[Added 6-14-2023 by Ord.
No. 2023-04]
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.
Measures designed to permanently eliminate lead-based paint
hazards in accordance with standards established by the Commissioner
of Community Affairs in compliance with standards promulgated by the
appropriate federal agencies.
A person certified by the New Jersey Department of Community
Affairs to perform lead inspection and risk assessment work pursuant
to N.J.A.C. 5:171.1 et seq.
Any condition that causes exposure to lead from lead-contaminated
dust or soil or lead-contaminated paint that is deteriorated or present
in surfaces that would result in adverse human health effects.
The time at which all existing occupants vacate a dwelling
unit(s) and all new tenants move into the dwelling unit.
A visual examination for deteriorated paint or visible surface
dust, debris, or residue.
[Added 6-14-2023 by Ord.
No. 2023-04]
The owner, landlord, and/or agent of every single-family, two-family,
and/or multiple dwelling unit(s) offered for rental shall be required
to obtain an inspection of the unit for lead-based paint hazards within
two years of the effective date of the law, July 2, 2022, or upon
tenant turnover, whichever is earlier.
[Added 6-14-2023 by Ord.
No. 2023-04]
After the initial inspection required by § 28-2, the owner, landlord, and/or agent of such dwelling unit(s) 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, except that an inspection upon tenant turnover shall not be required if the owner, landlord, and/or agent has a valid lead-safe certification.
[Added 6-14-2023 by Ord.
No. 2023-04]
The owner, landlord, and/or agent will directly hire a lead evaluation contractor who is certified to provide lead paint inspection services by the New Jersey Department of Community Affairs to satisfy the requirements of § 28-2 instead of the municipal inspection contemplated by § 28-2. In the event that a dwelling owner or landlord directly hires such a lead evaluation contractor, the term "Township Code Enforcement Officer" shall also mean and include such lead evaluation contractor for purposes of this chapter.
[Added 6-14-2023 by Ord.
No. 2023-04]
The Township Code Enforcement Officer or such lead evaluation
contractor with the duty to inspect single-family, two-family, and
multiple rental dwellings pursuant to this chapter, may consult with
the local health board, the State of New Jersey Department of Health,
or the State of New Jersey Department of Community Affairs concerning
the criteria for the inspection and identification of areas and conditions
involving a high risk of lead poisoning in dwellings, methods of detection
of lead in dwellings, and standards for the repair of dwellings containing
lead paint.
[Added 6-14-2023 by Ord.
No. 2023-04]
Inspection for lead-based paint in rental dwelling units shall
be governed by the standards set forth in N.J.S.A. 52:27D-437.1 et
seq., and N.J.S.A. 55:13A-1 et seq., as may be amended from time to
time.
[Added 6-14-2023 by Ord.
No. 2023-04]
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, or for the fees for
such inspection or evaluation, if the unit:
a.
Has been certified to be free of lead-based paint;
b.
Was constructed during or after 1978;
c.
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,"
N.J.S.A. 55:13A-1, et seq.;
d.
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
e.
Has a valid lead-safe certification issued in accordance with N.J.S.A.
52:27D-437.16d(2).
[Added 6-14-2023 by Ord.
No. 2023-04]
If lead-based paint hazards are identified, then the owner,
landlord, and/or agent 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-437.16d. Upon the remediation of the
lead-based paint hazard, the Township Code Enforcement Officer or
his/her designee, as may be applicable, or the owner's private
lead inspector, shall conduct an additional inspection of the unit(s)
to certify that the hazard no longer exists.
[Added 6-14-2023 by Ord.
No. 2023-04]
If no lead-based paint hazards are identified, then the Township
Code Enforcement Officer or his/her designee, or the owner's
private lead inspector shall certify the dwelling as lead safe on
a form prescribed by the Department of Community Affairs (DCA), which
shall be valid for two years and shall be filed with the Township's
Code Enforcement Officer. The Township Code Enforcement Officer shall
maintain up-to-date information on inspection schedules, inspection
results, tenant turnover, and a record of all lead-free certifications
issued pursuant to N.J.A.C. 5:17.
[Added 6-14-2023 by Ord.
No. 2023-04]
In accordance with N.J.S.A. 52:27D-437.16e, the owner, landlord,
and/or agent shall:
a.
Provide evidence of a valid lead-safe certification and the most recent tenant turnover to the Township of Hope 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 or permanent local agency pursuant to § 28-7 hereof;
b.
Provide evidence of a valid lead-safe certification 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 § 28-7 hereof, and shall affix a copy of such certification as an exhibit to the tenant's or tenants' lease; and
c.
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, unless not required to have had an inspection by a lead evaluation contractor or permanent local agency pursuant to § 28-7 hereof.
[Added 6-14-2023 by Ord.
No. 2023-04]
If the Township Code Enforcement Officer finds that a lead-based
paint hazard exists in a dwelling unit upon conducting an inspection
pursuant to this chapter, then the Code Enforcement Officer shall
notify the Commissioner of Community Affairs, who shall review the
findings in accordance with the "Lead Hazard Control Assistance Act,"
N.J.S.A. 52:27D-437.8.
[Added 6-14-2023 by Ord.
No. 2023-04]
a.
If less than 3% of children tested in the Township, six years of
age or younger, have a blood lead level greater than or equal to five
ug/dL, according to the central lead screening database maintained
by the State of New Jersey Department of Health pursuant to 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 Township Code Enforcement Officer may inspect a dwelling
located therein for lead-based paint hazards through visual assessment.
b.
If at least 3% of children tested, six years of age or younger, have
a blood lead level greater than or equal to five ug/dL, according
to the central lead screening database maintained by the State of
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 Township Code Enforcement Officer shall
inspect a dwelling located therein through dust wipe sampling.
c.
If a lead hazard is identified in an inspection of one of the dwelling
units in a building consisting of two- or three- dwelling units, then
the Township Code Enforcement Officer shall inspect the remainder
of the building's dwelling units for lead hazards, with the exception
of dwelling units that have been certified to be free of lead-based
paint. The Township Code Enforcement Officer may charge fees in accordance
with this chapter for such additional inspections.
[Added 6-14-2023 by Ord.
No. 2023-04]
a.
A dwelling unit owner, landlord, and/or agent may directly hire a
private lead evaluation contractor who is certified to provide lead
paint inspection services by the Department of Community Affairs to
satisfy the requirements of this chapter, in which case no additional
lead-based paint inspection fee shall be paid.
b.
The Municipality shall assess a fee of $20 per unit inspected by
a certified lead evaluation contractor or permanent local agency for
the purposes of the "Lead Hazard Control Assistance Act," P.L. 2003,
c. 311 (N.J.S.A. 52:27D-437.1 et al.) concerning lead hazard control
work, unless the unit owner 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).
c.
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. The fees collected pursuant to this subsection
shall be deposited into the "Lead Hazard Control Assistance Fund"
established pursuant to Section 4 of P.L. 2003, c. 311 (N.J.S.A. 52:27D-437.4).
[Added 6-14-2023 by Ord.
No. 2023-04]
In accordance with N.J.S.A. 52:27D-437.19, the penalties for
a violation of this chapter shall be as follows:
a.
If a property owner has failed to conduct the required inspection
or initiate any remediation efforts, the owner shall be given 30 days
to cure the violation.
b.
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.
