# New Jersey lead-safe certificates: where floors come in

> Pre-1978 New Jersey rentals not exempt are inspected for lead-based paint hazards every three years or at tenant turnover, whichever comes first.

Source: https://njflooringguide.com/lead-safe-rentals

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# Where do floors come in when a New Jersey rental needs a lead-safe certificate?

## The state's warning

> Lead exposure can be of particular concern for children.

> Children under the age of six and pregnant women are considered to be at the highest risk for exposure.

Source: page 8, health effects paragraph. Document: Lead-Based Paint in Rental Dwellings, a comprehensive guide (Department of Community Affairs). Revision as printed: "Revised September 7, 2022". Read 2026-11-13. [https://www.nj.gov/dca/codes/publications/pdf_lead/lead_based_paint_guide_rental_dwellings.pdf](https://www.nj.gov/dca/codes/publications/pdf_lead/lead_based_paint_guide_rental_dwellings.pdf)

## Short answer

Rental units in New Jersey built before 1978, other than those the rule exempts, are inspected for lead-based paint hazards every three years or at tenant turnover, whichever comes first. No inspection is required at turnover while the unit has a valid lead-safe certification. Floors appear in two places: in towns that use dust wipe sampling, the samples are taken from surfaces that include floors, and the state's guide for rental owners names floors among the friction and impact surfaces where painted surfaces may deteriorate. N.J.A.C. 5:28A states no pass/fail lead dust level for floors.

## What the documents say

### When a rental is inspected

The rule sets the inspection cycle and the turnover exception.

> Thereafter, all such dwelling units shall be inspected for lead-based paint hazards every three years or upon tenant turnover, whichever is earlier, except that an inspection shall not be required at tenant turnover, if the dwelling unit owner has a valid lead-safe certification for the dwelling unit.

Source: N.J.A.C. 5:28A-2.1(a). Document: N.J.A.C. 5:28A, Lead-Based Paint Inspections in Rental Dwellings (Department of Community Affairs PDF). Revision as printed: "This file includes all Regulations adopted and published through the New Jersey Register, Vol. 55 No. 9, May 1, 2023". Read 2026-11-13. [https://www.nj.gov/dca/codes/codreg/pdf_regs/njac_5_28A.pdf](https://www.nj.gov/dca/codes/codreg/pdf_regs/njac_5_28A.pdf)

A certification lasts two years.

> The lead-safe certification shall be valid for a period of two years from the date of issuance.

Source: N.J.A.C. 5:28A-2.4(a)1. Document: N.J.A.C. 5:28A, Lead-Based Paint Inspections in Rental Dwellings (Department of Community Affairs PDF). Revision as printed: "This file includes all Regulations adopted and published through the New Jersey Register, Vol. 55 No. 9, May 1, 2023". Read 2026-11-13. [https://www.nj.gov/dca/codes/codreg/pdf_regs/njac_5_28A.pdf](https://www.nj.gov/dca/codes/codreg/pdf_regs/njac_5_28A.pdf)

### Where floors appear in the inspection

In towns that use dust wipe sampling, the samples are taken from surfaces that include floors.

> For dust wipe sampling, the permanent local agency or lead evaluation contractor shall collect samples by wiping representative surfaces, including floors, interior windowsills, and other similar surfaces, and tested, in accordance with methods approved by HUD.

Source: N.J.A.C. 5:28A-2.3(b)1. Document: N.J.A.C. 5:28A, Lead-Based Paint Inspections in Rental Dwellings (Department of Community Affairs PDF). Revision as printed: "This file includes all Regulations adopted and published through the New Jersey Register, Vol. 55 No. 9, May 1, 2023". Read 2026-11-13. [https://www.nj.gov/dca/codes/codreg/pdf_regs/njac_5_28A.pdf](https://www.nj.gov/dca/codes/codreg/pdf_regs/njac_5_28A.pdf)

The state's guide for rental owners names floors among the friction and impact surfaces where painted surfaces may deteriorate.

> When two surfaces slide across each other or strike one another, the painted surface may become deteriorated. Examples of friction and impact surfaces are doors, windows, floors, and trim areas.

