Borough of Haddon Heights, NJ Chapter 152 Lead-Based Paint

[HISTORY: Adopted by the Mayor and Council of the Borough of Haddon Heights 8-2-2023 by Ord. No. 1532. Amendments noted where applicable.]

§ 152-1 General provisions.

A. Annually, on or before January 1, all owners of a residential rental unit within the Borough, or upon change in occupancy of a residential rental unit, shall present to the Borough Fire Official notice of the last tenant turnover date, as well as a valid lead-based paint evaluation report prepared by a NJ Department of Community Affairs (DCA) certified lead evaluation contractor as defined in P.L. 2021, c. 182. Should the owner fail to provide such a report within 30 days of filing, the Borough shall have said inspection performed by the Borough's designated lead evaluation contractor (DCA certified) with the cost for same to be assessed against the landlord and payable to the Borough of Haddon Heights.

B. Should the evaluation report identify lead-based hazards, then the owner shall remediate the hazards through abatement or lead-based hazard control mechanisms. The remediation shall be confirmed through a subsequent lead-based hazard inspection. The identification of a lead-based hazard will result in the Borough, or the inspector retained to conduct such inspections, providing notification of same to the Commissioner of the Department of Community Affairs.

C. No residential rental unit shall be occupied until a valid lead-based paint evaluation report prepared by a certified lead evaluation contractor as defined in P.L. 2021, c. 182 is provided or obtained by the Borough pursuant to Subsection A above. Further, if the evaluation report identifies lead-based hazards, such residential rental unit shall not be occupied until remediation is deemed complete by the Borough pursuant to Subsection B above.

D. The provisions of this section do not apply to properties exempt under P.L. 2021, c. 182, specifically properties that:

(1) Have been certified to be free of lead-based paint.

(2) Were constructed during or after 1978.

(3) Are located 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 (C.55:13A-1 et seq.).

(4) Are 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.

(5) Have a valid lead-safe certification issued in accordance with P.L. 2021, c. 182.

E. Borough certified lead evaluation contractor, lead safe inspection fee:

(1) One-bedroom - $275.

(2) Two-bedroom - $300.

(3) Three-bedroom - $325.

(4) Four-bedroom - $350.

(5) +$25 additional fee for each bedroom.

(6) If a dust wipe fails, a return fee of $80 + $20 per wipe shall be assessed.

(7) The filing fee to file a lead safe certification or lead-free certification shall be $25.

(8) In accordance with N.J.S.A. 52:27D-437.16(h), an additional fee of $20 per dwelling unit inspected by the Borough's Lead Inspector or the owner and/or landlord's private lead inspector shall be assessed for the purposes of the Act, unless the owner and/or the landlord demonstrates that the Department of Community Affairs has already assessed an additional inspection fee of $20. The fees collected shall be deposited into the Lead Hazard Control Assistance Fund.