[HISTORY: Adopted by the Board of Health of the City of Linden 2-28-2023 by Ord. No. 2023-02. Amendments noted where applicable.]
The following definitions shall apply to this chapter:
The individual or individuals designated by the owner as
the person(s) authorized by the owner to perform any duty imposed
upon the owner by this chapter. The term does not necessarily mean
a licensed real estate broker or salesman of the State of New Jersey,
as those terms are defined by N.J.S.A. 45:15-3; however, such term
may include a licensed real estate broker or salesman of the State
of New Jersey if such person designated by the owner as his agent
is so licensed.
The City of Linden Board of Health.
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.
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
and as it is defined under 42 U.S.C. § 4851b and regulations
implemented pursuant thereto.
A set of measures designed to permanently eliminate lead-based
paint hazards in accordance with standards established by the NJDEP
Commissioner in N.J.A.C. 5:17.
A firm certified by the NJDCA to perform lead inspection
and risk assessment work pursuant to N.J.A.C. 5:17. This includes
the ability to perform dust wipe sampling.
Paint or other surface coating material that contains lead
in excess of 1.0 milligrams per centimeter squared or in excess of
0.5% by weight, or such other level as may be established by federal
law.
Any condition that causes exposure to lead from lead-contaminated
dust or lead-contaminated paint that is deteriorated or present in
surfaces, that would result in adverse human health effects.
A dwelling or dwelling unit that has been confirmed pursuant
to the regulations promulgated pursuant to P.L. 2021, c.182 (N.J.S.A.
52:27D-437.16 et seq.) to have fully abated all lead-based paint hazards,
or that no lead-based paint exists in the dwelling unit.
A certification, issued pursuant to the regulations promulgated
pursuant to P.L. 2021, c.182 (N.J.S.A. 52:27D-437.16 et seq.), that
confirms that the dwelling or dwelling unit is lead-free.
A dwelling or dwelling unit that has been confirmed pursuant
to the regulations promulgated pursuant to P.L. 2021, c.182 (N.J.S.A.
52:27D-437.16 et seq.) to have no outstanding lead-based paint hazards,
but is not necessarily lead-free.
A certification, issued by a person that is certified by
the NJDCA to conduct visual assessments and/or dust wipe sampling,
which confirms that a dwelling or dwelling unit has no outstanding
lead-based paint hazards, but that the dwelling or dwelling unit is
not necessarily lead-free. This certification is valid for two years
from the date of issuance.
New Jersey Department of Community Affairs.
New Jersey Department of Health.
Any person or group of persons, firm, corporation, limited
liability company, or officer thereof, partnership, association, or
trust who owns, operates, exercises control over, or is in charge
of a rental dwelling unit.
The certificate issued by the Health Officer or their designee
attesting that the rental dwelling and its current ownership has been
properly registered with the Board of Health in accordance with this
chapter.
A rental dwelling unit in a rental dwelling shall be considered
owner-occupied if the owner makes their primary residence therein.
An owner may have only one primary residence within the City of Linden.
The initial inspection of all applicable dwelling units at
the earlier of two years from the effective date of P.L. 2021, c.182
(N.J.S.A. 52:27D-437.16 et seq.), July 22, 2022, or tenant turnover,
and thereafter the earlier of two years or upon tenant turnover for
the purposes of identifying lead-based paint hazards in dwellings
subject to P.L. 2021, c.182 (N.J.S.A. 52:27D-437.16 et seq.), and
which consists of a minimum of a visual assessment, and also dust
wipe sampling as required.
Interim controls and/or lead abatement work undertaken in
conformance with this chapter to address lead-based paint hazards.
Occupied by any person or persons other than the owner, regardless
of whether there is a written or oral agreement and regardless of
whether the owner receives consideration for the occupancy.
Any building containing one or more rooms, or apartment,
or suite, or 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, notwithstanding whether or not the room or rooms,
or apartment, or suite, or unit, or space be designed for residential
use.
Any room, rooms, apartment, suite, unit, or space, including
any rooms in a rooming/boarding house, available by lease, rental,
or otherwise to persons other than the owner, whether furnished or
unfurnished, which is occupied or intended, arranged, or designed
to be occupied for sleeping or dwelling purposes by one or more persons,
and shall include all privileges, services, furnishings, furniture,
equipment, facilities, and improvements connected with the use or
occupancy thereof, notwithstanding whether or not the room or rooms,
or apartment, or suite, or unit, or space be designed for residential
use. "Rental dwelling unit" shall not include that portion of a rental
dwelling that is owner-occupied.
Occupancy of the unit by one or more tenants.
Occupant in a rental dwelling or rental dwelling unit other
than the owner.
The certificate issued by the Health Officer or their designee
attesting that the rental dwelling unit and its current tenancy has
been properly registered with the Board of Health in accordance with
this chapter.
The time at which all existing occupants vacate a dwelling
unit and all new tenants move into the same dwelling unit, or the
time at which new tenants move into a vacant dwelling unit.
A visual examination for deteriorated paint or visible surface
dust, debris, or residue.
a.
All rental dwellings as defined in § BH7-1 of this chapter, except as exempt pursuant to § BH7-3c herein, shall be registered by the owner or their agent with the Health Officer or their designee, on forms provided for that purpose and which shall be obtained from the Health Officer or their designee. Such rental dwelling registration is not transferable to a new owner. Such registration shall occur within 10 business days of each change of owner of the rental dwelling.
b.
All changes in tenancy as defined in § BH7-1 of this chapter, except as exempt pursuant to § BH7-3c herein, shall be registered by the owner or their agent with the Health Officer or their designee, on forms provided for that purpose and which shall be obtained from the Health Officer or their designee. Such registration is not transferable to a new tenant. Such registration shall occur within five business days of each change of tenant turnover or other change in tenancy of the rental dwelling unit.
a.
