[Added 8-16-2023 by Ord.
No. 37-2023]
Means 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.
Means 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.
Means 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 is defined pursuant to 42 U.S.C. § 4851b
and the regulations adopted pursuant thereto.
Means a set of measures designed to permanently eliminate
lead-based paint hazards, in accordance with the standards established
by the Commissioner at N.J.A.C. 5:17.
Means a firm certified by the Department to perform remediation
through lead abatement or interim control work pursuant to N.J.A.C.
5:17.
Means an individual certified by the New Jersey Department
of Health to perform lead abatement or interim control work pursuant
to N.J.A.C. 8:62.
Means a firm certified by the Department 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. Page 4 of 14 N.J.A.C.
5:28A-1.2
Means 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.
Means an individual certified by the New Jersey Department
of Health 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.
Means paint or other surface coating material that contains
lead in excess of 1.0 milligrams per centimeter squared or in excess
of 0.5 percent by weight, or such other level, as may be established
by Federal law.
Means 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.
Means the certificate issued, in accordance with N.J.A.C.
5:17, which states that there is no lead-based paint, or that the
dwelling has undergone lead abatement, in accordance with N.J.A.C.
5:17. "Lead-safe certification" means the certification issued pursuant
to this article, which confirms that a periodic lead-based paint inspection
was performed, and no lead-based paint hazards were found. This certification
is valid for two years from the date of issuance, in accordance with
N.J.A.C. 5:28A-2.4.
Means 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. "Multiple dwelling" also means
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. "Multiple dwelling" does not include
those buildings and structures that are excluded pursuant to N.J.S.A.
55:13A3(k).
Means 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.
Means a local, municipal agency maintained for the purpose
of conducting inspections and enforcing laws, ordinances, and regulations
concerning buildings and structures within its jurisdiction. This
may include local building agencies, health agencies, and housing
agencies.
Means interim controls or lead abatement work undertaken
in conformance with this chapter to address lead-based paint hazards.
Means 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.
Means 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.
[Added 8-16-2023 by Ord.
No. 37-2023]
The owner, landlord and/or agent of every single-family, two
family, and 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 22, 2022, or upon
tenant turnover, whichever is earlier.
[Added 8-16-2023 by Ord.
No. 37-2023]
After the initial inspection, 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.
[Added 8-16-2023 by Ord.
No. 37-2023]
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 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 N.J.S.A.
52:27D-437.16(d)(2).
[Added 8-16-2023 by Ord.
No. 37-2023]
Inspections for lead-based paint in rental dwelling units shall
be done through visual assessment of 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.
[Added 8-16-2023 by Ord.
No. 37-2023]
If, following inspection, a lead evaluation contractor or permanent
local agency finds that no lead-based paint hazard exists in a dwelling
unit, the lead evaluation contractor or permanent local agency shall
certify the dwelling unit as lead-safe on the form prescribed by the
New Jersey Department of Community Affairs.
A.
The lead-safe certification shall be valid for a period of two years
from the date of issuance.
(1)
If, during the two-year certification period, a lead evaluation
contractor, lead inspector/risk assessor, a local health department,
or a public agency conducts an independent inspection or risk assessment
and determines that there is a lead-based paint hazard, the lead-safe
certification issued pursuant to this article shall be invalid. A
periodic lead-based paint inspection shall be scheduled upon the conclusion
of remediation, in accordance with N.J.A.C. 5:28A-2.5(e).
(2)
Where an independent inspection or risk assessment determines
that there is a lead-based paint hazard, the inspector/risk assessor
shall inform the municipality of the results of the inspection.
(3)
The lead-safe certification shall not exempt the dwelling from
any other law that would require a lead inspection/risk assessment.
B.
A copy of the lead-safe certification shall be provided to the owner
of the dwelling. If a lead evaluation contractor issues the lead-safe
certification, a copy shall also be provided to the municipality at
the time it is issued.
C.
If a lead evaluation contractor or permanent local agency finds that
a lead-based paint hazard exists in a dwelling unit, they shall notify
the New Jersey Department of Community Affairs for review of the findings,
in accordance with the Lead Hazard Control Assistance Act.
