As used in this article, the following terms shall have the
meanings indicated:
The Borough of Glassboro.
A licensed vendor that contracts with the Borough of Glassboro
to replace lead/galvanized service lines.
The Water and Sewer Department of the Borough of Glassboro,
New Jersey.
A building or structure or part thereof containing one or
more dwelling units. This chapter shall also apply to buildings and
structures that are not used for residential purposes.
Any room or groups of rooms or any part thereof located within
a building and forming a single habitable unit with facilities which
are used or designed to be used for living, sleeping, cooking, eating
or bathing.
Any condition that does not allow access or exposure to lead,
in any form, to the extent that adverse human health effects are possible.
A person or persons in actual possession of and living in
the building or dwelling unit.
Any person who has legal title to any dwelling, with or without
accompanying actual possession thereof; or who has equitable title
and is either in actual possession or collects rents therefrom; or
who is executor, executrix, trustee, guardian, or receiver of the
estate of the owner, or as mortgagee or as vendee in possession either
by virtue of a Court order or by agreement or voluntary surrender
of the premises by the person holding the legal title, or as collector
of rents has charge, care or control of any dwelling or rooming house.
The pipe, tubing, and fittings connecting the Borough of
Glassboro water main to a building or structure, and also includes
the water meter for the property.
It is hereby established that the existence of lead/galvanized
service lines are prohibited in the Borough of Glassboro.
A property owner may be excluded from the mandatory replacement
of its lead/galvanized service line by providing the Water and Sewer
Department with written proof from a licensed and certified plumber
or the Glassboro Water and Sewer Department that it does not have
a lead/galvanized service line on its property and/or that the lead/galvanized
service line was previously removed and replaced.
A.
The owner of any dwelling, building or structure serviced by a lead/galvanized
service line is required to replace the lead/galvanized service line
on their property. An extension of time may be granted where the owner
can demonstrate, to the Water and Sewer Department designee, that
a good faith effort has been made to comply with this article.
B.
The owner of any dwelling, building or structure shall replace their
lead/galvanized service line by any of the following methods:
(1)
Signing up for the Lead/Galvanized Service Line Replacement
Program offered by the Borough of Glassboro and allowing contractors
to access their property to conduct the replacement. The contractor
will provide the owner with a right of entry form for completion.
The right of entry form will provide the contractor with access to
the property to verify the existence of a lead/galvanized service
line for replacement; or
(2)
Agreeing to replace the lead/galvanized service line on their
own and at their own expense. An extension of time may be granted
where the owner can demonstrate, to the Water and Sewer Department
designee, that a good faith effort has been made to comply with this
article. An owner is required to provide the Water and Sewer Department
with proof that the lead/galvanized service line has been replaced.
Proof must include at a minimum: a permit issued by the Construction
Office to a licensed plumber authorized to do the work; an invoice
from the contractor who completed the work; a copy of the estimate
along with any report of the work completed, and an inspection report
verifying the removal.
A.
Notwithstanding § 18A-3, if an owner of the dwelling, building
or structure does not sign up for the Lead/Galvanized Service Line
Replacement Program or does not replace its lead/galvanized service
line or is inaccessible or otherwise denies access to the property
to enable the replacement of the line, then the following procedure
shall be followed:
(1)
The Borough shall secure entrance to the property from the owner
or current occupant of the dwelling, building or structure, and the
Borough shall incur no liability from the owner. The contractor will
provide the owner with a right of entry form for completion. The right
of entry form will provide the contractor with access to the property
to verify the existence of a lead/galvanized service line for replacement.
The Borough shall restore the property to its original condition,
or as close as possible to its original condition; and
(2)
If access is granted by the current occupant of the dwelling,
building, or structure, then the occupant shall be held harmless and
no liability shall incur to the Borough or occupant due to the replacement
of the lead/galvanized service line by the Borough of Glassboro; and
(3)
If access is denied by the current occupant or owner, then the
Borough shall commence procedures, including filing a Court action,
to conduct the replacement of the lead/galvanized service line.
A.
Upon the sale or transfer of ownership of any dwelling, building
or structure, the owner must provide proof that the lead/galvanized
service line has been replaced in order to secure a continued certificate
of occupancy ("CCO").
B.
Upon the sale of any Borough-owned property, and within 90 days of
the closing, the Buyer is responsible for replacing the lead/galvanized
service line, by either enrolling in the Lead/Galvanized Service Line
Replacement Program or in accordance with § 18A-3B(2) above.
Violations of this article by any person or corporation shall
be punishable by a fine of at least $250 but not exceeding $1,000
or by imprisonment for a term not exceeding 90 days or by a period
of community service not to exceed 90 days.
All ordinances or parts of ordinances inconsistent with this
article are hereby repealed to the extent of such inconsistencies.
Each section of this article is an independent section, and
the holding of any section or part thereof to be unconstitutional,
void or ineffective, shall not be deemed to affect the validity or
constitutionality of any other sections or parts hereof.
