As used in this chapter, unless a different meaning is evident,
the following terms shall have the meanings indicated:
IMPLEMENT
To have a rule, form or checklist approved by the Borough
Council. A rule, form or checklist shall be effective immediately
upon approval by the Borough Council. A rule, form or checklist that
has not been either approved or rejected by the Borough Council 45
days after delivery to the Borough Clerk shall be deemed to be approved,
effective on the 46th day after delivery.
PERSON
The same as defined in N.J.S.A. 1:1-2.
PREMISES
The building in which and the property on which any residential
dwelling unit is located.
RESIDENTIAL DWELLING UNIT or UNIT
Any room or group of rooms located within a building and
forming a single habitable unit with facilities which are used, or
designed to be used, for living, sleeping, cooking, and eating.
[Amended 1-24-2017 by Ord. No. 2017-02]
A. Applicability. The provisions of this section shall not apply to
those buildings under the jurisdiction of the Bureau of Housing Inspection,
Department of Community Affairs, pursuant to the New Jersey Hotel
and Multiple Dwelling Law (N.J.S.A. 55:13A-1 et seq.).
B. Certificate of rental housing compliance required.
(1) No person shall let or sublet any residential dwelling unit to an initial tenant, and as set forth in Subsection
B(2) below, a new tenant, without having obtained from the Property Maintenance Officer one of the following:
(a)
A certificate of rental housing compliance stating that the
unit complies with the standards of this chapter and meets all other
Borough and state code requirements; or
(b)
A conditional certificate of rental housing compliance stating that the unit is conditionally approved for occupancy in accordance with the provisions of Subsection
C(4)(b) below.
(2) Renewal.
(a)
For those dwelling units for which no violations were issued,
the certificate of rental housing compliance shall be renewed not
later than the fourth anniversary date of the issuance of the most
recent certificate, and shall not be required for a change in tenancy
unless said change coincides with the anniversary date of the renewal.
(b)
For those dwelling units for which violations were issued, the
certificate of rental housing compliance shall be renewed not later
than the second anniversary date of the issuance of the most recent
certificate, and shall be required for a change in tenancy. If upon
the renewal of a two-year certificate no violations are found, the
dwelling unit shall enjoy the benefit of the four-year renewal timeline
above.
C. Procedures for inspections and issuance of certificates of rental
housing compliance.
(1) The Property Maintenance Officer shall implement and make available
an application form and checklist.
(2) The applicant shall submit a completed application form and checklist
to the Property Maintenance Officer. Inspections shall be scheduled
in the order that completed applications are received unless an additional
fee for late request is paid.
(3) Following receipt of a completed application, the Property Maintenance
Officer shall inspect the unit and premises for compliance with this
chapter and make a determination of the permitted occupancy.
(4) Following inspection, the Property Maintenance Officer shall issue
a certificate of rental housing compliance, a conditional certificate
of rental housing compliance, or a denial of rental housing compliance.
The standards for certificates are:
(a)
If the unit and premises comply with this chapter and all other
Borough and state code requirements, a certificate of rental housing
compliance shall be issued indicating the lawful occupancy.
(b)
If the unit or premises fails to comply with this chapter or
other Borough or state code requirements, but none of the violations
jeopardize the health, safety or welfare of the intended occupants,
a conditional certificate of rental housing compliance indicating
the lawful occupancy shall be issued for a period not to exceed 30
days.
(c)
If the unit or premises fails to comply with this chapter or
other Borough or state code requirements, and such violations may
jeopardize the health, safety or welfare of the intended occupants,
a denial of rental housing compliance shall be issued.
(5) If a conditional certificate of rental housing compliance or denial
of rental housing compliance is issued, the applicant shall perform
the required work prior to reinspection.
(6) The current certificate of rental housing compliance, conditional
certificate of rental housing compliance or denial of rental housing
compliance shall be posted in a conspicuous place in each unit at
all times.
D. Fees. The following fees shall be paid prior to the inspection being
performed:
(1) Initial inspection or reinspection after denial of certificate: $50
per unit.
(2) Reinspection fee after conditional certificate: $20 per unit.
(3) Reinspection if a prior certificate was issued more than 23 but less
than 25 months before the request for inspection: $50 per unit.
(4) Reinspection if the prior certificate was issued more than 25 months
before the request for inspection: $100 per unit.
(5) Additional fee for late request: if inspection is requested within
one business day of proposed occupancy, additional $100 per unit.
