The following definitions shall apply to this article:
COMMON INTEREST COMMUNITY
A condominium or homeowners' association or other real estate
development, in which the property is burdened by servitudes requiring
property owners and/or unit owners to contribute to maintenance of
commonly held property or to pay dues or assessments to an owners'
association that provides services or facilities to the community.
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.
INTERIM CONTROLS
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, or the term as it is defined pursuant to 42 U.S.C. § 4851b
and the regulations adopted pursuant thereto.
LEAD ABATEMENT
A set of measures designed to permanently eliminate lead-based
paint hazards, in accordance with standards established by the Commissioner
at N.J.A.C. 5:17.
LEAD EVALUATION CONTRACTOR
A firm certified by the Department to perform lead inspection
and risk assessment work pursuant to N.J.A.C. 5:17. This includes
the ability to perform dust wipe sampling.
LEAD FREE
A dwelling has been certified to have no lead-based paint
or has undergone lead abatement in accordance with N.J.A.C. 5:17.
LEAD INSPECTOR/RISK ASSESSOR
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. This includes the ability to perform dust wipe sampling.
LEAD SAFE
A dwelling has been found to have no outstanding lead-based
paint hazards. It does not mean that the dwelling is certified to
be lead free.
LEAD-BASED PAINT
Paint or other surface coating material that contains lead
in excess of 1.0 milligrams per centimeter squared or in excess of
0.5% by weight, or such other level, as may be established by federal
law.
LEAD-BASED PAINT HAZARD
Any condition that causes exposure to lead from lead-contaminated
dust or lead-contaminated paint that is deteriorated or present on
surfaces that would result in adverse human health effects.
LEAD-FREE CERTIFICATION
The certificate issued, in accordance with N.J.A.C. 5:17,
which states that there is no lead-based paint, or that the dwelling
has undergone lead abatement in accordance with N.J.A.C. 5:17.
LEAD-SAFE CERTIFICATION
The certification issued pursuant to this article, which
confirms that a periodic lead-based paint inspection was performed
and no lead-based paint hazards were found.
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.
PERIODIC LEAD-BASED PAINT INSPECTION
The initial inspection of all applicable dwelling units at
the earlier of two years from July 22, 2022, 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.
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.
VISUAL ASSESSMENT
A visual examination for deteriorated paint or visible surface
dust, debris, or residue and as conducted pursuant to N.J.A.C. 5:28A-2.3.
This article applies to all rental single-family, two-family,
and multiple dwelling units with the exception of those set forth
below which shall be exempt from the requirements of this article
and, thus, shall not be subject to periodic lead-based paint inspection
and evaluation for the presence of lead-based paint hazards:
A. Dwelling units that were constructed during or after 1978;
B. Single-family and two-family seasonal rental dwelling units that
are rented for less than six months' duration each year by tenants
that do not have consecutive lease renewals;
C. Dwelling units that have been certified to be free of lead-based
paint, pursuant to N.J.A.C. 5:17, as may be amended from time to time;
D. Multiple rental dwelling units constructed prior to 1978 that have
been registered with the Department for at least 10 years and have
no outstanding paint violations from the most recent cyclical inspection
performed on the multiple dwelling pursuant to the Hotel and Multiple
Dwelling Law, N.J.S.A. 55:13A-1 et seq., and N.J.A.C. 5:10, as may
be amended from time to time.
(1) All multiple dwelling units constructed prior to 1978 that have been
registered with the Department for at least 10 years and that have
a current certificate of inspection issued by the Department of Community
Affairs, Bureau of Housing Inspection, shall be exempt from this article;
(2) All multiple dwelling units constructed prior to 1978 that have been
registered with the Department for at least 10 years with open inspections
that have no violations for paint shall also be exempt from this article.
E. Dwellings with a valid lead-safe certification issued pursuant to
this article. Lead-safe certifications are valid for two years from
the date of issuance pursuant to N.J.A.C. 5:28A-2.4, as may be amended
from time to time.
If, following inspection, a lead evaluation contractor finds
that no lead-based paint hazard exists in a dwelling unit, the lead
evaluation contractor shall certify the dwelling unit as lead safe
on the form prescribed by the Department of Community Affairs.
A. The lead-safe certification shall be valid for a period of two years
from the date of issuance.
(1) If, during the two-year certification period, a lead evaluation contractor,
lead inspector/risk assessor, a local health department, or a public
agency conducts an independent inspection or risk assessment and determines
that there is a lead-based paint hazard, the lead-safe certification
issued pursuant to this article shall be invalid. A periodic lead-based
paint inspection shall be scheduled upon the conclusion of remediation,
in accordance with N.J.A.C. 5:28A-2.5(e), as may be amended from time
to time.
(2) Where an independent inspection or risk assessment determines that
there is a lead-based paint hazard, the inspector/risk assessor shall
inform the municipality of the results of the inspection.
(3) The lead-safe certification shall not exempt the dwelling from any
other law that would require a lead inspection/risk assessment.
B. A copy of the lead-safe certification shall be provided to the owner
of the dwelling. If a lead evaluation contractor issues the lead-safe
certification, a copy shall also be provided to the municipality at
the time it is issued.
C. If a lead evaluation contractor or permanent local agency finds that
a lead-based paint hazard exists in a dwelling unit, they shall notify
the Department of Community Affairs for review of the findings, in
accordance with the Lead Hazard Control Assistance Act.
(1) If a lead-based paint hazard is identified in an inspection of one
of the dwelling units in a building consisting of two or three dwelling
units, then the lead contractor or permanent local agency shall inspect
the remainder of the building's dwelling units, with the exception
of those dwelling units that have been certified to be free of lead-based
paint or which have a valid lead-safe certification.
(2) The owner and/or agent of the owner of the dwelling unit shall be
responsible for remediation of the lead-based paint hazard. Remediation
must be conducted consistent with the requirements at N.J.A.C. 5:28A-2.5,
as may be amended from time to time.
[Amended 12-6-2023 by Ord. No. 1417]
The fees for a lead-based paint inspection shall be as follows:
A. Dust wipe sampling per unit: $295 inclusive of 10 dust wipe samples.
B. An XRF (X-Ray Fluorescence) inspection is available to the requesting
party as an add-on to the visual inspections for an additional $150
per unit. An XRF inspection will allow a dwelling unit to be certified
lead-based paint free and become exempt from the regulation forever.
A lead-free certificate will only be issued if no lead-based paint
is found.
C. Post remediation inspection/clearance: $205 per unit.
D. Fees include report delivery in a digital format. Hard copies will
be provided for an additional fee of $50.
E. The fee for the filing of a lead-safe certification or lead-free
certification shall be $25.
F. In a common interest community, any inspection fee charged shall
be the responsibility of the unit owner and not the homeowners'
association, unless the association is the owner of the unit.
G. 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 unless the unit
owner demonstrates that the 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.
H. All incidentals not specifically stated in Fees above will be invoiced
at cost plus 10%.
In accordance with N.J.S.A. 52:27D-437.19, the penalties for
a violation of the provisions of this article shall be as follows:
A. If a property owner and/or agent of a property owner has failed to
conduct the required inspection or initiate any remediation efforts,
the owner and/or agent of the owner shall be given 30 days to cure
the violation.
B. If the property owner and/or agent of the property owner has not
cured the violation after 30 days, the property owner and/or agent
of 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.