[HISTORY: Adopted by the Township Council
of the Township of Pemberton 5-17-2006 by Ord. No. 5-2006;[1] amended in its entirety 6-6-2018 by Ord. No. 6-2018. Subsequent amendments
noted where applicable.]
GENERAL REFERENCES
Numbering of buildings — See Ch. 78.
Uniform construction codes — See Ch. 86.
Unfit buildings — See Ch. 92.
Fire prevention — See Ch. 107.
Noise — See Ch. 132.
Public nuisances — See Ch. 134.
Property maintenance — See Ch. 145.
[1]
Editor's Note: This local law supersedes former
Ch. 148, Rental Properties, which consisted of Art. I, Inspection,
adopted 5-4-1984 by Ord. No. 8-1984, as amended.
Unless the context clearly indicates a different meaning, the
following words or phrases, when used in this chapter, shall have
the following meanings:
The individuals designated by the owner as the person(s) authorized by the owner to perform any duty imposed upon the owner by this chapter. If the owner provides no such designation, the owner shall be considered the agent or managing agent. In any event, the owner shall be responsible for any acts or omission by the designated agent. The term does not necessarily mean a licensed real estate broker or salesman of the State of New Jersey as those terms are defined by the N.J.S.A. 45:15- 3; however, such term may include a licensed real estate broker or salesman of the State of New Jersey if such person designated by the owner as his agent is so licensed. The person designated as an agent or managing agent may be the same individual that is identified as an operator in § 145-3 of this Code.
[Amended 6-16-2021 by Ord. No. 26-2021]
Any apartment, cottage, bungalow or other dwelling unit consisting
of one or more rooms occupying all or part of a floor or floors in
a building of one or more floors or stories, but not the entire building,
whether designed with or without housekeeping facilities for dwelling
purposes and notwithstanding whether the apartment is designed for
residence, office or the operation of any industry or business or
any other type of independent use.
Any building or structure or part thereof used for human
habitation, use or occupancy, and includes any accessory buildings
and appurtenances belonging thereto or usually enjoyed therewith.
Any room or rooms or suite or apartment thereof, whether
furnished or unfurnished, which is occupied or intended, arranged,
designed to be occupied for sleeping dwelling purposes by one or more
persons, including but not limited to the owner thereof or any of
his servants, agents or employees, and shall include all privileges,
services, furnishings, furniture, equipment, facilities and improvements
connected with the use or occupancy thereof.
A person occupying a dwelling unit for 30 days or less.
A room or enclosed floor space within a dwelling unit used
or designed to be used for living, sleeping, cooking or eating purposes,
excluding bathrooms, water closet compartments, laundries, pantries,
foyers or communicating corridors, closets and storage space.
The license issued by the Director of Community Development,
or his or her designee, attesting that the rental unit has been properly
registered in accordance with this chapter.
The person to whom the license is issued pursuant to this
chapter. The term "licensee" includes within its definition the term
"agent," where applicable.
A room or group of rooms containing no cooking facilities,
used for living purposes by a separate family or group of person living
together or by a person living alone, within a building.
See "agent."
A person occupying a dwelling unit for more than 30 days.
Any person who, alone or jointly or severally with others,
shall have legal or equitable title to any premises, with or without
accompanying actual possession thereof, or shall have charge, care
or control of any dwelling or dwelling unit as owner or agent of the
owner, or as fiduciary, including but not limited to: executor, executrix,
administrator, administratrix, trustee, receiver or guardian of the
estate, or as a mortgagee in possession regardless of how such possession
was obtained. Any person who is a lessee subletting or reassigning
any part or all of any dwelling or dwelling unit shall be deemed to
be a co-owner with the lessor and shall have joint responsibility
over the portion of the premises sublet or assigned by said lessee.
[Amended 6-16-2021 by Ord. No. 26-2021]
A person to whom a permit is issued hereunder.
An individual, firm, corporation, partnership, association,
trust or other legal entity, or any combination thereof.
The person or person to whom a rental unit is leased or rented
by the licensee.
