[Added 2-8-2023 by Ord. No. 2023:01]
The owner, landlord and/or agent of every single-family, two-family, and/or multiple-dwelling unit offered for rental shall be required to obtain an inspection of the unit for lead-based paint hazards within two years of the effective date of the law, July 2, 2022, or upon tenant turnover, whichever is earlier.
After the initial inspection required by § 181-11, the owner. landlord and/or agent of such dwelling unit offered for rental shall be required to obtain an inspection of the unit for lead-based paint hazards every three years, or at tenant turnover, whichever is earlier, except that an inspection upon tenant turnover shall not be required if the owner has a valid lead-safe certification.
Inspections for lead-based paint in rental dwelling units shall be governed by the standards set forth in N.J.S.A. 52:27D-437.1 et seq., and N.J.S.A. 55:13A-1 et seq., as may be amended from time to time.
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, or for the fees for such inspection or evaluation, if the unit:
A. 
Has been certified to be free of lead-based paint;
B. 
Was constructed after 1978;
C. 
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
D. 
Has a valid lead-safe certification issued in accordance with N.J.S.A. 52:27D-437.16(d)(2).
If lead-based paint hazards are identified, then the owner of the dwelling shall remediate the hazards through abatement or lead-based paint 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 Code Enforcement Official or designee, 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.
A. 
If no lead-based paint hazards are identified, then the Borough Code Enforcement Official or designee or the owner's private lead inspector shall certify the dwelling as lead-safe on a form prescribed by the Department of Community Affairs, which shall be valid for two years and shall be filed with the Borough Construction Department. The Borough Construction Department shall maintain up-to-date information on inspection schedules, inspection results. tenant turnover and a record of all lead-free certifications issued pursuant to N.J.A.C. 5:17.
B. 
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 of Norwood 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.
A. 
Notwithstanding any other fees due pursuant to this chapter, a fee in the amount of $200 shall be paid for each lead-based paint inspection. Said fee shall be dedicated to meeting the costs of implementing and enforcing this article and shall not be used for any other purpose. Alternatively, a dwelling owner or landlord may directly hire a private lead evaluation contractor who is certified to provide lead paint inspection services by the Department of Community Affairs to satisfy the requirements of §§ 181-11 and 181-12, in which case no additional lead-based paint inspection fee shall be paid.
B. 
The fee for the filing of a lead-safe certification or lead-free certification shall be $50.
C. 
Fee schedule.
(1) 
CCO new tenant: $150.
(2) 
Annual rental registration: $50.
(3) 
Visual lead inspection: $200.
(4) 
Filing lead-safe certificate: $50.
In accordance with N.J.S.A. 52:27D-437.19, the penalties for a violation of this article shall be as follows:
A. 
If a property owner has failed to conduct the required inspection or initiate any remediation efforts, the owner shall be given 30 days to cure the violation.
B. 
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.