[Added 12-28-2023 by Ord. No. 2023-17]
The purpose of this article is to implement the requirements
of P.L. 2021, c. 182 (N.J.S.A. 52:27D-437.16 et seq.) (the "Act"),
which establishes inspection requirements for lead-based paint hazards
in certain residential rental properties. In the event of a conflict
between the requirements of this article and the requirements of the
Act (as same may be hereafter amended from time to time), the provisions
of the Act shall prevail.
For purposes of this article only, the following words and terms
shall have the meanings set forth below, in accordance with N.J.S.A.
52:27D-437.16 and N.J.A.C. 5:28A-1.1 et seq.:
The Construction Official or his/her designee, or any enforcement
officer appointed by the Borough of Seaside Park pursuant to N.J.S.A.
40:48-2.3 et seq., or any other statutory authorization, to perform
inspections of any buildings or other code, or any enforcement officer
authorized to enforce the Borough's Rental Property Code, Property
Maintenance Code, Construction Code, or his/her designee.
A building containing a room or rooms, or suite, apartment,
unit, or space that is rented and occupied, or 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 firm certified by the 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.
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.
The certificate 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.
Interim controls or lead abatement work undertaken in conformance
with this article 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.
A.
Inspection performed by Borough Inspector. The owner, landlord, and/or
agent of every single-family, two-family and/or multiple-dwelling
unit 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 Act, July 2, 2022, or at tenant turnover, whichever is
earlier. To obtain the required inspection, the landlord, owner and/or
agent shall arrange the inspection with the Borough Inspector and
pay all applicable and required fees associated with the Borough's
inspection as specified in this section.
B.
Option for inspection performed by licensed lead evaluation contractor.
(1)
A dwelling landlord, owner and/or agent may directly hire a lead
evaluation contractor who is certified to provide lead paint inspection
services by the Department of Community Affairs to satisfy the requirements
of this article and the requirements of N.J.S.A. 52:27-437.16 and
N.J.A.C. 5:28A-1.1 et seq.
(2)
Notwithstanding this option, the Borough retains the authority to
prohibit an owner from directly hiring a lead evaluation contractor
to conduct a periodic lead-based paint inspection where:
C.
Standards. Inspections 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.
A.
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)
Was constructed during or after 1978;
(2)
Is a single-family or two-family seasonal rental dwelling units that
is rented for less than six months' duration each year by tenants
that do not have consecutive lease renewals;
(3)
Has been certified to be free of lead-based paint, pursuant to N.J.A.C.
5:17;
(4)
Is in a multiple dwelling that was constructed prior to 1978 and
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 either:
(a)
No outstanding paint 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.);
or
(b)
A current certificate of inspection issued by the Department
of Community Affairs, Bureau of Housing Inspection; or
(c)
An open inspection with no violations for paint;
(5)
Has a valid lead-safe certification issued pursuant to N.J.A.C. 5:28A.
Lead-safe certifications are valid for two years from the date of
issuance pursuant to N.J.A.C. 5:28A-2.4.
A.
The initial inspection for all single-family, two-family and multiple
dwellings subject to the requirements of this article shall take place
upon tenant turnover, or within two years of the effective date of
P.L. 2021, c. 182 (July 22, 2022),[1] whichever occurs sooner.
[1]
Editor's Note: See N.J.S.A. 52:27D-437.16 et seq.
B.
Thereafter, all such units shall be inspected for lead-based paint
hazards the earlier of every three years or upon tenant turnover,
except that an inspection upon tenant turnover shall not be required
if the owner has a valid lead-safe certification issued pursuant to
this article.
C.
Each subsequent period lead-based paint inspection shall be counted
from the most recent inspection that resulted in a valid lead-safe
certification.
Whenever any multiple-dwelling unit is scheduled for a tenant
turnover, the then-current landlord, owner and/or agent shall provide
written notice to the Borough Inspector that an inspection is needed
at least 20 calendar days prior to the scheduled date of the tenant
turnover.
(Reserved)
All inspections and reinspections shall take place within 15
calendar days of the requested inspection. Inspection fees shall be
paid prior to the inspection. No inspections or reinspections shall
take place unless all fees are paid. Scheduled inspections or reinspections
may be canceled by the Borough Inspector, unless the completed application
and required fees have been received by the Borough at least 24 hours
prior to the scheduled inspection, or on the last working day prior
to the scheduled inspection. Every inspection for which the landlord,
tenant, owner or agent has failed to provide access for inspection
shall be deemed a failed inspection.
