[Added 3-7-2024 by Ord. No. 878]
For purposes of this chapter only, the following words and terms shall have the meaning as used in, and in accordance with, N.J.S.A. 52:27D-437.16 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 (HUD) 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 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.
LEAD EVALUATION CONTRACTOR
A firm certified by the 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-SAFE CERTIFICATION
The certification required under this chapter, 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).
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[1] (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 this chapter and applicable law and regulation 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.
[1]
Editor's Note: See N.J.S.A. 52:27D-437.16 et seq.
[Added 3-7-2024 by Ord. No. 878]
a. 
From time to time, the Borough shall designate a lead evaluation contractor authorized to perform periodic lead-based paint inspections for lead-based paint hazards in every single-family, two-family and multiple dwelling subject to this chapter. The Borough's lead evaluation contractor shall be authorized and empowered to conduct the required periodic lead-based paint inspections required by law, and take such other action on the Borough's behalf as set forth in this chapter.
b. 
The owner or landlord (collectively "owner") of a dwelling subject to the inspection requirements of this chapter shall be permitted to directly hire a lead evaluation contractor of their own selection to conduct the periodic lead-based paint inspections for lead-based paint, subject to compliance with N.J.A.C. 5:28A-2.1(d).
[Added 3-7-2024 by Ord. No. 878]
In accordance with N.J.S.A. 52:27D-437.16(c) and implementing regulations, a dwelling unit shall not be subject to inspection and evaluation for the presence of lead-based paint hazards as required by this chapter if:
a. 
The dwelling unit was constructed during or after 1978;
b. 
The dwelling unit is a single-family or within a two-family seasonal rental dwelling that is rented for less than six months duration each year by tenants that do not have consecutive lease renewals;
c. 
The dwelling unit has been certified to be free of lead-based paint, pursuant to N.J.A.C. 5:17;
d. 
The dwelling unit is in a multiple dwelling that was constructed prior to 1978 and 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 either: (1) no outstanding paint 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.); (2) a current certificate of inspection issued by the Department of Community Affairs, Bureau of Housing Inspection; or (3) an open inspection with no violations for paint; or
e. 
Is a dwelling unit that has a valid lead-safe certification issued pursuant to N.J.A.C. 5:28A. Lead-safe certifications are valid for two years from the date of issuance pursuant to N.J.A.C. 5:28A-2.4.
[Added 3-7-2024 by Ord. No. 878]
a. 
The owner of every single-family, two-family and/or multiple dwelling unit offered for rental, unless otherwise exempt hereunder, shall be required to obtain an inspection of the unit for lead-based paint hazards as required by this chapter, or at tenant turnover, whichever is earlier.
b. 
To obtain the required inspection, the owner shall arrange for same with the Borough's lead evaluation contractor or directly hire its own lead evaluation inspector.
c. 
The owner shall be responsible for scheduling the inspection and paying all applicable and required fees directly to the contractor. The lead evaluation contractor completing the inspection shall ensure that the proper type of inspection or assessment (i.e., visual assessment or dust wipe sampling, or both) is performed in accordance with N.J.A.C. 5:28A-2.3.
d. 
The fee for the cost of the periodic lead-based paint inspection completed by the Borough's lead evaluation contractor shall be as determined by the Borough and lead evaluation contractor annually, and shall be based on the actual cost charged for the inspection. The owner shall pay the Borough's lead evaluation contractor directly for each inspection.
e. 
In addition to the foregoing, the Borough shall also charge the owner a fee of $20 per unit inspected by each lead evaluation contractor, unless the owner demonstrates that it has already paid this inspection fee pursuant to the provisions of Section 10 at P.L. 2003, c. 311 (N.J.S.A. 52:27D-437.10).
1. 
When due, the fee paid under this paragraph e shall be paid by the owner to the Borough's lead inspection contractor.
2. 
The Borough's lead inspection contractor shall submit the fees collected under this paragraph e to the state for deposit into the Lead Hazard Control Assistance Fund established under Section 4 at P.L. 2003, c. 311 (N.J.S.A. 52:27D-437.4).
[Added 3-7-2024 by Ord. No. 878]
a. 
The initial inspection for all single-family, two-family and multiple dwellings subject to this chapter shall take place upon tenant turnover, or within two years of the effective date of P.L. 2021, c. 182,[1] that is on or before July 22, 2024, whichever is earlier.
