independent national accreditation program, the inspector/risk assessor shall recommend at least the following interim controls or permanent abatement strategy: 1. Any areas testing more than or equal to 5,000 [mu] g/g lead shall be permanently abated by a method such as soil removal or paving; however, this requirement shall not supersede any Federal or State regulation which applies to any designated waste site or industrial area; 2. Any area expected to be used by children testing between 2,000 [mu] g/g and 5,000 [mu] g/g shall be permanently abated by a method such as paving over or soil removal. Areas where contact by children is unlikely may be treated with interim controls; and 3. Any area expected to be used by children testing between 400 [mu] g/g and 2,000 [mu] g/g shall be permanently abated as noted in (c)1 or 2 above, or may be subjected to interim controls. i. Interim controls may include a change in usage pattern by moving play equipment, walkways or the like and planting thorny bushes or other ground cover, or installing fencing or other barriers to prevent use of contaminated areas. ii. In low traffic areas, live ground cover, such as grass or shrubbery, or other cover such as clean soil, bark, or gravel may be used as an interim control. Clean soil or other cover shall be at least six inches in depth and shall be shown to contain not more than 200 [mu] g/g of lead. iii. A plan for interim controls shall include a maintenance schedule to monitor use and to ensure that plantings and installations remain in place. (d) After receiving results of the sampling in (b) above from a qualified NLLAP certified laboratory or an equivalent independent national accreditation program, the inspector/risk assessor shall recommend interim controls or permanent abatement, at the site of residential buildings or other child occupied facilities, so that: 1. The arithmetic mean of children's bare soil play areas shall be less than 400 [mu] g/g of lead when composites are analyzed; 2. The arithmetic mean of all other bare soil areas shall be less than 1,200 [mu] g/g of lead when composites are analyzed; and 3. Any soil removed pursuant to (d)1 or 2 above shall not be used as topsoil at any residential site or at the site of any child occupied facility.
N.J.A.C. § 5:17-7.1 establishes a framework for how inspectors and risk assessors must evaluate and address lead contamination in soil at residential properties, daycare facilities, schools, and playgrounds. When certain trigger conditions exist—such as bare play areas used by children, suspected lead-based paint on building exteriors, or known soil contamination—the rule requires a structured soil sampling process followed by specific remediation recommendations tied to measured lead concentrations. Depending on the level of lead found, the rule calls for either permanent abatement methods like soil removal or paving, or interim controls such as ground cover, fencing, or changes in how an area is used.
Plain English — not legal advice.
Property owners subject to N.J.A.C. § 5:17-7.1 generally work with a qualified inspector or risk assessor to determine whether soil testing is required based on the conditions described in the regulation, including the presence of bare play areas or suspected lead sources. Compliant operators ensure that any soil sampling is conducted according to the composite sampling strategy outlined in the rule and that results are analyzed by an NLLAP-certified laboratory or equivalent accredited program. When remediation is required, operators typically implement the abatement or interim control measures recommended by the inspector/risk assessor—such as soil removal, paving, or installation of approved ground cover—and maintain any interim controls according to a documented maintenance schedule as required under § 5:17-7.1(c).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.J.A.C. § 5:17-7.1 is designed to protect occupants, particularly children, from lead-contaminated soil at residential properties and child-occupied facilities. Tenants who are concerned that bare play areas or exterior soil near their building may contain lead can ask whether an inspector or risk assessor has evaluated the property under this regulation and whether any required remediation has been completed. Those who believe the rule's requirements have not been followed may consider contacting the New Jersey Department of Community Affairs, consulting a local tenant-rights organization, or exploring whether a violation of § 5:17-7.1 may be relevant to any existing housing complaint or 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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