A code for the purpose of establishing standards governing supplied utilities and facilities and other physical things and conditions essential to making dwellings safe, sanitary and fit for human habitation and governing the condition of dwellings is hereby established for the Township. As required by the New Jersey Laws of 1946, Chapter 21, as amended, N.J.S.A. 40:49-5.2, three copies of said code shall be on file in the office of the Township Clerk and the code is hereby adopted and incorporated as if fully set forth herein. The code herein adopted is commonly known and described as the "New Jersey State Housing Code."
[HISTORY: Adopted by the Township Committee of the Township of Bordentown as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-14-2016 by Ord. No. 2016-14 (Ch. 15.16 of the 2003 Municipal Code)]
No person shall occupy as owner, tenant or occupant any dwelling or dwelling unit for the purpose of living therein which does not conform to the provisions of the New Jersey State Housing Code established in this chapter as the standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation. Every dwelling or dwelling unit shall be subject to inspection by the construction official or designated representative for compliance with the provisions of the New Jersey State Housing Code not earlier than 60 days nor later than 10 days prior to a change in ownership, tenancy or occupancy.
Prior to any change in ownership or occupancy of any house, dwelling, apartment unit, boardinghouse unit, rooming house unit or premises, whether by transfer of title, change of renting or leasing tenants, or otherwise, which is used, partially used or intended to be used for human occupancy, a certificate of conformity shall first have been obtained from the Construction Official or designated representative, stating that the building, or the specified portion thereof, or particular unit therein, or premises complies with the requirements of the New Jersey State Housing Code and all other codes and ordinances of the Township regulating and governing matters of health, sanitation, maintenance, and use of any structure for human occupancy. Such certificate of conformity shall be requested, processed, and issued in accordance with the following:
A.
Application shall be made, in writing, by the owner or the owner's agent or representative to the construction official prior to a change in ownership or occupancy, requesting an inspection by the said construction official or designated representative, specifying the premises to be inspected, the location thereof, agent information if applicable, the name of the present owner(s) and tenant(s) and lessee(s) and the name of the prospective purchaser(s) or tenant(s) and lessee(s). The fee for such inspection shall be as set forth by Bordentown Township resolution, and shall be tendered and paid to the Construction Official with the application.
B.
The requested inspection shall be made, and an inspection report containing all existing violations as may be found of all Township codes and ordinances regulating and governing matters of health, sanitation, maintenance, and use of any structure for human occupancy shall be set forth as separate items by the inspecting official in a written report.
C.
All of said violations shall be corrected prior to any change of ownership or occupancy or, in the alternative, may be assumed by the prospective purchaser on the condition that such violations be corrected prior to occupancy, and a letter of knowledge and intent form must be submitted to the Construction Official, signed by the prospective purchaser. Violations set forth in Subsection D of this section must be corrected prior to a change in ownership or occupancy.
D.
All violations which in the judgment of the inspecting official pose a positive, clear, and serious present or potential threat to the health, safety or welfare of any present or potential occupant shall be so designated upon the inspection report, and such violations must be corrected prior to any change in ownership or occupancy.
E.
Any additional or later reinspection(s) shall only be made upon payment of the inspection fee as set forth by Bordentown Township resolution, and shall be tendered and paid to the Construction Official.
F.
The Township shall not, by the performance of inspections and reinspections required by this chapter, become or be considered to be a guarantor to any owner, purchaser, tenant or other person as to the condition of any building, unit or premises inspected, or a participant in any contractual relationship between any persons or parties as to same.
G.
Upon an inspection report being rendered without any violation being disclosed, or upon any disclosed violation(s) being remedied and corrected prior to reinspection, and such reinspection being performed as required, the construction official shall issue to the applicant a certificate of conformity for the subject premises so qualifying which shall be valid until the next occurring change in ownership or occupancy, or any subsequent inspection by the construction official or representative as shall disclose ordinance violations, whichever occurs first.
H.
Any person who shall be the owner, purchaser, tenant, lessee, agent of owner, rental agent, or real estate agent, broker, firm, company, partnership or corporation and shall transfer, sell, buy, occupy, rent, lease or otherwise change the ownership or occupancy of any structure regulated or encompassed by this chapter without complying with the requirements concerning the obtaining of a certificate of conformity shall be subject to the penalty set forth in Chapter 1, Article II, General Penalty, of the Code of the Township of Bordentown.
