[Adopted 5-9-2024 by Ord. No. 10-2024]
As used in this article, the following terms shall have the meanings indicated:
COMMISSIONER
The Commissioner of the Department of Community Affairs.
DEPARTMENT
The Department of Community Affairs.
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.
INTERIM CONTROLS
A set of measures designed to reduce temporarily 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 to 42 U.S.C. § 4851b and the regulations adopted 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 Department 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 FREE
A dwelling has been certified to have no lead-based paint or has undergone lead abatement, in accordance with N.J.A.C. 5:17.
LEAD INSPECTOR/RISK ASSESSOR
An individual certified by the New Jersey Department of Health to perform lead inspection and risk assessment work pursuant to N.J.A.C. 8:62. This includes the ability to perform dust wipe sampling.
LEAD SAFE
A dwelling 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-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 CERTIFICATION
The 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 CERTIFICATION
The certification issued pursuant to this article, 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 LEAD PAINT INSPECTOR
The person qualified and designated by the Borough of Atlantic Highlands to inspect and issue lead-safe certifications.
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 article.
REMEDIATION
Interim controls or lead abatement work undertaken in conformance with this article 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
A visual examination for deteriorated paint or visible surface dust, debris, or residue, and as conducted pursuant to N.J.A.C. 5:28A-2.3.
A. 
This article applies to all rental single-family, two-family, and multiple dwelling units with the exception of those exempt pursuant to Subsection B below.
B. 
The following rental dwelling units shall be exempt from the requirements of this article and, thus, shall not be subject to periodic lead-based paint inspection and evaluation for the presence of lead-based paint hazards:
(1) 
Dwelling units that were constructed during, or after, 1978;
(2) 
Dwelling units that have been certified to be free of lead-based paint, pursuant to N.J.A.C. 5:17;
(3) 
Multiple rental dwelling units constructed prior to 1978 that have been registered with the Department for at least 10 years and have no outstanding 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;
(a) 
All multiple dwelling units constructed prior to 1978 that have been registered with the Department for at least 10 years and that have a current certificate of inspection issued by the Department of Community Affairs, Bureau of Housing Inspection, shall be exempt from this article;
(b) 
All multiple dwelling units constructed prior to 1978 that have been registered with the Department for at least 10 years with open inspections that have no violations for paint shall also be exempt from this article; and
(4) 
Dwellings with a valid lead-safe certification issued pursuant to this article. Lead-safe certifications are valid for two years from the date of issuance pursuant to N.J.A.C. 5:28A-2.4.
A. 
All rental dwellings as defined in § 128-15 of this article, except exempt dwelling units, shall be registered by the owner or their agent with the Municipal Clerk, on forms provided for that purpose and which shall be obtained from the Municipal Clerk or their designee. Such rental dwelling registration is not transferable to a new owner. Such registration shall occur within 10 business days of each change of owner of the rental dwelling.
B. 
All changes in tenancy, except as to exempt dwelling units, shall be registered by the owner or their agent with the Municipal Clerk or their designee, on forms provided for that purpose and which shall be obtained from the Municipal Clerk or their designee. Such registration is not transferable to a new tenant. Such registration shall occur within five business days of each change of tenant turnover or other change in tenancy of the rental dwelling unit.
A. 
Upon tenant turnover or within two years of the effective date of P.L. 2021, c. 182, July 22, 2022, whichever is sooner, an initial inspection of all single-family, two-family, and multiple dwellings subject to this article shall be made by the Municipal Lead Paint Inspector. Thereafter, all such dwelling units shall be inspected for lead-based paint hazards every three years or upon tenant turnover, whichever is earlier, except that an inspection shall not be required at tenant turnover, if the dwelling unit owner has a valid lead-safe certification for the dwelling unit.
(1) 
In all scenarios, the next periodic lead-based paint inspection shall be counted from the most recent periodic lead-based paint inspection that resulted in a valid lead-safe certification.
