[HISTORY: Adopted by the Borough Council of the Borough of
Haledon 4-27-2023 by Ord. No. 3-23-2023; amended in its entirety 9-14-2023 by Ord. No. 8-10-2023B. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
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.
The time at which all existing occupants vacate a dwelling
unit and all new tenants move into the dwelling unit.
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 multiple rental dwelling located within the Borough shall be required
to obtain an inspection for lead-based paint hazards at tenant turnover
for lead-based paint hazards or within two years of the effective
date of N.J.S.A. 52:27D-437.16, et seq., whichever is earlier. Thereafter,
all such units shall be inspected for lead-based paint hazards the
earlier of every three years or upon tenant turnover, except that
an inspection upon tenant turnover shall not be required if the owner
has a valid lead-safe certification. The owner of any such rental
dwelling shall not permit any tenant turnover without first complying
with this chapter.
The dwelling owner or landlord shall 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 § 221-2.
The 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.
A.
Notwithstanding anything in § 221-2 to the contrary, 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 State
of New Jersey 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; or
(5)
Has a valid lead-safe certification issued in accordance with this
chapter.
If the lead evaluation contractor finds that a lead-based paint hazard exists in a dwelling unit upon conducting an inspection pursuant to § 221-2, then the owner of the dwelling unit shall remediate the lead-based paint hazard by using abatement or lead-based paint hazard control methods, approved in accordance with the provisions of the "Lead Hazard Control Assistance Act," N.J.S.A. 52:27D-437.1, et al. Upon the remediation of the lead-based paint hazard, the lead evaluation contractor shall conduct an additional inspection of the unit to certify that the hazard no longer exists.
If the lead evaluation contractor finds that no lead-based paint hazards exist in a dwelling unit upon conducting an inspection pursuant to § 221-2 or following remediation of a lead-based paint hazard pursuant to § 221-6, then the lead evaluation contractor shall certify the dwelling unit as lead-safe on a form prescribed by the New Jersey Department of Community Affairs as provided for in regulations or guidance promulgated pursuant to N.J.S.A. 52:27D-437.20. The lead-safe certification provided to the property owner pursuant to this section shall be valid for two years.
Beginning on the effective date of N.J.S.A. 52:27D-437.16 et
seq. property owners shall:
A.
Provide evidence of a valid lead-safe certification obtained pursuant to this chapter 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. 55:13A1, et seq., unless not required to have had an inspection pursuant to § 221-5A(2), or (3);
B.
Provide evidence of a valid lead-safe certification obtained pursuant to this chapter to new tenants of the property at the time of tenant turnover unless not required to have had an inspection pursuant to § 221-5A(1), (2), (3), and (4), and shall affix a copy of such certification as an exhibit to the tenant's or tenants' lease; and
If the lead evaluation contractor finds that a lead-based paint
hazard exists in a dwelling unit upon conducting an inspection pursuant
to this chapter, then the Borough Department of Health or such agency
as may be contracted by the Borough for such matters 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.
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 lead evaluation contractor 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 fee for filing of a lead-safe certification or lead-free
certification with the Borough shall be $50.
The Borough and shall be authorized to conduct investigations
and issue penalties to enforce a property owner's failure to
comply with N.J.S.A. 52:27D-437.16 or this chapter. If the Borough
determines that a property owner has failed to comply with a provision
of N.J.S.A. 52:27D-437.16, et seq. or this chapter regarding a rental
dwelling unit owned by the property owner, the property owner shall
first be given 30 days to cure any violation by conducting the required
inspection or initiate 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.
