[Adopted 10-17-2023 by Ord. No. 3106-23]
For the purposes of this article only, the following words and
terms shall have the meanings set forth below:
A set of measures designed to permanently eliminate lead-based
paint hazards, in accordance with the standards established by the
Commissioner.
A firm certified by the New Jersey Department of Community
Affairs (the "Department") to perform remediation through lead abatement
or interim control work.
A firm certified by the Department to perform lead inspection
and risk assessment work, including visual assessments.
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.
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.
That a dwelling has been certified to have no lead-based
paint or has undergone lead abatement.
The certificate issued which states that there is no lead-based
paint or that the dwelling has undergone lead abatement.
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.
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.
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 is conducted.
The obligation to perform lead paint inspections shall apply
to the owners of all rental single-family, two-family, and multiple-dwelling
units except as otherwise provided pursuant to N.J.S.A. 52:27D-437.1
et seq.
A.
The Township Health Officer and/or Code Enforcement Official or their
designee shall be authorized and empowered to conduct periodic lead-based
inspections for all applicable dwelling units offered for rent to
determine the presence of lead-based paint.
B.
The Township may retain the services of a lead evaluation contractor
to inspect every single-family, two-family, or multiple-rental dwelling
located in the Township for lead-based paint hazards through visual
assessment.
C.
The dwelling owner, landlord and/or property management agent of
every single-family, two-family and/or multiple-dwelling rental unit
are responsible and shall obtain an inspection of each unit for lead-based
paint hazards as required by New Jersey law. To obtain the required
inspection, the dwelling owner, landlord and/or property management
agent may arrange it with the lead evaluation contractor retained
by the Township and pay all applicable and required fees associated
with such inspection.
D.
In lieu of having the dwelling inspected by the Township's lead
evaluation contractor, 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 to perform the lead-based
paint inspection in accordance with N.J.S.A. 52:27D-437.1 et seq.
E.
The owner, landlord, and/or agent of every single-family, two-family,
or multiple-rental 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.
F.
Whenever a dwelling unit is scheduled for a tenant turnover, the
then-current landlord, owner and/or managing property agent shall
provide written notice to the Township Health Department or Code Enforcement
Official that either an inspection is needed or will be conducted
by a private lead evaluation contractor at least 20 calendar days'
prior to the scheduled date of the tenant turnover.
A.
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;
(2)
Was constructed during or after 1978;
(3)
Is in a multiple dwelling that has been registered with the Department
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, P.L. 1967, c. 76 (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.
B.
The Health Department or Code Enforcement Official 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:
C.
Pursuant to N.J.S.A. 52:27D-437.16(e), property owners shall:
(1)
Provide evidence of valid lead-safe certification and the most recent
tenant turnover at the time of the cyclical inspection;
(2)
Provide evidence of a valid lead-safe certification obtained pursuant
to this article to new tenants of the property at the time of tenant
turnover unless not required to have had an inspection by a lead evaluation
contractor or permanent local agency; and
(3)
Maintain records of lead-safe certification, which shall include
name(s) of the unit tenant(s), if inspection was conducted during
a period of tenancy.
A.
If lead-based paint hazards are identified, then the owner, landlord,
and/or agent of the dwelling shall remediate the lead-based paint
hazard using lead abatement or lead-based control methods in accordance
with N.J.S.A. 52:27D-437.16(d). Upon the remediation of the lead-based
paint hazard, the Township's lead evaluation contractor shall
conduct an additional inspection of the unit to certify that the hazard
no longer exists.
B.
If no lead-based paint hazards are identified, then the Township's
lead evaluator shall certify the dwelling as lead-safe on a form prescribed
by the Department, which shall be valid for two years.
C.
Pursuant to N.J.S.A. 52:27D-437.16(e), property owners shall:
(1)
Provide evidence of valid lead-safe certification and the most recent
tenant turnover at the time of the cyclical inspection;
(2)
Provide evidence of a valid lead-safe certification obtained pursuant
to this article to new tenants of the property at the time of tenant
turnover unless not required to have had an inspection by a lead evaluation
contractor; and
(3)
Maintain records of lead-safe certification, which shall include
name(s) of the unit tenant(s), if inspection was conducted during
a period of tenancy.
A.
The fee for each inspection and each reinspection shall be $300.
B.
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 evaluation
contractor or the owner's private lead evaluation contractor
shall be assessed for the purpose of the Lead Hazard Control Assistance
Act,[1] unless the owner demonstrates that the Department 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, held in escrow by the Township.
[1]
Editor's Note: See N.J.S.A. 52:27D-437.1 et seq.
C.
No inspections or reinspections shall take place unless all fees
are paid. All fees are nonrefundable. Scheduled inspections or reinspections
may be canceled by the Township or its lead evaluation contractor,
unless the completed application and required fees have been received
by the Township at least 24 hours prior to the scheduled inspection,
or on the last working day prior to the scheduled inspection. The
applicant may cancel the requested inspection no less than 48 hours
prior to the time of the scheduled inspection. Every inspection for
which the landlord, tenant, owner or agent has failed to provide access
for inspection shall be deemed a failed inspection.
D.
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.
If a property owner has failed to conduct the required inspection
or initiate any remediation as required by N.J.S.A. 52:27D-437.1 et
seq., the owner shall have 30 days to cure the violation.
B.
If a property owner fails to cure the violation after 30 days, the
property owner shall be subject to a penalty of $100 per day until
the required inspection has been conducted or remediation efforts
have been completed.
If any section, paragraph, subparagraph, clause or provision
of this article shall be adjudged invalid, such adjudication shall
apply only to the specific section, paragraph, subparagraph, clause
or provision so adjudged, and the remainder of this article shall
be deemed valid and effective.
Ordinances or parts of ordinances inconsistent with the provisions
of this article be and the same are hereby repealed to the extent
of any such inconsistencies.
This article shall take effect after final passage and publication
and as provided by law.