(6) Additional fee for failure to provide access to inspector: if access
for a previous inspection was not provided to the inspector at the
scheduled time, additional $75 per unit.
[Added 10-18-2022 by Ord. No. 2022-16]
A. Definitions. As used in this section, the following terms shall have
the meanings indicated:
DUST WIPE SAMPLING
A sample collected by wiping a representative surface and
tested in accordance with a method approved by the United States Department
of Housing and Urban Development.
TENANT TURNOVER
The time at which all existing occupants vacate a dwelling
unit and all new tenants move into the dwelling unit.
VISUAL ASSESSMENT
A visual examination for deteriorated paint or visible surface
dust, debris, or residue.
B. Subject to §
195-10 of this Chapter
195, the Borough's designated official or certified lead evaluation contractor shall inspect every single-family, two-family, and multiple rental dwelling located within the Borough at tenant turnover for lead-based paint hazards or within two years of the effective date of N.J.S.A. 52:27D-437.16 et seq., whichever is earlier. Thereafter, all such units shall be inspected for lead-based paint hazards the earlier of every three years or upon tenant turnover, except that an inspection upon tenant turnover shall not be required if the owner has a valid lead-safe certification. The owner of any such rental dwelling shall not permit any tenant turnover without first complying with this §
195-10. The Borough shall charge the dwelling owner or landlord, and the dwelling owner or landlord shall pay the Borough in advance of any inspection, a fee of $125 for each unit inspected to cover the cost of the inspection, which shall be dedicated to meeting the costs of implementing and enforcing this §
195-10 and shall not be used for any other purpose.
C. The dwelling owner or landlord may directly hire a lead evaluation contractor who is certified to provide lead paint inspection services by the New Jersey Department of Community Affairs to satisfy the requirements of §
195-10B instead of the municipal inspection contemplated by §
195-10B. In the event that a dwelling owner or landlord directly hires such a lead evaluation contractor, the term "Construction Code Official" shall also mean and include such lead evaluation contractor for purposes of this §
195-10 (except for the purposes of §
195-10M).
D. The designated official or such certified lead evaluation contractor
with the duty to inspect single-family, two-family, and multiple rental
dwellings pursuant to this chapter may consult with the local health
board, the State of New Jersey Department of Health, or the State
of New Jersey Department of Community Affairs 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.
E. Notwithstanding anything in §
195-10 to the contrary, a dwelling unit in a single-family, two-family, or multiple rental dwelling shall not be subject to inspection and evaluation for the presence of lead-based paint hazards if the unit:
(1) Has been certified to be free of lead-based paint;
(2) Was constructed during or after 1978;
(3) Is in a multiple dwelling that has been registered with the State
of New Jersey Department of Community Affairs as a multiple dwelling
for at least 10 years, either under the current or a previous owner,
and has no outstanding lead violations from the most recent cyclical
inspection performed on the multiple dwelling under the Hotel and
Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq.;
(4) Is a single-family or two-family seasonal rental dwelling which is
rented for less than six months' duration each year by tenants that
do not have consecutive lease renewals; or
(5) Has a valid lead-safe certification issued in accordance with §
195-10.
F. If the designated official or certified lead evaluation contractor finds that a lead-based paint hazard exists in a dwelling unit upon conducting an inspection pursuant to §
195-10B, then the owner of the dwelling unit shall remediate the lead-based paint hazard by using abatement or lead-based paint hazard control methods, approved in accordance with the provisions of the Lead Hazard Control Assistance Act, N.J.S.A. 52:27D-437.1 et seq. Upon the remediation of the lead-based paint hazard, the Construction Code Official shall conduct an additional inspection of the unit to certify that the hazard no longer exists. The designated official or certified lead evaluation contractor shall charge an additional fee in the amount $75 for such additional inspection.
G. If the designated official or certified lead evaluation contractor finds that no lead-based paint hazards exist in a dwelling unit upon conducting an inspection pursuant to §
195-10B or following remediation of a lead-based paint hazard pursuant to §
195-10F, then the designated official or certified lead evaluation contractor shall certify the dwelling unit as lead-safe on a form prescribed by the New Jersey Department of Community Affairs as provided for in regulations or guidance promulgated pursuant to N.J.S.A. 52:27D-437.20. The lead-safe certification provided to the property owner by the designated official or certified lead evaluation contractor pursuant to this §
195-10G shall be valid for two years.
