[HISTORY: Adopted by the Board of Commissioners of the Village of Ridgefield Park 4-25-1972 (Ch. 122 of the 1985 Code). Amendments noted where applicable.]
[Amended 7-24-1990 by Ord. No. 7-90; 10-27-2009 by Ord. No. 09-11]
Pursuant to the provisions of Chapter 21, P.L. 1946 (N.J.S.A. 40:49-5.1 et seq.), the New Jersey State Housing Code, as approved by the State of New Jersey Department of Community Affairs, Division of Housing and Development and filed in the Secretary of State's office, is hereby accepted, adopted and established as a standard to be used as a guide in determining whether dwellings in this municipality are safe, sanitary and fit for human habitation and rental. Three copies of the New Jersey State Housing Code have been placed on file in the office of the Village Clerk and are available to all persons desiring to use and examine the same.
[Amended 7-24-1990 by Ord. No. 7-90; 10-27-2009 by Ord. No. 09-11]
No person shall occupy as owner-occupant or rent to another for occupancy 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 by this chapter as the standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation.
[Amended 7-24-1990 by Ord. No. 7-90; 10-27-2009 by Ord. No. 09-11]
The Construction Official of the Village is hereby designated as the public officer to exercise the powers prescribed by this chapter (as provided by the adopted provisions of the New Jersey Housing Code), and he shall serve in such capacity without any additional salary.
The Health Officer is hereby authorized and directed to make inspections to determine the condition of dwellings, dwelling units, rooming units and premises located within the Village in order that he may perform his duty of safeguarding the health and safety of the occupants of dwellings and of the general public. For the purpose of making such inspections, the Health Officer is hereby authorized to enter, examine and survey, at all reasonable times, all dwellings, dwelling units, rooming units and premises. The owner or occupant of every dwelling, dwelling unit and rooming unit or the person in charge thereof shall give the Health Officer free access to such dwelling, dwelling unit or rooming unit and its premises at all reasonable times for the purpose of such inspection, examination and survey. Every occupant of a dwelling or dwelling unit shall give the owner thereof or his agent or employee access to any part of such dwelling or dwelling unit or its premises at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this chapter or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this chapter.
A. 
Whenever the Health Officer determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter or of any rule or regulation adopted pursuant thereto, he shall give notice of such alleged violation to the person or persons responsible therefor as hereinafter provided. Such notice shall be put in writing, include a statement of the reasons why it is being issued, allow a reasonable time for the performance of any act it requires and be served upon the owner or his agent or upon the occupant, as the case may require, provided that such notice shall be deemed to be properly served upon such owner or agent or upon such occupant if a copy thereof is served upon him personally or if a copy thereof is sent by registered mail to his last known address or if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice or if he is served with such notice by any other method authorized or required under the laws of this state. Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto.
B. 
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter or of any rule or regulation adopted pursuant thereto may request and shall be granted a hearing on the matter before the Commissioner to whom the Health Officer shall be assigned by resolution of the Board of Commissioners of the Village, provided such person shall file in the office of the Village Clerk a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the day the notice was served. Upon receipt of such petition, the Commissioner to whom the Health Officer shall be assigned by resolution of the Board of Commissioners shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than 10 days after the day on which the petition was filed, provided that, upon application of the petitioner, the Commissioner to whom the Health Officer shall be assigned by resolution of the Board of Commissioners may postpone the date of the hearing for a reasonable time beyond such ten-day period if, in his judgment, the petitioner has submitted a good and sufficient reason for such postponement. After such hearing, the Commissioner to whom the Health Officer shall be assigned by resolution of the Board of Commissioners shall sustain, modify or withdraw the notice, depending upon his findings as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with. If the Commissioner to whom the Health Officer shall be assigned by resolution of the Board of Commissioners sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to this chapter shall automatically become an order if a written petition for a hearing is not filed in the office of the Village Clerk within 10 days after such notice is served. The proceedings at such hearing, including the findings and decision of the Commissioner to whom the Health Officer shall be assigned by resolution of the Board of Commissioners, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Village Clerk. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of such Commissioner may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this state.
C. 
Whenever the Health Officer finds that an emergency exists which requires immediate action to protect the public health or safety, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this chapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately but, upon petition to the Commissioner to whom the Health Officer shall be assigned by resolution, shall be afforded a hearing as soon as possible. After such hearing, depending upon his findings as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with, the Commissioner shall continue such order in effect or modify it or revoke it.
