Cal. Civ. Code § 5:28A-2.4
Inspection results and lead-safe certification
Operative Text
(a) If, following inspection, a lead evaluation contractor or permanent local agency finds that no lead-based paint hazard exists in a dwelling unit, the lead evaluation contractor or permanent local agency shall certify the dwelling unit as lead-safe on the form prescribed by the Department. 1. The lead-safe certification shall be valid for a period of two years from the date of issuance. i. If, during the two-year certification period, a lead evaluation contractor, lead inspector/risk assessor, a local health department, or a public agency conducts an independent inspection or risk assessment and determines that there is a lead-based paint hazard, the lead-safe certification issued pursuant to this chapter shall be invalid. A periodic lead-based paint inspection shall be scheduled upon the conclusion of remediation, in accordance with N.J.A.C. 5:28A-2.5(e). ii. Where an independent inspection or risk assessment determines that there is a lead-based paint hazard, the inspector/risk assessor shall inform the municipality of the results of the inspection. iii. The lead-safe certification shall not exempt the dwelling from any other law that would require a lead inspection/risk assessment. 2. A copy of the lead-safe certification shall be provided to the owner of the dwelling. If a lead evaluation contractor issues the lead-safe certification, a copy shall also be provided to the municipality at the time it is issued. (b) If a lead evaluation contractor or permanent local agency finds that a lead-based paint hazard exists in a dwelling unit, they shall notify the Department for review of the findings, in accordance with the Lead Hazard Control Assistance Act. 1. If a lead-based paint hazard is identified in an inspection of one of the dwelling units in a building consisting of two or three dwelling units, then the lead contractor or permanent local agency shall inspect the remainder of the building's dwelling units, with the exception of those dwelling units that have been certified to be free of lead-based paint or which have a valid lead-safe certification. (c) The owner of the dwelling unit shall be responsible for remediation of the lead-based paint hazard. Remediation must be conducted consistent with the requirements at N.J.A.C. 5:28A-2.5. Previous Next About Privacy Policy Trust Center Cookie Policy Terms & Conditions Copyright © 2026 LexisNexis.
Under N.J.A.C. § 5:28A-2.4, after a dwelling unit is inspected for lead-based paint, the outcome determines one of two paths: if no lead hazard is found, the unit receives a lead-safe certification valid for two years, though that certification can be voided if a subsequent independent inspection uncovers a hazard; if a hazard is found, the Department must be notified and the property owner bears responsibility for remediation. In multi-unit buildings of two or three units, a hazard finding in one unit triggers inspection of the remaining units. The certification does not override any other law that independently requires a lead inspection or risk assessment.
Plain English — not legal advice.
Property owners and managers operating under N.J.A.C. § 5:28A-2.4 generally ensure they receive and retain a copy of any lead-safe certification issued for their dwelling units, and they share that documentation with the municipality when a lead evaluation contractor—rather than a permanent local agency—issues it. Compliant operators treat a lead-safe certification as time-limited, understanding it expires after two years and can be invalidated mid-period if an independent inspection finds a hazard. When a hazard is identified, owners under this provision are responsible for arranging remediation that meets the standards set out in N.J.A.C. 5:28A-2.5, and in two- or three-unit buildings they should be aware that a single hazard finding may prompt inspection of all remaining units.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.J.A.C. § 5:28A-2.4 establishes that tenants in a dwelling unit found free of lead hazards are entitled to have that unit certified as lead-safe, with the certification remaining valid for up to two years—but it can be voided if a later independent inspection reveals a hazard. Tenants who believe a lead-based paint hazard exists during an active certification period may contact their local health department or municipality, since inspectors who find a hazard are required to inform the municipality of their results. Tenant-rights organizations and legal aid services can help renters understand how this provision interacts with other lead-inspection laws that may independently apply to their dwelling.
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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