[Adopted 7-6-2023 by Ord. No. 23-02]
The following terms, as used in this article, shall have the
following meanings:
The fee a lead evaluation contractor charges for an additional inspection of a rental dwelling unit pursuant to § 64-35 below.
An inspection of a rental dwelling unit for lead-based paint
hazards by a lead evaluation contractor.
A person who is certified by the New Jersey Department of
Community Affairs to provide lead paint inspection services.
A fee of $20 paid by the owner to the Township in addition
to any required inspection fee for each rental dwelling unit that
is inspected pursuant to this article, regardless of whether the inspection
is conducted by the Township's lead evaluation contractor or
a lead evaluation contractor that is hired directly by the owner.
Each LHCAA fee shall be deposited into the Lead Hazard Control Assistance
Fund established pursuant to N.J.S.A. 52:27D-437.4 for the purposes
of the Lead Hazard Control Assistance Act.[1] The owner will not be required to pay the LHCAA fee if
the owner demonstrates that the Department of Community Affairs has
already assessed an additional inspection fee of $20 pursuant to N.J.S.A.
52:27D-437.10.
A certification issued by a lead evaluation contractor to
the owner on a form prescribed by the Department of Community Affairs
confirming that the rental dwelling unit is lead-safe for a period
of two years.
The owner of a rental dwelling unit.
A rented single-family dwelling, and any rented dwelling
unit within a two-family or multiple-family building.
The time at which all existing occupants vacate a rental
dwelling unit and all new tenants move into the rental dwelling unit.
[1]
Editor's Note: See N.J.S.A. 52:27D-437.1 et seq.
The Township shall, if and when determined by the Township Committee
to be necessary and appropriate for administration of the requirements
of this article, hire a lead evaluation contractor to conduct inspections
upon the Township's or an owner's request. The terms upon
which any lead evaluation contractor is hired by the Township shall
provide that the lead evaluation contractor shall charge the Township
an inspection fee for each inspection and an additional inspection
fee for each additional inspection of a rental dwelling unit if and
when requested by the Township or an owner. The owner of the rental
dwelling unit to be inspected by a lead evaluation contractor hired
by the Township must pay the Township, in advance, the full amount
of any inspection fee or additional inspection fee to be charged by
the lead evaluation contractor. Unless and until the Township hires
a lead evaluation contractor, all inspections and additional inspections
required pursuant to this article shall be conducted by, and all lead-safe
certifications shall be obtained from, lead evaluation contractors
who are selected, hired, and paid directly by owners.
Beginning on July 22, 2022, each owner of a rental dwelling
unit must:
A.
Provide evidence of a valid lead-safe certification for the rental
dwelling unit, 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., if applicable;
B.
Provide evidence of a valid lead-safe certification obtained pursuant
to this article to new tenants of the rental dwelling unit at the
time of tenant turnover; and
C.
Maintain a record of the lead-safe certification for the rental dwelling
unit which shall include the name or names of the rental dwelling
unit's tenant or tenants, if the inspection was conducted during
a period of tenancy.
The first inspection of every rental dwelling unit in Mannington
Township must be conducted at tenant turnover, or within two years
after July 22, 2022, whichever is earlier.
After the first inspection pursuant to § 64-29 above, each rental dwelling unit in the Township shall be inspected for lead-based paint hazards every three years, or upon tenant turnover, whichever is earlier.
Prior to any proposed tenant turnover, the owner must cause
an inspection of the rental dwelling unit to be conducted by a lead
evaluation contractor chosen and paid directly by the owner or, if
the Township has hired a lead evaluation contractor, the owner may
instead elect to request and pay the inspection fee for an inspection
by the Township's lead evaluation contractor.
Whenever an inspection of a rental dwelling unit is required
pursuant to this article, the Township's designated representative
shall issue written notification to the owner informing the owner
that the owner must, within 30 days following the date the notification
is issued, either cause an inspection of the rental dwelling unit
to be conducted by a lead evaluation contractor chosen and paid directly
by the owner or, if the Township has hired a lead evaluation contractor,
the owner may instead elect to request and pay the inspection fee
for an inspection by the Township's lead evaluation contractor.
If a lead hazard is identified in an inspection of one of the
rental dwelling units in a building consisting of two- or three-rental
dwelling units, a lead evaluation contractor shall inspect the remainder
of the building's rental dwelling units for lead hazards (with
the exception of dwelling units that have been certified to be free
of lead-based paint), provided that if the lead hazard was identified
by the Township's lead evaluation contractor, then the Township's
lead evaluation contractor shall conduct the inspections of the remaining
rental dwelling units. The owner must pay the inspection fees, and
any additional inspection fees, for the inspections of the remaining
rental dwelling units.
If a lead evaluation contractor finds that a lead-based paint
hazard exists in a dwelling unit upon conducting an inspection pursuant
to this article, then the owner of the dwelling unit shall 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. The lead evaluation contractor shall notify the Commissioner
of Community Affairs, who shall review the findings in accordance
with N.J.S.A. 52:27D-437.8 of the Lead Hazard Control Assistance Act.
Upon the remediation of the lead-based paint hazard, and following
the owner's payment of the additional inspection fee to the Township
if the additional inspection is to be conducted by the Township's
lead evaluation contractor, the lead evaluation contractor shall conduct
an additional inspection of the rental dwelling unit to certify that
the hazard no longer exists. No LHCAA fee is required for an additional
inspection.
If the lead evaluation contractor finds that no lead-based paint hazards exist in a rental dwelling unit upon conducting an inspection or additional inspection pursuant to this article, then the lead evaluation contractor shall issue a lead-safe certification to the owner. The lead-safe certification shall be valid for two years, subject to the subsequent inspection requirements of § 64-30 above.
A rental dwelling unit shall not be subject to inspection pursuant
to this article 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.
If the Township's authorized representative determines
that an owner has failed to comply with a provision of this article
or N.J.S.A. 52:27D-437.16 et seq., the owner shall first be given
30 days to cure any violation by conducting the required inspection(s)
or initiate any required remediation efforts. If the owner has not
cured the violation after 30 days, the owner shall be subject to a
penalty not to exceed $1,000 per week until the required inspection(s)
have been conducted or remediation efforts have been initiated.