H. Beginning on the effective date of N.J.S.A. 52:27D-437.16 et seq.,
property owners shall:
(1) Provide evidence of a valid lead-safe certification obtained pursuant to this §
195-10 as well as evidence of the most recent tenant turnover at the time of the cyclical inspection carried out under the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A1 et seq., unless not required to have had an inspection by the Construction Code Official pursuant to §
195-10E(1),
(2), or
(3);
(2) Provide evidence of a valid lead-safe certification obtained pursuant to this §
195-10 to new tenants of the property at the time of tenant turnover unless not required to have had an inspection by the Construction Code Official pursuant to §
195-10E(1),
(2),
(3) and
(4), and shall affix a copy of such certification as an exhibit to the tenant's or tenants' lease; and
(3) Maintain a record of the lead-safe certification which shall include the name or names of the unit's tenant or tenants, if the inspection was conducted during a period of tenancy, unless not required to have had an inspection by the designated official certified lead evaluation contractor pursuant to §
195-10E(1),
(2),
(3) and
(4).
I. If the designated official or certified lead evaluation contractor finds that a lead-based paint hazard exists in a dwelling unit upon conducting an inspection pursuant to this §
195-10, then the designated official or certified lead evaluation contractor shall notify the Commissioner of Community Affairs, who shall review the findings in accordance with the Lead Hazard Control Assistance Act, N.J.S.A. 52:27D-437.8.
J. If a lead hazard is identified in an inspection of one of the dwelling
units in a building consisting of two or three dwelling units, then
the designated official or certified lead evaluation contractor shall
inspect the remainder of the building's dwelling units for lead
hazards, with the exception of dwelling units that have been certified
to be free of lead-based paint. The designated official or certified
lead evaluation contractor may charge an additional fee in the amount
of $75.
K. In addition to the fees charged for inspection of rental housing, $75, the Borough shall assess an additional fee of $20 per unit inspected by the designated official or certified lead evaluation contractor for the purposes of the Lead Hazard Control Assistance Act, N.J.S.A. 52:27D-437.1 et seq., concerning lead hazard control work, unless the unit owner demonstrates that the Department of Community Affairs already has assessed an additional inspection fee of $20 pursuant to the provisions of N.J.S.A. 52:27D-437.10. In a common interest community, any inspection fee charged pursuant to this §
195-10 shall be the responsibility of the unit owner and not the homeowners' association, unless the association is the owner of the unit. The fees collected pursuant to this §
195-10K shall be deposited into the Lead Hazard Control Assistance Fund established pursuant to N.J.S.A. 52:27D-437.4.
L. Inspection methods.
(1) If less than 3% of children tested in the Borough, six years of age
or younger, have a blood lead level greater than or equal to five
ug/dL, according to the central lead screening database maintained
by the State of New Jersey Department of Health pursuant to N.J.S.A.
26:2-137.6, or according to other data deemed appropriate by the commissioner
(as such term is used in and for the purposes of N.J.S.A. 52:27D-437.16),
then the designated official or certified lead evaluation contractor
may inspect a dwelling located therein for lead-based paint hazards
through visual assessment.
(2) If at least 3% of children tested, six years of age or younger, have
a blood lead level greater than or equal to five ug/dL, according
to the central lead screening database maintained by the State of
New Jersey Department of Health pursuant to Section 5 of P.L. 1995,
c. 328 (N.J.S.A. 26:2-137.6), or according to other data deemed appropriate
by the commissioner, then the designated official or certified lead
evaluation contractor shall inspect a dwelling located therein through
dust wipe sampling.
(3) If a lead hazard is identified in an inspection of one of the dwelling units in a building consisting of two or three dwelling units, then the designated official or certified lead evaluation contractor shall inspect the remainder of the building's dwelling units for lead hazards, with the exception of dwelling units that have been certified to be free of lead-based paint. The designated official or certified lead evaluation contractor may charge fees in accordance with this §
195-10 for such additional inspections.
M. The Borough and the designated official or certified lead evaluation contractor shall be authorized to conduct investigations and issue penalties to enforce a property owner's failure to comply with N.J.S.A. 52:27D-437.16 or this §
195-10. If the Borough or the Construction Code Official determines that a property owner has failed to comply with a provision of N.J.S.A. 52:27D-437.16 et seq. or this §
195-10 regarding a rental dwelling unit owned by the property owner, the property owner shall first be given 30 days to cure any violation by conducting the required inspection or initiate any required remediation efforts. If the property owner has not cured the violation after 30 days, the property owner shall be subject to a penalty not to exceed $1,000 per week until the required inspection has been conducted or remediation efforts have been initiated.