[Added 8-14-2023 by Ord.
No. O-23-07]
The definitions shall apply to this article:
The Lead Hazard Control Assistance Act, P.L. 2003, c. 311
(N.J.S.A. 52:27D-437.1 et seq.), as may be amended from time to time.
A real estate development or neighborhood in which the property
is burdened by servitudes requiring property 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.
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.
A person certified by the Department of Community Affairs
to perform lead inspection and risk assessment work pursuant to N.J.A.C.
5:17-1.1 et seq. This includes the ability to perform dust wipe sampling.
Any condition that causes exposure to lead from lead-contaminated
dust or lead-contaminated paint that is deteriorated or present in
surfaces that would result in adverse human health effects.
A certification which confirms that a lead-based paint inspection
was performed and that no lead-based paint exists in the dwelling
unit or that all lead-based paint hazards have been fully abated.
A certification which confirms that a lead-based paint inspection
was performed and that no lead-based paint hazards were found. This
certification is valid for two years from the date of issuance.
The time at which all existing occupants vacate a dwelling
unit and all new tenants move into the dwelling unit.
A visual examination for deteriorated paint or visible surface
dust, debris, or residue.
A person that is certified to perform a visual assessment.
Pursuant to P.L. 2021, c. 182,[1] the Township of Gloucester is required to inspect every
single-family, two-family and multiple rental dwelling built prior
to 1979 for lead-based paint hazards through a visual assessment or
a dust wipe sampling. The owner and/or landlord, in lieu of having
the dwelling inspected by the Township's lead inspector, may directly
hire a private lead inspector to perform the lead-based paint inspection.
All inspections will otherwise be performed by the Township's lead
inspector.
[1]
Editor's Note: See N.J.S.A. 52:27D-437.16 et seq.
The owner, landlord and/or agent of every single-family, two-family
and multiple-dwelling unit offered for rental shall be required to
obtain this inspection of the unit for lead-based paint hazards within
two years of the effective date of the above law, July 2, 2022, or
upon tenant turnover, whichever is earlier.
A.
After the initial inspection required, the owner, landlord and/or
agent of each dwelling unit offered for rental shall be required to
obtain an inspection of the unit for lead-based paint hazards every
three years or as soon as there is any tenant turnover, whichever
is earlier, except that an inspection on tenant turnover shall not
be required if the owner has a valid lead-safe certification issued
by an appropriate authority and provides a copy to the Township.
B.
Whenever there is a tenant turnover in a single-family, two-family
or multiple-dwelling rental unit, the owner or landlord or agent shall
have three business days to notify the Township of the turnover and
whether it will perform the lead-based test inspection and provide
the certification to the Township. Occupancy or continued occupancy
of the dwelling unit is not permitted until the inspection is completed
and the certificate issued.
Inspections for lead-based paint in rental dwelling units shall
be covered by the standards set forth in the Act as same 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 the 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 properly certified to be free of lead-based paint and a
copy provided to the Township;
B.
Was constructed during or after the year 1978 with proof of same
provided to the Township;
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-based paint violations from the most recent cyclical inspections
performed on the multiple dwelling under the Hotel and Multiple Dwelling
Law, N.J.S.A. 55:13A-1 et seq., with proof of registration provided
to the Township;
D.
Has been issued a valid safe certification issued in accordance with
N.J.S.A. 52:27D-437.16(d)2, and a copy provided to the Township.
A.
If lead-based paint hazards are identified, then the owner of the
dwelling shall be required to remediate the hazards through abatement
or lead-based paint hazard control mechanisms in accordance with the
Act. Upon the remediation of the lead-based paint hazard, the Township
Code Enforcement Officer 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.
B.
If no lead-based paint hazards are identified, then the Township
Code Enforcement Officer 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 certification shall be valid
for two years and shall be filed with the Township's Code Enforcement
Officer or designated Township employee. The Township Code Enforcement
Officer or the designated Township employee shall maintain up-to-date
information on inspection schedules, inspection results, and a record
of all lead-free certifications issued pursuant to N.J.A.C. 5:17.
In accordance with the Act, all property owners shall:
A.
Provide evidence of a valid lead-safe certification and the most
recent tenant turnover to the Township of Gloucester at the time of
the cyclical inspection;
B.
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 lease;
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.
The fees for a lead-based paint inspection performed by the
Township's lead inspector shall be as follows:
A.
The fee for a visual assessment inspection shall be $150 per individual
dwelling unit. To the extent further inspection is required, a dust
wipe inspection fee shall be assessed on the Schedule attached hereto
by an approved DCA Lead Inspector for each individual dwelling unit.
All fees shall be dedicated to meet the cost of implementing this
article and not used for any other purpose.
B.
When a dwelling owner or landlord directly hires a private lead evaluation
contractor who is certified to provide lead paint inspection services
by the Department of Community Affairs to satisfy the inspection requirements
set forth in this article, then no lead-based paint inspection fee
shall be assessed, unless it is determined a further inspection is
required by the Township.
C.
The fee for the filing of a lead-safe certification or lead-free
certification with the Township shall be $25.
D.
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.
E.
In accordance with N.J.S.A. 52:27D-437.16(h), an additional fee of
$20 per dwelling unit inspected by the Township's lead inspector or
the owner and/or landlord's private lead inspector shall be assessed
for the purposes of the Act, unless the owner and/or landlord 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.
In accordance with N.J.S.A. 52:27D-437.19, the penalties for
a violation of this article shall be as follows:
A.
Where a property owner has failed to conduct the inspection or initiate
any remediation efforts, the owner shall be given 30 days to cure
the violation. 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 completed.