Any "apartment," "dwelling," "building," "dwelling unit,"
"habitable room," or "lodging unit," as defined by this chapter, which
is rented or offered for rent, for living and dwelling purposes regardless
of the consideration for occupancy, including but not limited to money
paid, services rendered, or accommodation incident to employment.
[Amended 6-16-2021 by Ord. No. 26-2021]
The number of individuals who may be properly accommodated
in the beds and other sleeping facilities located within any rental
unit.
[Amended 6-16-2021 by Ord. No. 26-2021; 4-5-2023 by Ord. No. 11-2023]
All rental units shall hereafter be registered with the Director
of Community Development or his or her designee on forms which shall
be provided for that purpose and which shall be obtained from the
Director of Community Development or his or her designee. Such registration
shall occur immediately upon every change in occupancy; however, if
there has not been a change in occupancy in three years, then the
owner or agent of a rental unit shall register on the first day of
the month following the expiration of the three-year period.
[Amended 4-5-2023 by Ord. No. 11-2023]
Each rental unit shall be registered and licensed with the Township.
The license terms shall commence upon the date of occupancy of a new
tenant, or upon the expiration of the prior registration of a continuing
tenant, and such registration shall be valid for a three-year period
unless there is a subsequent change of occupancy, at which time the
previous registration shall expire and a new registration shall occur.
All rental units must be registered, inspected and licensed in accordance
with this chapter. No rental unit shall hereafter be rented unless
the rental unit is registered and licensed in accordance with this
chapter.
A.
Each rental unit shall be inspected at least once every three years,
upon each change of occupancy, and as otherwise necessitated by safety
considerations, alleged violations and as otherwise required by this
chapter. The initial inspection shall occur prior to occupancy in
which a license is sought pursuant to this chapter.
[Amended 4-5-2023 by Ord. No. 11-2023]
B.
Rental units registered with the State of New Jersey pursuant to
the Hotel and Multiple Dwelling Act as defined in N.J.S.A. 55:13A-3,
and inspected every five years in accordance with applicable regulations,
shall be inspected by the Township solely upon each change of occupancy,
and as otherwise necessitated by safety considerations, alleged violations,
and as otherwise required by this chapter.
C.
Inspections performed by the Township as required by this chapter
shall be for the purpose of determining zoning ordinance compliance
and, to the extent applicable, to determine if the property complies
with the Housing Code and/or Building Code and/or Uniform Fire Safety
Code and/or the Property Maintenance Code.
D.
In the event that the inspection of a rental unit by the Township
does not result in a satisfactory determination, such property shall
not thereafter be registered nor shall a license be issued, and the
owner of the property or his agent shall not lease or rent such property
nor shall any tenant occupy the property until the necessary corrections
have been made so as to bring the rental unit into compliance with
the applicable codes and the rental unit is thereafter subsequently
registered and licensed. In the event that the rental unit is occupied
when such conditions are discovered, all such corrections shall be
made within 30 days unless safety considerations, as determined by
the enforcement officer, require immediate correction. If not made
within that time period, the owner or agent shall be deemed in violation
of this chapter, and every day that the violation continues shall
constitute a separate offense.
[Amended 6-16-2021 by Ord. No. 26-2021]
E.
No property shall be licensed unless the owner or agent thereof produces,
at the time of registration, a current, valid certificate of inspection
indicating that the property has either been inspected by the State
of New Jersey, Division of Codes and Standards, Bureau of Housing
or by the officials of the Township of Pemberton having jurisdiction
and that the property does not contain any code violations.
[Amended 6-16-2021 by Ord. No. 26-2021]
[Amended 6-16-2021 by Ord. No. 26-2021]
No person shall hereafter occupy any rental unit nor shall the
owner or agent permit occupancy of any rental unit within the Township
of Pemberton which is not registered and licensed in accordance with
this chapter.
[Amended 6-16-2021 by Ord. No. 26-2021]
Upon the filing of a completed registration form, the provision
of a satisfactory and current certificate of inspection, and payment
of the prescribed fee, the owner or agent shall be entitled to the
issuance of a license for a five-year period commencing January 1
of the respective year in which said application was filed, unless
there is a change in occupancy of the unit. A separate registration
form shall be required for each rental and a license shall be issued
to the owner or agent for each individual unit, notwithstanding the
existence of multi-rental-units on the same property. Each renewal
for licensure shall be made and filed prior to the expiration of the
rental license which occurs annually on December 31.
