[HISTORY: Adopted by the Borough Council of the Borough of
Medford Lakes 3-14-2024 by Ord. No. 706. Amendments noted where
applicable.]
To establish and regulate a Periodic Lead-Based Paint Inspection
program and registry, in accordance with N.J.S.A. 52:27D-437.16 and
437.19 and N.J.A.C. 5:28A-1 et seq. for single-family, two-family,
and multiple dwelling rental units except as exempted.
The following words and terms, when used in this chapter, shall
have the following meanings unless the context clearly indicates otherwise:
The Borough of Medford Lakes.
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 (HUD) and as conducted
pursuant to N.J.A.C. 5:28A-2.3.
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 set of measures designed to reduce temporarily human exposure
or likely exposure to lead-based paint hazards, including specialized
cleaning, repairs, maintenance, painting, temporary containment, ongoing
monitoring of lead-based paint hazards or potential hazards, and the
establishment and operation of management and resident education programs,
or the term as it is defined pursuant to 42 U.S.C. § 4851b
and the regulations adopted pursuant thereto.
A set of measures designed to permanently eliminate lead-based
paint hazards, in accordance with the standards established by the
Commissioner at N.J.A.C. 5:17.
A firm certified by the Department to perform remediation
through lead abatement or interim control work pursuant to N.J.A.C.
5:17.
An individual certified by the New Jersey Department of Health
to perform lead abatement or interim control work pursuant to N.J.A.C.
8:62.
A firm certified by the Department 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.
A dwelling has been certified to have no lead-based paint
or has undergone lead abatement, in accordance with N.J.A.C. 5:17.
An individual certified by the New Jersey Department of Health
to perform lead inspection and risk assessment work pursuant to N.J.A.C.
8:62. This includes the ability to perform dust wipe sampling.
A dwelling has been found to have no outstanding lead-based
paint hazards. It does not mean that the dwelling is certified to
be lead free.
Interim controls, as defined above.
Paint or other surface coating material that contains lead
in excess of 1.0 milligrams per centimeter squared or in excess of
0.5% by weight, or such other level, as may be established by federal
law.
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.
The certification issued pursuant to this chapter, which
confirms that a periodic 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, in accordance with
N.J.A.C. 5:28A-2.4.
Any building or structure and any land appurtenant thereto,
and any portion thereof, in which three or more dwelling units are
occupied or intended to be occupied by three or more persons living
independently of each other.
MULTIPLE DWELLINGAlso means any group of 10 or more buildings on a single parcel of land or on contiguous parcels under common ownership, in each of which two dwelling units are occupied, or intended to be occupied, by two persons or households living independently of each other, and any land appurtenant thereto, and any portion thereof.
MULTIPLE DWELLINGDoes not include those buildings and structures that are excluded pursuant to N.J.S.A. 55:13A-3(k).
The person or persons who own or purport to own, or exercise
control of any building or project in which there is rented or offered
for rent housing space for living or dwelling purposes under either
a written or oral lease. While the owner may designate responsibility
of this chapter onto one that exercises control over the property,
the owner is the ultimate responsible party.
The initial inspection of all applicable dwelling units at
the earlier of two years from the effective date of P.L. 2021, c.
182, July 22, 2022, or tenant turnover, and thereafter the earlier
of three years or upon Tenant Turnover, consistent with N.J.A.C. 5:28A-2.1,
for the purposes of identifying lead-based paint hazards in dwellings
subject to this chapter.
A local, municipal agency maintained for the purpose of conducting
inspections and enforcing laws, ordinances, and regulations concerning
buildings and structures within its jurisdiction. This may include
local building agencies, health agencies, and housing agencies. "Remediation"
means interim controls or lead abatement work undertaken in conformance
with this chapter 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 visual examination for deteriorated paint or visible surface
dust, debris, or residue, and as conducted pursuant to N.J.A.C. 5:28A-2.3.
A.
The owner, or his responsible designee, shall be responsible for
compliance with this chapter.
B.
This chapter applies to all rental single-family, two-family, and multiple dwelling units with the exception of those exempt pursuant to Subsection C below.
C.
The following rental dwelling units shall be exempt from the requirements
of this chapter and, thus, shall not be subject to periodic lead-based
paint inspection and evaluation for the presence of lead-based paint
hazards:
(1)
Dwelling units that were constructed during, or after, 1978;
(2)
Single-family and two-family seasonal rental dwelling units that
are rented for less than six months duration each year by tenants
that do not have consecutive lease renewals;
(3)
Dwelling units that have lead-free certification as defined herein;
(4)
Multiple dwelling rental units constructed prior to 1978 that have
been registered with the Department of Community Affairs for at least
10 years and have no outstanding paint violations from the most recent
cyclical inspection performed on the multiple dwelling pursuant to
the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq., and
N.J.A.C. 5:10.
