[Adopted 6-5-2023 by Ord. No. 2045-2023]
The owner, landlord and/or agent of every single-family, two-family,
and/or 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, or upon tenant turnover,
whichever is earlier.
After the initial inspection required by this article, 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.
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 N.J.S.A. 55:13A-1, et seq., as 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 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; or
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).
If lead-based paint hazards are identified, then the owner of
the dwelling shall remediate the hazards through abatement or lead-based
paint hazard control mechanisms in accordance with N.J.S.A. 52:27D-437.16(d).
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.
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 shall be valid for two
years and shall be filed with the Township Code Enforcement Officer.
The Township Code Enforcement Officer 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-437.16(e), property owners
shall:
A.
Provide evidence of a valid lead-safe certification and the most
recent tenant turnover to the Township of Hamilton 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 or tenants'
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.
A.
Notwithstanding any other fees due pursuant to this chapter, a fee
in the amount of $200 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 Department of Community Affairs to satisfy
the requirements of this section in which case no additional lead-based
paint inspection fee shall be paid.
B.
The fee for the filing of a lead-safe certification or lead-free
certification shall be $50.
C.
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.
In accordance with N.J.S.A. 52:27D-437.19, the penalties for a violation of Article I shall be 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.
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.
Nothing contained in this article is intended nor shall it effect
the terms, provisions, rights and obligations of Ordinance No. 1993-2022.[1] All terms and conditions of Ordinance No. 1993-2022 shall
remain in full force and effect and will be unaffected by the terms
and provisions of this article.
