As used in this chapter, the following terms shall have the
meanings indicated, in accordance with P.L. 2021, c. 182 (N.J.S.A.
52:27D-437.16 et seq.), and N.J.A.C. 5:28A-1.1 et seq.:
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 and as conducted pursuant to N.J.A.C.
5:28A-2.3.
DWELLING
A building containing a room or rooms, or suite, apartment,
unit, or space, that is rented and occupied, or is intended to be
rented and occupied, for sleeping and dwelling purposes by one or
more persons.
DWELLING UNIT
A unit within a building that is rented and occupied, or
intended to be rented and occupied, for sleeping and dwelling purposes
by one or more persons.
INTERIM CONTROLS
A set of measures designed to temporarily reduce 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,
or the term as it is defined pursuant thereto.
LEAD ABATEMENT
A set of measures designed to permanently eliminate lead-based
paint hazards, in accordance with the standards established by the
Commissioner at N.J.A.C. 5:17.
LEAD EVALUATION CONTRACTOR
A firm 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. This includes the ability to perform dust wipe sampling.
LEAD-BASED PAINT
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.
LEAD-BASED PAINT HAZARD
Any condition that causes exposure to lead from lead-contaminated
dust or lead-contaminated paint that is deteriorated or present on
surfaces that would result in adverse human health effects.
LEAD-FREE
A dwelling that has been certified to have no lead-based
paint or has undergone lead abatement in accordance with N.J.A.C.
5:17.
LEAD-FREE CERTIFICATION
A certificate issued, in accordance with N.J.A.C. 5:17, which
states that there is no lead-based paint, or that the dwelling has
undergone lead abatement, in accordance with N.J.A.C. 5:17.
LEAD-SAFE
A dwelling that has been found to have no outstanding lead-based
paint hazards. It does not mean that the dwelling is certified to
be lead-free.
LEAD-SAFE CERTIFICATION
A certification issued pursuant to N.J.A.C 5:28A which confirms
that a periodic lead-based paint inspection was performed, and no
lead-based paint hazards were found. This certification is valid for
two years from the date of issuance in accordance with N.J.A.C. 5:28A-2.4.
MULTIPLE DWELLING
Any building or structure and any land appurtenant thereto,
and any portion thereof, in which three or more dwelling units are
occupied or intended to be occupied by three or more persons living
independently of each other. "Multiple dwelling" also means any group
of 10 or more buildings on a single parcel of land or on contiguous
parcels under common ownership, in each of which two dwelling units
are occupied, or intended to be occupied, by two persons or households
living independently of each other, and any land appurtenant thereto,
and any portion thereof. "Multiple dwelling" does not include those
buildings and structures that are excluded pursuant to N.J.S.A. 55:13A-3(k).
MUNICIPAL INSPECTOR
The City's Housing Inspection and Code Enforcement Official
or designee. A designee shall include, but not be limited to, a lead
evaluation contractor hired by the City to conduct inspections pursuant
to this chapter.
OWNER
Any person who owns, purports to own or is properly authorized
to exercise powers of or for an owner of property used as a dwelling
unit, which shall include the owner, landlord, and/or agent of every
single-family, two-family, and/or multiple dwelling unit for rental.
PERIODIC LEAD-BASED PAINT INSPECTION
The initial inspection of all applicable dwelling units at
the earlier of two years from the effective date of P.L. 2021, c.
182, July 22, 2022, or tenant turnover, and thereafter the
earlier of three years or upon tenant turnover, consistent with N.J.A.C.
5:28A-2.1, for the purposes of identifying lead-based paint hazards
in dwellings subject to this chapter.
REMEDIATION
Interim controls or lead abatement work undertaken in conformance
with N.J.A.C. 5:28A to address lead-based paint hazards.
TENANT TURNOVER
The time at which all existing occupants vacate a dwelling
unit, and all new tenants move into the dwelling unit or the time
at which a new tenant enters a vacant dwelling unit.
VISUAL ASSESSMENT
An examination performed by viewing surfaces for deteriorated
paint or visible surface dust, debris, or residue, as conducted pursuant
to N.J.A.C. 5:28A-2.3.
If no lead-based paint hazards are identified upon inspection,
the Municipal Inspector or hired licensed lead inspector/risk assessor
or contractor shall certify the dwelling as lead-safe on the form
prescribed from the Department of Community Affairs. A lead-safe certificate
shall be valid for two years from the date of issuance. A copy of
the lead-safe certificate shall be filed with the City's Office
of Housing Inspection and Code Enforcement. If the inspection is performed
by a hired licensed lead inspector/risk assessor or contractor, said
inspector shall inform the City of the results.
The owner of the dwelling unit shall be responsible for remediation
of the lead-based paint hazard. Remediation and any reinspections
required following remediation must be conducted consistent with N.J.A.C.
5:28A-2.5. Documentation of such remediation shall be provided to
the Municipal Inspector.