Source: "Identifying lead-based paint hazards", visual assessment passage. Document: Lead-Based Paint in Rental Dwellings, a comprehensive guide (Department of Community Affairs). Revision as printed: "Revised September 7, 2022". Read 2026-11-13. [https://www.nj.gov/dca/codes/publications/pdf_lead/lead_based_paint_guide_rental_dwellings.pdf](https://www.nj.gov/dca/codes/publications/pdf_lead/lead_based_paint_guide_rental_dwellings.pdf)

### Which towns use dust wipe sampling

The rule ties the method to children's blood lead data in each municipality.

> For municipalities in which at least three percent of children tested, six years of age or younger, have a blood lead level greater than or equal to five [micro]g/dL ... the inspection shall be performed through dust wipe sampling.

Source: N.J.A.C. 5:28A-2.3(b). Document: N.J.A.C. 5:28A, Lead-Based Paint Inspections in Rental Dwellings (Department of Community Affairs PDF). Revision as printed: "This file includes all Regulations adopted and published through the New Jersey Register, Vol. 55 No. 9, May 1, 2023". Read 2026-11-13. [https://www.nj.gov/dca/codes/codreg/pdf_regs/njac_5_28A.pdf](https://www.nj.gov/dca/codes/codreg/pdf_regs/njac_5_28A.pdf)

The Department of Community Affairs publishes the list of municipalities and the method each one uses. The edition read is the 2025-26 list. In that edition, 51 municipalities use dust wipe sampling. The Department publishes a new edition each year. Check the current edition on the Department's site for your town.

> 2025-26 Lead-Based Paint Inspection Methodology Pursuant to P.L.2021, c.182

Source: title line, p.1. Document: 2025-26 Lead-Based Paint Inspection Methodology Pursuant to P.L.2021, c.182 (Department of Community Affairs). Revision as printed: no revision date printed; the title names the 2025-26 edition. Read 2026-11-13. [https://www.nj.gov/dca/codes/publications/pdf_lead/doh_lead_data_insp.pdf](https://www.nj.gov/dca/codes/publications/pdf_lead/doh_lead_data_insp.pdf)

### The floor dust level

N.J.A.C. 5:28A states no pass/fail lead dust level for floors. N.J.A.C. 5:17 sets floor dust levels for its own hazard and clearance tests. No text read ties the rental inspection to those levels.

Source: N.J.A.C. 5:17-3.5(b), Lead hazards, and 5:17-9.1(f), Final inspection and clearance testing. Document: N.J.A.C. 5:17, Lead Hazard Evaluation and Abatement Code (Department of Community Affairs PDF). Revision as printed: "This file includes all Regulations adopted and published through the New Jersey Register, Vol. 56 No. 14, July 15, 2024". Read 2026-11-13. [https://www.nj.gov/dca/codes/codreg/pdf_regs/njac_5_17.pdf](https://www.nj.gov/dca/codes/codreg/pdf_regs/njac_5_17.pdf)

### Covering an old floor with plywood is abatement

The state's rental guide lists covering old flooring with plywood under abatement, as a form of enclosure. The same guide says all abatement work must follow N.J.A.C. 5:17.

> This includes enclosing lead-based paint hazards behind other materials. ... Old flooring must be covered with one-half inch or thicker plywood before any other floor covering is added.

Source: section 4.3.0 Abatement, "Enclosure" (table). Document: Lead-Based Paint in Rental Dwellings, a comprehensive guide (Department of Community Affairs). Revision as printed: "Revised September 7, 2022". Read 2026-11-13. [https://www.nj.gov/dca/codes/publications/pdf_lead/lead_based_paint_guide_rental_dwellings.pdf](https://www.nj.gov/dca/codes/publications/pdf_lead/lead_based_paint_guide_rental_dwellings.pdf)

> All abatement work must be undertaken in accordance with the State regulations for Lead Hazard Evaluation and Abatement, which are described in N.J.A.C. 5:17