[Amended 4-9-2018 by Ord. No. 2018-12]
The enforcement procedure for the "New Jersey State Housing Code" shall be as provided in §§ 204-4, 204-6 and 204-7, as the same shall apply to violations of said code. Penalties shall be as set forth in Chapter 1, Article II, General Penalty, of the Code of the Township of Bordentown. Enforcement responsibilities for all residential dwellings shall be as established and approved by resolution and agreement between the Township of Bordentown and Fire District 1 and Fire District 2.
[Adopted 6-9-2025 by Ord. No. 2025-05]
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 and conducted pursuant to N.J.A.C. 5:28A-2.3.
Measures designed to permanently eliminate lead-based paint hazards in accordance with standards established by the Commissioner of Community Affairs in compliance with standards promulgated by the appropriate federal agencies.
A person certified by the New Jersey Department of Community Affairs to perform lead inspection and risk assessment work pursuant to N.J.A.C. 5:171.1 et seq.
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 certification which confirms that a lead-based paint inspection was performed and that no lead-based paint exists in the dwelling unit or that all lead-based paint hazards have been fully abated.
The time at which all existing occupants vacate a dwelling unit and all new tenants move into the dwelling unit to the time at which a new tenant enters a vacant dwelling unit.
A visual examination for deteriorated paint or visible surface dust, debris, or residue, including XRF (X-ray fluorescence) analysis.
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 inspector no later than July 22, 2024, or upon tenant turnover after the effective date of this chapter, 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.
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.
Inspections for lead-based paint in rental dwelling units shall be governed by the standards set forth in N.J.S.A. 52:27D-437.1 et seq., and N.J.S.A. 55:13A-1 et seq., as may be amended from time to time.
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 inspection and evaluation for the presence of lead-based paint hazards if the unit:
A.
Was constructed during, or after, 1978;
B.
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;
C.
Dwelling units that have been certified to be free of lead-based paint, pursuant to N.J.A.C. 5:17;
D.
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.i.; or
E.
Has a valid lead-safe certification issued pursuant to this chapter.
If no lead-based paint hazards are identified upon inspection, the lead inspector shall certify the dwelling as lead-safe on the form prescribed from the Department of Community Affairs. A lead-safe certificate shall be valid for two years from the date of issuance. A copy of the lead-safe certificate shall be filed with the Township.
A.
If a lead-based paint hazard is identified upon inspection, the inspector shall notify the Department of Community Affairs for review of the findings, in accordance with the Lead Hazard Control Assistance Act, N.J.S.A. 52:27D-437.1 et seq.
B.
If a lead-based paint hazard is identified in an inspection of one of the dwelling units in a building consisting of two or more dwelling units, the lead inspector 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.
Should a lead-based hazard be identified, then the owner shall remediate the hazards through abatement or lead-based hazard control mechanisms in accordance with N.J.S.A. 52:27D-437.16(d). The remediation shall be confirmed through a subsequent lead-based hazard inspection.
No residential rental unit shall be occupied until a valid lead-based paint evaluation report prepared by a lead inspector is provided or obtained by the Township. 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 § 299-17 above.
The owner of a dwelling unit subject to this chapter shall:
A.
Provide the tenant and Township evidence of a valid lead-safe certification obtained pursuant to this chapter 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.
Provide evidence of a valid lead-safe certification obtained pursuant to this chapter, 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 the inspection was conducted during a period of tenancy.
A.
In accordance with N.J.S.A. 52:27D-43.176(h), an additional fee of $20 per dwelling unit inspected by a lead inspector shall be assessed for the purposes of the Lead Hazard Control Assistance Act (N.J.S.A. 52:27D-437.1 et, seq.) unless the unit 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.
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.
In accordance with N.J.S.A. 52:27D-437.19, the penalties for a violation of this article shall be as follows:
A.
If a property owner fails to conduct the required inspection or initiate any remediation efforts, the owner shall be given 30 days to cure the violation.
B.
If the property owner has not cured the violation after 30 days, the property owner shall be subject to a penalty not to exceed $1,000 per week until the required inspection has been conducted or remediation efforts have been initiated.