A.
At the time of filing a rental registration form and prior to the
issuance of the license, the owner or agent of the owner shall pay
a registration and initial inspection fee of $150. Each reinspection
that is required as a result of unsatisfactory inspections shall require
an additional payment of $100 prior to the issuance of a license.
[Amended 4-5-2023 by Ord. No. 11-2023]
B.
Notwithstanding § 148-7A, the owner or agent of the owner of rental units registered with the State of New Jersey pursuant to the Hotel and Multiple Dwelling Act, as defined in N.J.S.A. 55:13A-3, and inspected within five years shall pay no registration and/or inspection fees except upon each change of occupancy, and as otherwise necessitated by safety considerations, and/or alleged violations.
C.
If the owner of the property is a senior citizen who resides in one
unit of a two unit property, and rents out the remaining unit and
would otherwise qualify under the State of New Jersey property tax
deduction, there shall be no fee.
D.
If any fee is not paid within 30 days of its due date, a late fee
of $5 per day thereafter shall be charged and payable prior to the
issuance of a license.
In accordance with N.J.S.A. 46:8-28, all rental units shall
be registered and licensed as provided herein.
A.
Every owner or agent shall file with the Director of Community Development
or his or her designee a registration form or other forms developed
by the Township for each rental unit contained within a building or
structure, which shall include the following information:
[Amended 6-16-2021 by Ord. No. 26-2021]
(1)
The name, address, email address and telephone number of the owner
or owners of the premises and the record owner or owners of the rental
business, if the not the same persons, shall be provided. In the case
of a partnership, the names and addresses of all general partners
shall be provided, together with the telephone numbers for each individual
partner, indicating where such individual may be reached both during
the day and evening hours, which telephone numbers shall include cell
phone numbers. If the record owner is a corporation, the name and
address of the registered agent and corporate officers of said corporation
shall be provided, together with the telephone number for each such
individual indicating where such individual may be reached both during
the day and evening hours, which shall include providing the cell
phone numbers of each such individual. All registration addresses
shall be physical addresses; post office boxes alone are insufficient.
(2)
If the address of the owner of record is not located in the County
of Burlington, the name, address, email address and telephone number
of a person who resides in the County of Burlington who is authorized
to accept notices from a tenant and to issue receipts therefor and
to accept service of process on behalf of the owner of record.
(3)
The name, address, email address and telephone number of the managing
agent of the premises, if any.
(4)
The name, address and telephone number of the superintendent, janitor,
custodian or other individual employed by the owner of record or managing
agent to provide regular maintenance service, if any.
(5)
The name, address and telephone number of an individual representative
of the owner of record or managing agent who may be reached or contacted
any time in the event of an emergency affecting the premises or any
unit of dwelling space therein, including such emergencies as the
failure of any essential service or system, and who has the authority
to make emergency decisions concerning the building and any repair
thereto or expenditure in connection therewith.
(6)
The name and address of every holder of a recorded mortgage on the
premises.
(7)
If fuel oil is used to heat the building and the landlord furnishes
the heat in the building, the name and address of the fuel oil dealer
servicing the building and the grade of fuel oil used.
(8)
As to each rental unit, a specification of the exact number of sleeping
rooms contained in the rental unit and the exact number of sleeping
accommodations contained in each of the sleeping rooms, identifying
each sleeping room specifically by number and location within the
building, apartment or dwelling and by the square footage thereof,
along with the maximum occupancy of each rental unit.
(9)
Name, address and telephone number of any and all rental agencies
with the authority to lease or otherwise permit occupancy of the subject
premises.
(10)
Number of occupants or tenants occupying the rental unit, and
name of occupants to whom rented.
(11)
Whether or not the landlord has conducted a tenant screening
for each new tenant and authorized adult household member.