Source: section 4.3.0 Abatement, introduction. Document: Lead-Based Paint in Rental Dwellings, a comprehensive guide (Department of Community Affairs). Revision as printed: "Revised September 7, 2022". Read 2026-11-13. [https://www.nj.gov/dca/codes/publications/pdf_lead/lead_based_paint_guide_rental_dwellings.pdf](https://www.nj.gov/dca/codes/publications/pdf_lead/lead_based_paint_guide_rental_dwellings.pdf)

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### Floor work and a valid certificate

The rule names one event that makes a certification invalid during its two years. A lead evaluation contractor, a lead inspector/risk assessor, a local health department or a public agency inspects the unit or assesses its risk and finds a lead-based paint hazard. The rule names no other trigger.

> …determines that there is a lead-based paint hazard, the lead-safe certification issued pursuant to this chapter shall be invalid.

Source: N.J.A.C. 5:28A-2.4(a)1.i. Document: N.J.A.C. 5:28A, Lead-Based Paint Inspections in Rental Dwellings (Department of Community Affairs PDF). Revision as printed: "This file includes all Regulations adopted and published through the New Jersey Register, Vol. 55 No. 9, May 1, 2023". Read 2026-11-13. [https://www.nj.gov/dca/codes/codreg/pdf_regs/njac_5_28A.pdf](https://www.nj.gov/dca/codes/codreg/pdf_regs/njac_5_28A.pdf)

A certification does not lift other lead inspection duties.

> The lead-safe certification shall not exempt the dwelling from any other law that would require a lead inspection/risk assessment.

Source: N.J.A.C. 5:28A-2.4(a)1.iii. Document: N.J.A.C. 5:28A, Lead-Based Paint Inspections in Rental Dwellings (Department of Community Affairs PDF). Revision as printed: "This file includes all Regulations adopted and published through the New Jersey Register, Vol. 55 No. 9, May 1, 2023". Read 2026-11-13. [https://www.nj.gov/dca/codes/codreg/pdf_regs/njac_5_28A.pdf](https://www.nj.gov/dca/codes/codreg/pdf_regs/njac_5_28A.pdf)

The Department's webinar answers say a change of tenant does not shorten the two years.

> This means that a lead-safe certification is good for two years no matter what happens with tenancy.

Source: answer following question 11. Document: DCA Webinar Series: Question and Answer (Department of Community Affairs). Revision as printed: no revision date printed. Read 2026-11-13. [https://www.nj.gov/dca/codes/publications/pdf_lead/All_Webinar_Questions_Fin.pdf](https://www.nj.gov/dca/codes/publications/pdf_lead/All_Webinar_Questions_Fin.pdf)

### Units the rule exempts

N.J.A.C. 5:28A-1.3(b) exempts some rental units. Among them are units built during or after 1978, some seasonal rentals, units certified free of lead-based paint under N.J.A.C. 5:17, and multiple dwellings built before 1978 that have been registered with the Department for at least 10 years and have no outstanding paint violations from the most recent cyclical inspection.

> Dwelling units that were constructed during, or after, 1978;

Source: N.J.A.C. 5:28A-1.3(b)1, Applicability and exemptions. Document: N.J.A.C. 5:28A, Lead-Based Paint Inspections in Rental Dwellings (Department of Community Affairs PDF). Revision as printed: "This file includes all Regulations adopted and published through the New Jersey Register, Vol. 55 No. 9, May 1, 2023". Read 2026-11-13. [https://www.nj.gov/dca/codes/codreg/pdf_regs/njac_5_28A.pdf](https://www.nj.gov/dca/codes/codreg/pdf_regs/njac_5_28A.pdf)

> Single-family and two-family seasonal rental dwelling units that are rented for less than six months duration each year by tenants that do not have consecutive lease renewals; 3. Dwelling units that have been certified to be free of lead-based paint, pursuant to N.J.A.C. 5:17;

Source: N.J.A.C. 5:28A-1.3(b)2-3. Document: N.J.A.C. 5:28A, Lead-Based Paint Inspections in Rental Dwellings (Department of Community Affairs PDF). Revision as printed: "This file includes all Regulations adopted and published through the New Jersey Register, Vol. 55 No. 9, May 1, 2023". Read 2026-11-13. [https://www.nj.gov/dca/codes/codreg/pdf_regs/njac_5_28A.pdf](https://www.nj.gov/dca/codes/codreg/pdf_regs/njac_5_28A.pdf)

> Multiple rental dwelling units constructed prior to 1978 that have been registered with the Department for at least 10 years and have no outstanding paint violations from the most recent cyclical inspection performed on the multiple dwelling pursuant to the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq., and N.J.A.C. 5:10.

