[HISTORY: Adopted by the Township Committee of the Township of Kingwood 6-1-2023 by Ord. No. 8-2023. Amendments noted where applicable.]
DUST WIPE SAMPLING
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.
LEAD ABATEMENT
Measures designed to permanently eliminate lead-based paint hazards in accordance with standards established by the Commissioner of Community Affairs in compliance with standards promulgated by the appropriate federal agencies.
LEAD EVALUATION CONTRACTOR
A person certified by the New Jersey Department of Community Affairs to perform lead inspection and risk assessment work pursuant to N.J.A.C. 5:171.1 et seq.
LEAD-BASED PAINT HAZARD
Any condition that causes exposure to lead from lead-contaminated dust or soil or lead-contaminated paint that is deteriorated or present in surfaces that would result in adverse human health effects.
TENANT TURNOVER
The time at which all existing occupants vacate a dwelling unit(s) and all new tenants move into the dwelling unit.
VISUAL ASSESSMENT
A visual examination for deteriorated paint or visible surface dust, debris, or residue.
The owner, landlord, and/or agent of every single-family, two-family, and/or multiple dwelling unit(s) offered for rental shall be required to obtain an inspection of the unit for lead-based paint hazards within two years of the effective date of the law, July 2, 2022, or upon tenant turnover, whichever is earlier.
After the initial inspection required by § 90-2, the owner, landlord, and/or agent of such dwelling unit(s) offered for rental shall be required to obtain an inspection of the unit for lead-based paint hazards every three years, or at tenant turnover, whichever is earlier, except that an inspection upon tenant turnover shall not be required if the owner, landlord, and/or agent has a valid lead-safe certification.
The owner, landlord, and/or agent may directly hire a lead evaluation contractor who is certified to provide lead paint inspection services by the New Jersey Department of Community Affairs to satisfy the requirements of § 90-2 instead of the municipal inspection contemplated by § 90-2. In the event that a dwelling owner or landlord directly hires such a lead evaluation contractor, the term "Township Code Enforcement Officer" shall also mean and include such lead evaluation contractor for purposes of this chapter.
The Township Code Enforcement Officer or such lead evaluation contractor with the duty to inspect single-family, two-family, and multiple rental dwellings pursuant to this chapter, may consult with the local health board, the State of New Jersey Department of Health, or the State of New Jersey Department of Community Affairs concerning the criteria for the inspection and identification of areas and conditions involving a high risk of lead poisoning in dwellings, methods of detection of lead in dwellings, and standards for the repair of dwellings containing lead paint.
Inspection for lead-based paint in rental 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., as may be amended from time to time.
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, or for the fees for such inspection or evaluation, if the unit:
A. 
Has been certified to be free of lead-based paint;
B. 
Was constructed during or after 1978;
C. 
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.;
D. 
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
E. 
Has a valid lead-safe certification issued in accordance with N.J.S.A. 52:27D-437.16 d(2).
If lead-based paint hazards are identified, then the owner, landlord, and/or agent 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 Township Code Enforcement Officer or his/her designee, as may be applicable, or the owner's private lead inspector, shall conduct an additional inspection of the unit(s) to certify that the hazard no longer exists.
If no lead-based paint hazards are identified, then the Township Code Enforcement Officer or his/her designee, or the owner's private lead inspector, shall certify the dwelling as lead safe on a form prescribed by the Department of Community Affairs (DCA), which shall be valid for two years and shall be filed with the Township's Code Enforcement Officer. The Township Code Enforcement Officer shall maintain up-to-date information on inspection schedules, inspection results, tenant turnover, and a record of all lead-free certifications issued pursuant to N.J.A.C. 5:17.
In accordance with N.J.S.A. 52:27D-437.16 e, the owner, landlord, and/or agent shall:
A. 
Provide evidence of a valid lead-safe certification and the most recent tenant turnover to the Township of Kingwood 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., unless not required to have had an inspection by a lead evaluation contractor or permanent local agency pursuant to § 90-7 hereof;
B. 
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 or permanent local agency pursuant to § 90-7 hereof, and shall affix a copy of such certification as an exhibit to the tenant's or tenants' lease; 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, unless not required to have had an inspection by a lead evaluation contractor or permanent local agency pursuant to § 90-7 hereof.
If the Township Code Enforcement Officer finds that a lead-based paint hazard exists in a dwelling unit upon conducting an inspection pursuant to this chapter, then the Code Enforcement Officer shall notify the Commissioner of Community Affairs, who shall review the findings in accordance with the Lead Hazard Control Assistance Act, N.J.S.A. 52:27D-437.8.
A. 
If less than 3% of children tested in the Township, 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 State of New Jersey Department of Health pursuant to N.J.S.A. 26:2-137.6, or according to other data deemed appropriate by the Commissioner (as such term is used in and for the purposes of N.J.S.A. 52:27D-437.16), then the Township Code Enforcement Officer may inspect a dwelling located therein for lead-based paint hazards through visual assessment.
B. 
If 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 State of new Jersey Department of Health pursuant to Section 5 of P.L. 1995, c. 328 (N.J.S.A. 26:2-137.6), or according to other data deemed appropriate by the Commissioner, then the Township Code Enforcement Officer shall inspect a dwelling located therein through dust wipe sampling.
C. 
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 Township Code Enforcement Officer shall inspect the remainder of the building's dwelling units for lead hazards, with the exception of dwelling units that have been certified to be free of lead-based paint. The Township Code Enforcement Officer may charge fees in accordance with this chapter for such additional inspections.
A. 
Notwithstanding any other fees due pursuant to this chapter, a fee in the amount of $250 shall be paid for the initial lead-based paint inspection performed by the Township of Kingwood. If, after the initial inspection, a lead-based paint hazard is found, and a subsequent inspection is required to confirm that such hazard has been remediated, the fee of $350 shall be assessed for any such subsequent inspection(s).
B. 
Said fees shall be dedicated to meeting the costs of implementing and enforcing this subsection and shall not be used for any other purpose. Alternatively, a dwelling unit owner, landlord, and/or agent may directly hire a private lead evaluation contractor who is certified to provide lead paint inspection services by the Department of Community Affairs to satisfy the requirements of this chapter, in which case, no additional lead-based paint inspection fee shall be paid.
C. 
In addition to the fees permitted to be charged for inspection of rental housing pursuant to this chapter, the municipality shall assess an additional fee of $20 per unit inspected by a certified lead evaluation contractor or permanent local agency for the purposes of the Lead Hazard Control Assistance Act, P.L. 2003, c. 311 (N.J.S.A. 52:27D-437.1 et seq.) concerning lead hazard control work, unless the unit owner demonstrates that the Department of Community Affairs has already assessed an additional inspection fee of $20 pursuant to the provisions of Section 10 of P.L. 2003, c. 311 (N.J.S.A. 52:27D-437.10).
D. 
In a common interest community, any inspection fee charged pursuant to this subsection shall be the responsibility of the unit owner and not the homeowners' association, unless the association is the owner of the unit. The fees collected pursuant to this subsection shall be deposited into the Lead Hazard Control Assistance Fund established pursuant to Section 4 of P.L. 2003, c. 311 (N.J.S.A. 52:27D-437.4).
In accordance with N.J.S.A. 52:27D-437.19, the penalties for a violation of this chapter 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.