(12)
The
name, address and telephone number of any company that provides on-site
security or that monitors any security or alarm systems including,
but not limited to security cameras, fire alarms, burglar alarms or
equipment alarms.
(13)
Such other information as may be prescribed by the Township
on the appropriate form or otherwise by ordinance or resolution.
The Director of Community Development or his or her designee
shall index and retain registration forms and make same reasonably
available for public inspection. In doing so, the Director of Community
Development or his or her designee shall follow the mandates of N.J.S.A.
46:8-28.1, as amended and supplemented, so that the filing of the
registration form will simultaneously satisfy the registration requirements
of N.J.S.A. 46:8-28 to the extent that it applies to the property
being registered and will also satisfy the registration requirements
of this chapter. The Director of Community Development or his or her
designee shall maintain a master index of all such registration forms
and any person may obtain from the Director of Community Development
or designee a list of all rental units property registered and licensed
in accordance with the Open Public Records Act.
[Amended 6-16-2021 by Ord. No. 26-2021]
Every person required to file a registration form pursuant to
this chapter shall file an amended registration form within 20 days
of any change in the information required to be included thereon.
No fee shall be required for the filing of an amendment, with the
exception of a change in ownership of the premises. A new form must
be filed if there is a change in tenants of a dwelling unit rented,
including the change of a single tenant where a dwelling unit is rented
to more than one tenant.
[Amended 6-16-2021 by Ord. No. 26-2021]
The owner or agent shall provide each occupant or tenant occupying
a rental unit with a copy of the rental registration ordinance and
registration form required by this chapter and with the Truth in Renting
Handbook published by the New Jersey Department of Community Affairs.
This provision shall not apply to any hotel, motel, or guesthouse
or bed-and-breakfast registered with the State of New Jersey pursuant
to the Hotel and Multiple Dwelling Act as defined in N.J.S.A. 55:13A-3.
Each licensee granted a license pursuant to this chapter shall
be permitted to lease or rent the rental unit which has been registered
and for which a license has been granted hereunder to a specific number
of registered tenants, which number shall not exceed the number which
has been computed in accordance with the following:
A.
Every room occupied for sleeping purposes by one occupant shall contain
at least 70 square feet of floor area, and every room occupied for
sleeping purposes by more than one person shall contain at least 50
square feet of floor area for each occupant thereof.
B.
Rental units shall not be occupied by more occupants than permitted
by the maxim occupancy area requirements of Table 1.
|
Table 1
| |||
|---|---|---|---|
|
Minimum Occupancy Area Requirements
| |||
|
Minimum Occupancy Area in Square Feet
| |||
|
Space
|
1-2 Occupants
|
3-5 Occupants
|
6 or more
|
|
Living room
|
No requirements
|
120
|
150
|
|
Dining room
|
No requirements
|
80
|
100
|
|
Kitchen
|
50
|
50
|
60
|
|
Bedrooms
|
Shall comply with § 148-12A
| ||
C.
Combined living-room and dining-room spaces shall comply with the
requirements of Table 1 if the total area is equal to that required
for separate rooms and if the space is so located that functions as
a combination living room/dining room.
D.
Decks/porches. The maximum allowable occupancy on any deck shall
be one person per nine square feet.
[Amended 6-16-2021 by Ord. No. 26-2021]
A.
It shall be unlawful and a violation of this chapter for an owner,
agent, permittee, lessor or registered tenant of any registered dwelling
to allow a number of people greater than the maximum number of occupants
listed on the registration form. It shall also be a violation of this
chapter for the owner, agent, permittee, lessor or registered tenant
to lease a dwelling unit to a number or group of tenants which exceeds
the total number of sleeping accommodations which has been set forth
in the permit for which application was made under this chapter. It
shall also be unlawful for an owner, agent, permittee, lessor or registered
tenant to allow a number of people greater than the maximum number
of people permitted to occupy the decks or porches of a dwelling unit.
B.
The police officers of the Pemberton Township Police Department and/or
the Director of Community Development or his or her designees are
authorized to issue a summons for a violation of this chapter to any
owner, agent, permittee, lessor or registered tenant found to be in
violation of any of the provisions of this chapter.
