[Adopted 9-7-2023 by Ord. No. 2023:22]
As used in this article 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.:
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 Township Code Enforcement Officer or designee.
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.
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 visual examination for deteriorated paint or visible surface
dust, debris, or residue.
All single-family, two-family, and multiple rental dwellings
must be inspected for lead-based paint hazards in accordance with
this article, except for the following:
A.
Dwellings constructed during or after 1978;
B.
Single-family and two-family dwellings that are rented out less than
six months per year;
C.
Dwellings that have been certified to be free of lead-based paint
pursuant to N.J.A.C. 5:17-3.16(b), either after an abatement is completed
or an evaluation has confirmed that there is no lead-based paint in
the dwelling;
D.
Multiple rental dwellings that have been registered with the Department
of Community Affairs for at least 10 years and have 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); and
E.
Dwellings with a valid lead-safe certificate issued pursuant to the
RLPIL (lead-safe certificates are valid for two years from the date
of issuance).
A.
Initial inspection. The owner shall have every dwelling unit, as
defined under this article, inspected for lead-based paint hazards
upon tenant turnover or within two years of the effective date of
P.L. 2021, c. 182, July 22, 2022, whichever is sooner.
B.
Subsequent inspection. After initial inspection, the owner shall
have all such dwelling units 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
dwelling unit owner has a valid lead-safe certification for the dwelling
unit.
C.
Coordination with the Municipal Inspector. Every owner of dwelling unit subject to this article shall be responsible for obtaining the required inspection and paying the applicable inspection fees, as provided in § 251-49. The owner must give the Municipal Inspector at least 30 calendars days' notice of the scheduled tenant turnover to schedule the required inspection.
(1)
Option for inspection performed by a licensed lead inspector/risk
assessor or contractor. If an owner so chooses, a dwelling unit owner
may directly hire a lead evaluation contractor to conduct the periodic
lead-based paint inspections for lead-based paint. Inspections shall
be performed consistent with this article.
(2)
The municipality shall have the authority to conduct inspections
or investigations of owners that directly hire lead evaluation contractors
to ensure that periodic lead-based paint inspections are being performed,
in accordance with this article.
(3)
The municipality shall have the authority to prohibit an owner from
directly hiring a lead evaluation contractor to conduct a periodic
lead-based paint inspection in the following situations:
D.
Inspections shall be conducted pursuant to N.J.A.C. 5:28A-2.3.
If no lead-based paint hazards are identified upon inspection,
the Municipal Inspector or a hired 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 informed the Township
of the results.
A.
If lead-based paint hazards are identified upon inspection, the inspector
shall notify the Department of Community Affairs for review of the
findings, in accordance with the Lead Hazard Control Assistance Act.
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 owner of a dwelling that is subject to this article shall provide
the tenant and Township 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
Township of all tenant turnover activity to ensure any required inspection
may be scheduled. The owner must provide thirty-day notice to the
Municipal Inspector to coordinate the necessary inspection.
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.
Prior to inspection, the owner must pay two fees to the Township:
A.
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 an owner's failure to comply with this article.
B.
The owner shall be given a period of 30 days to cure any violation
by conducting the required inspection or initiating any required remediation
efforts.
C.
If the owner has not cured the violation after 30 days, the owner
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.
(1)
Remediation efforts shall be considered to be initiated when the
owner has hired a lead abatement contractor or other qualified party
to perform lead-hazard control methods.
