Cal. Civ. Code § 5:28A-1.2
Definitions
Operative Text
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise: "Commissioner" means the Commissioner of the Department of Community Affairs. "Department" means the Department of Community Affairs. "Dust wipe sampling" means a sample collected by wiping a representative surface and tested, in accordance with a method approved by the United States Department of Housing and Urban Development (HUD) and as conducted pursuant to N.J.A.C. 5:28A-2.3. "Dwelling" means a building containing a room or rooms, or suite, apartment, unit, or space, that is rented and occupied, or intended to be rented and occupied, for sleeping and dwelling purposes by one or more persons. "Dwelling unit" means a unit within a building that is rented and occupied, or intended to be rented and occupied, for sleeping and dwelling purposes by one or more persons. "Interim controls" means a set of measures designed to reduce temporarily human exposure or likely exposure to lead-based paint hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards, and the establishment and operation of management and resident education programs, or the term as it is defined pursuant to 42 U.S.C. § 4851b and the regulations adopted pursuant thereto. "Lead abatement" means a set of measures designed to permanently eliminate lead-based paint hazards, in accordance with the standards established by the Commissioner at N.J.A.C. 5:17. "Lead abatement contractor" means a firm certified by the Department to perform remediation through lead abatement or interim control work pursuant to N.J.A.C. 5:17. "Lead abatement worker" means an individual certified by the New Jersey Department of Health to perform lead abatement or interim control work pursuant to N.J.A.C. 8:62. "Lead-based hazard control methods" means interim controls, as defined above. "Lead-based paint" means paint or other surface coating material that contains lead in excess of 1.0 milligrams per centimeter squared or in excess of 0.5 percent by weight, or such other level, as may be established by Federal law. "Lead-based paint hazard" means any condition that causes exposure to lead from lead-contaminated dust or lead-contaminated paint that is deteriorated or present on surfaces, that would result in adverse human health effects. "Lead evaluation contractor" means a firm certified by the Department to perform lead inspection and risk assessment work pursuant to N.J.A.C. 5:17. This includes the ability to perform dust wipe sampling. "Lead inspector/risk assessor" means an individual certified by the New Jersey Department of Health to perform lead inspection and risk assessment work pursuant to N.J.A.C. 8:62. This includes the ability to perform dust wipe sampling. "Lead-free certification" means the certificate issued, in accordance with N.J.A.C. 5:17, which states that there is no lead-based paint, or that the dwelling has undergone lead abatement, in accordance with N.J.A.C. 5:17. "Lead-safe certification" means the certification issued pursuant to this chapter, which confirms that a periodic lead-based paint inspection was performed, and no lead-based paint hazards were found. This certification is valid for two years from the date of issuance, in accordance with N.J.A.C. 5:28A-2.4. "Lead free" means that a dwelling has been certified to have no lead-based paint or has undergone lead abatement, in accordance with N.J.A.C. 5:17. "Lead safe" means that a dwelling has been found to have no outstanding lead-based paint hazards. It does not mean that the dwelling is certified to be lead free. "Multiple dwelling" means any building or structure and any land appurtenant thereto, and any portion thereof, in which three or more dwelling units are occupied or intended to be occupied by three or more persons living independently of each other. "Multiple dwelling" also means any group of 10 or more buildings on a single parcel of land or on contiguous parcels under common ownership, in each of which two dwelling units are occupied, or intended to be occupied, by two persons or households living independently of each other, and any land appurtenant thereto, and any portion thereof. "Multiple dwelling" does not include those buildings and structures that are excluded pursuant to N.J.S.A. 55:13A-3(k). "Periodic lead-based paint inspection" means the initial inspection of all applicable dwelling units at the earlier of two years from the effective date of P.L. 2021, c. 182, July 22, 2022, or tenant turnover, and thereafter the earlier of three years or upon tenant turnover, consistent with N.J.A.C. 5:28A-2.1, for the purposes of identifying lead-based paint hazards in dwellings subject to this chapter. "Permanent local agency" means a local, municipal agency maintained for the purpose of conducting inspections and enforcing laws, ordinances, and regulations concerning buildings and structures within its jurisdiction. This may include local building agencies, health agencies, and housing agencies. "Remediation" means interim controls or lead abatement work undertaken in conformance with this chapter to address lead-based paint hazards. "Tenant turnover" means the time at which all existing occupants vacate a dwelling unit, and all new tenants move into the dwelling unit or the time at which a new tenant enters a vacant dwelling unit. "Visual assessment" means a visual examination for deteriorated paint or visible surface dust, debris, or residue, and as conducted pursuant to N.J.A.C. 5:28A-2.3. Previous Next About Privacy Policy Trust Center Cookie Policy Terms & Conditions Copyright © 2026 LexisNexis.
N.J.A.C. § 5:28A-1.2 establishes the official definitions that govern how key terms are interpreted throughout New Jersey's lead-based paint inspection and hazard control regulations for rental dwellings. Terms such as "lead-safe certification," "lead-free," "periodic lead-based paint inspection," and "tenant turnover" carry specific, bounded meanings under this chapter that may differ from everyday usage. For example, a dwelling certified as "lead safe" is not the same as one certified as "lead free"—the former confirms no current hazards were found, while the latter confirms no lead-based paint exists or that full abatement was completed.
Plain English — not legal advice.
Property owners and managers subject to N.J.A.C. § 5:28A-1.2 should familiarize themselves with the chapter's defined terms, as these definitions directly shape compliance obligations throughout the regulation. Compliant operators generally ensure that inspections are performed by credentialed professionals—specifically a "lead evaluation contractor" or "lead inspector/risk assessor" as defined in this section—and understand the distinction between obtaining a "lead-safe certification" (valid for two years) versus a "lead-free certification." Knowing when "tenant turnover" occurs, as defined here, is also central to determining when a new periodic inspection is triggered under N.J.A.C. § 5:28A-2.1.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in rental dwellings covered by New Jersey's lead-based paint rules benefit from understanding the definitions set out in N.J.A.C. § 5:28A-1.2, particularly the distinction between a "lead-safe" and a "lead-free" dwelling, as these terms describe meaningfully different levels of assurance about a unit's condition. Tenants may request documentation of any certification issued under this chapter and can contact the New Jersey Department of Community Affairs if they have questions about whether their dwelling has been properly inspected. Tenant-rights organizations and legal aid services can help renters understand how these definitions apply to their housing situation and what remedies may be available if required inspections have not been conducted.
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 4, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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