[Added 3-7-2023 by Ord. No. 4770-23]
This article is enacted pursuant to P.L. 2021, c. 182, and shall
be interpreted and enforced to the same extent as that legislation,
any amendments or supplements thereto, the companion regulations set
forth at N.J.A.C. 5:28A-1.1 et seq., and other associated regulatory
or judicial authority.
For the purposes of this article, the following words and terms
have the meanings set forth below, unless the context clearly indicates
otherwise:
The New Jersey Department of Community Affairs.
The New Jersey Department of Health.
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.
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,
or the term as it defined pursuant to 42 U.S.C. § 4851b
and the regulations adopted pursuant thereto.
A set of measures designed to permanently eliminate lead-based
paint hazards in accordance with standards adopted pursuant to N.J.A.C.
5:17.
A firm certified by DCA to perform remediation through lead
abatement or interim control 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 DCA 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.
An individual certified by DOH 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.
Interim control as defined above.
Paint or other surface coating material that contains lead
in excess of 1.0 milligram per centimeter squared 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 on
surfaces that would result in adverse human health effects.
That 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.
The certification issued pursuant to N.J.A.C. 5:28A, which
confirms that a periodic lead-based paint inspection was performed
and that no lead-based paint hazards were found.
That a dwelling has been found to have no outstanding lead-based
paint hazards, but does not mean that the dwelling is certified as
lead-free.
1) 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; 2) 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 appurtenant thereto, and any portion thereof.
Buildings or structures excluded pursuant to N.J.S.A. 55:13A-3(k)
are not included in this definition.
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, consistent with N.J.A.C. 5:28A-2.1,
for the purposes of identifying lead-based paint hazards in dwellings
subject to this article.
Interim controls or lead abatement work undertaken in conformance
with this article and N.J.A.C. 5:28A 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 unit, 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, and as conducted pursuant to N.J.A.C. 5:28A-2.3
and this article.
A.
Initial inspections. At tenant turnover, or within two years of July
22, 2022 (the effective date of P.L. 2021, c. 182), whichever is sooner,
every single-family, two-family, and multiple rental dwelling subject
to this article located within the Township shall be inspected for
lead-based paint hazards.
B.
Periodic inspections. After the initial inspection, all dwelling
units shall be inspected for lead-based paint hazards the earlier
of every three years or upon 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 for the dwelling
unit. Periodic lead-based paint shall be counted from the most recent
periodic lead-based paint inspection which resulted in a valid lead-safe
certification.
C.
Dwelling owners or landlords may satisfy the requirements of this
section by hiring a lead evaluation contractor certified to provide
lead paint inspection services by the Department of Community Affairs
("DCA").
A.
Visual assessments. Periodic lead-based paint inspections may be
performed through visual assessment if, according to the central lead
screening database maintained by DOH, or other data deemed appropriate
by DOH, Toms River is a municipality in which less than 3% of children
tested, six years of age or younger, have a blood lead level greater
than or equal to five ug/dL.
(1)
Pursuant to N.J.A.C. 5:28A-2.3(a)1, for visual assessments, dwellings
must be examined in accordance with the guidelines and regulations
promulgated by the United States Department of Housing and Urban Development
("HUD") set forth at 42 U.S.C. § 4851b for deteriorated
paint or visible surface dust, debris, or residue on all painted building
components, especially any walls, window, trim, and surfaces that
experience friction or impact.
B.
Dust wipe sampling. Dust wipe sampling is required if, according
to the central lead screening database maintained by DOH, or other
data deemed appropriate by DOH, Toms River becomes a municipality
in which 3% or more of children tested, six years of age or younger,
have a blood lead level greater than or equal to five u.g/dL, or if
different, the level set forth at N.J.S.A. 52:27D-437.16.
(1)
Pursuant to N.J.A.C. 5:28A-2.3(b)1, dust wipe sampling must be performed
by the collection of samples from the wiping of representative surfaces,
including floors, interior windowsills, and other similar surfaces,
and tested in accordance with methods approved by HUD.
A.
If an inspection determines that a lead-based paint hazard exists,
then the owner of the dwelling unit must remediate the lead-based
paint hazard by using abatement or lead-based paint hazard control
methods approved in accordance with the provisions of the Lead Hazard
Control Assistance Act, N.J.S.A. 52:27D-437.1 et seq. A follow-up
inspection is required to certify that the hazard has been properly
remediated.
(1)
If hazard controls are employed, the follow-up inspection must be
conducted using dust wipe sampling. If the follow-up inspection shows
that the hazard is no longer present, the unit must be certified as
lead-safe pursuant to the lead-safe certification requirements set
forth in N.J.A.C. 5:28A-2.4.
(2)
If abatement is utilized, and a lead abatement clearance certificate
has been issued in accordance with N.J.A.C. 5:17, then the lead-free
certificate issued at the final clearance inspection shall exempt
the dwelling from future periodic lead-based paint inspections.
