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A4247
ASSEMBLY, No. 4247
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED FEBRUARY 19, 2026
Sponsored by:
Assemblywoman� SHANIQUE SPEIGHT
District 29 (Essex and Hudson)
SYNOPSIS
���� Requires construction permit and inspections for
certain work involving lead paint on home exterior.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
requiring construction permits for certain lead
paint work and supplementing P.L.1975, c.217 (C.52:27D-119 et seq.).
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� a.�� The owner of a
residential building constructed, or partially constructed, prior to 1979 shall
obtain a construction permit prior to painting, or removing existing paint
from, the building�s exterior if existing paint is present in the area where
the owner intends to apply the new paint or remove existing paint.�
���� b.��� Prior to the issuance of
a permit pursuant to this section, the enforcing agency shall determine whether
or not paint in the area of the proposed work may contain lead.� This
determination shall be made either through an inspection, or through a review of
the records of the building�s construction history and past inspections, or
both. If an inspection is necessary, the inspection shall be conducted by a
professional who is certified to conduct lead evaluations pursuant to P.L.1993,
c.288 (C.26:2Q-1 et al.).� If the enforcing agency determines that the paint in
the area of the proposed work contains lead or may contain lead, then the
enforcing agency shall notify the owner that, if the owner intends to sand or
scrape existing paint, the owner is required to employ a contractor who is in
possession of the certifications necessary to conduct lead hazard control work pursuant
to P.L.1993, c.288 (C.26:2Q-1 et al.).� If the project includes the sanding or
scraping of existing paint, the enforcing agency shall inspect the work site in
no fewer than two unscheduled visits during the expected times of work in order
to ensure the following: (1) compliance with the permit application; (2) that a
contractor who is certified to conduct lead hazard control work is on the
premises while work with lead-based paint is ongoing; and (3) that the work is
compliant with lead safe maintenance work standards, as defined pursuant to
section 14 of P.L.1993, c.288 (C.52:27D-427).�
���� c.���� The enforcing agency
shall not charge a fee in excess of $50 for issuance of a construction permit
pursuant to subsection a. of this section.� The enforcing agency may increase
fees for the issuance of construction permits for other types of work not addressed
by this section, if necessary to cover any shortfall in revenue resulting from
the limited fee required by this section.�
���� d.��� An owner in violation of
the permit requirement of subsection a. of this section shall be liable for a
penalty of $150.� If the owner continues unpermitted work in violation of
subsection a. of this section despite an initial infraction, the owner shall be
liable for an additional penalty of $1,500.
���� 2.��� This act shall take
effect on the first day of the third month next following enactment.
STATEMENT
���� This bill would require the
owner of a residential building constructed, or partially constructed, prior to
1979, to obtain a construction permit before painting, or removing existing
paint from, the building�s exterior.� This permit requirement would apply if
existing paint is present in the area of the planned work.�
���� When lead builds up in the
body over months or years, lead poisoning occurs.� Lead exposure, even in small
amounts can cause serious health problems in both children and adults.� Those
at most risk are children younger than six years old.� As a result of lead
exposure and poisoning even in small levels, mental and physical development
can be compromised.� At very high levels, lead poisoning can be fatal.�
Lead-based paint and dust in older buildings are the most common sources of
lead poisoning in children.� Other sources include contaminated air, old water
lines and pipes, and soil.� This bill is intended to help prevent the lead
contamination of the air and soil that can result from working with old lead
paint on existing homes.
���� The bill would require that,
prior to the issuance of a construction permit involving exterior home
painting, the construction code enforcing agency would determine whether or not
paint in the area of the proposed work may contain lead.� This determination
would be made either through an inspection, or through a review of the records
on the building.� If the enforcing agency determines that the paint in the area
of the proposed work may contain lead, then the bill would require the
enforcing agency to notify the owner that, if the owner intends to sand or
scrape existing paint, the owner has to employ a contractor who is certified to
conduct lead hazard control work.� If the project includes the sanding or
scraping of existing paint, the bill would require the enforcing agency to
inspect the work site in no fewer than two unscheduled visits during the
expected times of work.� These inspections would ensure (1) compliance with the
permit application; (2) that a properly-certified contractor is on-site while work
with lead paint is ongoing; and (3) that the work is compliant with the lead
safe maintenance work standards established in State law.
���� The bill would prohibit the
enforcing agency from charging a fee in excess of $50 for issuance of a
construction permit required by the bill, but would allow fees for other types
of permits to be raised if necessary to account for any shortfall in revenue
resulting from this limitation.�
���� An owner in violation of the
permit requirement established by the bill would be liable for a penalty of
$150.� If an owner continues unpermitted work in violation of this permit
requirement despite an initial infraction, the owner would be liable for an
additional penalty of $1,500.
���� This bill would take effect on
the first day of the third month next following enactment.