[Adopted 6-8-2023 by Ord. No. 11-2023]
The following definitions shall apply to this article.
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.
A certification which confirms that a lead-based paint inspection
was performed and that no lead-based paint exists in the dwelling
unit or that all lead-based paint hazards have been fully abated.
A person certified by the Department of Community Affairs
to perform lead inspection and risk assessment work pursuant to N.J.A.C.
5:17-1.1 et seq. 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 in
surfaces that would result in adverse human health effects.
A certification which confirms that a 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.
The time at which all existing occupants vacate a dwelling
unit and all new tenants move into the dwelling unit.
A visual examination for deteriorated paint or visible surface
dust, debris, or residue.
A person that is certified to perform a visual assessment.
A.
The property owner or landlord will directly hire a private lead
inspector who is certified to provide lead paint inspection services
by the Department of Community Affairs to perform the lead-based paint
inspection in accordance with N.J.S.A. 52:27D-437.16 et seq., as may
be amended from time to time.
B.
In accordance with N.J.S.A. 52:27D-437.16(c), 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)
Has been certified to be free of lead-based paint;
(2)
Was constructed during or after 1978;
(3)
Is 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.
N.J.S.A. 55:13A-1 et seq.
(4)
Is 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; or
(5)
Has a valid lead-safe certification issued in accordance with this
section.
C.
If lead-based paint hazards are identified, then the owner of the
dwelling shall remediate the hazards through abatement or lead-based
paint hazard control mechanisms in accordance with N.J.S.A. 52:27D-437.16(d).
Upon the remediation of the lead-based paint hazard, the owner's
private lead inspector shall conduct an additional inspection of the
unit to certify that the hazard no longer exists.
D.
If no lead-paint hazards are identified, the owner's private
lead inspector shall certify the dwelling as lead safe on a form prescribed
by the Department of Community Affairs, which shall be valid for two
years.
E.
In accordance with N.J.S.A. 52:27D-437.16(e), property owners shall:
(1)
Provide evidence of a valid lead-safe certification and the most
recent tenant turnover to the City of Egg Harbor at the time of the
cyclical inspection.
(2)
Provide evidence of a valid lead-safe certification to new tenants
of the property at the time of tenant turnover unless not required
to have had an inspection by a lead evaluation contractor pursuant
to this section and shall affix a copy of such certification as an
exhibit to the tenant's or tenants' lease.
(3)
Maintain a record of the lead-safe certification which shall include
the name or names of the unit's tenant or tenants if the inspection
was conducted during a period of tenancy, unless not required to have
had an inspection by a lead evaluation contractor pursuant to this
section.
F.
The fees for a lead-based paint inspection shall be as follows:
(1)
The fee for a visual inspection and dust wipe sampling is as follows
if performed by the City's lead inspector:
(a)
Visual inspection.
[3]
There may be times when a municipality is designated by the
DCA or other government agencies as high-risk community for lead-based
paint hazards in rental dwelling units requiring an elevated test,
termed "dust wipe sampling." A dust wipe sampling means a sample collected
by wiping a representative surface and tested in accordance with a
method approved by HUD. If the dust wipe sampling inspection is required
the following fees apply:
(b)
Dust wipe sampling inspection (assumes eight samples plus one
blank).
(2)
The fee for the filing of a lead-safe certification provided to the
City or lead-free certification shall be $25.
(3)
In accordance with N.J.S.A. 52:27D-437.16(h), an additional fee of
$20 per dwelling unit inspected by the City's lead inspector
or the owner's private lead inspector shall be assessed for the
purposes of the Lead Hazard Control Assistance Act unless the unit
owner demonstrates that the Department of Community Affairs has already
assessed an additional inspection fee of $20. The fees collected pursuant
to this subsection shall be deposited into the Lead Hazard Control
Assistance Fund.
In accordance with N.J.S.A. 52:27D-437.19 the penalties for a violation of § 213-24C and D shall be as follows:
A.
If a property owner has failed to conduct the required inspection
or initiate any remediation efforts, the owner shall be given 30 days
to cure the violation.
B.
If the property owner has not cured the violation after 30 days,
the property owner shall be subject to a penalty not to exceed $1,000
per week until the required inspection has been conducted or remediation
efforts have been initiated.
