[Adopted 6-6-2024 by Ord. No. 2024-08]
A. 
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.
B. 
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.
C. 
Pursuant to N.J.S.A. 52:27D-437.16e, the property owner shall present to the Construction Official:
(1) 
Notice of the last tenant turnover date at the time of cyclical inspection;
(2) 
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
(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.
D. 
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.
E. 
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.
F. 
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.
G. 
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:
(1) 
Was constructed during, or after, 1978;
(2) 
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;
(3) 
Dwelling units that have been certified to be free of lead-based paint, pursuant to N.J.A.C. 5:17;
(4) 
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
(5) 
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.)
A. 
A $50 lead inspection application fee will be due at the time of certificate of occupancy application.
B. 
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.
A. 
If a property owner fails to initiate remediation efforts, the owner shall be given 30 days to cure the violation.
B. 
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.
C. 
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.