As used in this chapter only, the following terms shall have
the meanings indicated, in accordance with P.L. 2021, c. 182 (N.J.S.A.
52:27D-437.16 et seq.) and N.J.A.C. 5:28A-1.1 et seq.:
DWELLING
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.
DWELLING UNIT
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.
MULTIPLE DWELLING
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 dwelling" also 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 dwelling" does not include those
buildings and structures that are excluded pursuant to N.J.S.A. 55:13A-3(k).
OWNER
Any person who owns, purports to own or is properly authorized
to exercise powers of or for an owner of property used as a dwelling
unit, which shall include the owner, landlord, and/or agent of every
single-family, two-family, and/or multiple dwelling unit for rental.
PERIODIC LEAD-BASED PAINT INSPECTION
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) (N.J.S.A. 52:27D-437.6), 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.
REMEDIATION
Interim controls or lead abatement work undertaken in conformance
with this chapter to address lead-based paint hazards.
TENANT TURNOVER
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.
If no lead-based paint hazards are identified upon inspection,
the municipal inspector or hired a licensed lead inspector/risk assessor
or contractor shall certify the dwelling as lead-safe on the form
prescribed from the Department of Community Affairs. A lead-safe certificate
shall be valid for two years from the date of issuance. A copy of
the lead-safe certificate shall be filed with the Township Code Enforcement
Officer. If the inspection is performed by a hired licensed lead inspector/risk
assessor or contractor, said inspector shall inform the Township of
the results.
The owner of the dwelling unit shall be responsible for remediation
of the lead-based paint hazard. Remediation and any re-inspections
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 municipal inspector.