[Added 11-14-2023 by Ord. No. 23-21]
The owner, landlord and/or agent of every single-family, two-family, and multiple rental 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 P.L. 2021, c. 182, July 2, 2022,[1] or upon tenant turnover, whichever is earlier.
[1]
Editor's Note: See N.J.S.A. 52:27D-437.16 et seq.
After the initial inspection required by § 261-111, 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 the earlier of every three years, or upon tenant turnover, except that an inspection upon tenant turnover shall not be required if the owner has a valid lead-safe certification.
In lieu of the performance of an inspection by the Borough Enforcement Official, the owner or landlord of any single-family, two-family or multiple rental dwelling unit subject to the requirements of this article shall be permitted to hire a lead evaluation contractor who is certified to provide lead paint inspection services by the Department of Community Affairs to satisfy the requirements of §§ 261-111 and 261-112.
Inspections for lead-based paint in rental dwelling units shall be governed by the standards set forth in N.J.S.A. 52:27D-437.1 et seq., and 55:13A-1 et seq., as may be amended from time to time.
Notwithstanding the provisions of § 261-111 or 261-112 of this article, 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.; or
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 has a valid lead-safe certification issued in accordance with N.J.S.A. 52:27D-437.16 et seq.
A. 
If the Borough Enforcement Official or the owner's private lead evaluation contractor finds that a lead-based paint hazard exists upon conducting an inspection pursuant to this article, then the owner of the dwelling shall remediate the hazards through abatement or lead-based paint hazard control mechanisms, approved in accordance with the provisions of the Lead Hazard Control Assistance Act, P.L. 2003, c. 311 (N.J.S.A. 52:27D-437.1 et seq.). Upon the remediation of the lead-based paint hazard, the Borough Enforcement Official or the owner's private lead evaluation contractor, as applicable, shall conduct an additional inspection of the unit to certify that the hazard no longer exists.
B. 
If the Borough Enforcement Official or the owner's private lead evaluation contractor finds that no lead-based paint hazards exist in a dwelling unit upon conducting an inspection pursuant to this article or following remediation of a lead-based paint hazard pursuant to Subsection A of this section, then the Borough Enforcement Official or the owner's private lead evaluation contractor shall certify the dwelling as lead safe on a form prescribed by the Department of Community Affairs, which shall be valid for two years and shall be filed with the Borough's Enforcement Official. The Borough Enforcement Official shall maintain up-to-date information on inspection schedules, inspection results, tenant turnover and a record of all lead-free certifications issued pursuant to N.J.A.C. 5:17.
In accordance with N.J.S.A. 52:27D-437.16e, property owners shall:
A. 
Provide evidence of a valid lead-safe certification and the most recent tenant turnover to the Borough of Rockaway at the time of the cyclical inspection, unless otherwise exempt from the inspection requirement pursuant Subsections A, B or C of § 261-115.
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 or tenants' lease, unless otherwise exempt from the inspection requirement pursuant Subsections A, B, C and D of § 261-115.
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, unless otherwise exempt from the inspection requirement pursuant Subsections A, B, C and D of § 261-115.
The following fees shall be assessed and collected by the Borough pursuant to this article:
A. 
Visual inspection fees. Notwithstanding any other fees due pursuant to this chapter, a lead-based inspection fee in the amount of $200 per dwelling unit shall be paid for each lead-based paint inspection. Said fee shall be dedicated to meeting the costs of implementing and enforcing this subsection and shall not be used for any other purpose. Alternatively, a dwelling owner or landlord may directly hire a private lead evaluation contractor who is certified to provide lead paint inspection services by the New Jersey Department of Community Affairs.
B. 
Administrative fee. The fee for the filing of a lead-safe certification or lead-free certification shall be $50. Fee is required only for properties whose inspections were conducted by credentialled third-party inspectors and found to be either "lead free" or "lead safe".
C. 
An additional fee in the amount of $20 per unit inspected shall be assessed and collected by the municipality as mandated as per P.L. 2021, c. 182,[1] for purposes of the Lead Hazard Control Assistance Fund.
[1]
Editor's Note: See N.J.S.A. 52:27D-437.16 et seq.
D. 
Dust wipe sample fee. (If required) There is a $35 fee each. This covers taking the dust sample and the laboratory analysis.
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.
The Borough shall conduct investigations and issue penalties to ensure compliance with the provisions of this article as provided by state as follows:
A. 
If a property owner has failed to conduct the required inspection or initiate any remediation efforts, the owner shall be given 30 days to cure the violation by conducting the required inspection or initiate any required remediation efforts.
B. 
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 conducted or remediation efforts have been initiated.
Each section, subsection, paragraph, sentence, clause and phrase of this article is declared to be an independent section, subsection, sentence, clause and phrase. If any portion of this article, or its application to any person or circumstances, shall be adjudged or otherwise determined to be invalid, unconstitutional, preempted, void, or ineffective for any clause or reason, such determination shall not affect the remaining provisions of this article, and the application of such remaining provisions shall not be affected thereby and shall remain in full force and effect, and to this end, the provisions of this article are severable.
All ordinances or parts of ordinances contrary to or inconsistent with the provisions of this article are hereby repealed to the extent of such inconsistency.