[HISTORY: Adopted by the Township Committee of the Township of Mansfield 8-27-2025 by Ord. No. 2025-26. Amendments noted where applicable.]
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.
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.
LEAD ABATEMENT
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.
LEAD EVALUATION CONTRACTOR
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.
LEAD-BASED PAINT HAZARD
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.
LEAD-FREE CERTIFICATION
Lead-free certification is the certification 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.
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 dwellings" 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).
REMEDIATION
Interim controls or lead abatement work undertaken in conformance with this chapter 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.
VISUAL ASSESSMENT
A visual examination for deteriorated paint or visible surface dust, debris, or residue.
Inspections for lead-based paint in rental dwelling units shall be governed by the standards set forth in N.J.S.A. 52L27D-437.1 et seq. (Lead Hazard Control Assistance Act) and implementing regulations at N.J.A.C. 5:28-4.1 et seq, and N.J.S.A. 55:13A-1 et seq. (Hotel and Multiple Dwelling Law), as may be amended from time to time.
A. 
A lead evaluation contractor retained by the Township shall inspect every single-family, two-family, or multiple rental dwelling located in the Township of Mansfield for lead-based paint hazards through visual assessment and dust wipe sampling at tenant turnover or by December 31, 2025 whichever is earlier in accordance with N.J.S.A. 52:27D-437.1 et seq.
B. 
In lieu of having the dwelling inspected by the Township's lead evaluator, a dwelling owner or landlord may directly hire a private lead evaluation contractor who is certified to provide lead based paint inspection services by the Department of Community Affairs to perform the lead-based paint inspection in accordance N.J.S.A. 52:27D-437.1 et seq.
C. 
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:
(1) 
Has been certified to be free of lead-based paint;
(2) 
Was constructed after 1978;
(3) 
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", P.L. 1967, c. 76 (C. 55:13A-1 et seq.);
(4) 
Is a single-family or two-family seasonal rental dwelling which is rented for less than six months duration each year by the tenants that do not have consecutive lease renewals; or
(5) 
Has a valid lead-safe certification.
D. 
The owner, landlord, and/or agent of every single-family, two-family, or multiple rental dwelling unit offered for rental shall be required to obtain an inspection of the unit for lead-based paint hazards every three years, or at tenant turnover, whichever is earlier.
E. 
If lead-based paint hazards are identified, then the owner, landlord, and/or agent of the dwelling shall remediate the lead-based paints hazard using lead abatement or lead-based control methods in accordance with N.J.S.A. 52:27D-437.16(d). Upon the remediation of the lead-based paint hazard, the Township's lead evaluation contractor shall conduct an additional inspection of the unit to certify that the hazard no longer exists.
F. 
If no lead-based paint hazards are identified, then the Township's lead evaluator shall certify the dwelling as lead-safe on a form prescribed by the Department of Community Affairs, which shall be valid for two years.
G. 
Pursuant to N.J.S.A. 52:27D-437.16(e), property owners shall:
(1) 
Provide evidence of valid lead-safe certification and the most recent tenant turnover at the time of the cyclical inspection.
(2) 
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 a lead evaluation contractor or permanent local agency pursuant to § 230-3C of this chapter.
(3) 
Maintain records of lead-safe certification, which shall include name(s) of the unit tenant(s), if inspection was conducted during a period of tenancy.
The following fees shall apply:
A. 
The Township shall assess and additional fee of $20 per unit inspected as required by 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 already has assessed an additional inspection fee of $20 pursuant to the provisions of N.J.S.A. 52:27 D-437.10. The fees collected pursuant to this section shall be deposited into the "Lead Hazard Control Assistance Fund" established pursuant N.J.S.A. 52:27D-437.4.
B. 
In a common interest community, any inspection fee charged pursuant to this section shall be the responsibility of the unit owner and not the homeowner's association, unless the association is the owner of the unit.
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 may inspect a dwelling located herein 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 (C:26:2-137.6), or according to other data deemed appropriate by the commissioner, then the Township shall inspect a dwelling located herein through dust wipe sampling.
C. 
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, designee, or certified lead evaluation contractor 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 inspector may charge fees in accordance with this section for such additional inspections.
The Township 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 chapter. If the Township 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 mediation 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.