I have lived thru the inspection process and compliance with this rule/law now twice. It applies to rental housing. At the moment its enforced by the State in relation to multi-family dwellings...My State does not have the manpower to enforce it currently on single, two and three families-they will though as it is a potential added revenue stream. In NJ multi's have 5 yr State inspections so it's natural that we get hit with compliance first. The key is to keep your property painted and not have any peeling paint.
I read about the law a while back but didn't pay much attention. The inspector did her inspection and found a number of units with peeling paint - not much - very small patches - not enough to qualify under the sq footage requirement. Could have argued if I knew more about the law then but I've learned you don't argue with State inspectors. At the end of the inspection she asked who did my repairs and to see my Lead Certifications for those individuals. Well I told her its just me and my Super. She gave me a # and a brief education. We signed up for the course, got Certs and made our repairs. Because I was cited, the law applied and I had to submit dust wipe sample results from a lab. The same person that makes the repair cannot do the samples. Therefore, my Super made the repairs and I took the dust wipe samples, sent them to the lab, and faxed the clearance reports to the State.
I was almost done except that 2 apts were cited to be tested and inspected by a Lead Certified Company approved by the State. There is no rhyme nor reason why she selected these 2 units - the only thing I can think of is the State wanted to be sure that we were properly testing the site and not another property that might have been built after 1978.
Dust wipe samples can only be taken from the floors, carpeting, window sills or window wells. The company came in and did the same thing I had done - took dust wipe samples, sent to the lab, and sent me a report of clearance which I submitted. Hooray...inspection passed. Total cost to me: $65 per apartment x 37 units for State inspection, $50 per unit for lab tests of dust wipe samples x 12 apartments cited, $700 for certified inspection & testing of the two "special" units cited.
The law requires that you also maintain a yearly checklist on each apartment that basically acknowledges that someone has checked the unit for peeling paint, what date, who, and if repairs were made.
Inspection of building #2 was a breeze. I learned.......checked each unit and made sure there was no peeling paint anywhere. We passed with flying colors.
After this I learned many things 1) check each apartment once a year 2) repair peeling paint immediately 3) in pre-78 housing I no longer install carpet but refinish the hardwood flooring and install linoleum tiles.
Many of you probably inspect your units regularly. In multi's we sort of develop the habit of expecting the Super to keep up on it or expecting a tenant to report peeling paint. I've learned that doesn't happen - the tenant never reports it - they don't want the landlord to see they are a) are filthy, b) have a friend not on the lease living with them, c) have a cat not permitted, etc. etc....