[HISTORY: Adopted by the Township Council
of the Township of Burlington 8-8-2023 by Ord. No. 2023-OR-028. Amendments noted
where applicable.]
In addition to the definitions set forth hereinafter, the regulations
in N.J.A.C. 5:28A-1.2 are incorporated herein.
The Commissioner of the Department of Community Affairs.
The Department of Community Affairs.
The Director of the Department of Licensing and Inspection
or the Director's designee.
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.
A set of measures designed to reduce temporarily human exposure
or likely exposure to lead-based paint hazards, including specialized
cleaning, repairs, maintenance, painting, temporary containment, ongoing
monitoring of lead-based paint hazards or potential hazards, and the
establishment and operation of management and resident education programs,
or the term as it is defined pursuant to 42 U.S.C. § 4851b
and the regulations adopted pursuant thereto.
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.
That 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.
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.
That 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.
The certification issued pursuant to this chapter, 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.
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. It 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 initial inspection of all applicable dwelling units at
the earlier of two years from July 22, 2022, 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.
Interim controls or lead abatement work undertaken in conformance
with this chapter 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, and as conducted pursuant to N.J.A.C. 5:28A-2.3.
A.
The Director shall cause to be inspected by visual assessment every
single-family, two-family, and multiple rental dwelling unit for lead-based
hazards at tenant turnover or by July 22, 2024, unless the dwelling
unit is exempt. Thereafter, all such units shall be inspected every
three years or upon tenant turnover, whichever is earlier, except
that an inspection shall not be required at tenant turnover if the
dwelling owner has a valid lead-safe certification for the dwelling
unit. The inspection shall be performed by a municipal employee who
is qualified to perform a lead evaluation inspection, or by means
of a shared service with another municipality, or by municipal contract
with a lead evaluation contractor, certified to provide lead inspection
services by the Department.
B.
The dwelling owner or landlord may choose to have the inspection
performed by directly hiring a lead evaluation contractor who is certified
to provide lead paint inspection services by the Department. The Director
shall have the authority to conduct inspections or investigations
of landlords or owners that directly hire lead evaluation contractors
to ensure that the required periodic lead-based paint inspections
are being performed as required. The Director may prohibit an owner
from directly hiring a lead evaluation contractor to conduct a periodic
lead-based paint inspection where an owner, who previously chose to
hire a lead evaluation contractor to conduct the inspection, failed
to have the inspection completed, or the Director determines that
there is a conflict of interest between the owner and the lead evaluation
contractor of choice.
C.
The next periodic lead-based paint inspection shall be counted from
the most recent periodic lead-based paint inspection that resulted
in a valid lead-safe certification.
D.
Lead-safe certifications are valid for two years from the date of
issuance pursuant to N.J.A.C. 5:28A-2.4.
A rental dwelling unit shall not be subject to inspection and
evaluation for the presence of lead-based paint hazards if the unit:
A.
Was constructed during or after 1978;
B.
Is a single-family or two-family seasonal rental dwelling that is
rented for less than six months' duration each year by tenants
that do not have consecutive lease renewals;
C.
Has been certified to be free of lead-based paint pursuant to N.J.A.C.
5:17;
D.
Is in a multiple dwelling constructed prior to 1978 that has been:
(1)
Registered with the Department for at least 10 years, and has no
outstanding paint violations from the most recent cyclical inspection
performed on the multiple dwelling pursuant to the Hotel and Multiple
Dwelling Law, N.J.S.A. 55:13A-1 et seq. and N.J.A.C. 5:10; or
(2)
Has been registered with the Department for at least 10 years and
has a current certificate of inspection issued by the Bureau of Housing
Inspection; or
(3)
Has been registered with the Department for at least 10 years with
open inspections that have no violations for paint; or
E.
Has a valid lead-safe certification, which lead-safe certification
is valid for two years from the date of issuance.