D.
If a lead-based paint hazard is identified in an inspection of one
of the dwelling units in a building consisting of two or three dwelling
units, then the lead contractor or permanent local agency shall inspect
the remainder of the building's dwelling units, with the exception
of those dwelling units that have been certified to be free of lead-based
paint or which have a valid lead-safe certification
E.
The owner of the dwelling unit shall be responsible for remediation
of the lead-based paint hazard. Remediation must be conducted consistent
with the requirements at N.J.A.C. 5:28A-2.5.
[Added 8-16-2023 by Ord.
No. 37-2023]
Where a lead-based paint hazard exists in a dwelling, the owner
shall remediate the hazard by using either abatement or interim controls.
The owner shall choose the appropriate remediation mechanism.
A.
Interim controls shall be performed, in accordance with the requirements
of the United States Department of Housing and Urban Development at
42 U.S.C. § 4851b and detailed within the HUD Guidelines
for the Evaluation and Control of Lead-Based Paint Hazards in Housing.
B.
Abatement work shall be performed in accordance with the requirements
in the Lead Hazard Evaluation and Abatement Regulations, N.J.A.C.
5:17.
C.
Any relocation of tenants required pursuant to a remediation shall
be undertaken, in accordance with applicable law.
D.
Upon conclusion of the remediation, the following procedure shall
be followed:
(1)
If the owner utilized interim controls for remediation, the
lead evaluation contractor or permanent local agency shall conduct
an additional inspection within 60 days of the initial inspection
by using dust wipe sampling. If the inspections shows that the hazard
no longer exists, the lead evaluation contractor or permanent local
agency shall certify the unit as lead-safe. The certification shall
be valid for a period of two years from the date of issuance; and
(2)
If the owner utilized abatement for remediation, and a lead
abatement clearance certificate has been issued by the local enforcing
agency 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 periodical lead-based paint inspections.
[Added 8-16-2023 by Ord.
No. 37-2023]
The owner of a dwelling that is subject to this section shall
provide to the tenant and to the municipality evidence of a valid
lead-safe certification obtained pursuant to this article at the time
of tenant turnover.
A.
The owner shall also affix a copy of any such certification as an
exhibit to the tenant's lease.
B.
The owner of a multiple dwelling that is subject to this article
shall provide evidence of a valid lead safe certification obtained
pursuant to this article, as well as evidence of the most recent tenant
turnover, at the time of any cyclical inspection performed pursuant
to the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq.
C.
The owner of a dwelling that is subject to this subsection shall
maintain a record of the lead-safe certification, which shall include
the name or names of a unit's tenants, if the inspection was
conducted during a period of tenancy.
D.
The owner of any dwelling subject to this article shall inform the
municipality of all tenant turnover activity to ensure any required
inspection may be scheduled.
E.
The owner of a dwelling shall provide a copy of any lead-safe certifications
issued pursuant hereto to any prospective owners of the dwelling during
a real estate transaction, settlement, or closing.
[Added 8-16-2023 by Ord.
No. 37-2023]
Notwithstanding any other fees due pursuant to this article,
the following fees shall be paid:
A.
The fee for a visual assessment and dust wipe sampling inspection
performed by the Township's lead inspector shall be as follows:
C.
The administrative fee for the lead-safe certification or lead-free
certification 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's private lead inspector shall be assessed for the
purposes of the Lead Hazard Control Assistance Act, unless the unit
owner 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.
[Added 8-16-2023 by Ord.
No. 37-2023]
The Township shall conduct investigations and may issue penalties
in order to enforce a property owner's failure to comply with
this subsection:
A.
The owner of the dwelling shall first be given a period of 30 days
to cure any violation by conducting the required inspection or initiating
any required remediation efforts.
B.
If the owner of the dwelling has not cured the violation within that
time period, they shall be subject to a penalty, not to exceed $1,000
per week, until the required inspection has been conducted or the
remediation efforts have been initiated. Remediation efforts shall
be considered to be initiated when the dwelling owner has hired a
lead abatement contractor or other qualified party to perform lead-hazard
control methods.
