A.
A lead evaluation contractor retained by the Township shall inspect every single-family, two-family, or multiple rental dwelling located in the Township of Florence for lead-based paint hazards through visual assessment and dust wipe sampling in accordance with N.J.S.A. 52:27D-437.1 et seq.
B.
In lieu of having the dwelling inspected by the Township's lead evaluation contractor, a dwelling owner or landlord may directly hire a private lead evaluation contractor 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-437.1 et seq.
C.
In accordance with N.J.S.A. 52:27D-437.16(c), 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," P.L. 1967, c. 76 (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; or
(5)
Has a valid lead-safe certification (lead-safe certifications are valid for two years from the date of issuance pursuant to N.J.A.C. 5:28A-24.).
D.
The owner, landlord and/or agent of every single-family, two-family, or multiple rental dwelling unit offered for rental shall be required to obtain an inspection of the unit for lead-based paint hazards no later than July 22, 2024, or upon a tenant turnover after the effective date of this article, whichever is earlier.
E.
The owner, landlord, and/or agent of every single-family, two-family, or multiple rental dwelling unit 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 has a valid lead-safe certification.
F.
If lead-based paint hazards are identified, then the owner, landlord, and/or agent of the dwelling shall remediate the lead-based paint hazard using lead abatement or lead- based control methods in accordance with N.J.S.A. 52:27D-437.16(d).
G.
If no lead-based paint hazards are identified, then the Township's lead evaluation contractor shall certify the dwelling as lead-safe on a form prescribed by the Department of Community Affairs, which shall be valid for two years.
H.
Pursuant to N.J.S.A. 52:27D-437.16(e), property owners shall:
(1)
Provide evidence of valid lead-safe certification and the most recent tenant turnover at the time of the inspection.
(2)
Provide evidence of a valid lead-safe certification obtained pursuant to this section 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 § 116-35C.
(3)
Maintain records of lead-safe certification, which shall include name(s) of the unit tenant(s), if inspection was conducted during a period of tenancy.
I.
Fees.
(1)
The fee for a visual inspection and dust wipe sampling inspection performed by the Township's lead evaluation contractor shall be based on the Township's actual costs following a procurement by the Township of a certified lead evaluation contractor and may vary based on the square footage and number of bedrooms in a rental unit and shall be set forth in the Township Code at Chapter 2, Fees, and a separate Township administrative fee for every dwelling unit inspected by the Township's lead evaluation contractor or the owner's private lead evaluation contractor.
(2)
In accordance with N.J.S.A. 52:27D-437.16(h), an additional fee of $20 per dwelling unit inspected by the Township's lead evaluation contractor or the owner's private lead evaluation contractor shall be addressed for the purpose of the Lead Hazard Control Assistance Act,[1] unless the 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 N.J.S.A. 52:27D-437.1 et seq.
(3)
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.