[HISTORY: Adopted by the Mayor and Council of the Borough of Kinnelon 6-20-2024 by Ord. No. 10-24. Amendments noted where applicable.]
[Amended 5-15-2025 by Ord. No. 02-25]
A. 
New Jersey law (P.L. 2021, c. 182) requires that a certified lead evaluation contractor perform inspections of certain single-family, two-family, and multifamily residential rental dwellings for lead-based paint hazards. The dwelling owners/landlords are required by state law to have the inspection performed by either an inspector retained by the Borough or by directly hiring a certified lead evaluation contractor for this purpose.
B. 
The fee for an inspection by a Borough-retained New Jersey certified lead paint inspector is $295.
(Note: The NJDCA required inspection fee is included in the fee listed above and will be submitted to the State of New Jersey by the Borough-retained lead inspector.)
A. 
All residential rental dwelling units required to be inspected under state law must initially be inspected for lead-based paint upon tenant turnover, but the first inspection must take place no later than July 22, 2024, in the event there has been no tenant turnover before that date.
B. 
After the initial inspection, all units required to be inspected shall be inspected for lead-based paint hazards every three years, or upon tenant turnover, whichever is earlier. An inspection upon tenant turnover is not required if the owner has a valid lead-safe certificate. Lead-safe certificates are valid for two years. If the lead-safe certificate has expired, and there will be a tenant turnover, an inspection will be necessary before the three-year inspection.
All single-family, two-family, and multiple rental dwellings must be inspected except for the following dwellings, which are exempt:
A. 
Dwellings that were constructed during or after 1978.
B. 
Single-family and two-family seasonal rental dwellings which are rented for less than six months' duration each year by tenants that do not have consecutive lease renewals.
C. 
Dwellings that have been certified to be free of lead-based paint pursuant to N.J.A.C. 5:17-3.6(b).
D. 
Multiple rental dwellings that have been registered with the Department of Community Affairs for at least 10 years and have no outstanding lead violations from the most recent cyclical inspection performed on the multiple dwelling under the Hotel and Multiple Dwelling Law (N.J.S.A. 55:13A-1 et seq.).
E. 
Dwellings with a valid lead-safe certificate issued pursuant to P.L. 2021, c. 182. Lead-safe certificates are valid for two years from the date of issuance.
A. 
Owners/landlords of all dwellings subject to the inspection requirements under this chapter shall register their unit(s) with the Borough and provide the Borough with up-to-date information on inspection schedules, inspection results, and tenant turnover.
B. 
A copy of all lead-safe certifications issued for property located in the Borough of Kinnelon shall be provided to the Borough by the evaluation contractor.
C. 
An owner/landlord shall provide the Borough with a copy of any lead-free certification issued pursuant to N.J.A.C. 5:17 for their unit(s).
A. 
A property owner/landlord within the Borough of Kinnelon shall comply with the requirements of P.L. 2021, c. 182 and this chapter. If a Borough official determines that a property owner has failed to comply with the inspection requirements of this chapter, the property owner shall be given a thirty-day notice to cure any violation by ordering the necessary inspection or by initiating remediation. If the dwelling owner has not cured the violation within 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 initiated.
B. 
Any other violation of the provisions of this chapter shall be subject to a fine of not less than $50 nor more than $500 for each offense.