[HISTORY: Adopted by the Council of the Borough
of Fair Lawn 12-9-1997 by Ord. No. 1706-97. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
The use for the removal of lead paint of electric or hydraulic
powered sanding tools that have attachments that while sanding paint
simultaneously vacuums dust and chips into a HEPA-filtered vacuum
device or otherwise contain and control chips and dust from being
released into the environment.
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.
[Added 10-25-2022 by Ord. No. 2636-2022]
A high efficient filter that filters out fine particles of
dust at 99.7% of fine particles at 0.3 microns in size.
Paint that contains more than 0.5% by dry weight of lead
or that contains more than one milligram of lead per square centimeter
of paint surface when measured by an X-ray fluorescence (XRF) analyzer.
A person certified by the Department of Community Affairs
to perform lead inspection and risk assessment work which includes
the ability to perform dust wipe sampling pursuant to N.J.A.C. 5:17-1.1
et seq.
[Added 10-25-2022 by Ord. No. 2636-2022]
Any condition that causes exposure to lead from lead-contaminated
dust or lead-contaminated paint that is deteriorated or present in
surfaces that would result in adverse human health effects.
[Added 10-25-2022 by Ord. No. 2636-2022]
A certification, which confirms that a lead-based paint inspection
was performed and that no lead-based paint exists in the dwelling
unit or that all lead-based paint hazards have been fully abated.
[Added 10-25-2022 by Ord. No. 2636-2022]
A certification, which confirms that a lead-based paint inspection
was performed and that no lead-based paint hazards were found. This
certification is valid for two years from the date of issuance.
[Added 10-25-2022 by Ord. No. 2636-2022]
Any individual, corporation, employee, company, association,
firm or partnership.
The time at which all existing occupants vacate a dwelling
unit and all new tenants move into the dwelling unit.
[Added 10-25-2022 by Ord. No. 2636-2022]
The use for the removal of paint of electric or hydraulic
powered sanding tools that do not have attachments that while sanding
paint simultaneously vacuums dust and chips into a HEPA-filtered vacuum
device or otherwise contain and control chips and dust from being
released into the environment.
A visual examination for deteriorated paint or visible surface
dust, debris or residue.
[Added 10-25-2022 by Ord. No. 2636-2022]
A person that is certified to perform a visual assessment.
[Added 10-25-2022 by Ord. No. 2636-2022]
A.
No person shall remove lead base paint on the exterior
surfaces of a house or other structure by the method of unconfined
power sanding.
B.
When exterior lead base paint is removed by the confined
power sanding or other methods such as scraping, manual sanding or
power washing, drop cloths or other ground cover shall be used as
much as possible to catch chips and dust from these methods of paint
removal. Chips and dust that fall onto the ground shall be cleaned
to sight.
C.
Prior to removal of exterior lead base paint, windows
of the structures being painted shall be closed and sealed with tape
or other barrier to prevent entry of chips and dust into the interior
of the house.
D.
Following paint removal, cleanup of dust and chips
on window surfaces, driveways, sidewalks and other ground surfaces
shall be done. Paint dust and chips shall not be dispersed by blowers
or hose water. Paint chips and dust collected shall be placed in double
plastic bags of not less than three mils each of thickness and not
weighing more than 20 pounds.
E.
Collected paint chips and dust shall be left with
the owner or resident and shall be disposed of in the regular municipal
household garbage collection.
[Added 10-25-2022 by Ord. No. 2636-2022[1]]
A.
A lead inspector for the Borough shall inspect every single-family,
two-family and multiple-rental dwelling with the Borough for lead-based
paint hazards through visual assessment and dust wipe sampling in
accordance with N.J.S.A. 52:27D-437.16 et seq., as amended.
B.
The property owner or landlord may, in lieu of having the dwelling
inspected by the Borough's lead inspector, directly hire a private
lead inspector who is certified to perform lead-based paint inspection
in accordance with N.J.S.A. 52:27D-437.16 et seq., as amended.
C.
In accordance with N.J.S.A. 52:27D-437.16(c), a dwelling unit in
a single-family, two-family, or multiple-rental dwelling shall not
be subject to inspection and evaluation of lead-based paint hazards
if the unit:
(1)
Has been certified either free of lead-based paint after an abatement
is completed or an evaluation has confirmed there is no lead-based
paint in the dwelling;
(2)
Was constructed during or after 1978;
(3)
Has been registered with the New Jersey Department of Community Affairs(DCA)
as a multiple dwelling for at least 10 years, either under current
or previous owner, and has no outstanding lead violations from the
most recent cyclical inspection;
(4)
Is a single-family or two-family 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.
D.
If lead-based paint hazards are identified, then the owner of the
dwelling shall remediate the hazards through abatement or lead-based
hazard control mechanisms in accordance with N.J.S.A. 52:27D-437.16(d).
Upon the remediation of the lead-based paint hazard, the Borough's
lead inspector or visual assessor, as may be applicable, or the owner's
private lead inspector, shall conduct an additional inspection of
the unit to certify that the hazard no longer exists.
E.
If no lead-based paint hazards are identified, then the Borough's
lead inspector or the owner's private lead inspector shall certify
the dwelling as lead safe on a form prescribed by the New Jersey Department
of Community Affairs, which shall be valid for two years.
F.
In accordance with N.J.S.A. 52:27D-437.16(e), property owners shall:
(1)
Provide evidence of a valid lead-safe certification and the most
recent tenant turnover to the Borough at the time of the cyclical
inspection.
(2)
Provide evidence of a valid lead-safe certification to new tenants
of the property at the time of tenant turnover and shall affix a copy
of such certification as an exhibit to the tenant's or tenants'
lease.
(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.
G.
The fees for a lead-based paint inspection shall be as follows:
(1)
The fee for a visual assessment and dust wipe sampling inspection
performed by the Borough's lead inspector shall be $300 for a
dwelling that has one bedroom. There shall be an additional fee of
$30 for each additional bedroom in the dwelling unit.
(2)
The fee for a visual assessment inspection performed by the Borough's
lead inspector shall be $125 per dwelling unit.
(3)
The fee for the filing of lead-safe certification or lead-free certification
shall be $25.
(4)
In accordance with N.J.S.A. 52:27d-437.16(h), an additional fee of
$20 per dwelling unit inspected by the Borough's lead inspector
or the owner's private lead inspector shall be assessed for the
purposes of the Lead Hazard Control Assistance Act[2] unless the unit owner demonstrates that the New Jersey
Department of Community Affairs has already assessed an additional
inspection fee of $20. The fees collected pursuant to this subsection
shall be deposited into the Lead Hazard Control Assistance Fund.
[2]
Editor's Note: See N.J.S.A. 52:27D-437.1 et seq.
[Amended 10-25-2022 by Ord. No. 2636-2022]
This chapter shall be enforceable by the Borough's
Lead Inspector, Health Officer or Construction Official.
B.
In lieu of issuing a summons or complaint in Municipal
Court, an order to immediately cease unconfined power sanding or to
clean and remove leaded paint chips and dust within a reasonable time
period may be issued by the enforcement official.
C.
In accordance with N.J.S.A. 52:27D-437.19, the penalties for a violation of § 131-3D and F shall be as follows:
[Added 10-25-2022 by Ord. No. 2636-2022]
(1)
If
a property owner has failed to conduct the required inspection or
initiate any remediation efforts, the property owner shall be given
30 days to cure the violation.
(2)
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.