[Amended 6-16-2021 by Ord. No. 26-2021]
No rental unit shall be registered and no license shall be issued
for any property containing a rental unit unless all municipal taxes,
water, sewer and solid waste charges and other municipal assessments
are current.
[Amended 6-16-2021 by Ord. No. 26-2021]
A.
Designated officers assigned to conduct inspections or enforce the provisions of Chapter 148 are hereby authorized to make inspections to determine the condition of such promote the purposes of this chapter to safeguard the health, safety, welfare of the occupants of rental units and of the general public. For the purposes of making such inspections, the inspecting or enforcing officers are hereby authorized to enter, examine and survey rental units after giving 48 hours' notice unless there is an emergency requiring immediate access. The owner, agent or occupant of every rental unit shall allow the inspecting or enforcing officer free access to the rental unit at all reasonable times for the purpose of such inspections, examinations and surveys, including inspections of the registration forms and other forms required to be supplied to each tenant.
B.
Every occupant shall give the owner or agent of the rental unit access
to any part of such rental unit after giving 48 hours' notice unless
there is an emergency requiring immediate access for the purpose of
making such repairs or alterations as are necessary to effect compliance
with the provisions of this chapter or any lawful order issued pursuant
thereto.
C.
Within 10 days of the receipt of a complaint alleging a violation
of this chapter, an inspection officer shall conduct an inspection
as herein provided.
[Amended 6-16-2021 by Ord. No. 26-2021]
A.
No rental unit shall be used or conducted in a manner which shall
result in any unreasonable disturbance or disruption to the surrounding
properties and property owners or the public in general, such that
it shall constitute a nuisance as defined in the ordinance of the
Township of Pemberton.
B.
The maintenance of all rental units and the conduct engaged in upon
the premises of such by occupants and their guests shall at all times
be in full compliance with all applicable ordinances and regulations
of the Township of Pemberton, state and federal laws.
C.
For the purposes of this section, multiple calls for police services at a rental unit, whether initiated by the occupants or others, wherein the Police Department determines that the conduct and/or activities occurring within the rental unit or on the premises of such constitute, on two occasions in any rolling twelve-month period, a disturbance of the peace and quiet of the neighborhood or other rental units within proximity thereto, or a combination of four police service incidents and/or violations of the Property Maintenance Code at Chapter 145 in any rolling twelve-month period shall be deemed a violation of the provisions of § 148-16.
[Amended 4-5-2023 by Ord. No. 11-2023]
D.
Any landlord, tenant, or other person violating the provisions of
this section shall be subject to the penalty provisions of this chapter.
A.
Grounds. In addition to any other penalty prescribed herein, an owner
or agent may be subject to the revocation or suspension of a rental
license issued hereunder upon the occurrence of one or more of the
following:
[Amended 6-16-2021 by Ord. No. 26-2021]
(1)
Conviction of a violation of this chapter in the Municipal Court
or other court of competent jurisdiction.
(3)
Permitting the rental unit to be occupied by more than the maximum
number of occupants as defined herein.
(4)
Maintaining the rental unit or units or the property on which the
rental unit is located in a dangerous condition likely to result in
injury to persons or property.
(6)
A rental license issued under this chapter shall be suspended and
considered revoked if taxes or other assessments are delinquent for
three consecutive quarters. Upon payment of such delinquent taxes
or assessments, the license or permit shall be restored, upon new
inspections for occupancy taking place.
B.
Procedure; written complaint; notice; hearing.
(1)
A complaint seeking the revocation or suspension of a license may
be filed by one or more of the following: the Chief of Police, the
Director of Community Development, or their designees. Such complaint
shall be in writing and filed with the Director of Community Development
or his or her designee. The complaint shall be specific and shall
be sufficient to apprise the licensee of the charges so as to allow
the licensee the opportunity to present a defense. The individual
filing the complaint may do so on the basis of information and belief
and need not rely on personal information.
