[Former Ch. 28, Lead-Based Paint Inspections, was repealed 10-9-2024 by Ord. No. 2024-12. History includes: 6-14-2023 by Ord. No. 2023-04.]
[Added 10-9-2024 by Ord. No. 2024-12]
COMMON INTEREST COMMUNITY
A real estate development or neighborhood in which the property is burdened by servitudes requiring property owners to contribute to maintenance of commonly held property or to pay dues or assessments to an owners' association that provides services or facilities to the community.
DUST WIPE SAMPLING
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.
LAW
N.J.S.A. 52:27D-437.16 et seq., as may be amended from time to time.
LEAD INSPECTOR
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.
LEAD-BASED PAINT HAZARD
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.
LEAD-FREE CERTIFICATION
A certification which confirms that a lead-based paint inspection was performed and that no lead-based paint exists in the dwelling unit or that all lead-based paint hazards have been fully abated.
LEAD-SAFE CERTIFICATION
A certification which confirms that a 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.
VISUAL ASSESSMENT
A visual examination for deteriorated paint or visible surface dust, debris, or residue.
VISUAL ASSESSOR
A person that is certified to perform a visual assessment.
[Added 10-9-2024 by Ord. No. 2024-12]
a. 
A lead evaluation contractor retained by the Township shall inspect every single-family, two-family, or multiple rental dwelling located in the Township of Hope for lead-based paint hazards through visual assessment and dust wipe sampling in accordance with N.J.S.A. 52:27D-437.1 et seq.
b. 
In lieu of having the dwelling inspected by the Township's lead evaluator, 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 perform the lead-based paint inspection in accordance with N.J.S.A. 52:27D-437.1 et seq.
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;
2. 
Was constructed during or after 1978;
3. 
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, 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.
d. 
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.
e. 
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. 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 of Community Affairs, which shall be valid for two years.
f. 
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 section 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 pursuant to § 28-2c of this Chapter.
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.
g. 
Fees.
1. 
The Township or a contractor selected by the Township shall charge the dwelling owner or landlord, and the dwelling owner or landlord shall pay the Township or the contractor selected by the Township in advance of any inspection, a fee sufficient to cover the cost of the inspection, which shall be dedicated to meeting the costs of implementing and enforcing this section, which shall in include the following:
(a) 
Two hundred fifty dollars per dwelling unit for a visual assessment performed by the lead inspector. An XRF (X-ray fluorescence) inspection is available to the requesting party as an add-on to the visual inspections for an additional $150 per unit (allows a dwelling to be certified lead-based paint free and become exempt from the regulation forever). A lead-free certificate will only be issued if not lead-based paint is found.
(b) 
If necessary, a fee of $295 per dwelling unit for reinspection of a unit.
2. 
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 addressed for the purpose of the Lead Hazard Control Assistance Act, unless the owner demonstrates that the Department of Community Affairs 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.
3. 
In a common interest community, any inspection fee charged pursuant to this subsection shall be the responsibility of the unit owner and not the homeowners' association, unless the association is the owner of the unit.
[Added 10-9-2024 by Ord. No. 2024-12]
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. If a property owner fails to cure 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.