Cal. Civ. Code § 5:28-App.2-B
APPENDIX 2-B
Operative Text
OCCUPANT PROTECTION AND WORKSITE PREPARATION (New Jersey Requirements Added in Italics) U.S. Department of Housing and Urban Development 24 CFR 35.1345, Occupant protection and worksite preparation 24 CFR 35.1345 Occupant protection and worksite preparation This section establishes procedures for protecting dwelling unit occupants and the environment from contamination from lead-contaminated or lead-containing materials during hazard reduction activities. (a) Occupant protection (1) Occupants shall not be permitted to enter the worksite during hazard reduction activities until after hazard reduction work has been completed and clearance, if required, has been achieved. (2) Occupants shall be temporarily relocated before and during hazard reduction activities to a suitable, decent, safe, and similarly accessible dwelling unit that does not have lead-based paint hazards, except if: (i) Treatment will not disturb lead-based paint, dust-lead hazards or soil-lead hazards; (ii) Only the exterior of the dwelling unit is treated, and windows, doors, ventilation intakes and other openings in or near the worksite are sealed during hazard control work and cleaned afterward, and entry free of dust-lead hazards, soil-lead hazards, and debris is provided; (iii) Treatment of the interior will be completed within one period of eight daytime hours, the worksite is contained so as to prevent the release of leaded dust and debris into other areas, and treatment does not create other safety, health or environmental hazards (e.g., exposed live electrical wiring, release of toxic fumes, or on-site disposal of hazardous waste); or (iv) Treatment of the interior entails work such that, at the conclusion of each workday, the worksite can be contained and cleaned to remove any visible dust or debris, and safe access to the bathroom and sleeping areas can be provided. (3) The dwelling unit and the worksite shall be secured against unauthorized entry, and occupants' belongings protected from contamination by dust-lead hazards and debris during hazard reduction activities. Occupants' belongings in the containment area shall be relocated to a safe and secure area outside the containment area, or covered with an impermeable covering with all seams and edges taped or otherwise sealed. (b) Worksite preparation (1) The worksite shall be prepared to prevent the release of leaded dust, and contain lead-based paint chips and other debris from hazard reduction activities within the worksite until they can be safely removed. Practices that minimize the spread of leaded dust, paint chips, soil and debris shall be used during worksite preparation. (2) A warning sign shall be posted at each entry to a room where hazard reduction activities are conducted when occupants are present; or at each main and secondary entryway to a building from which occupants have been relocated; or, for an exterior hazard reduction activity, where it is easily read 20 feet (6 meters) from the edge of the hazard reduction activity worksite. Each warning sign shall be provided in the occupants' primary language, to the extent practicable.
N.J.A.C. § 5:28, Appendix 2-B (incorporating 24 CFR 35.1345) establishes rules for protecting people and the environment from lead contamination during hazard reduction work in residential dwellings. Occupants generally must be relocated to a lead-safe dwelling before and during such work, unless specific limited exceptions apply — such as when work is confined to the exterior with sealed openings, completed within a single eight-hour daytime period, or contained and cleaned at the end of each workday. Worksites must be physically secured, occupants' belongings protected or relocated, and warning signs posted in the occupants' primary language at all relevant entry points.
Plain English — not legal advice.
Property owners and managers conducting lead hazard reduction work under N.J.A.C. § 5:28, Appendix 2-B are generally expected to arrange temporary relocation of occupants to a suitable, lead-safe dwelling before work begins, unless one of the narrow exceptions in the rule applies. Compliant operators typically secure the worksite against unauthorized entry, protect or remove occupants' belongings from containment areas, and use work practices that minimize the spread of leaded dust and debris. Posting warning signs in the occupants' primary language at all required entry points — interior rooms, building entryways, or exterior worksites — is also a standard part of worksite preparation under this 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. § 5:28, Appendix 2-B, occupants have a right not to be present at a lead hazard reduction worksite during active work, and are generally entitled to temporary relocation to a decent, safe, and similarly accessible dwelling unit that is free of lead-based paint hazards. If a landlord or contractor fails to provide required relocation, secure the worksite, protect belongings, or post required warning signs, tenants may have grounds to raise these failures as a violation. Tenants who believe these protections have not been followed can contact the New Jersey Department of Community Affairs, consult a local tenant-rights organization, or explore whether the violation can be raised in a housing or administrative 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 5, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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