(3)
To the extent dust wipe sampling is required as part of the remediation
process, the owner must have such testing performed by a licensed
contractor.
B.
If an inspection determines that no lead-based paint hazard exists,
or following remediation of a lead-based paint hazard, the Township
shall certify the dwelling unit as lead-safe on a form prescribed
by DCA. This certification shall be valid for two years. If the inspection
was conducted by a lead evaluation contractor, the contractor must
provide a copy of the lead-safe certificate to the owner and the Township.
C.
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 remainder of the building's dwelling units shall be inspected
for lead hazards, except for dwelling units that have been certified
to be free of lead-based paint. These additional inspections are subject
to fees.
D.
If an inspection determines that a lead-based paint hazard exists,
then the Township or its designee shall notify the Commissioner of
DCA.
The following dwelling units in a single-family, two-family,
or multiple rental dwelling are not subject to inspection and evaluation
for the presence of lead-based paint hazards:
A.
Dwelling units that have been certified to be free of lead-based
paint pursuant to N.J.A.C. 5:17.
B.
Dwelling units constructed during or after 1978.
C.
Single-family and two-family seasonal rental dwellings rented for
less than six months in duration each year by tenants that do not
have consecutive lease renewals.
D.
Multiple rental dwelling units constructed prior to 1978 that have
been registered with the DCA for at least 10 years and have no outstanding
paint violations from the most recent cyclical inspection performed
on the 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.
(1)
All multiple dwelling units constructed prior to 1978 that have been
registered with the DCA for at least 10 years and that have a current
certificate of inspection issued by DCA.
(2)
All multiple dwelling units constructed prior to 1978 that have been
registered with DCA for at least 10 years with open inspections that
have no violations for paint.
E.
Dwelling units 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 under the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1
et seq.
F.
Dwellings that have a valid lead-safe certification issued in accordance
with this article and N.J.A.C. 5:28A. Lead-safe certifications are
valid for two years from the date of issuance pursuant to N.J.A.C.
5:28A-2.4.
A.
The Division of Code Enforcement is charged with enforcing the provisions
of this article. In carrying out this function, the Division may consult
with all appropriate federal, state, county, and local agencies concerning
the criteria for the inspection and identification of areas and conditions
involving a high risk of lead poisoning in such dwellings, methods
of detection of lead in such dwellings, and standards for the repair
of such dwellings concerning lead paint.
A.
In cases where visual inspections are sufficient pursuant to § 335-54A, the inspection fees are as follows:
(1)
Inspections conducted as part of the rental certification process under Article II of Chapter 335: $40, plus an additional $20 per unit inspected for deposit into the Lead Hazard Control Assistance Fund established pursuant to N.J.S.A. 52:27D-437.4. The $20 surcharge does not apply where the unit owner demonstrates that the DCA has already assessed such a surcharge pursuant to N.J.S.A. 52:27D-437.10.
(2)
Other inspections: $150, plus an additional $20 per unit inspected
for deposit into the Lead Hazard Control Assistance Fund established
pursuant to N.J.S.A. 52:27D-437.4. The $20 surcharge does not apply
where the unit owner demonstrates that the DCA has already assessed
such a surcharge pursuant to N.J.S.A. 52:27D-437.10.
B.
Inspection fees charged for dwellings units in a common interest
community are the responsibility of the unit owners, not homeowners'
associations, unless the dwellings are association-owned.
C.
Fees collected must be dedicated to cover the costs of implementing
and enforcing this article and must not be used for any other purpose.
A.
The Division of Code Enforcement shall maintain a record of all dwellings
subject to this article, including all current information on inspection
schedules, inspection results, and tenant turnover.
B.
The Division of Code Enforcement shall also maintain a record of
all lead-safe certifications issued pursuant to this article and all
lead-free certifications issued pursuant to N.J.A.C. 5:17.
C.
Any time a lead evaluation contractor performs the inspection, the
lead evaluation contractor must provide to the Division of Code Enforcement
copies of any lead-safe certifications issued.
D.
Owners of dwellings subject to this chapter shall comply with the
recordkeeping requirements imposed pursuant to N.J.A.C. 5:28A-3.1.
A.
The Division of Code Enforcement is authorized to conduct investigations
and issue penalties to enforce a property owner's failure to
comply with this article.
B.
Offending owners have 30 days to cure any violation by conducting
the required inspection or initiating any required remediation efforts.
C.
If the dwelling owner has not cured the violation or initiated remediation
efforts within 30 days, the owner shall be subject to a penalty of
$1,000 per week until the required inspection has been conducted or
the remediation efforts have been initiated.
D.
For the purposes of this provision, remediation efforts are deemed
to have been initiated when the owner has hired a lead abatement contractor
or other qualified party to perform lead hazard control methods.
E.
Failure to conduct the required inspection, or remediate a lead-based paint hazard, shall constitute a violation of the International Property Maintenance Code adopted pursuant to Article I of Chapter 335, and any unpaid penalties imposed for such violations may be assessed as liens against the subject property pursuant to § 335-2O.