(a)
All multiple dwelling rental units constructed prior to 1978
that have been registered with the Department of Community Affairs
for at least 10 years and that have a current certificate of inspection
issued by the Department of Community Affairs, Bureau of Housing Inspection,
shall be exempt from this chapter;
(b)
All multiple dwelling units constructed prior to 1978 that have
been registered with the Department for at least 10 years with open
inspections that have no violations for paint shall also be exempt
from this chapter; and
(5)
Dwellings with a valid lead-safe certification issued pursuant to
this chapter. Lead-safe certifications are valid for two years from
the date of issuance pursuant to N.J.A.C. 5:28A-2.4.
Unless exempted, the owner, or his responsible designee, shall be responsible to register the property, as described in § 142-1, on forms prepared by the Municipal Lead Inspector. At the time of initial registration, a one-time $25 registration fee shall be rendered payable to the Borough of Medford Lakes. This registration shall apply solely to compliance with the state-mandated inspections governed herein and shall not constitute a determination as to the legality of the rental, its zoning status, or any other legal status or determination.
A.
The initial inspection for all single-family, two-family, and multiple
dwelling units subject to this N.J.A.C. 5:28A et seq., and this chapter
shall be upon initial written advance notice but no later than July
22, 2024, whichever is sooner. Thereafter, all such dwelling units
shall be inspected for lead-based paint hazards every three years
or upon tenant turnover, whichever is earlier, except that an inspection
shall not be required at tenant turnover, if the owner, or his responsible
designee, has a valid lead-safe certification for the dwelling unit.
(1)
In all scenarios, the next periodic lead-based paint inspection shall
be counted from the most recent periodic lead-based paint inspection
that resulted in a valid lead-safe certification.
B.
The Borough shall appoint a Municipal Lead Inspector to conduct periodic
lead-based paint inspections pursuant to N.J.A.C. 5:28A et seq., and
this chapter. Qualifications shall be determined in accordance with
applicable state laws or rules.
C.
The Municipal Lead Inspector shall be responsible for inspecting every single-family, two-family, and multiple dwelling units subject to N.J.A.C. 5:28A et seq., and this chapter for lead-based paint hazards, except pursuant to Subsection D below. Inspections shall be performed on the time table set forth at Subsection A above.
D.
The Borough shall permit, if an owner, or his responsible designee, so chooses, an owner, or his responsible designee, to directly hire a Lead Evaluation Contractor to conduct the periodic lead-based paint inspections for lead-based paint. Inspections shall be performed on the time table set forth at Subsection A above.
(1)
The Municipal Lead Inspector shall have the authority to conduct
inspections or investigations of an owner, or his responsible designee,
that directly hire Lead Evaluation Contractors to ensure that periodic
lead-based paint inspections are being performed in accordance with
N.J.A.C. 5:28A et seq., and this chapter.
E.
The municipality shall exercise appropriate oversight of an owner,
or his responsible designee, that chooses to hire a Lead Evaluation
Contractor to perform the periodic lead-based paint inspection.
(1)
The Municipal Lead Inspector shall have the authority to prohibit
an owner, or his responsible designee, from directly hiring a Lead
Evaluation Contractor to conduct a periodic lead-based paint inspection
in the following situations:
(a)
An owner or landlord, who previously opted to hire a Lead Evaluation
Contractor to perform the periodic lead-based paint inspection, failed
to have the inspection completed; or
(b)
The Municipal Lead Inspector determines there is a conflict
of interest between the owner or landlord and their Lead Evaluation
Contractor of choice.
F.
Unless found otherwise to be necessary, inspections will be by way
of visual assessment and conducted in accordance with N.J.A.C. 5:28A-2.3.
(1)
For a visual assessment, the Municipal Lead Inspector or Lead Evaluation
Contractor shall examine dwellings, in accordance with HUD guidelines
and regulations at 42 U.S.C. § 4851b for deteriorated paint
or visible surface dust, debris, or residue on all painted building
components, especially any walls, window, trim, and surfaces that
experience friction or impact.
(2)
For dust wipe sampling, if found to be necessary, the Municipal Lead
Inspector or Lead Evaluation Contractor shall collect samples by wiping
representative surfaces, including floors, interior windowsills, and
other similar surfaces and test the samples in accordance with methods
approved by HUD.
A.
Pursuant to N.J.S.A. 52:27D-437.16(5) and N.J.A.C. 5:28A-2.2, the
Municipal Lead Inspector shall charge the owner, or his responsible
designee, a fee sufficient to cover the cost of the inspection; and
all fees shall be solely dedicated to meeting the costs of implementing
and enforcing this chapter and shall not be used for any other purpose.
The following fees are hereby established:
(2)
Preparation of lead-safe certificate: $30.
(3)
Secondary visual inspection due to failed initial inspection: $150.
(4)
Dust wipe if necessary: $55.