Source: N.J.A.C. 5:28A-1.3(b)4. Document: N.J.A.C. 5:28A, Lead-Based Paint Inspections in Rental Dwellings (Department of Community Affairs PDF). Revision as printed: "This file includes all Regulations adopted and published through the New Jersey Register, Vol. 55 No. 9, May 1, 2023". Read 2026-11-13. [https://www.nj.gov/dca/codes/codreg/pdf_regs/njac_5_28A.pdf](https://www.nj.gov/dca/codes/codreg/pdf_regs/njac_5_28A.pdf)

### Federal rule (not specific to New Jersey)

This paragraph is federal. The EPA's RRP Rule lists floors among the building components in its definitions. EPA says the rule covers renovations performed for compensation. EPA also says that landlords of pre-1978 residential properties who do the renovation work themselves are performing renovations for compensation and are subject to the rule.

> These include, but are not limited to, interior components such as: Ceilings, crown molding, walls, chair rails, doors, door trim, floors, fireplaces, radiators and other heating units, shelves, shelf supports, stair treads, stair risers, stair stringers

Source: 40 CFR 745.83, definition of "Component or building component". Document: 40 CFR 745.83, Definitions (eCFR). Revision as printed: "Displaying title 40, up to date as of 11/10/2026. Title 40 was last amended 11/10/2026." Read 2026-11-13. [https://www.ecfr.gov/current/title-40/section-745.83](https://www.ecfr.gov/current/title-40/section-745.83)

> The RRP rule covers renovations performed for compensation.

Source: FAQ on volunteer organizations. Document: Frequent Questions About Renovations Covered by the RRP Rule (US EPA). Revision as printed: "Last updated on October 20, 2026". Read 2026-11-13. [https://www.epa.gov/lead/frequent-questions-about-renovations-covered-rrp-rule](https://www.epa.gov/lead/frequent-questions-about-renovations-covered-rrp-rule)

> Individuals who buy, renovate and sell pre-1978 residential properties for a profit (i.e., house flippers) or lease pre-1978 residential properties (i.e., landlords), and do the renovation work themselves, are performing renovations for compensation and are therefore subject to all requirements under the RRP Rule.

Source: FAQ on house flippers and landlords. Document: Frequent Questions About Renovations Covered by the RRP Rule (US EPA). Revision as printed: "Last updated on October 20, 2026". Read 2026-11-13. [https://www.epa.gov/lead/frequent-questions-about-renovations-covered-rrp-rule](https://www.epa.gov/lead/frequent-questions-about-renovations-covered-rrp-rule)

## What these texts do not say

- N.J.A.C. 5:28A gives no pass/fail lead dust level for floors. No text read says which floor dust level the rental inspection applies.

- N.J.A.C. 5:28A names one event that makes a certification invalid: an inspection or risk assessment that finds a lead-based paint hazard. The rule names no other trigger. No text read says whether replacing, refinishing or covering a floor during the two years affects a certification.

- The 2025-26 list is the edition read. No 2026-27 edition was on the Department's lead page when it was read for this page.

- The exemptions quoted above are not the whole list. The full list is in N.J.A.C. 5:28A-1.3(b) at the URL above.

- The N.J.A.C. 5:28A copy is stamped through May 1, 2023, and the N.J.A.C. 5:17 copy is stamped through July 15, 2024. The texts read do not show whether either rule was amended after those dates.

- This page does not quote any exclusions from the federal rule. 40 CFR 745.82 was not read.

- No free online copy of N.J.A.C. is the official text. This page quotes the Department of Community Affairs PDFs and gives each one's currency stamp.

Last checked: 2026-11-13

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