[Adopted 2-13-2024 by Ord. No. O-24-01]
The Township Council, in accordance with the State of New Jersey,
hereby determines that the health risks associated with lead-based
paint pose a danger to the general welfare and health of the community.
Dwellings that were constructed prior to 1978 are one of the biggest
sources of lead exposure for children.
The purpose of this article is to conform with New Jersey Public Law 2021, Chapter 182, (N.J.S.A. 52:27D-437.16 et seq.), and protect the health of the residents of Montclair by establishing requirements to disclose the presence of any potentially dangerous lead paint found at the time of inspection to any proposed occupants of the premises. Disclosure will allow those occupants to make informed judgments to protect vulnerable occupants against the hazards of lead paint. Lead paint is especially dangerous to children as it can impact the growth and development of a child's brain and central nervous system.
This article shall apply to all rental one-family, two-family, and multifamily buildings and each individual dwelling unit unless exempted by § 190-38.
As used in this article, the following terms shall have the
meanings indicated:
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.
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.
An inspector that is certified to perform a visual assessment.
A.
A lead inspector for the Township of Montclair shall inspect certain
single-family, two-family, and multifamily rental dwellings located
in the Township of Montclair for lead-based paint hazards through
visual assessment in accordance with N.J.S.A. 52:27D-437.16 et seq.
B.
The owner or occupant of every dwelling or dwelling unit or the person
in charge thereof shall give such officers free access to such dwelling,
dwelling unit, and its premises at all reasonable times for the purpose
of such inspection, examination, and survey.
C.
The property owner or landlord may, in lieu of having the dwelling
inspected by the Township's lead inspector, directly hire a private
lead inspector who is certified to provide lead paint inspection services
by the State of New Jersey Department of Community Affairs to perform
the lead-based paint inspection in accordance with N.J.S.A. 52:27D-437.16
et seq.
A.
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 Township'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.
B.
If no lead-based paint hazards are identified, then the Township's
lead inspector or the owner's private lead inspector shall certify
the dwelling as lead-safe on a form prescribed by the State of New
Jersey Department of Community Affairs, which shall be valid for two
years.
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 meets one of the following exemptions:
A.
Dwellings that were constructed during or after 1978.
B.
Single-family and two-family seasonal rental dwellings which are
rented for less than six months' duration each year by tenants
that do not have consecutive lease renewals. This exemption for seasonal
rental dwellings does not extend to seasonal multiple dwellings.
C.
Dwellings that have been certified to be free of lead-based paint
pursuant to N.J.A.C. 5:17-3.6(b) either after an abatement is completed
or an evaluation has confirmed that there is no lead-based paint in
the dwelling.
D.
Multiple rental dwellings that have been registered with the Department
of Community Affairs for at least 10 years and have 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).
A.
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 Township of Montclair 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.
B.
The fees for a lead-based paint inspection shall be as follows:
(1)
The fee for visual assessments performed by the Township of Montclair
shall be $80 for a dwelling unit.
(2)
The fee for the filing of a lead-safe certification or lead-free
certification shall be $20.
(3)
In accordance with N.J.S.A. 52:27D-437.16h, an additional fee of
$20 per dwelling unit inspected by the Township's lead inspector
or the owner's private lead inspector shall be assessed for the
purposes of the Lead Hazard Control Assistance Act[1], unless the unit 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.
[1]
Editor's Note: See N.J.S.A. 52:27D-437.1 et seq.
(4)
In a common interest community, any inspection fee charged shall
be the responsibility of the unit owner and not the homeowners'
association, unless the association is the owner of the unit.
All identified lead-based paint hazards will result in a violation
issued to the owner or person/persons having control of the property.
The violation shall be served in writing and issued by regular and
certified mail. The violation shall provide an abatement period of
30 days. If the dwelling owner has not cured the violation within
30 days, the 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.