[Amended 6-16-2021 by Ord. No. 26-2021]
(2)
Upon the filing of such written complaint, the Director of Community
Development shall immediately inform the Township Business Administrator,
who shall schedule a hearing on a date which shall not be sooner than
10 days nor more than 30 days thereafter. The Director of Community
Development shall forward a copy of the complaint and a notice as
to the date of the hearing to the licensee and the managing agent,
if any, at the address indicated on the rental registration form.
All such correspondence shall be sent by certified mail, return receipt
requested. Service upon the managing agent shall be sufficient.
(3)
The hearing required by this section shall be held before the Township
Business Administrator, or designee, who shall render a written decision
within 20 days of the conclusion of the hearing.
(4)
An audio recording shall be made of the hearing. All witnesses shall
be sworn prior to testifying. The strict rules of evidence shall not
apply and the evidential rules and burden of proof shall be that which
generally controls administrative hearings.
(5)
The Township Solicitor, a special prosecutor appointed by the Mayor
with the consent of the Township Council, or the Director of Community
Development shall appear and prosecute on behalf of the complainant
in all hearings conducted pursuant to this section.
C.
Defenses. The demonstration that the owner or agent has abated the
conditions or circumstances giving rise to the revocation proceeding
including, but not limited to, the institution of legal action against
the tenant(s), occupant(s) or guest(s) for the recovery of the premises,
eviction of the tenant(s) or otherwise in accordance with this chapter
within the time provided by the inspecting or enforcement officer
in accordance with this chapter shall be a defense to any proceeding
for the revocation, suspension, or other disciplinary action involving
the rental.
[Amended 6-16-2021 by Ord. No. 26-2021]
In addition to the penalties set forth in N.J.S.A. 46:8-35,
any person who violates any provision of this chapter shall, upon
conviction in the Municipal Court of the Township of Pemberton or
such other court having jurisdiction, be liable for a minimum fine
of $250 (or higher if permitted by court order) and a maximum fine
not to exceed $2,000 or imprisonment or community service not exceeding
90 days, or any combination thereof. Each day that the violation occurs
shall be considered a separate and distinct violation subject to the
penalty provisions of this chapter. Any person who is convicted of
violating this chapter within one year of the date of the previous
violation of this chapter and who was fined for same shall be sentenced
by the court to an additional fine as a repeat offender and calculated
separately from the fine imposed for the violation of the chapter.
A.
Any of the violations referred to in this chapter may be enforced,
as applicable, by the Police Department, the Department of Community
Development, or such other persons designated by the Township Business
Administrator, or having such authority by law.
B.
Any of the violations referred to in this chapter may be enforced,
as applicable, by an entity, and the entity's employees, on behalf
of the Township by way of a contract for the performance of inspection
and enforcement services under the direction of the Director of Community
Development and the Business Administrator, as specifically set forth
in a written agreement approved by the Mayor and authorized by resolution
of the Township Council.
[Added 6-16-2021 by Ord. No. 26-2021]
[Added 4-5-2023 by Ord. No. 11-2023]
In accordance with P.L. 2021, c. 182, and N.J.A.C. 5:28A-1 et
seq., all rental dwellings shall comply with the provisions provided
herein.
A.
DUST WIPE SAMPLING
DWELLING
DWELLING UNIT
INTERIM CONTROLS
LEAD ABATEMENT
LEAD ABATEMENT CONTRACTOR
LEAD ABATEMENT WORKER
LEAD EVALUATION CONTRACTOR
LEAD FREE
LEAD INSPECTOR OR RISK ASSESSOR
LEAD SAFE
LEAD-BASED HAZARD CONTROL METHODS
LEAD-BASED PAINT
LEAD-BASED PAINT HAZARD
LEAD-SAFE CERTIFICATION
MULTIPLE DWELLING
MUNICIPALITY
PERIODIC LEAD-BASED PAINT INSPECTION
PERMANENT LOCAL AGENCY
REMEDIATION
TENANT TURNOVER
VISUAL ASSESSMENT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
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.
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.
A set of measures designed to reduce temporarily human exposure
or likely exposure to lead-based paint hazards, including specialized
cleaning, repairs, maintenance, painting, temporary containment, ongoing
monitoring of lead-based paint hazards or potential hazards, and the
establishment and operation of management and resident education programs
and as it is defined under 42 U.S.C. § 4851b and regulations
implemented pursuant thereto.