Pursuant to P.L. 2021, c.182 (N.J.S.A. 52:27D-437.16 et seq.), the
Board, or their designee, shall conduct a periodic lead-based paint
hazard inspection of every rental dwelling unit in every single-family,
two-family, and multiple rental dwelling located within the City of
Linden at each tenant turnover, or within two years of the effective
date of P.L. 2021, c.182 (N.J.S.A. 52:27D-437.16 et seq.), whichever
is earlier. Thereafter, all such rental dwelling 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 for
the rental dwelling unit in question pursuant to this chapter.
b.
An owner may, in lieu of having the dwelling inspected by the Board or their designee, directly hire a private lead evaluation contractor who is certified to provide lead-based paint hazard inspections services by the NJDCA to satisfy the requirements of § BH7-3a herein.
c.
A rental dwelling unit in a single-family, two-family, or multiple rental dwelling shall not be subject to periodic lead-based paint hazards as defined in § BH7-1 of this chapter if the rental dwelling unit:
1.
Has been certified to be free of lead-based paint;
2.
Is in a rental dwelling that 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.
d.
If it is found that a lead-based paint hazard exists in a rental
dwelling unit upon conducting a periodic lead-based paint hazard inspection
pursuant to this chapter, then the owner of the dwelling shall remediate
the lead-based paint hazard(s) by using abatement or lead-based paint
hazard control methods, approved in accordance with the provisions
of the "Lead Hazard Control Assistance Act," P.L. 2003, c.311 (N.J.S.A.
52:27D-437.1 et seq.). Upon the remediation of the lead-based paint
hazard(s), the Board or their designee, or the owner's privately
hired lead evaluation contractor shall conduct additional lead-based
paint hazard inspections of the unit as necessary to certify that
the hazard no longer exists.
e.
If the Board or their designee, or the owner's privately hired lead evaluation contractor, finds that no lead-based paint hazards exist in a rental dwelling unit during a periodic lead-based paint hazard inspection pursuant to § BH7-3a herein or § BH7-3b herein, or following remediation of a lead-based paint hazard pursuant to § BH7-3d herein, then the Board or their designee, or the owner's privately hired lead evaluation contractor, shall certify the rental dwelling unit as lead-safe on a form prescribed by the NJDCA as provided for in the regulations or guidance promulgated pursuant to Section 8 of P.L. 2021, c.182 (N.J.S.A. 52:27D-437.20). The lead-safe certification provided to the owner by the Board or their designee, or the owner's privately hired lead evaluation contractor, shall be valid for two years.
f.
Beginning on the effective date of P.L. 2021, c.182 (N.J.S.A. 42:27D-437.16
et seq.), owners shall:
1.
Provide to the Health Officer or their designee evidence of a valid lead-safe certification pursuant to this chapter as well as evidence of the most recent tenant turnover at the time of the cyclical lead paint inspection carried out under the "Hotel and Multiple Dwelling Law," P.L. 1967, c.76 (N.J.S.A. 55:13A-1 et seq.), unless not required to have had such an inspection pursuant to § BH7-3c.
2.
Provide evidence of a valid lead-safe certification obtained pursuant § BH7-3a herein or § BH7-3b herein to every new tenant of the rental dwelling unit at the time of each tenant turnover, unless not required to have had a periodic lead-based paint hazard inspection pursuant to § BH7-3c herein, and shall affix a copy of such certification as an exhibit to the rental agreement or lease agreement for each tenant.
3.
Maintain a record of the lead-safe certification, which shall include the name or names of the dwelling unit's tenant or tenants at the time of the periodic lead-based paint hazard inspection, if said inspection was conducted during a period of tenancy, unless not required to have had a periodic lead-based paint hazard inspection pursuant to § BH7-3c herein.
g.
If the Board or their designee, or the owner's privately hired lead evaluation contractor, finds that a lead-based paint hazard exists in a rental dwelling unit upon conducting an inspection pursuant to § BH7-3a herein or § BH7-3b herein, then the Board shall notify the Commissioner of the NJDCA, who shall review the findings in accordance with section 8 of the "Lead Hazard Control Assistance Act," P.L. 2003, c.311 (N.J.S.A. 52:27D-437.8).
h.
If the Board or their designee, or the owner's privately hired lead evaluation contractor, finds that a lead-based paint hazard exists in a rental dwelling unit upon conducting an inspection pursuant to § BH7-3a herein or § BH7-3b herein in a rental dwelling consisting of two or three rental dwelling units, then Board or their designee, or the owner's privately hired lead evaluation contractor, shall conduct a lead-based paint hazard inspection of each of the remainder of the rental dwelling units in the rental dwelling for lead-based paint hazards, with the exception of any rental dwelling units in the rental dwelling that have a valid lead-free certification.
All fees established pursuant to this chapter are as set forth in Chapter BH6, Fee Schedule, of this Code.
The Health Officer or their designee shall implement, administer,
and enforce this chapter, and is hereby authorized to issue all rules
and regulations consistent with this chapter, and shall have all necessary
powers to carry out the purpose of this chapter and to enforce this
chapter, and are authorized to issue citations for any violation of
this chapter.
Pursuant to P.L. 2021 c.182 (N.J.S.A. 52:27D-437.19), the penalties
for a violation of this chapter shall be as follows:
a.
If an 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 an owner has not cured the violation after 30 days, the 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.
All ordinances or parts of ordinances inconsistent with this
chapter are hereby repealed to the extent of any such inconsistency
or inconsistencies.
In the event that any section, sentence or clause of this chapter
or Code shall be declared unconstitutional by law, such declaration
shall not in any manner prejudice the enforcement of the remaining
provisions.
This chapter shall take effect upon final passage in the manner
provided by law.
