[HISTORY: Adopted by the Township of Robbinsville 9-25-2023 by Ord. No. 2023-41. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
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 and as conducted pursuant to N.J.A.C.
5:28A-2.3.
A building containing a room or rooms, or suite, apartment,
unit, or space, that is rented and occupied, or is intended to be
rented and occupied, for sleeping and dwelling purposes by one or
more persons.
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.
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 thereto.
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 firm certified by the New Jersey Department of Community
Affairs to perform lead inspection and risk assessment work pursuant
to N.J.A.C. 5:17. This includes the ability to perform dust wipe sampling.
A dwelling that has been certified to have no lead-based
paint or has undergone lead abatement in accordance with N.J.A.C.
5:17.
A dwelling that has been found to have no outstanding lead-based
paint hazards. It does not mean that the dwelling is certified to
be lead free.
Interim controls as defined herein.
Paint or other surface coating material that contains lead
in excess of 1.0 milligrams 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 on
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.
A certification issued pursuant to N.J.A.C. 5:28A, 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 chapter.
Interim controls or lead abatement work undertaken in conformance
with N.J.A.C. 5:28A 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.
An examination performed by viewing surfaces for deteriorated
paint or visible surface dust, debris, or residue, as conducted pursuant
to N.J.A.C. 5:28A-2.3.
A.
Conducting an inspection. All single-family, two-family, and multiple
rental dwellings located within the Township and not exempted are
to be inspected by a lead evaluation contractor. The lead evaluation
contractor shall be a qualified staff member employed by the Township,
a contractor hired by the Township to perform the required inspections,
or a contractor hired directly by the owner or landlord of said rental
dwelling to perform the required inspections. The Township shall exercise
appropriate oversight of a landlord or owner who chooses to hire a
lead evaluation contractor to perform the periodic lead-based paint
inspection.
B.
Initial inspection. All single-family, two-family, and multiple rental
dwellings located within the Township and not exempted are required
to initially be inspected for lead-based paint by July 22, 2024, or
upon the first tenant turnover, whichever is earlier.
C.
Recurring inspections. After initial inspection, all single-family, two-family, and multiple rental dwellings located in the Township and not exempted shall be inspected for lead-based paint hazards every three years or upon tenant turnover, whichever is earlier, except that an inspection at tenant turnover shall not be required if the owner or landlord has a valid lead-safe certification pursuant to § 148-2E.
D.
Inspection standards.
(1)
If less than 3% of children tested, six years of age or younger,
have a blood lead level greater than or equal to five micrograms per
deciliter (5 ug/dL), according to the central lead screening database
maintained by the New Jersey Department of Health pursuant to Section
5 of P.L. 1995, c. 328 (N.J.S.A. 26:2-137.6), or according to other
data deemed appropriate by the commissioner (as such term is used
in and for the purposes of N.J.S.A. 52:27D-437.16), then the lead
evaluation contractor may inspect a dwelling unit therein for lead-based
paint hazards through visual assessment.
(2)
If at least 3% of children tested, six years of age or younger, have
a blood lead level greater than or equal to five micrograms per deciliter
(5 ug/dL), according to the central lead screening database maintained
by the New Jersey Department of Health pursuant to Section 5 of P.L.
1995, c. 328 (N.J.S.A. 26:2-137.6), or according to other data deemed
appropriate by the commissioner, then the lead evaluation contractor
shall inspect a dwelling located therein through dust wipe sampling.
(3)
If an inspection is conducted by a qualified staff member employed by the Township, or a contractor hired by the Township to perform the required inspections, such inspection shall be conducted through dust wipe sampling. If an inspection is conducted by a contractor hired directly by the owner or landlord of said rental dwelling to perform the required inspection, such inspection may be conducted through visual inspection if permitted in accordance with the requirements of Subsection D(1) above.
E.
Successful inspection and certification. In the instance that an
inspection or re-inspection does not find lead-based paint hazards
to exist in a dwelling unit, the lead evaluation contractor shall
certify said dwelling unit as lead-safe on a form prescribed by the
New Jersey Department of Community Affairs as provided for in regulations
or guidance promulgated pursuant to P.L. 2021, c. 182 (N.J.S.A. 52:27D-437.20),
which shall be retained by the Township, and a copy of which will
be retained by the property owner and/or landlord. This certification
shall remain valid for two years.
F.
