[HISTORY: Adopted by the Township Committee of the Township of Lebanon 8-20-2025 by Ord. No. 2025-07. Amendments noted where applicable.]
The following term 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.
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.
TENANT TURNOVER
The time at which all existing occupants vacate a dwelling unit, and all new tenants move into the dwelling unit.
TOWNSHIP
For purposes of this chapter, the Township of Lebanon, its designee, including a certified lead evaluation contractor hired by the Township of Lebanon to perform inspections under this chapter.
VISUAL ASSESSMENT
A visual examination for deteriorated paint or visible surface dust, debris, or residue.
A. 
Inspections performed by township. The Township shall cause to be inspected every single-family, two-family, and multiple rental dwelling located within the Township at tenant turnover for lead-based paint hazards or by July 22, 2025, whichever is earlier. Thereafter, all such units shall be inspected for lead-based paint hazards at the earlier of every three years or upon tenant turnover, except that an inspection upon tenant turnover shall not be required if the owner has a valid lead-safe certification. The owner of any such rental dwelling shall not permit any tenant turnover without first complying with this section. The Township shall charge the dwelling owner or landlord, and the dwelling owner or landlord shall pay the Township in advance of any inspection, a fee as set forth in § 150-9 herein, for each unit inspected to cover the cost of the inspection, which shall be dedicated to meeting the costs of implementing and enforcing this section.
B. 
Option for owner/landlord to hire lead evaluation contractor. The dwelling owner or landlord may directly hire a lead evaluation contractor who is certified to provide lead paint inspection services by the Department of Community Affairs to satisfy the requirements of this chapter, instead of the Township conducting the inspection. In the event that a dwelling owner or landlord directly hires such a lead evaluation contractor, the term "Township" or "Township inspector" shall also mean and include such lead evaluation contractor for purposes of this section, except for the purposes of § 150-11.
C. 
Consultation with local health board. The party with the duty to inspect single-family, two-family, and multiple rental dwellings pursuant to this chapter may consult with the local health board, the New Jersey Department of Health, or the Department of Community Affairs concerning the criteria for the inspection and identification of areas and conditions involving a high risk of lead poisoning in dwellings, methods of detection of lead in dwellings, and standards for the repair of dwellings containing lead paint.
Notwithstanding any language in § 150-2 to the contrary, 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. 
Has been certified to be free of lead-based paint;
B. 
Was constructed during or after 1978;
C. 
Is in a multiple dwelling that 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 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.);
D. 
Is a single-family or 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; or
E. 
Has a valid lead-safe certification issued in accordance with this section.
If the Township inspector finds that a lead-based paint hazard exists in a dwelling unit upon conducting an inspection pursuant to § 150-2, then the owner of the dwelling unit shall 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.). Upon the remediation of the lead-based paint hazard, the Township inspector shall conduct an additional inspection of the unit to certify that the hazard no longer exists. The Township shall charge an additional fee as set forth in § 150-9 below for such inspection.
If the Township inspector finds that no lead-based paint hazards exist in a dwelling unit upon conducting an inspection pursuant to § 150-2, or following remediation of a lead-based paint hazard pursuant to § 150-4, then the Township inspector shall certify the dwelling unit as lead-safe on a form prescribed by the 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 Township inspector pursuant to this section shall be valid for two years.
Beginning on July 22, 2025, property owners shall:
A. 
Provide evidence of a valid lead-safe certification obtained pursuant to this section as well as evidence of the most recent tenant turnover at the time of the cyclical inspection carried out under the Hotel and Multiple Dwelling Law (N.J.S.A. 55:13A1-1, et seq.), unless not required to have had an inspection by the Township inspector pursuant to Subsections A, B, or C of § 150-3;
B. 
Provide evidence of a valid lead-safe certification obtained pursuant to this section to new tenants of the property at the time of tenant turnover unless not required to have had an inspection by the Township inspector pursuant to Subsections A, B, C, and D of § 150-3, and shall affix a copy of such certification as an exhibit to the tenant's or tenants' lease; and
C. 
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 an inspection by the Township inspector pursuant to Subsections A, B, C, and D of § 150-3.
If the Township inspector finds that a lead-based paint hazard exists in a dwelling unit upon conducting an inspection pursuant to this section, then the Township inspector 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).
If a lead hazard is identified in an inspection of one of the dwelling units in a building consisting of two or three dwelling units, then the Township inspector shall inspect the remainder of the building's dwelling units for lead hazards, with the exception of dwelling units that have been certified to be free of lead-based paint. The Township inspector may charge an additional fee as set forth in § 150-8 of this chapter for each additional inspection.
A. 
Inspection fees.
Initial lead-based paint inspection per unit
$75 if performed by a Township official, or if Township hires a certified lead evaluation contractor, then at the rate established by the Township's lead evaluation contractor
Post-remediation lead-based paint inspection
$50 if performed by a Township per unit official, or if the Township hires a certified lead evaluation contractor, then at the rate established by the Township's lead evaluation contractor
Lead-based paint inspection for each additional two or three dwelling unit
$50 if performed by a Township official, or if Township hires a certified lead evaluation contractor, then at the rate established by the Township's lead evaluation contractor
B. 
In addition to the fees charged for the inspections set forth in Subsection A, and the fee charged for a certificate of continued occupancy for rental housing required by Chapter 161 the Code, the Township shall assess an additional fee of $20 per unit inspected by the Township inspector for the purposes of, and as required by the Lead Hazard Control Assistance Act (N.J.S.A. 52:27D-437.1, et seq., as may be amended from time to time) concerning lead hazard control work, unless the unit owner demonstrates that the Department of Community Affairs already has assessed an additional inspection fee of $20 pursuant to the provisions of N.J.S.A. 52:27D-437.10. In a common association unless any inspection fee charged pursuant to this section shall be the responsibility of the unit owner and not the homeowners' association, unless the association is the owner of the unit. The fees collected pursuant to this section shall be deposited into the "Lead Hazard Control Assistance Fund" established pursuant to N.J.S.A. 52:27D-437.4, as required by law.
A. 
If less than 3% of children tested in the Township, six years of age or younger, have a blood lead level greater than or equal to five ug/dL, according to the central lead screening database maintained by the New Jersey Department of Health pursuant to N.J.S.A. 26:2-137.6, or according to other data deemed appropriate by the commissioner (as such term is used in and for the purposes of N.J.S.A. 52:27D- 437.16), then the Township inspector may inspect a dwelling located therein for lead-based paint hazards through visual assessment.
B. 
If at least 3% of children tested, six years of age or younger, have a blood lead level greater than or equal to five ug/dL, according to the central lead screening database maintained by the New Jersey Department of Health pursuant to section 5 of P.L. 1995, c.328 (N.J.S.A. 26:2-137.6), or according to other data deemed appropriate by the commissioner, then the Township inspector shall inspect a dwelling located therein through dust wipe sampling.
The Township and the Township inspector shall be authorized to conduct investigations and issue penalties to enforce a property owner's failure to comply with N.J.S.A. 52:27D-437.16 or this section. If the Township or Township inspector determines that a property owner has failed to comply with a provision of N.J.S.A. 52:27D-437.16 et seq. or this section regarding a rental dwelling unit owned by the property owner, the property owner shall first be given 30 days to cure any violation by conducting the required inspection or initiate any required remediation efforts. 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.