The owner, landlord, and/or agent of every single-family, two-family,
and/or multiple-dwelling unit offered for rental within the Township
shall be required to obtain an inspection of the unit for lead-based
paint hazards by a lead evaluation contractor who is certified to
perform lead paint inspection services by the Department of Community
Affairs no later than July 22, 2024, or upon tenant turnover after
the effective date of this article, whichever is earlier. Inspection
shall include visual assessment and dust wipe sampling in accordance
with N.J.S.A. 52:27D-437.1 et seq.
The owner, landlord, and/or agent shall be further required to obtain
an inspection of such a 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.
A valid lead-based paint evaluation report prepared by a certified lead evaluation contractor as defined in N.J.S.A. 52:27D-437.1 et seq., whenever conducted pursuant to Subsection A or B above; and
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.
Should the owner fail to provide such a report to the Construction Official, as set forth in Subsection C, within 30 days of filing, the Township shall have said inspection performed with the Township's cost for same to be assessed against the landlord's rental property as a municipal lien.
Should the evaluation report identify lead-based hazards, then the
owner shall remediate the hazards through abatement or lead-based
hazard control mechanisms in accordance with N.J.S.A. 52:27D-437.16d.
The remediation shall be confirmed through a subsequent lead-based
hazard inspection. The identification of a lead-based hazard will
result in the Township, or the inspector retained to conduct such
inspections, providing notification of same to the Commissioner of
Community Affairs.
No residential rental unit shall be occupied until a valid lead-based paint evaluation report prepared by a certified lead evaluation contractor as defined in N.J.S.A. 52:27-437.1 et seq., is provided or obtained by the Township pursuant to Subsection C above. Further, if the evaluation report identifies lead-based hazards, such residential rental unit shall not be occupied until remediation is deemed complete by the Township pursuant to Subsection D above.
In accordance with N.J.S.A. 52:27D-437.16c, 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:
Is a single-family or two-family seasonal rental dwelling units that
are rented for less than six months duration each year by tenants
that do not have consecutive lease renewals;
Is in a multiple rental dwelling unit(s) constructed prior to 1978
that have 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 have no outstanding lead paint violations
from the most recent cyclical inspection performed on the multiple
dwelling pursuant to the Hotel and Multiple Dwelling Law, N.J.S.A.
55:13A-1 et seq., and N.J.A.C. 5:10; or
Has a valid lead-safe certification issued pursuant to this chapter.
(Lead-safe certifications are valid for two years from the date of
issuance pursuant to N.J.A.C. 5:28A-2.4.)
Twenty dollars per application will be sent to the State of New Jersey
pursuant to N.J.S.A. 52:27D-437.16h for the purpose of the Lead Hazard
Control Assistance Act, 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.
If the property owner has not cured the violation within 30 days,
the property owner shall be subject to a penalty not to exceed $1,000
per week until the required remediation efforts have been initiated.
Remediation efforts shall be considered to be initiated when the
unit owner/landlord or agent has hired a lead abatement contractor
or otherwise qualified party to perform lead-hazard control methods.