A.
If, following inspection, the Borough Inspector or lead evaluation
contractor finds that no lead-based paint hazard exists in a dwelling
unit, they shall certify the dwelling unit as lead-safe on the form
prescribed by the Department of Community Affairs and supply a copy
of the lead-safe certification to the landlord, owner, and/or agent
of the dwelling. If a licensed lead evaluation contractor issues the
lead-safe certification, a copy shall also be provided to the Borough
Inspector and the Borough Clerk at the time it is issued.
B.
The lead-safe certification shall be valid for a period of two years
from the date of issuance, unless during the two-year certification
period, a lead evaluation contractor, lead inspector/risk assessor,
a local health department, or a public agency conducts an independent
inspection or risk assessment and determines that there is a lead-based
paint hazard, in which case, the certification shall become invalid.
A.
If the Borough Inspector or licensed lead evaluation contractor finds
that a lead-based paint hazard exists in a dwelling unit, they shall
notify the New Jersey State Department of Community Affairs, Division
of Local Government Services, for review of the findings, in accordance
with the Lead Hazard Control Assistance Act.[1]
[1]
Editor's Note: See N.J.S.A. 52:27D-437.1 et seq.
B.
If a lead-based paint hazard is identified in an inspection of one
of the dwelling units in a building consisting of two or more dwelling
units, then the lead contractor or Borough Inspector shall inspect
the remainder of the building's dwelling units, with the exception
of those dwelling units that have been certified to be free of lead-based
paint or which have a valid lead-safe certification.
C.
The owner of the dwelling unit shall be responsible for remediation
of the lead-based paint hazard. Remediation and any reinspections
required following remediation must be conducted consistent with N.J.A.C.
5:28A-2.5. Documentation of such remediation shall be provided to
the Borough Inspector.
A.
The landlord, owner and/or agent of a dwelling that is subject to
this article shall provide to the tenant and to the Borough evidence
of a valid lead-safe certification obtained pursuant to this article
at the time of tenant turnover. The owner shall also affix a copy
of any such certification as an exhibit to the tenant's lease.
B.
The owner of a multiple dwelling that is subject to this article
shall provide evidence of a valid lead-safe certification obtained
pursuant to this article, as well as evidence of the most recent tenant
turnover, at the time of any cyclical inspection performed pursuant
to the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq.
C.
The owner of a dwelling that is subject to this article shall maintain
a record of the lead-safe certification, which shall include the name
or names of a unit's tenants, if the inspection was conducted
during a period of tenancy.
D.
The owner of any dwelling subject to this article shall inform the
Borough of all tenant turnover activity to ensure any required inspection
may be scheduled.
E.
The owner of a dwelling shall provide a copy of this article, and
any lead-safe certifications issued pursuant thereto, along with the
accompanying guidance document, "Lead-Based Paint in Rental Dwellings,"
to any prospective owners of the dwelling during a real estate transaction,
settlement, or closing.
A.
Pursuant to N.J.A.C. 5:28A-2.1(d), the Borough Inspector 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.
Pursuant to N.J.A.C. 5:28A-3.2, the Borough Inspector shall maintain
a record of all dwellings subject to this article, which includes
up-to-date information on inspection schedules, inspection results,
and tenant turnover; all lead-safe certifications issued; and all
lead-free certifications issued.
A.
Pursuant to N.J.S.A. 52:27D-437.16 and N.J.A.C. 5:28A-4.1, the Borough
Inspector is authorized to conduct investigations and issue penalties
in order to enforce a multiple-dwelling landlord's, owner's
and/or agent's failure to comply with this article.
B.
The owner of the dwelling shall first be given a period of 30 calendar
days to cure any violation by conducting the required inspection or
initiating any required remediation efforts.
C.
If the owner of the dwelling has not cured the violation within that
time period, they shall be subject to a penalty, not to exceed $1,000
per week, until the required inspection has been conducted or the
remediation efforts have been initiated.
D.
Remediation efforts shall be considered to be initiated when the
dwelling owner has hired a lead abatement contractor or other qualified
party to perform lead hazard control methods.
