[HISTORY: Adopted by the Mayor and Council
of the Borough of Branchville as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-1-2023 by Ord. No. 07-2023[1]]
[1]
Editor's Note: This article was originally specified to be
added as Chapter 145 but was renumbered to maintain the organization
of the Code.
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-437.6 and N.J.A.C. 5:28A-1.1 et seq.:
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.
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).
The Borough Construction Official or designee, or any enforcement
officer appointed by the municipality pursuant to N.J.S.A. 40:48-2.3
et seq., or any other statutory authorization, to perform inspections
of any building.
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 article.
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.
Inspections authorized. The Municipal Inspector shall be authorized
and empowered to conduct periodic lead-based paint inspections for
all applicable multiple dwelling units offered for rent to determine
the presence of lead-based paint, in accordance with N.J.S.A. 52:27D-437.6
and N.J.A.C. 5:28A-1.1 et seq.
B.
Certain multiple dwelling units exempted from lead-based paint inspection.
Inspections for lead-based paint in multiple 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. 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.);
(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.
Inspection performed by Municipal 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 as required in this article, or at tenant turnover, whichever is earlier. To obtain the required inspection, the landlord, owner and/or agent shall arrange it with the Municipal Inspector and pay all applicable and required fees associated with the municipality's inspection as specified in § 94A-6, below.
B.
Option for inspection performed by licensed lead evaluation contractor.
A dwelling unit owner or landlord may opt, instead, to directly hire
a licensed lead evaluation contractor to conduct the periodic lead-based
paint inspections for lead-based paint as required in this article.
Notwithstanding this option, the municipality retains the authority
to conduct inspections or investigations of landlords or owners that
directly hire lead evaluation contractors to ensure that periodic
lead-based paint inspections are being performed in accordance with
this article. The municipality also retains the authority to prohibit
an owner from directly hiring a lead evaluation contractor to conduct
a periodic lead-based paint inspection where:
A.
The initial inspection for all single-family, two-family and multiple
dwellings subject to 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), whichever occurs sooner.
B.
After initial inspection, all such dwelling units shall be inspected
for lead-based paint hazards each time there is tenant turnover, or
at least once every three years, whichever occurs earlier. However,
if the dwelling unit owner has obtained a valid lead-safe certification
for the dwelling unit, then inspection of that dwelling unit shall
not be required at each tenant turnover during the two-year period
the certificate is valid.
C.
Each subsequent periodic lead-based paint inspection shall be counted
from the most recent inspection which 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 Municipal Inspector that an inspection is needed
at least 20 calendar days prior to the scheduled date of the tenant
turnover.
A.
Fees associated with lead-paint inspections by the Municipal Inspector
shall be as follows:
|
Type of Property/Inspection
|
Cost of Visual Lead Inspection
|
|---|---|
|
2 bedrooms or fewer
|
$80
|
|
3 bedrooms
|
$105
|
|
4 bedrooms
|
$130
|
|
5 or more bedrooms
|
$155
|
|
Reinspection of any size/type of property
|
$60
|
B.
An additional fee of $20 shall be assessed in accordance with N.J.S.A.
52:27D-437.6 and N.J.A.C. 5:28A-2.2, to be deposited into the Lead
Hazard Control Assistance Act Fund under the administration of the
New Jersey State Department of Community Affairs.
C.
All fees are nonrefundable unless the applicant cancels the requested
inspection at least 48 hours prior to the time of the scheduled inspection.
The fees set forth above shall be dedicated to meeting the costs of
implementing and enforcing this article for lead-based paint inspections
and shall not be used for any other purpose.
D.
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. 52:27D-437.6 and
N.J.A.C. 5:28A-1.1 et seq., in which case, the $20 fee shall be assessed
in accordance with N.J.S.A. 52:27D-437.6 and N.J.A.C. 5:28A-2.2, payable
to the municipality, to be deposited into the Lead Hazard Control
Assistance Act Fund under the administration of the New Jersey State
Department of Community Affairs, but no additional lead-based paint
inspection fee shall be charged by the municipality.
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 Municipal Inspector, unless the completed application
and required fees have been received by the municipality 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.
At the time of the enactment of P.L. 2021, c.182 (N.J.S.A. 52:27D-437.6),
the Department of Community Affairs identified Princeton as a municipality
in which less than 3% of children tested, six years of age or younger,
have a blood lead level greater than or equal to five ug/dL according
to the central lead screening database maintained by the New Jersey
Department of Health. Accordingly, the Municipal Inspector or licensed
lead evaluation contractor shall perform the periodic lead-based paint
inspection through a visual assessment, in which the Municipal Inspector
or contractor is to 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. The Municipal Inspector or licensed
lead evaluation contractor may also elect to, but is not required
to, collect samples by dust wiping surfaces, including floors, interior
window sills, and other similar surfaces, and tested, in accordance
with methods approved by the State of New Jersey and/or the HUD.
B.
If, in the future, the Department of Community Affairs designates
the municipality as a municipality in which at least 3% of children
tested, six years of age or younger, have a blood lead level greater
than or equal to five ug/dL according to the central lead screening
database maintained by the New Jersey Department of Health, then the
inspections required by this article shall be performed through dust
wipe sampling instead of visual assessment alone.
A.
If, following inspection, the Municipal 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 Municipal
Inspector and the Municipal 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 Municipal 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 Municipal 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.
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 Municipal 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 municipality 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
municipality 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 Municipal 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 Municipal 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.
C.
Pursuant to N.J.S.A. 52:27D-437.6 and N.J.A.C. 5:28A-4.1, the Municipal
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.
D.
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.
E.
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.
F.
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.
Any article, section, paragraph, subsection, clause, or other
provision of the Code of the Borough of Branchville inconsistent with
the provisions of this article is hereby repealed to the extent of
such inconsistency.
If any section, paragraph, subsection, clause, or provision
of this article shall be adjudged by a court of competent jurisdiction
to be invalid, such adjudication shall apply only to the section,
paragraph, subsection, clause, or provision so adjudged, and the remainder
of this article shall be deemed valid and effective.
This article shall take effect upon its passage and publication
and as otherwise provided for by law.
