Bill > S1147

Introduced Session

This bill would require every contract of sale of real property to include a provision requiring, as a condition of the sale, a lead evaluation contractor, certified to provide lead paint inspection services by the Department of Community Affairs (DCA), to inspect any dwelling located on the real property for lead-based paint hazards. If a lead evaluation contractor finds that no lead hazards exist in dwellings located on the property, then the lead evaluation contractor would certify the property as lead-safe on a form prescribed by the DCA. Additionally, this bill would require municipalities to inspect every single-family, two-family, and multiple rental dwelling located within the municipality for lead-based paint hazards at tenant turnover. Municipalities would charge a fee for the inspection at a rate proportional to the current "Hotel and Multiple Dwelling Law" fee schedule. Moreover, the bill requires municipalities to impose an additional fee of $20 per unit inspected by a certified lead evaluation contractor or permanent local agency for deposit into the "Lead Hazard Control Assistance Fund." In a municipality that maintains a permanent local agency for the purpose of conducting inspections and enforcing laws, ordinances, and regulations concerning buildings and structures within the municipality, the permanent local agency would inspect single-family, two-family, and multiple rental dwellings located within the municipality for lead-based paint hazards. If the municipality does not maintain a permanent local agency that conducts inspections and enforces laws, ordinances, and regulations concerning buildings and structures within the municipality, then the municipality would hire a lead evaluation contractor, certified to provide lead paint inspection services by the DCA, to inspect single-family, two-family, and multiple rental dwellings located within the municipality for lead-based paint hazards. A permanent local agency or lead evaluation contractor with the duty to inspect single-family, two-family, and multiple rental dwellings may consult the local health board, the Department of Health, or the DCA concerning the criteria for the inspection and identification of areas and conditions involving a high risk of lead poisoning in dwellings, methods of detection of lead in dwellings, and standards for the repair of dwellings containing lead paint. Dwelling units that pass visual tests for intact paint frequently contain invisible lead dust hazards detectable through dust wipe sampling. Thus, in municipalities that have a higher concentration of children with elevated blood lead levels, the bill requires a lead evaluation contractor or permanent local agency to inspect for lead-based paint hazards through dust wipe sampling. In municipalities with a lower concentration of children with elevated blood lead levels, the bill allows a lead evaluation contractor or permanent local agency to inspect for lead-based paint hazards through visual assessment. Rental properties that have been certified to be free of lead-based paint or lead-safe, properties that were constructed during or after 1978, and seasonal rental units would be exempt from the inspection and registration requirements. However, the bill eliminates the exemption for seasonal rentals from the cyclical inspections required under the "Hotel and Multiple Dwelling Act." Lastly, the bill requires the DCA, in consultation with the Department of Health, to establish a Statewide, multifaceted, ongoing educational program designed to meet the needs of tenants, property owners, realtors and real estate agents, insurers and insurance agents, and local building officials about the nature of lead hazards, the importance of lead hazard control and mitigation, and the responsibilities set forth in this bill. The bill requires the DCA to establish guidelines and a trainer's manual for a lead hazard seminar for rental property owners. The lead hazard seminar established under this bill would not exceed three hours in length and would be offered for a maximum fee of $50 per participant. Property owners who complete the lead hazard seminar may be eligible to self-inspect their properties under this bill. In order to self-inspect, the Department of Community Affairs, a permanent local agency, or a certified lead evaluation contractor would have had to certify the dwelling as lead-safe within the preceding five years.

AI Summary

Committee Categories

Daniel Benson (D)*,  Nilsa Cruz-Perez (D)*,  Teresa Ruiz (D)*,  Sandra Cunningham (D),  Nellie Pou (D),  Annette Quijano (D),  Shirley Turner (D),  Valerie Vainieri Huttle (D), 

Approved P.L.2021, c.182. (on 07/22/2021)

Official Document