[Adopted 4-17-2024 by Ord. No. 16-2024]
For the 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-437.1 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).
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 dwelling has been certified to have no lead-based paint
or has undergone lead abatement, in accordance with N.J.A.C. 5:17.
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.
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.
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.
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 article, 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.
The time at which all existing occupants vacate a dwelling
unit and all new tenants move into the dwelling unit.
A visual examination by a person that is certified to perform
visual assessments 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 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-437.16c, 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.
(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-437.16d.
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-437.16e, property owners shall:
(1)
Provide evidence of a valid lead-safe certification and the
most recent tenant turnover to the City of Atlantic City 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 include:
(1)
The fee for the filing of a lead-safe certification provided
to the City or lead-free certification shall be $25 per unit.
(2)
In accordance with N.J.S.A. 52:27D-437.16h, an additional fee
of $20 per dwelling unit inspected by the owner's private lead
inspector shall be assessed for the purposes of the Lead Hazard Control
Assistance Act[1] 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.
[1]
Editor's Note: See 52:27D-437.1 et seq.
In accordance with N.J.S.A. 52:27D-437.19, the penalties for
a violation of this article 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.
All ordinances and parts of ordinances in conflict with this
article are hereby repealed.
To the extent that any part or parts of this article are repealed
or otherwise modified or voided by state statute or case law, the
remaining portions or sections of this article shall remain in full
force and effect. If any section, sentence, or any part of this article
is adjudged, unconstitutional or invalid by a court of competent jurisdiction,
such judgment shall not affect, impair or invalidate the remainder
of this article, but shall be confined in its effect to the section,
sentence or other part of this article directly involved in the controversy
in which judgment shall have been rendered.
This article shall take effect after final passage and publication
as provided by law.