(5)
Paint chip testing if necessary: $55.
(6)
Lead-based paint testing with XRF Spectrometer if requested: $700.
(7)
Lead-based paint testing of soil if necessary: $65.
B.
Pursuant to N.J.S.A. 52:27D-437.16g, the Municipal Lead Inspector
shall collect an additional fee of $20 per unit inspected by a Municipal
Lead Inspector or Certified Lead Evaluation Contractor in accordance
with the "Lead Hazard Control Assistance Act," unless the owner, or
his responsible designee, 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).
In a common interest community, any inspection fee charged pursuant
to this subsection shall be the responsibility of the unit owner,
or his responsible designee, 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).
A.
If, following inspection, the Municipal Lead Inspector or Lead Evaluation
Contractor finds that no lead-based paint hazard exists in a dwelling
unit, said inspector or contractor shall certify the dwelling unit
as lead-safe on the form prepared by the Borough and in conformance
with the form proscribed by New Jersey Department of Community Affairs.
(1)
The lead-safe certification shall be valid for a period of two years
from the date of issuance.
(a)
If, during the two-year certification period, the Municipal
Lead Inspector, Lead Evaluation Contractor, Lead Inspector/Risk Assessor,
a local health department conducts an independent inspection or risk
assessment and determines that there is a lead-based paint hazard,
the lead-safe certification issued pursuant to this chapter shall
be invalid. A periodic lead-based paint inspection shall be scheduled
upon the conclusion of remediation, in accordance with N.J.A.C. 5:28A-2.5(e).
(b)
Where a Lead Evaluation Contractor, Lead Inspector/Risk Assessor,
or local health department determines that there is a lead-based paint
hazard, the inspector or agency shall inform the Municipal Lead Inspector
of the results of the inspection.
(c)
The lead-safe certification shall not exempt the unit from any
other law that would require a lead inspection/risk assessment.
(2)
A copy of the lead-safe certification shall be provided to the owner,
or his responsible designee, of the dwelling. If a Lead Evaluation
Contractor issues the lead-safe certification, a copy shall also be
provided to the Municipal Lead Inspector at the time it is issued.
B.
If a Lead Evaluation Contractor finds that a lead-based paint hazard
exists in a dwelling unit, they shall notify the Municipal Lead Inspector
and New Jersey Department of Community Affairs for review of the findings,
in accordance with the Lead Hazard Control Assistance Act.
(1)
If a periodic 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 Municipal Lead Inspector or Lead Evaluation
Contractor shall inspect the remainder of the building's dwelling
units, with the exception of those dwelling units that have been issued
a valid lead-free or lead-safe certification.
C.
The owner, or his responsible designee, of the dwelling unit shall
be responsible for remediation of the lead-based paint hazard. Remediation
must be conducted consistent with the requirements at N.J.A.C. 5:28A-2.5.
A.
The owner, or his responsible designee, of a dwelling that is subject
to this chapter shall provide to the tenant and to the Municipal Lead
Inspector evidence of a valid lead-safe certification obtained pursuant
to this chapter at the time of tenant turnover. The owner, or his
responsible designee, shall also affix a copy of any such certification
as an exhibit to the tenant's lease.
B.
The owner, or his responsible designee, of a multiple dwelling that
is subject to this chapter shall provide evidence of a valid lead-safe
certification obtained pursuant to this chapter, 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 chapter 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, or his responsible designee, of any dwelling subject to
this chapter shall inform the Municipal Lead Inspector of all tenant
turnover activity to ensure any required inspection may be scheduled.
E.
The owner, or his responsible designee, of a dwelling shall provide
a copy of this chapter, 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.
The Municipal Lead Inspector shall maintain a record of all dwellings
subject to this chapter, which shall include up-to-date information
on inspection schedules, inspection results, and tenant turnover.
B.
The Municipal Lead Inspector shall maintain a record of all lead-safe
certifications issued pursuant to this chapter.
(1)
Where an owner, or his responsible designee, hires a Lead Evaluation
Contractor to perform inspections for its dwelling, the Lead Evaluation
Contractor shall provide a copy of the lead-safe certification to
the Municipal Lead Inspector.
C.
The Municipal Lead Inspector shall maintain a record of all lead-free
certifications issued pursuant to N.J.A.C. 5:17.
A.
The Municipal Lead Inspector shall be authorized to conduct investigations
and issue penalties in order to enforce an owner's failure to
comply with this chapter.
(1)
The owner, or his responsible designee, of the dwelling shall first
be given a period of 30 days to cure any violation by conducting the
required inspection or initiating any required remediation efforts.
(2)
If the owner, or his responsible designee, 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.
Remediation efforts shall be considered to be initiated when the owner,
or his responsible designee, has hired a Lead Abatement Contractor
or other qualified party to perform lead-hazard control methods.
