[Added 1-6-2025 by Ord. No. 11-2025]
a.
Purpose. The purpose of this chapter is to implement the State requirements pursuant to P.L. 2021, c. 182 (the Act) for the periodic inspection of lead-based paint hazards in certain residential rental dwelling units, as may be amended or supplemented from time to time.
b.
Applicability. This section shall apply to all residential rental dwelling units, subject to the exemptions below.
c.
Exemptions. 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.
Is an owner-occupied dwelling unit; or
2.
Was constructed during or after 1978; or
3.
Has been certified to be free of lead-based paint; or
4.
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.); or
5.
Is a single-family or two-family seasonal rental dwelling which is rented for less than six months duration each year by tenants that do not have consecutive lease renewals; or
6.
Has a valid lead-safe certification. Any premises for which a valid lead-free certificate is in force and has been issued pursuant to the statutes and regulations administered and applied by the New Jersey Department of Community Affairs, provided the owner of such premises can demonstrate proof of the existence of an original lead-free certificate and eligibility for registration of the premises on the Lead Safe Housing Registry; or
7.
Is a motel or hotel.
d. COMMON INTEREST COMMUNITY LEAD INSPECTOR LEAD-BASED PAINT HAZARD LEAD-FREE CERTIFICATION LEAD-SAFE CERTIFICATION MULTIPLE DWELLING TENANT TURNOVER VISUAL INSPECTION
Definitions. The following definitions shall apply to this chapter:
A real estate development or neighborhood in which the property is burdened by servitudes requiring property owners to contribute to maintenance of commonly held property or to pay dues or assessments to an owners' association that provides services or facilities to the community.
Person certified by the New Jersey Department of Community Affairs to perform lead inspection and risk assessment work pursuant to N.J.A.C. 5:17-1.1 et seq.
Any condition that causes exposure to lead from lead-contaminated dust 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.
A certification which confirms that a 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.
Shall mean any building or structure of one or more stories in which three or more units of dwelling space are occupied or intended to be occupied by three or more persons who live independently of each other.
Shall mean the time at which all existing occupants vacate a dwelling unit and all new tenants move into the dwelling unit.
A visual examination for deteriorated paint or visible surface dust, debris, or residue.
e.
Lead-based paint inspection procedure.
1.
The owner and/or landlord of every single-family, two-family, and multiple dwelling rental unit located within the Borough of Cape May Point shall cause their rental property to be inspected for lead-based paint hazards in accordance with the Act and this chapter, unless otherwise exempted as set forth herein. The owner and/or landlord, in lieu of having the dwelling inspected by the Borough's Lead Inspector, may directly hire a private lead inspector to perform the lead-based paint inspection. All inspections will otherwise be performed by the Borough's Lead Inspector.
2.
The manner of inspection will be in accordance with the methodology promulgated by the State. (Note: As of the date of enaction of this chapter, the Borough is a "visual inspection" municipality pursuant to 2022-23 Lead-Based Paint Inspection Methodology Pursuant to P.L. 2021, c. 182).
3.
To the extent this section applies, an initial inspection for lead-based paint hazards shall occur as soon as practicable following the adoption of this chapter. Thereafter, all such dwelling units shall be inspected every three years.
4.
If a lead-based paint hazard is identified upon inspection, the owner and/or landlord of the dwelling unit, at his or her own cost, shall remediate the hazards through abatement or lead-based paint hazard control mechanisms which have been approved in accordance with the Act. Upon the remediation of the lead-based paint hazard, the Borough's Lead Inspector or the owner and/or landlord's private lead inspector shall conduct an additional inspection of the dwelling unit to certify that the hazard no longer exists.
5.
If no lead-based paint hazard is identified, then the Borough's Lead Inspector or the owner and/or landlord's private lead inspector shall provide a lead-safe certification on a form prescribed by the New Jersey Department of Community Affairs; the certification shall be valid for two three years from the date of issuance.
6.
Pursuant to N.J.S.A. 52:27D-437.16(e), property owners shall:
(a)
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 this chapter; and
(b)
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.
f.
Fees. The fees to be paid by the owner and/or landlord for a lead-based paint inspection performed by the Borough's Lead Inspector shall be determined by the City of Cape May as the inspection agent for the Borough.
1.
In accordance with N.J.S.A. 52:27D-437.16h, the Borough may charge an additional fee on top of the established inspection fee from the City of Cape May that is necessary and sufficient to cover the cost of the inspection. Any such fee shall be established by resolution of the Borough Commissioners.
g.
Violations and penalties; enforcement. In accordance with the Act, the penalties for a violation of this article shall be as follows:
1.
If a property owner has failed to comply with this chapter with respect to 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.
2.
The foregoing penalties shall be in addition to any other penalties provided by law.
3.
Any of the violations referred to herein may be enforced, as applicable, by the Borough of Cape May Point Code Enforcement Official, or other such person designated by the Borough Commissioners.