[Adopted 7-20-2023 by Ord. No. 2023-025]
The following words and terms shall have the following meanings
in accordance with N.J.S.A. 52:27D-437.6 and N.J.A.C. 5:28A-1.1 et
seq.
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 is 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 the standards established by the
Commissioner of the Department of Community Affairs at N.J.A.C. 5:17.
A firm certified by the New Jersey Department of Health to
perform 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 or interim control work pursuant to N.J.A.C.
8:62.
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.
That a dwelling has been found to have no outstanding lead-based
paint hazards. It does not mean that the dwelling is certified to
be lead free.
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.
That a dwelling has been found to have no outstanding lead-based
paint hazards. It does not mean that the dwelling is certified to
be lead free.
Interim controls, as defined above.
Paint or other surface coating material that contains lead
in excess of 1.0 milligrams 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 effects.
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.
The certification issued, pursuant to N.J.A.C. 5:28A, 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.
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. 55:13A-3(k).
The initial inspection of all applicable dwelling units at
the earlier of two years form 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 in accordance with N.J.A.C. 5:28A.
Interim controls or lead abatement work undertaken in conformance
with this article in accordance with 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.
A.
This article applies to all rental single-family, two-family, and multiple dwelling units unless otherwise exempted in § 275-17 below.
B.
The initial inspection for all single-family, two-family, and multiple
dwellings subject to this article shall be upon tenant turnover or
within two years of the effective date of P.L. 2021, c. 182 (N.J.S.A.
52:27D-437.6), July 22, 2022, whichever is sooner. Thereafter, all
such dwelling units shall be inspected for lead-based paint hazards
every three years or upon tenant turnover, whichever is earlier, except
that an inspection shall not be required at tenant turnover if the
dwelling unit owner has a valid lead-safe certification for the dwelling
unit.
(1)
The next periodic lead-based paint inspection shall be counted from
the most recent periodic lead-based paint inspection that resulted
in a valid lead-safe certification.
C.
The Borough retains a lead evaluation contractor to perform inspections for lead-based paint hazards in every single-family, two-family, and multiple dwelling subject to this article. Inspections shall be performed as outlined in § 275-16B above.
D.
The Borough shall permit, if a landlord or owner so chooses, a dwelling unit owner or landlord to directly hire a lead evaluation contractor to conduct the periodic lead-based paint inspections for lead-based paint. Inspections shall be performed as outlined in § 275-16B above.
(1)
The Borough shall have the authority to conduct inspections or investigations
of landlords or owners that directly hire lead evaluation contractors
to ensure that periodic lead-based paint inspections are being performed
in accordance with this article.
(2)
The Borough shall have the authority to prohibit an owner from directly
hiring a lead evaluation contractor to conduct a periodic lead-based
paint inspection in the following situations:
The following rental dwelling units shall be exempt from the
requirements of this article and shall not be subject to periodic
lead-based paint inspection and evaluation for the presence of lead-based
paint hazards:
A.
Dwelling units that were constructed during, or after, 1978.
B.
Single-family and two-family seasonal rental dwelling units that
are rented for less than six months' duration each year by tenants
that do not have consecutive lease renewals.
C.
Dwelling units that have been certified to be free of lead-based
paint pursuant to N.J.A.C. 5:17.
D.
Multiple rental dwelling units constructed prior to 1978 that have
been registered with the Department of Community Affairs for at least
10 years and have no outstanding paint violations from the most recent
cyclical inspection performed on the multiple 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 Department of Community Affairs for at least 10
years and that have a current certificate or inspection issued by
the Department of Community Affairs, Bureau of Housing Inspection,
shall be exempt from this article; and
(2)
All multiple dwelling units constructed prior to 1978 that have been
registered with the Department of Community Affairs for at least 10
years with open inspections that have no violations for paint shall
also be exempt from this article.
E.
Lead-safe certifications are valid for two years from the date of
issuance pursuant to N.J.A.C. 5:28A-2.4.
A.
At the time of enactment of P.L. 2021, c. 182 (N.J.S.A. 52:27D-437.6), the Department of Community Affairs identified the Borough as a municipality in which more than 3% of children tested, six years of age or younger, have a blood lead level greater than or equal to five (micro) g/dL according to the central lead screening database maintained by the New Jersey Department of Health. Accordingly, the licensed lead evaluation contractor shall perform the periodic lead-based paint inspection through a dust wipe sampling, collecting samples by wiping representative surfaces, including floors, interior windowsills, and other similar surfaces, and tested, in accordance with methods approved by HUD. A visual assessment in accordance with § 275-18B below may be undertaken during the course of the dust wipe sampling.
B.
In the event the Department of Community Affairs designates the Borough
as a municipality in which at least 3% of children tested, six years
of age or younger, do not have a blood lead level greater than or
equal to five (micro) g/dL according to the central lead screening
database maintained by the New Jersey Department of Health, then the
inspections required by this article, the periodic lead-based paint
inspection may be performed through a visual assessment.
(1)
The lead evaluation contractor for visual assessments shall examine
dwellings, in accordance with HUD guidelines and regulations 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.
C.
A lead evaluation contractor with the duty to inspect dwellings subject
to this article in accordance with N.J.A.C. 5:28A may consult with
the Department of Community Affairs, the local health board, or the
New Jersey Department of Health concerning the criteria for the inspection
and identification of areas and conditions involving a high risk of
lead poisoning in such dwellings, including detection of lead and
standards of the repair of such dwellings containing lead paint.
A.
Following an inspection, if a lead evaluation contractor finds that
no lead-based paint hazard exists in a dwelling unit, the lead evaluation
contractor shall certify the dwelling unit as lead-safe on the form
prescribed by the Department of Community Affairs.
