[Adopted 8-21-1963 by Ord. No. 202]
No person, firm or corporation shall have, keep, offer for sale,
sell or give away in the City of Hoboken any paint containing more
than 1% of lead, determined as metallic lead-based on the total nonvolatile
content of the paint, unless it bears a warning statement similar
to the following said statement, to be prescribed by the Health Officer:
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"Warning — Contains Lead, Harmful if Eaten. Do not apply
on any interior surfaces of a dwelling, or a place used for the care
of children, or on window sills, toys, cribs or other furniture."
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Such warning statements shall be placed in a conspicuous place
on the immediate container of such paint and shall be printed in letters
which are legible and in conspicuous contrast with other printing
appearing on the container.
Stocks of paints which contain more than 1% of lead and which
were manufactured prior to the enactment of this article can be made
to conform to the labeling requirements of this article by the application
of a separate warning label which shall be affixed directly upon the
existing label, within six months from the passage hereof. However,
no person, firm or corporation shall have, keep, offer for sale, sell
or give away paint containing more than 1% of lead after one year
from the passage hereof, unless the warning is an integral part of
the printed container label.
After one year from the enactment of this article, no label
on a container of paint having more than 1% of lead shall indicate
in any way that the product is suitable for use on interior surfaces
of dwellings.
The Health Officer is hereby authorized and empowered to make
and adopt such rules and regulations as he may deem proper and necessary
for the enforcement of this article for the better protection of the
health of the City.
After the effective date of this article, no person shall use
a paint containing more than 1% of metallic lead-based on the total
nonvolatile content of the paint, on the interior walls, ceiling or
window sills of any apartment or room in any dwelling. As used in
this section, dwelling means any building or structure or portion
thereof which is occupied in whole or in part as the home, residence
or sleeping place of one or more human beings.
When the Health Officer finds that there is a paint containing more than 1% of metallic lead-based on the nonvolatile content of the paint on the interior walls, ceilings or window sills of any dwelling, he may order the removal of the paint, under such safety conditions as he may specify, and the refinishing of the apartment, room or part of a room with a suitable finish which is not in violation of §
125-6 of this article.
[Amended 11-4-1987 by Ord. No. V-140]
Any person, firm or corporation violating any of the provisions
of this article shall, upon conviction thereof, be subject to a fine
not exceeding $1,000 for each offense or imprisonment for 90 days,
or both.
[Adopted 5-1-2024 by Ord. No. B-659]
For purposes of this article only, the following words and terms
shall have the meanings set forth below, in accordance with N.J.S.A.
52:27D-437.16 and N.J.A.C. 5:28A-1.1 et seq.:
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 (HUD) and as conducted
pursuant to N.J.A.C. 5:28A-2.3.
DWELLING
A building containing a room or rooms, or suite, apartment,
unit, or space that is rented and occupied, or intended to be rented
and occupied, for sleeping and dwelling purposes by one or more persons.
DWELLING UNIT
A unit within a building that is rented and occupied, or
intended to be rented and occupied, for sleeping and dwelling purposes
by one or more persons.
MULTIPLE DWELLING
Any building or structure and any land appurtenant thereto,
and any portion thereof, in which three or more dwelling units are
occupied or intended to be occupied by three or more persons living
independently of each other. "Multiple dwelling" also means any group
of 10 or more buildings on a single parcel of land or on contiguous
parcels under common ownership, in each of which two dwelling units
are occupied, or intended to be occupied, by two persons or households
living independently of each other, and any land appurtenant thereto,
and any portion thereof. "Multiple dwelling" does not include those
buildings and structures that are excluded pursuant to N.J.S.A. 55:13A-3(k).
MUNICIPAL INSPECTOR
The Hoboken Housing Official or designee, the Hoboken Health
Officer or designee, the Hoboken Construction Official or designee,
or any enforcement officer appointed by the municipality pursuant
to N.J.S.A. 40:48-2.3 et seq., or any other statutory authorization,
to perform inspections of any building or other code, or any enforcement
officer authorized to enforce the Municipal Housing Code, Property
Maintenance Code, or Health Code, or their designee.
PERIODIC LEAD-BASED PAINT INSPECTION
The initial inspection of all applicable dwelling units at
the earlier of two years from the effective date of P.L. 2021, c.
182, (July 22, 2022) (N.J.S.A. 52:27D-437.16), or tenant turnover
and, thereafter, the earlier of three years or upon tenant turnover,
consistent with N.J.A.C. 5:28A-2.1, for the purposes of identifying
lead-based paint hazards in dwellings subject to this article.
REMEDIATION
Interim controls or lead abatement work undertaken in conformance
with this article to address lead-based paint hazards.
TENANT TURNOVER
The time at which all existing occupants vacate a dwelling
unit, and all new tenants move into the dwelling unit, or the time
at which a new tenant enters a vacant dwelling unit.
Whenever any multiple-dwelling unit is scheduled for a tenant
turnover, the then-current landlord, owner and/or agent shall provide
written notice to the Municipal Inspector that an inspection is needed
at least 20 calendar days' prior to the scheduled date of the
tenant turnover.
All inspections and reinspections shall take place within 15
calendar days of the requested inspection. Inspection fees shall be
paid prior to the inspection. No inspections or reinspections shall
take place unless all fees are paid. Scheduled inspections or reinspections
may be canceled by the Municipal Inspector, unless the completed application
and required fees have been received by the municipality at least
24 hours prior to the scheduled inspection, or on the last working
day prior to the scheduled inspection. Every inspection for which
the landlord, tenant, owner or agent has failed to provide access
for inspection shall be deemed a failed inspection.
The owner of the dwelling unit shall be responsible for remediation
of the lead-based paint hazard. Remediation and any reinspections
required following remediation must be conducted consistent with N.J.A.C.
5:28A-2.5. Documentation of such remediation shall be provided to
the Municipal Inspector.