Cal. Civ. Code § 5:17-App.3-B
APPENDIX 3-B
Operative Text
RISK ASSESSMENT (New Jersey Requirements Added in Italics) 40 CFR 745.227(d), Work practice standards for conducting lead-based paint activities: target housing and child-occupied facilities, Risk assessment 745.227(d) Risk assessment (1) A risk assessment shall be conducted only by a person certified pursuant to N.J.A.C. 5:17. (2) A visual inspection for risk assessment of the residential dwelling or child-occupied facility shall be undertaken to locate the existence of deteriorated paint, assess the extent and causes of the deterioration, and other potential lead-based paint hazards. (3) Background information regarding the physical characteristics of the residential dwelling or child-occupied facility and occupant use patterns that may cause lead-based paint exposure to one or more children age 6 years and under shall be collected. (4) The following surfaces which are determined, using documented methodologies, to have a distinct painting history, shall be tested for the presence of lead: (i) Each friction surface or impact surface with visibly deteriorated paint; and (ii) All other surfaces with visibly deteriorated paint. (5) In residential dwellings, dust samples (either composite or single-surface samples) from the interior window sill(s) and floor shall be collected and analyzed for lead concentration in all living areas where one or more children, age 6 and under, are most likely to come into contact with dust. (6) For multi-family dwellings and child-occupied facilities, the samples required in paragraph (d)(4) of this section shall be taken. In addition, interior window sill and floor dust samples (either composite or single-surface samples) shall be collected and analyzed for lead concentration in the following locations: (i) Common areas adjacent to the sampled residential dwelling or child-occupied facility; and (ii) Other common areas in the building where the risk assessor determines that one or more children, age six and under, are likely to come into contact with dust. (7) For child-occupied facilities, interior window sill and floor dust samples (either composite or single-surface samples) shall be collected and analyzed for lead concentration in each room, hallway or stairwell utilized by one or more children, age 6 and under, and in other common areas in the child-occupied facility where one or more children, age 6 and under, are likely to come into contact with dust. (8) Soil samples shall be collected and analyzed for lead concentrations in the following locations: (i) Exterior play areas where bare soil is present; (ii) The rest of the yard (i.e., nonplay areas) where bare soil is present; and (iii) Dripline/foundation areas where bare soil is present. (9) Any paint, dust, or soil sampling or testing shall be conducted using documented methodologies that incorporate adequate quality control procedures. (10) Any collected paint chip, dust, or soil samples shall be analyzed by persons certified pursuant to N.J.A.C. 5:17 and analyzed in accordance with N.J.A.C. 5:17-3, Evaluation and Testing. (11) The certified risk assessor shall prepare a risk assessment report which shall include the following information: (i) Date of assessment. (ii) Address of each building. (iii) Date of construction of buildings. (iv) Apartment number (if applicable). (v) Name, address, and telephone number of each owner of each building. (vi) Name, signature, and certification of the certified risk assessor conducting the assessment. (vii) Name, address, and telephone number of the certified firm employing each certified risk assessor. (viii) Name, address, and telephone number of each recognized laboratory conducting analysis of collected samples. (ix) Results of the visual inspection. (x) Testing methods and sampling procedure for paint analysis employed. (xi) Specific locations of each painted component tested for the presence of lead. (xii) All data collected from on-site testing, including quality control data and, if used, the serial number of any XRF device. (xiii) All results of laboratory analysis on collected paint, soil, and dust samples. (xiv) Any other sampling results. (xv) Any background information collected pursuant to paragraph (d)(3) of this section. (xvi) To the extent that they are used as part of the lead-based paint hazard determination, the results of any previous inspections or analyses for the presence of lead-based paint, or other assessment of lead-based paint-related hazards. (xvii) A description of the location, type, and severity of identified lead-based paint hazards and any other potential lead hazards. (xviii) A description of interim controls and/or abatement options for each identified lead-based paint hazard and a suggested prioritization for addressing each hazard. If the use of an encapsulant or enclosure is recommended, the report shall recommend a maintenance and monitoring schedule for the encapsulant or enclosure.
N.J.A.C. § 5:17, Appendix 3-B establishes the detailed procedural requirements for conducting a lead-based paint risk assessment in residential dwellings and child-occupied facilities in New Jersey. Only individuals certified under N.J.A.C. 5:17 may perform these assessments, which must include a visual inspection, collection of paint, dust, and soil samples from specified locations, laboratory analysis by certified personnel, and preparation of a comprehensive written report. The rule is particularly focused on protecting children age six and under by requiring sampling in areas where they are most likely to encounter lead-contaminated dust, paint, or soil.
Plain English — not legal advice.
Property owners of residential dwellings and multi-family buildings subject to N.J.A.C. § 5:17, Appendix 3-B generally ensure that any lead-based paint risk assessment is performed exclusively by a risk assessor certified under N.J.A.C. 5:17, and that all paint, dust, and soil sampling follows documented methodologies with proper quality control. Compliant operators retain the completed risk assessment report—which must include the assessor's credentials, laboratory results, identified hazards, and recommended interim controls or abatement options—and use it to prioritize and address any identified lead hazards. Landlords of multi-family buildings also ensure that common areas adjacent to occupied units are included in the sampling process as required by the provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under N.J.A.C. § 5:17, Appendix 3-B, tenants—especially those with children age six and under—have an interest in knowing whether a certified risk assessment has been conducted in their home and whether a written report identifying any lead-based paint hazards has been prepared. If a risk assessment has been performed, tenants may request access to the resulting report, which must describe identified hazards and recommended remediation options. Tenants who have concerns about lead hazards or compliance with N.J.A.C. 5:17 may contact the New Jersey Department of Community Affairs or a local tenant-rights organization to understand available complaint and enforcement pathways.
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 5, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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