(1)
The lead-safe certification shall be valid for a period of two years
from the date of issuance.
(a)
If, during the two-year certification period, a lead evaluation contractor, lead inspector/risk assessor, a local health department or the Borough 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 in accordance with N.J.A.C. 5:28A shall be invalid. A periodic lead-based paint inspection shall be scheduled upon the conclusion of remediation, in accordance with § 275-20, Remediation, below.
(b)
Where an independent inspection or risk assessment determines
that there is a lead-based paint hazard, the inspector/risk assessor
shall inform the Borough of the result of the inspection.
(c)
The lead-safe certification shall not exempt the dwelling from
any other law that would require a lead inspection/risk assessment.
(2)
A copy of the lead-safe certification shall be provided to the owner
of the building. If a lead evaluation contractor issues the lead-safe
certification, a copy shall also be provided to the Borough at the
time that it is issued.
B.
If a lead evaluation contractor finds that a lead-based paint hazard
exists in the dwelling unit, they shall notify the Department of Community
Affairs for review of the findings, in accordance with the Lead Hazard
Control Assistance Act.[1]
(1)
If the 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 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.
[1]
Editor's Note: See N.J.S.A. 52:27d-437.1 et seq.
C.
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.
A.
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.
B.
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.
C.
Abatement work shall be performed in accordance with the requirements
in the Lead Hazard Evaluation and Abatement Regulations, N.J.A.C.
5:17.
D.
Any relocation of tenants required pursuant to a remediation shall
be undertaken in accordance with applicable law.
E.
Upon conclusion of the remediation, the following procedures shall
be followed:
(1)
If the owner utilized interim controls for remediation, the lead
evaluation contractor shall conduct an additional inspection within
60 days of the initial inspection by using dust wipe sampling. If
the inspection shows that the hazard no longer exists, the lead evaluation
contractor shall certify the unit as lead-safe on the form prescribed
by the Department of Community Affairs. 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 the 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.
A.
Owners.
(1)
The owner of a dwelling that is subject to this article shall provide
to the tenant and to the municipality evidence of a valid lead-safe
certification obtained pursuant to this article, and in accordance
with N.J.A.C. 5:28A, at the time of tenant turnover. The owner shall
also affix a copy of any such certification as an exhibit to the tenant's
lease.
(2)
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 and in accordance with N.J.A.C. 5:28A, 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.
(3)
The owner of a dwelling that is subject to this article 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.
(4)
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.
(5)
The owner of a dwelling shall provide a copy of N.J.A.C. 5:28A, and
any lead-safe certifications issued pursuant thereto, along with the
accompanying guidance document, Lead-Based Paint in Rental Dwellings,
to any prospective owners of the dwelling during a real estate transaction,
settlement, or closing.
B.
Municipal and lead evaluation contractor.
(1)
The Borough shall maintain a record of all dwellings subject to this
article, including up-to-date information on inspection schedules,
results, and tenant turnover.
(2)
The Borough shall maintain a record of all lead-safe certifications
issued pursuant to this article in accordance with N.J.A.C. 5:28A.
(a)
Where a lead evaluation contractor performs inspections for
the Borough, the lead evaluation contractor shall provide a copy of
the lead-safe certification to the Borough.
(b)
Where an owner hires a lead evaluation contractor to perform
inspections for his or her dwelling, the lead evaluation contractor
shall provide a copy of the lead-safe certification to the Borough.
(c)
Pursuant to N.J.A.C. 5:17, the Borough shall maintain a record
of all issued lead-free certifications.
A.
The Borough shall charge the dwelling owner or landlord a fee sufficient
to cover the cost of the periodic lead-based paint inspection, including
the cost of hiring a lead evaluation contractor, where applicable.
Fee schedules for a Borough-retained lead evaluation contractor shall
be adopted by resolution authorizing the agreement of service entered
into by the Borough and such contractor.
B.
In addition to these fees, the Borough shall assess an additional
fee of $20 per unit inspected by a lead evaluation contractor for
the purposes of the Lead Hazard Control Assistance Act, P.L. 2003,
c. 311 (N.J.S.A. 52:27D-437.1 et seq.), concerning lead hazard control
work, unless the unit owner demonstrates that the Department of Community
Affairs has already assessed an additional inspection fee of $20 pursuant
to the provisions of Section 10 at P.L. 2003, c. 311 (N.J.S.A. 52:27D-437.10).
The fees collected pursuant to this subsection shall be deposited
into the Lead Hazard Control Assistance Fund under the administration
of the New Jersey State Department of Community Affairs, but no additional
lead-based paint inspection fee shall be charged by the Borough.
C.
In a common interest community, any inspection fee charged pursuant
to this article shall be the responsibility of the unit owner and
not the homeowners' association, unless the association is the owner
of the unit.
A.
Pursuant to N.J.A.C. 5:28A-4.1, the Borough is authorized to conduct
investigations and issue penalties in order to enforce a property
owner's failure to comply with this article.
(1)
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.
(2)
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.
B.
The Borough, pursuant to N.J.A.C. 5:28A-2.1(d), shall exercise appropriate
oversight of a landlord or owner who chooses to hire a lead evaluation
contractor to perform the periodic lead-based paint inspection.
C.
The Borough Administrator, and any and all other Borough officials,
are hereby directed and authorized to perform all acts necessary to
effectuate the purposes of this article.
D.
Any article, section, paragraph, subsection, clause, or other provision
of this article which is inconsistent with the provisions of N.J.A.C.
5:28A or other laws is hereby repealed.