Failing inspection and remediation. In the instance that an inspection
or re-inspection finds lead-based paint hazards to exist in a dwelling
unit, the lead evaluation contractor shall report same to the Township
and to the Commissioner of Community Affairs, who shall review the
findings in accordance with Section 8 of the "Lead Hazard Control
Assistance Act," P.L. 2003, c. 311 (N.J.S.A. 52:27D-437.8). The property
owner and/or landlord shall remediate the lead-based paint hazard
by using abatement or lead-based paint hazard control methods 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, a lead evaluation contractor
shall conduct an additional inspection of the unit to certify that
the hazard no longer exists. During the period of remediation, no
new tenants shall be entered into any agreement to reside in said
dwelling unit. If a lead hazard is identified in one dwelling unit
that is a part of a building consisting of two or more dwelling units,
then the lead evaluation contractor shall inspect the remainder of
the dwelling units in said building for any lead hazards, with the
exception of any such dwelling units that have already been certified
to be free of lead-based paint. Each additional dwelling unit requiring
inspection shall be subject to a separate inspection fee.
A.
In accordance with N.J.S.A. 52:27D-437.16c, a dwelling unit in a
single-family, two-family, or multiple rental dwelling shall be exempted
from lead-based paint hazard inspection and evaluation if the dwelling
unit:
(1)
Has been certified to be free of lead-based paint pursuant to N.J.A.C.
5-17;
(2)
Was constructed during or after 1978;
(3)
Is in a multiple dwelling constructed prior to 1978 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," P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et
seq.) and N.J.A.C. 5:10;
(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;
(6)
As provided in N.J.A.C. 5:28A-1.3.
A.
Registration. For purposes of this chapter, property owners of single-family, two-family, or multiple rental dwellings, unless otherwise exempted pursuant to § 148-3 above, shall be required to initially register said dwelling(s) with the Township and every three years thereafter.
B.
Lead-safe certification. Any property owner required to register pursuant to this section, or seeking exemption from registration pursuant to § 148-3A(5) above, shall provide evidence of a valid lead-safe certification obtained pursuant to this chapter as well as evidence of the most recent tenant turnover at the time of the cyclical inspection carried out under the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq., unless not required to have had an inspection by a lead evaluation contractor pursuant to § 148-3A(1), (2), or (3). Evidence of a valid lead-safe certification obtained pursuant to this chapter shall be provided 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 pursuant to § 148-3A(1), (2), (3), and (4), and a copy of such certification shall be affixed as an exhibit to the tenant's or tenants' lease.
C.
A property owner shall maintain a record of the lead-safe certification which shall include the name or names of the unit's tenant or tenants and if the inspection was conducted during the period of tenancy, unless not required to have had an inspection by a lead evaluation contractor pursuant to § 148-3A(1), (2), (3), and (4).
A.
Inspection/re-inspection fee. The fee for the conducting of an inspection or re-inspection in accordance with this chapter, which is dedicated solely to meeting the costs of implementing and enforcing this chapter, shall be as specified in Chapter 109, Fees, and paid in advance of any inspection or re-inspection.
B.
The fee for the filing of a lead-safe certification or lead-free
certification shall be $25.
C.
State fee. There shall also be charged a fee of $20 per unit inspected
in accordance with this chapter, for the purposes of the "Lead Hazard
Control Assistance Act," P.L. 2003, c. 311 (N.J.S.A. 52:27D-437.1
et seq.) concerning lead hazard control work, unless the owner and/or
landlord demonstrates that the Department of Community Affairs has
already assessed an additional inspection fee of $20 pursuant to the
provisions of Section 10 of P.L. 2003, c. 311 (N.J.S.A. 52:27D-437.10).
The fee collected pursuant to this subsection shall be deposited into
the "Lead Hazard Control Assistance Fund" established pursuant to
P.L. 2003, c. 311 (N.J.S.A. 52:27D-437.4).
D.
Common interest community. In a common interest community, any inspection
fee charged pursuant to this chapter shall be the responsibility of
the unit owner and not the homeowners' association, unless the
association is the owner of the unit.
A.
Investigations. The Township shall be authorized to conduct investigations
and issue penalties to enforce a property owner's failure to
comply with this chapter.
B.
Thirty-day notice and subsequent penalty. All property owners are
required to comply with the requirements of P.L. 2021, c. 182[1] and this chapter. If the Township determines that a property
owner of a qualifying single-family, two-family, or multiple rental
dwelling is not in compliance with said requirements, the owner shall
be given a thirty-day notice to cure any violation by conducting the
required inspection or by initiating any required remediation efforts.
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. Remediation efforts shall be considered
to be initiated when the property owner has hired a lead abatement
contractor or other qualified party to perform lead-hazard control
methods.
[1]
Editor's Note: N.J.S.A. 52:27D-437.20.