[1]
Editor's Note: See N.J.S.A. 52:27D-437.16 et seq.
b. 
After initial inspection, all such dwelling units shall be inspected for lead-based paint hazards each time there is tenant turnover, or at least once every three years, whichever occurs earlier. However, if the dwelling unit owner has obtained a valid lead-safe certification for the dwelling unit, then inspection of that dwelling unit shall not be required at each tenant turnover during the two-year period the certification is valid.
c. 
Each subsequent periodic lead-based paint inspection shall be counted from the most recent inspection which resulted in a valid lead-safe certification.
[Added 3-7-2024 by Ord. No. 878]
Whenever any dwelling unit subject to this chapter is scheduled for a tenant turnover, the owner shall provide the Borough's lead inspection contractor with prior written notice of at least 14 business days of the date scheduled for tenant turnover and advise whether the owner will hire the Borough's lead evaluation contractor or its own lead evaluation contractor. The owner shall be responsible for scheduling the inspection, ensuring proper access to the dwelling unit and paying the contractor for the inspection. The failure to provide this notice to the Borough in the required time frame shall be deemed a failure to complete the necessary inspection.
[Added 3-7-2024 by Ord. No. 878]
a. 
If the lead evaluation contractor completing an inspection on a dwelling unit finds no lead-based paint hazard, then the contractor completing the inspection shall certify the dwelling unit as lead-safe on the form prescribed by the Department of Community Affairs. The lead-safe certification shall be valid for a period of two years from the date of issuance.
b. 
If the lead evaluation contractor completing an inspection on a dwelling unit finds that a lead-based paint hazard exists, then:
1. 
The contractor who completed the inspection shall notify the Department of Community Affairs for review of the findings, in accordance with the Lead Hazard Control Assistance Act.[1] In addition, if the building in which the lead-based paint hazard was identified consists of two or three dwelling units, then the lead contractor shall inspect the remainder of the building's dwelling units (at the owner's expense), with the exception of those dwelling units that have been certified to be free of lead-based paint or which have a valid lead-safe certification; and
[1]
Editor's Note: See N.J.S.A. 52:27D-437.1 et seq.
2. 
The owner shall be responsible for remediation of the lead-based paint hazard consistent with the requirements of N.J.A.C. 5:28A-2.5, as well as compliance with, and costs associated with, all applicable additional requirements, inspections, abatement and procedures established by N.J.A.C. 5:28A-2.5.
[Added 3-7-2024 by Ord. No. 878]
The owner of a dwelling that is subject to the requirements of this chapter shall:
a. 
At the time of tenant turnover, provide to the tenant and Borough's lead inspection contractor evidence of a valid lead-safe certification obtained as required hereunder. The owner shall also include a copy of the certification as an exhibit to the tenant's lease.
b. 
If the dwelling is part of a multiple dwelling, provide evidence of a lead-safe certification obtained hereunder, as well as evidence of the most recent tenant turnover, at the time of any cyclical inspection performed pursuant to the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq.
c. 
Maintain a record of the lead-safe certification, which shall include the name or names of a unit's tenants, if inspection was conducted during a period of tenancy.
d. 
Inform the Borough's lead inspection contractor of all tenant turnover activity to ensure any required inspection may be scheduled.
[Added 3-7-2024 by Ord. No. 878]
The Borough shall maintain a record of:
a. 
All dwellings subject to the requirements of this chapter which shall include up to date information on inspection schedules, inspection results and tenant turnover.
b. 
All lead-safe certifications issued hereunder, whether issued by the Borough's lead evaluation contractor or independent lead evaluation contractors hired by owners.
[Added 3-7-2024 by Ord. No. 878]
The penalties for violating this chapter shall be as follows:
a. 
If an owner has failed to conduct the required inspection or initiate any required remediation, then the Borough shall issue written notice to the owner that the owner has 30 days to cure the violation.
b. 
If the owner fails to cure the violation within the thirty-day period, then the owner shall be subject to a penalty not to exceed $1,000 per week, until the required inspection has been conducted or the remediation efforts have been initiated. Remediation efforts shall be considered to be initiated when the dwelling owner has hired a lead abatement contractor or other qualified party to perform lead-hazard control methods.