[HISTORY: Adopted by the Township Committee of the Township
of Buena Vista as indicated in article histories. Amendments noted
where applicable.]
[Adopted 6-26-2023 by Ord. No. 130-2023[1]]
[1]
Editor's Note: This ordinance was originally adopted as Ch.
220 but was redesignated to maintain the organizational structure
of the Code.
The following definitions shall apply to this article:
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.
Dwelling 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.
Dwelling Unit 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.
Interim Controls 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.
Lead Abatement 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.
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.
A person certified by the Department of Community Affairs
to perform lead inspection and risk assessment work pursuant to N.J.A.C.
5:17-1.1 et seq. This includes the ability to perform dust wipe sampling,
and is either an employee, contracted or through a shared service
agreement.
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.
Paint or other surface coating material that contains lead
in excess of 1.0 milligram 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 in
surfaces that would result in adverse human health effects.
A certification 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.
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.
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 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.
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.
Interim controls or lead abatement work undertaken in conformance
with this article 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 person that is certified to perform a visual assessment.
A.
A lead inspector for the Township of Buena Vista shall inspect every
single-family, two-family, and multiple rental dwelling located within
the Township of Buena Vista for lead-based paint hazards through visual
assessment and dust wipe sampling in accordance with N.J.S.A. 52:27D-437.16
et seq., as may be amended from time to time.
B.
The property owner or landlord may, in lieu of having the dwelling
inspected by the Township's lead inspector, directly hire a private
lead inspector who is certified to provide lead paint inspection services
by the Department of Community Affairs to perform the lead-based paint
inspection in accordance with N.J.S.A. 52:27D-437.16 et seq., as may
be amended from time to time.
C.
In accordance with N.J.S.A. 52:27D-437.16(c), 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 if the unit:
(1)
Has been certified to be free of lead-based paint and has presented
such certification to the Township;
(2)
Was constructed during or after 1978;
(3)
Is in 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;[1]
[1]
Editor's Note: See N.J.S.A. 55:13a-1 et seq.
(4)
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
(5)
Has a valid lead-safe certification and has presented such certification
to the Township.
D.
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 hazard, the Township's
lead inspector or visual assessor, as may be applicable, or the owner's
private lead inspector, shall conduct an additional inspection of
the unit to clarify that the hazard no longer exists and present that
certification to the Township.
E.
If no lead-based paint hazards are identified, then the Township's
lead inspector 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, or otherwise
applicable by New Jersey State laws.
F.
In accordance with N.J.S.A. 52:27D-437.16(e), property owners shall:
(1)
Provide evidence of a valid lead-safe certification and the most
recent tenant turnover to the Township of Buena Vista at the time
of the cyclical inspection.
(2)
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.
(3)
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.
G.
The fees for a lead-based paint inspection(s) shall be in accordance
with all shared service agreements held by the Township.
The Township Clerk shall have the authority to violate any property
owner, or registered agent on behalf of the property owner, which
violates any of the provisions of this article who shall, upon conviction
in the Municipal Court of the Township of Buena Vista, be punished
for each offense by a fine of not less than $500 and not more than
$2,000, imprisonment of not more than 90 days, and/or a period of
community service for not more than 90 days.