A set of measures designed to permanently eliminate lead-based
paint hazards in accordance with standards established by the Commissioner
of the New Jersey Department of Community Affairs in N.J.A.C. 5:17.
A firm certified by the New Jersey Department of Community
Affairs to perform lead abatement work pursuant to N.J.A.C. 5:17.
An individual certified by the New Jersey Department of Health
to perform lead abatement work pursuant to N.J.A.C. 8:62.
A firm certified by the New Jersey Department of Community
Affairs to perform lead inspection and risk assessment work pursuant
to N.J.A.C. 5:17, including the ability to perform dust wipe sampling.
A dwelling or dwelling unit that has been confirmed to have
fully abated all lead-based paint hazards or that no lead-based paint
exists in the dwelling or dwelling unit.
An individual certified by the New Jersey Department of Health
to perform lead inspection and risk assessment work pursuant to N.J.A.C.
8:62, including the ability to perform dust wipe sampling.
A dwelling that has no outstanding lead-based paint hazards,
but the dwelling is not necessarily lead free.
Interim controls, as defined above.
Paint or other surface coating material that contains lead
in excess of 1.0 milligrams per centimeter square or in excess of
0.5% by weight, or such other level as may be established by federal
law.
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.
The certification issued pursuant to the regulations promulgated
pursuant to P.L. 2021, c.182, which confirms that a periodic inspection,
as defined below, was performed, and no lead-based paint hazards were
found. This certification is valid for two years from the date of
issuance.
Any building or structure and any land appurtenant thereto,
an 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; and 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 appurtenance thereto, and any portion thereof.
"Multiple dwelling" does not include those buildings and structures
that are excluded by statute [see N.J.S.A. 55:13A-3(k)].
Township of Pemberton, Burlington County, New Jersey.
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, or tenant turnover, and thereafter the earlier
of three years or upon tenant turnover for the purposes or identifying
lead-based paint hazards in dwelling subject to P.L. 2021, c.182.
A local, municipal agency maintained for the purpose of conducting
inspections and enforcing laws, ordinance, and regulations concerning
buildings and structures within its jurisdiction. The permanent local
agency shall be the Pemberton Township Department of Community Development,
Code Enforcement Division.
Interim controls or lead abatement work undertaken in conformance
with this chapter and state regulations to address lead-based paint
hazards.
The time at which all existing occupants vacate a dwelling
unit, and all new tenants move into the dwelling units or the time
at which a new tenant enters a vacant dwelling unit.
A visual examination for deteriorated paint or visible surface
dust, debris, or residue.
B.
Dwellings that must be inspected pursuant to P.L. 2021, c. 182.
(1)
Single-family, two-family, and multiple rental dwellings shall be
inspected for lead-based paint hazards, except for the following types
of dwellings:
(a)
Dwellings that were constructed during or after 1978.
(b)
Single-family and two-family seasonal rental dwellings which
are rented for less than six-month durations each year by tenants
that do not have consecutive lease renewals. This exemption for seasonal
rental dwellings does not extend to seasonal multiple dwellings.
(c)
Dwellings that have been certified to be free of lead-based
paint pursuant to N.J.A.C. 5:17-3.16(b) either after an abatement
is completed or an evaluation has confirmed that there is no lead-based
paint in the dwelling.
(d)
Multiple rental dwellings that have been registered with the
New Jersey Department of Community Affairs for at least 10 years and
have 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).
(e)
Dwellings with a valid lead-safe certificate issued pursuant
to P.L. 2021, c. 182. Lead-safe certificates are valid for two years
from the date of issuance.
C.
Requirements of municipality.
(1)
The municipality is obligated, pursuant to P.L. 2021, c.182, to perform
or hire a certified lead evaluation contractor to perform inspections
of nonexempt single-family, two-family, and multiple rental dwellings
for lead-based paint hazards, as specified in the law. In all cases,
ensuring inspections occur is the responsibility of the municipality.
