As used in this article, the following terms shall have the
meanings indicated:
DUST WIPE SAMPLING
A sample collected by wiping a representative surface and
testing 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.
Notwithstanding anything in §
189-19 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:
A. Has been
certified to be free of lead-based paint;
B. Was constructed
during or after 1978;
C. Is in
a multiple dwelling that has been registered with the 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.;
D. 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
E. Has a valid lead-safe certification issued in accordance with this Article
III of this Chapter
189.
Beginning on the effective date of N.J.S.A. 52:27D-437.16 et
seq., property owners shall:
A. Provide evidence of a valid lead-safe certification obtained pursuant to this Article
III of this Chapter
189, 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. 55:13A-1 et seq., unless not required to have had an inspection by the Construction Code Official pursuant to §
189-20A,
B, or
C;
B. Provide evidence of a valid lead-safe certification obtained pursuant to this section 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 §
189-20A,
B,
C, and
D, and shall affix a copy of such certification as an exhibit to the tenant's or tenants' lease; and
C. 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 Construction Code Official pursuant to §
189-20A,
B,
C, and
D.
If the Construction Code Official finds that a lead-based paint hazard exists in a dwelling unit upon conducting an inspection pursuant to this Article
III of this Chapter
189, then the Construction Code Official 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.
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 Construction Code Official 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 Construction Code Official may charge an additional fee in the amount specified in §
189-19B for such additional inspections.
In addition to the fees charged for inspection of rental housing pursuant to §§
189-19B and
189-24, the Township shall assess an additional fee of $20 per unit inspected by the Construction Code Official 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 Article
III of this Chapter
189 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 §
189-25 shall be deposited into the Lead Hazard Control Assistance Fund established pursuant to N.J.S.A. 52:27D-437.4.
The Township and the Construction Code Official shall be authorized to conduct investigations and issue penalties not inconsistent with this section to enforce a property owner's failure to comply with N.J.S.A. 52:27D-437.16 or this Article
III of this Chapter
189. If the Township 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 Article
III of this Chapter
189 with respect to 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.