B. 
The Municipal Lead Paint Inspector shall be responsible for inspecting every single-family, two-family, and multiple dwelling subject to this article for lead-based paint hazards, except pursuant to Subsection C below.
C. 
If a landlord or owner so chooses, a dwelling unit owner or landlord may directly hire a lead evaluation contractor to conduct the periodic lead-based paint inspections for lead-based paint.
(1) 
The municipality shall have the authority to conduct inspections or investigations of landlords or owners that directly hire lead evaluation contractors to ensure that periodic lead-based paint inspections are being performed, in accordance with this article.
(2) 
The municipality shall have the authority to prohibit an owner from directly hiring a lead evaluation contractor to conduct a periodic lead-based paint inspection in the following situations:
(a) 
An owner who previously opted to hire a lead evaluation contractor to perform the periodic lead-based paint inspection failed to have the inspection completed; or
(b) 
The municipality determines there is a conflict of interest between the owner and their lead evaluation contractor of choice.
A. 
The dwelling owner or landlord shall pay to the municipality a fee to cover the cost of the periodic lead-based paint inspection as set forth in § 168-2A(3)(c).
B. 
In addition, the dwelling owner or landlord shall pay to the municipality an additional fee of $20 per unit inspected for the purposes of the Lead Hazard Control Assistance Act, P.L. 2003, c. 311 (N.J.S.A. 52:27D-437.1 et seq.), concerning lead hazard control work, unless the unit owner demonstrates that the Department has already assessed an additional inspection fee of $20 pursuant to the provisions of Section 10 at P.L. 2003, c. 311 (N.J.S.A. 52:27D-437.10).
A. 
If, according to the central lead screening database maintained by the New Jersey Department of Health or other data deemed appropriate by the Department, less than 3% of children residing in Atlantic Highlands tested, six years of age or younger, have a blood lead level greater than or equal to five (micro) g/dL, or if different, the level set forth at N.J.S.A. 52:27D-437.16, the periodic lead-based paint inspection conducted by the Municipal Lead Paint Inspector or lead evaluation contractor may be performed through a visual assessment.
(1) 
For a visual assessment, the Municipal Lead Paint Inspector or lead evaluation contractor shall examine dwellings, in accordance with HUD guidelines and regulations at 42 U.S.C. § 4851b, for deteriorated paint or visible surface dust, debris, or residue on all painted building components, especially any walls, window, trim, and surfaces that experience friction or impact.
B. 
If, according to the central lead screening database maintained by the New Jersey Department of Health or other data deemed appropriate by the Department, at least 3% of children residing in Atlantic Highlands tested, six years of age or younger, have a blood lead level greater than or equal to five (micro) g/dL, or if different, the level set forth at N.J.S.A. 52:27D-437.16, the periodic lead-based paint inspection conducted by the Municipal Lead Paint Inspector or lead evaluation contractor shall be performed through dust wipe sampling.
(1) 
For dust wipe sampling, the Municipal Lead Paint Inspector or lead evaluation contractor shall collect samples by wiping representative surfaces, including floors, interior windowsills, and other similar surfaces, and tested, in accordance with methods approved by HUD.
(2) 
A visual assessment, in accordance with Subsection A above, may be undertaken during the course of the dust wipe sampling.
A. 
If, following inspection, the Municipal Lead Paint Inspector or lead evaluation contractor finds that no lead-based paint hazard exists in a dwelling unit, they shall certify the dwelling unit as lead-safe on the form prescribed by the Department.
(1) 
The lead-safe certification shall be valid for a period of two years from the date of issuance.
(a) 
If, during the two-year certification period, a lead evaluation contractor, lead inspector/risk assessor, a local health department, or a public agency conducts an independent inspection or risk assessment and determines that there is a lead-based paint hazard, the lead-safe certification issued pursuant to this article shall be invalid. A periodic lead-based paint inspection shall be scheduled upon the conclusion of remediation, in accordance with N.J.A.C. 5:28A-2.5(e).
(b) 
Where an independent inspection or risk assessment determines that there is a lead-based paint hazard, the inspector/risk assessor shall inform the municipality of the results of the inspection.
(c) 
The lead-safe certification shall not exempt the dwelling from any other law that would require a lead inspection/risk assessment.
(2) 
A copy of the lead-safe certification shall be provided to the owner of the dwelling. If a lead evaluation contractor issues the lead-safe certification, a copy shall also be provided to the municipality at the time it is issued.
B. 
If the Municipal Lead Paint Inspector or lead evaluation contractor finds that a lead-based paint hazard exists in a dwelling unit, they shall notify the Department for review of the findings, in accordance with the Lead Hazard Control Assistance Act.
(1) 
If a lead-based paint hazard is identified in an inspection of one of the dwelling units in a building consisting of two or three dwelling units, then the Municipal Lead Paint Inspector or lead contractor shall inspect the remainder of the building's dwelling units, 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.
C. 
The owner of the dwelling unit shall be responsible for remediation of the lead-based paint hazard. Remediation must be conducted consistent with the requirements at N.J.A.C. 5:28A-2.5.
A. 
Where a lead-based paint hazard exists in a dwelling, the owner shall remediate the hazard by using either abatement or interim controls. The owner shall choose the appropriate remediation mechanism.
B. 
Interim controls shall be performed, in accordance with the requirements of the United States Department of Housing and Urban Development at 42 U.S.C. § 4851b and detailed within the HUD Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing.
C. 
Abatement work shall be performed in accordance with the requirements in the Lead Hazard Evaluation and Abatement Regulations, N.J.A.C. 5:17.
D. 
Any relocation of tenants required pursuant to a remediation shall be undertaken in accordance with applicable law.
E. 
Upon conclusion of the remediation, the following procedure shall be followed:
(1) 
If the owner utilized interim controls for remediation, the Municipal Lead Paint Inspector or lead evaluation contractor shall conduct an additional inspection within 60 days of the initial inspection by using dust wipe sampling. If the inspection shows that the hazard no longer exists, the Municipal Lead Paint Inspector or lead evaluation contractor shall certify the unit as lead-safe on the form prescribed by the Department. The certification shall be valid for a period of two years from the date of issuance.
(2) 
If the owner utilized abatement for remediation, and a lead abatement clearance certificate has been issued in accordance with N.J.A.C. 5:17, then the lead-free certificate issued at the final clearance inspection shall exempt the dwelling from future periodical lead-based paint inspections.
A. 
The owner of a dwelling that is subject to this article shall provide to the tenant and to the municipality evidence of a valid lead-safe certification obtained pursuant to this article at the time of tenant turnover. The owner shall also affix a copy of any such certification as an exhibit to the tenant's lease.
B. 
The owner of a multiple dwelling that is subject to this article shall provide evidence of a valid lead-safe certification obtained pursuant to this article, 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. 
The owner of a dwelling that is subject to this article shall maintain a record of the lead-safe certification, which shall include the name or names of a unit's tenants, if the inspection was conducted during a period of tenancy.
D. 
The owner of any dwelling subject to this article shall inform the municipality of all tenant turnover activity to ensure any required inspection may be scheduled.
E. 
The owner of a dwelling shall provide a copy of this article, and any lead-safe certifications issued pursuant thereto, along with the accompanying guidance document, Lead-Based Paint in Rental Dwellings, to any prospective owners of the dwelling during a real estate transaction, settlement, or closing.
A. 
If, upon investigation, the Municipal Lead Paint Inspector determines that a property owner has failed to comply with this article, the owner shall be given a period of 30 days to cure any violation by conducting the required inspection or initiating any required remediation efforts.
B. 
If the owner of the dwelling has not cured the violation within that time period, they 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.