As used in this chapter, the following terms shall have the
meanings indicated:
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. 5:17-1.1 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 §
80-2, 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 §
80-2 instead of the municipal inspection contemplated by §
80-2. 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-437.16d. 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. 5:17-1.1 et seq.
In accordance with N.J.S.A. 52:27D-437.16e, 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 Washington 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 §
80-7 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 §
80-7 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 §
80-7 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.
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.