[HISTORY: Adopted by the Township Council of the Township
of West Milford as indicated in article histories. Amendments noted
where applicable.]
[Adopted 12-13-2023 by Ord. No. 2023-030]
The following definitions shall apply to this article:
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 owner's association that provides services or facilities
to the community.
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.
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.
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.
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.
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.
The time at which all existing occupants vacate a dwelling
unit and all new tenants move into the dwelling unit.
A visual examination for deteriorated paint or visible surface
dust, debris, or residue.
A person that is certified to perform a visual assessment.
A.
All residential rental dwelling units required to be inspected under
state law must initially be inspected for lead-based paint hazards
upon tenant turnover, but the first inspection must take place no
later than July 22, 2024, in the event there has been no tenant turnover
before that date.
B.
After the initial inspection, all units required to be inspected
shall be inspected for lead-based paint hazards every three years,
or upon tenant turnover, whichever is earlier. An inspection upon
tenant turnover is not required if the owner has a valid lead-safe
certificate. Lead-safe certificates are valid for two years. If the
lead-safe certificate has expired, and there will be a tenant turnover,
an inspection will be necessary before the three-year inspection.
A.
Owners/landlords of all dwellings subject to the inspection requirements
under this section shall register their unit(s) with the Township
Clerk and also provide the Township with up-to-date information on
inspection schedules, inspection results, and tenant turnover.
B.
An owner/landlord shall provide the Township with a copy of any lead-safe
certification issued by a lead evaluation contractor.
C.
An owner/landlord shall provide the Township with a copy of any lead-free
certification issued pursuant to N.J.A.C. 5:17 for their unit(s).
A.
A lead inspector or visual assessor shall inspect every single-family,
two-family, and multiple rental dwelling located within the municipality
for lead-based paint hazards through visual assessment and dust wipe
sampling in accordance with N.J.S.A. 52:27D-437.16 et seq., as may
be amended from time to time.
B.
The property owner or landlord may, in lieu of having the dwelling
inspected by the municipality's lead inspector, directly hire
a private lead inspector 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-437.16 et seq.,
as may be amended from time to time.
C.
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 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;[1]
[1]
Editor's Note: See 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.
If lead-based paint hazards are identified, then the owner 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 municipality's
lead inspector or visual assessor, as may be applicable, or the owner's
private lead inspector, shall conduct an additional inspection of
the unit to certify that the hazard no longer exists.
E.
If no lead-based paint hazards are identified then the municipality's
lead inspector or the owner's private lead inspector 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.
In accordance with N.J.S.A. 52:27D-437.16e, property owners shall:
(1)
Provide evidence of a valid lead-safe certification and the most
recent tenant turnover to the municipality at the time of the cyclical
inspection.
(2)
Provide evidence of a valid lead-safe certification to new tenants
of the property at the time of tenant turnover and shall affix a copy
of such certification as an exhibit to the tenant's or tenants'
lease.
(3)
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.
In accordance with N.J.S.A. 52:27D-437.19, the penalties for
a violation of this article 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.