If the inspection results in a finding that no lead-based paint
hazard exists in a dwelling unit or following remediation, then the
Director or the lead evaluation contractor shall certify the dwelling
unit as lead-safe on a form prescribed by the Department. The lead-safe
certification provided to the property owner shall be valid for two
years.
A.
If the inspection results in finding that a lead-based paint hazard
exists in a dwelling unit, then the owner shall remediate the lead-based
paint hazard by using abatement or interim controls. The owner shall
choose the appropriate remediation mechanism.
B.
Interim controls shall be performed in accordance with the requirements
of the United States Department of Housing and Urban Development at
42 U.S.C. § 4851b and detailed within the HUD Guidelines
for the Evaluation and Control of Lead-Based Paint Hazards in Housing.
Abatement work shall be performed in accordance with the requirements
in the Lead Hazard Evaluation and Abatement Regulations in N.J.A.C.
5:17.
C.
Upon conclusion of the remediation, the following procedure shall
be utilized:
(1)
If the owner utilized interim controls for remediation, a qualified
municipal employee or lead evaluation contractor shall conduct an
additional inspection within 60 days of the initial inspection by
using dust wipe sampling. If the inspection shows that the hazard
no longer exists, the Director or the lead evaluation contractor shall
certify the unit as lead-safe on the form prescribed by the Department.
The certification shall be valid for a period of two years from the
date of issuance.
(2)
If the owner utilized abatement for remediation, and a lead abatement
clearance certificate has been issued by the Director in accordance
with N.J.A.C. 5:17, then the lead-free certificate issued at the final
clearance inspection shall exempt the dwelling from future periodical
lead-based paint inspections.
Unless subject to an exemption, a property owner shall:
A.
Provide evidence of a valid lead-safe certification as well as evidence
of the most recent tenant turnover at the time of the cyclical inspection
carried out under the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1
et seq.;
B.
Provide evidence of a valid lead-safe certification to new tenants
of the property at the time of tenant turnover, and affix a copy of
such certification as an exhibit to the lease provided to the tenant(s);
and
C.
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.
The Director shall cause to be maintained a current record of
all inspection schedules, inspection results, and tenant turnover
for all dwellings which are required to have lead-based paint inspections.
The Director shall also maintain a record of all lead-free certifications.
A.
All fees shall be dedicated to meeting the costs of implementing
and enforcing the regulation of lead-based paint hazards and shall
be paid in advance.
B.
A fee in the amount of $200 shall be paid for each lead-based paint
visual assessment inspection performed by the Township. Where dust
wipe sampling shall be required, the owner shall pay for all additional
costs.
C.
The fee for the filing of a lead-safe certification shall be $50.
D.
For each inspection an additional fee of $20 per unit shall be assessed
for the purposes of the Lead Hazard Control Assistance Act, N.J.S.A.
52:27D-437.1 et seq., unless the unit owner demonstrates that the
Department of Community Affairs has already assessed the additional
$20 inspection fee pursuant to N.J.S.A. 52:27D-437.10. This fee shall
be deposited in the Lead Hazard Control Assistance Fund.
E.
If a lead hazard is identified in an inspection of one of the dwelling units in a building consisting of two or three dwelling units, then the remainder of the building's dwelling units shall be inspected for lead hazards, with the exception of dwelling units that have been certified to be free of lead-based paint. Fees for additional inspections shall be charged in accordance with Subsection B.
F.
In a common interest community, payment of any inspection fee shall
be the responsibility of the unit owner and not the homeowner's
association, unless the association is the owner of the unit.
If the Director determines that a property owner has failed
to comply with a provision of N.J.S.A. 52:27D-437.16 et seq., with
respect to a rental dwelling unit owned by the property owner, the
property owner shall be given 30 days' written notice to cure
any violation by conducting the required inspection or initiating
any required remediation efforts. 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. Remediation
efforts shall be considered to be initiated when the owner has provided
proof of hiring a lead abatement contractor or other qualified party
to perform lead-hazard control methods.
