[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:
LEAD ABATEMENT
A set of measures designed to permanently eliminate lead-based paint hazards, in accordance with the standards established by the Commissioner.
LEAD ABATEMENT CONTRACTOR
A firm certified by the New Jersey Department of Community Affairs (the "Department") to perform remediation through lead abatement or interim control work.
LEAD EVALUATION CONTRACTOR
A firm certified by the Department to perform lead inspection and risk assessment work, including visual assessments.
LEAD INSPECTOR/RISK ASSESSOR
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.
LEAD-BASED PAINT HAZARD
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.
LEAD-FREE
That a dwelling has been certified to have no lead-based paint or has undergone lead abatement.
LEAD-FREE CERTIFICATION
The certificate issued which states that there is no lead-based paint or that the dwelling has undergone lead abatement.
LEAD-SAFE
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.
LEAD-SAFE CERTIFICATION
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.
TENANT TURNOVER
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.
VISUAL ASSESSMENT
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:
(1) 
An owner, who previously opted to hire a lead evaluation contractor to perform the periodic lead-based paint inspection, failed to have the inspection completed; or
(2) 
The Township determines there is a conflict of interest between the owner and their lead evaluation contractor of choice.
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.