(a)
The municipality shall permit dwelling owners/landlords to directly
hire a certified lead evaluation contractor to perform inspections.
(b)
The municipality may perform supplemental inspections in dwellings
where the owner has directly hired a certified lead evaluation contractor
to perform the periodic lead-based paint inspections to confirm that
such inspections are being conducted in accordance with the legal
requirements.
(c)
The municipality can prohibit dwelling owners from directly
hiring a lead evaluation contractor if the owner has previously failed
to have the periodic inspections completed or if there is a perceived
or actual conflict of interest between the owner and its choice of
lead evaluation contractor as determined by the municipality, and
instead require owners to utilize municipal inspectors or lead evaluation
contractors contracted by the municipality for this purpose.
(2)
Inspections.
(a)
All rental dwelling units required to be inspected pursuant
to P.L. 2021, c. 182 must be inspected for lead-based paint within
two years of the effective date of the law, July 2, 2022, or upon
tenant turnover, whichever is earlier. The first inspection must occur
no later than July 22, 2024.
(b)
For nonexempt dwelling units, after the initial inspection is
conducted, units shall be inspected for lead-based paint hazards every
three years, or upon tenant turnover, whichever is earlier.
(c)
An inspection upon tenant turnover is not required if the owner/landlord
has a valid lead-safe certificate. Lead-safe certificates are valid
for two years. Accordingly, if the lead-safe certificate has not expired
upon tenant turnover, the next inspection will be three years from
the prior inspection. If the lead-safe certificate has expired upon
tenant turnover, an inspection will be required upon tenant turnover.
(d)
Periodic lead-based paint inspection applies to interior spaces
within dwellings.
(e)
If 3% of children tested in the municipality, six years or younger,
have a blood level greater than or equal to five micrograms per deciliter,
the inspection may be carried out through visual inspection, pursuant
to N.J.A.C. 5:17.
(f)
If at least 3% of children tested in the municipality, six years
of younger, have a blood level greater than or equal to five micrograms
per deciliter, the inspection shall be carried out through dust wipe
sampling, pursuant to N.J.A.C. 5:17.
(g)
Post-remediation inspection.
[1]
After remediation has been completed, whether through interim
controls or abatement, the municipality or lead evaluation contractor
must perform an additional inspection within 60 days of the initial
periodic lead-based paint inspection to ensure there are no further
lead-based paint hazards.
[2]
Upon conducting the reinspection in dwellings that have been
remediated using interim controls, if no lead-based paint hazards
are found, the municipality or inspector shall certify the dwelling
to be lead safe pursuant to P.L. 2021, c.182. The certificate will
then be valid for two years from the date of issuance.
[3]
If the dwelling has been remediated using abatement, pursuant
to N.J.A.C. 5:17-9.1, and a lead abatement clearance certificate has
been issued by the local enforcing agency (the municipality), then
the lead-free certificate issued at the final clearance inspection
shall exempt the dwelling from future inspections pursuant to P.L.
2021, c.182.
(4)
Municipal investigations.
(a)
The municipality is authorized to conduct investigations and
issue penalties to enforce a property owner's failure to comply
with the requirements of P.L. 2021, c.182.
(b)
If the municipality determines that a property owner has failed
to comply with the requirements of P.L. 2021, c. 182, the municipality
shall give the property owner 30 days from the date of the determination
to cure any violation by ordering the necessary inspection or by initiating
remediation.
(c)
If the property owner has not cured the violation within 30
days, the 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. Remediation efforts are considered initiated
when the owner has hired a lead abatement contractor or other qualified
party to perform lead-hazard control methods.
D.
Requirements of property owners or rental dwellings.
(1)
If lead-based paint hazards are identified, the owner of the dwelling
shall remediate the hazards through abatement or lead-based paint
hazard control mechanisms, pursuant to P.L. 2021, c.182.
(2)
Property owners shall report all tenant turnover activity to the
municipality.
(3)
Property owners shall register with the permanent local agency indicating
the certified lead evaluation contractor to perform inspection, and
the day and time when the inspection will be performed.
(4)
Property owners shall provide the permanent local agency with:
