The purpose of this chapter is to comply with the state mandate requiring municipalities to ensure that residential rent dwellings are inspected for lead-based paint hazards that can cause harmful effects to the health and well-being of residents.
[HISTORY: Adopted by the Mayor and Council of the Borough of Bergenfield 5-21-2024 by Ord. No. 24-2624. Amendments noted where applicable.]
[Amended 12-17-2024 by Ord. No. 24-2636]
The following terms shall have the meanings indicated below pursuant to N.J.S.A. 52:27D-437.16 as may be amended and which is incorporated by reference.
A person independently hired by the owner or lessor of the residence and certified by the New Jersey Department of Community Affairs to perform lead inspections pursuant to N.J.A.C. 5:17-1.1 et seq.
A person independently hired by the owner or lessor of the residence and certified by the U.S. Department of Housing and Urban Development, Office of Healthy Homes and Lead Hazard Controls, or a comparable agency, to perform visual assessments for signs of lead-based paint hazards pursuant to 24 CFR Part 35.
A person hired by the Borough and certified by the U.S. Department of Housing and Urban Development, Office of Healthy Homes and Lead Hazard Controls, or a comparable agency, to perform visual assessments for signs of lead-based paint hazards pursuant to 24 CFR Part 35.
A physical and visual examination conducted by a certified lead evaluation contractor to determine whether lead-based paint hazards definitively exist on the premises.
Any condition that causes exposure to lead from lead-contaminated dust or soil or lead-contaminated paint that is deteriorated or present in surfaces that would result in adverse human health effects.
A lead-free certification is a document issued by a certified lead evaluation contractor that indicates that a lead inspection has been conducted of a dwelling unit and said unit is completely free from lead-based paint.
A lead-safe certification is a form prescribed by the New Jersey Department of Community Affairs pursuant to N.J.S.A. 52:27D-437.20 and issued by a certified visual lead assessment official/contractor wherein said official/contractor certifies that a visual lead assessment has been conducted of a dwelling unit and no signs of lead-based paint hazards have been found during the course of the assessment.
The time at which all existing occupants vacate a dwelling unit and all new tenants move into the dwelling unit.
A visual examination conducted by a certified visual lead assessment official pursuant to N.J.A.C. 5:17-1.1 et seq. for signs of lead-based paint hazards, which include examining deteriorated paint or visible surface dust, debris, or residue.
[Amended 12-17-2024 by Ord. No. 24-2636]
A.
Visual lead assessment of single-family, two-family, and multiple rental dwellings by Borough. A certified visual lead assessment official hired by the Borough shall conduct a visual lead assessment of every single-family, two-family, and multiple rental dwelling located within the Borough starting January 1, 2025. Thereafter, all such units shall be visually assessed for lead-based paint hazards every three years, notwithstanding the exceptions listed in § 313-3D. The Borough shall charge the dwelling owner or landlord, and the dwelling owner or landlord shall pay the Borough in advance of any visual lead assessment, a fee set forth in § 313-7.
B.
Option for owner/landlord to hire independent certified visual lead assessment contractor. The dwelling owner or landlord may directly hire an independent certified visual lead assessment contractor to satisfy the requirements of § 313-3A instead of the Borough conducting the visual assessment. The dwelling owner or landlord must file a copy of the lead-safe certification with the Building Department within 10 business days after the visual assessment is completed. The Borough may charge an additional fee sufficient to cover the administrative cost to the Borough of the processing of the lead-safe certification as set forth in § 313-7.
C.
Consultation with local health board. The certified visual lead assessment official/contractor responsible for visually assessing single-family, two-family, and multiple rental dwellings pursuant to this subsection may consult with the local health board, the State of New Jersey Department of Health, and/or the State of New Jersey Department of Community Affairs concerning the criteria for the assessment and identification of areas and conditions involving a high risk of lead poisoning in dwellings and methods of detection of lead in dwellings.
D.
Exceptions for visual lead assessments. Notwithstanding any language in § 313-3A through C to the contrary, and in accordance with N.J.S.A. 52:27D-437.16(c), a dwelling unit in a single-family, two-family, or multiple-rental dwelling shall not be subject to visual assessment and evaluation for the presence of lead-based paint hazards if the unit:
(1)
Has a lead-free certification issued by a certified lead evaluation contractor pursuant to § 313-4;
(2)
Was constructed during or after 1978; and
(3)
Is in a multiple dwelling that has been registered with the State of New Jersey Department of Community Affairs as a multiple dwelling for at least 10 years, either under the current or a previous owner, and has 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.);
[Amended 12-17-2024 by Ord. No. 24-2636]
If a certified visual lead assessment official/contractor finds evidence of a lead-based paint hazard in a dwelling unit upon conducting a visual lead assessment pursuant to § 313-3, then the owner of the dwelling unit shall be responsible for hiring a certified lead evaluation contractor to conduct a lead inspection, and if necessary, remediate the lead-based paint hazard by using abatement or lead-based paint hazard control methods approved in accordance with the provisions of the Lead Hazard Control Assistance Act (N.J.S.A. 52:27D-437.1 et al.) and shall be responsible for the costs associated with the inspection and remediation. Upon the remediation of the lead-based paint hazard, a certified lead evaluation contractor shall conduct an additional inspection of the unit to certify that the hazard no longer exists. Within 10 business days after the lead inspection and remediation is completed, the dwelling owner or landlord must file a lead-free certification with the Building Department.
[Amended 12-17-2024 by Ord. No. 24-2636]
A.
Issuance of lead-safe certification. If a certified visual lead assessment official/contractor finds that no evidence of lead-based paint hazards exists in a dwelling unit upon conducting a visual assessment pursuant to § 313-3, then the certified visual lead assessment official/contractor shall certify the dwelling unit as lead-safe on a form prescribed by the New Jersey Department of Community Affairs as provided for in regulations or guidance promulgated pursuant to N.J.S.A. 52:27D-437.20. The lead-safe certification provided to the property owner by the certified visual lead assessment official/contractor or the certified lead evaluation contractor shall be valid for three years.
B.
Production of lead-safe certification. Pursuant to N.J.S.A. 52:27D-437.16(e) and beginning on January 1, 2025, property owners shall:
(1)
Provide evidence of a valid lead-safe certification obtained pursuant to this chapter to the Building Department, if so requested, unless not required to have had a visual lead assessment by a certified visual lead assessment official/contractor pursuant to § 313-3D;
(2)
Provide evidence of a valid lead-safe certification obtained pursuant to this chapter to new tenants of the property at the time of tenant turnover unless not required to have had a visual lead assessment by a certified visual lead assessment official/contractor pursuant to § 313-3D, and shall affix a copy of such certification as an exhibit to the tenant's or tenants' lease; and
(3)
Maintain a record of the lead-safe certification which shall include the name or names of the unit's tenant or tenants, if the inspection was conducted during a period of tenancy, unless not required to have had a visual lead assessment by a certified visual lead assessment official/contractor pursuant to § 313-3D.
[Amended 12-17-2024 by Ord. No. 24-2636]
If a certified visual lead assessment official/contractor or a certified lead evaluation contractor finds that a lead-based paint hazard exists in a dwelling unit upon conducting a visual assessment or inspection pursuant to this chapter, then the certified visual lead assessment official/contractor or certified lead evaluation contractor shall notify the Commissioner of Community Affairs, who shall review the findings in accordance with the Lead Hazard Control Assistance Act (N.J.S.A. 52:27D-437.8).
[Amended 12-17-2024 by Ord. No. 24-2636[1]]
A.
The fees are as follows and made payable to the Borough's Building Department:
(1)
If the owner or lessor uses a Borough-certified visual lead assessment official for the visual assessment, the periodic visual assessment fee is as follows:
(2)
If the owner or lessor does not use a Borough-certified visual lead assessment official for the visual assessment, the administrative fee for processing the independent periodic visual assessment is as follows:
B.
In a common interest community, any inspection fee charged pursuant to this subsection shall be the responsibility of the unit owner and not the homeowners' association, unless the association is the owner of the unit.
[Amended 12-17-2024 by Ord. No. 24-2636]
A.
A Borough certified visual lead assessment official shall be authorized to conduct visual assessments and issue penalties to enforce a property owner's failure to comply with N.J.S.A. 52:27D-437.16 or this chapter.
B.
If a property owner fails to comply with the visual assessment and/or inspection and remediation requirements mandated by N.J.S.A. 52:27-D-437.16 et seq. or this chapter, the owner shall have 30 days to cure the violation.
C.
If a property owner fails to cure the violation after 30 days, the property owner shall be subject to a penalty not to exceed $1,000 per week until the violation has been cured or remediation efforts have been initiated.