The Health Officer, subject to the approval of the same by a formal resolution of the Board of Commissioners, is hereby authorized and empowered to make and adopt such written rules and regulations as he may deem necessary for the proper enforcement of the provisions of this chapter, provided that such rules and regulations shall not be in conflict with the provisions of this chapter nor in anywise alter, amend or supersede any of the provisions thereof. The Health Officer shall file a certified copy of all rules and regulations which he may adopt in his office and in the office of the Village Clerk.
[Added 2-11-2025 by Ord. No. 2025-03]
A. 
Definitions. The following terms shall have the meanings indicated below pursuant to N.J.S.A. 52:27D-437.16 and N.J.A.C. 5:28A-1.2, both of which are incorporated by reference.
COMMISSIONER
Commissioner of the Department of Community Affairs.
COMMON INTEREST COMMUNITY
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. Common interest community includes, but is not limited to, condominiums and cooperative housing corporations.
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 (HUD) and as conducted pursuant to N.J.A.C. 5:28A-2.3.
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
A set of measures designed to permanently eliminate lead-based paint hazards, in accordance with the standards established by the DCA Commissioner at N.J.A.C. 5:17.
LEAD EVALUTION CONTRACTOR
A firm certified by the Department of Community Affairs to perform lead inspection and risk assessment work pursuant to N.J.A.C. 5:17. This includes the ability to perform dust wipe sampling.
LEAD FREE
Lead free means that a dwelling has been certified to have no lead-based paint or has undergone lead abatement, in accordance with N.J.A.C. 5:17.
LEAD SAFE
Lead safe means that a dwelling has been found to have no outstanding lead-based paint hazards. It does not mean that the dwelling is certified to be lead free.
LEAD-BASED PAINT
Paint or other surface coating material that contains lead in excess of 1.0 milligrams per centimeter squared or in excess of 0.5% by weight, or such other level as may be established by federal law.
LEAD-BASED PAINT HAZARD
Any condition that causes exposure to lead from lead-contaminated dust or lead-contaminated paint that is deteriorated or present on surfaces, that would result in adverse human health effects.
LEAD-FREE CERTIFICATION
Lead-free certification means the certificate 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
"Multiple dwelling" means 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 dwelling" 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
Tenant turnover means the time at which all existing occupants vacate a dwelling unit and all new tenants move into the dwelling unit or the time at which a new tenant enters a vacant dwelling unit.
VISUAL ASSESSMENT
A visual examination for deteriorated paint or visible surface dust, debris, or residue, and as conducted pursuant to N.J.A.C. 5:28A-2.3.
B. 
Standards. 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. (Lead Hazard Control Assistance Act) and implementing regulations at N.J.A.C. 5:28A-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.
C. 
Lead-based paint inspections by Village. The Village shall inspect every single-family, two-family, and multiple rental dwelling located within the Village at tenant turnover for lead-based paint hazards on or before July 22, 2024, whichever is earlier. Thereafter, all such units shall be inspected for lead-based paint hazards 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 Village shall charge the dwelling owner or landlord, and the dwelling owner or landlord shall pay the Village in advance of any inspection, applicable fees set forth in Subsection L, which fees shall be dedicated to meeting the costs of implementing and enforcing this section. For the purposes of this section, "Village" shall mean the Construction Code Official, Property Maintenance Official, Health Officer or designee, or other Village employee possessing the qualifications to perform the required inspections.
D. 
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 section, instead of the Village conducting the inspection. In the event that a dwelling owner or landlord directly hires such a lead evaluation contractor, "Village" shall also mean and include such privately hired lead evaluation contractor for purposes of this section.
E. 
Consultation with local health board. The Village 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.
F. 
Exceptions for inspections. Notwithstanding any language in Subsection C 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:
(1) 
Has been certified to be free of lead-based paint;
(2) 
Was constructed during or after 1978;
(3) 
Is in a multiple dwelling constructed prior to 1978 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 paint 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.);
(a) 
All multiple dwelling units constructed prior to 1978 that have been registered with the Department of Community Affairs for at least 10 years and that have a current certificate of inspection issued by the Department of Department of Community Affairs, Bureau of Housing Inspection, shall be exempt;
(b) 
All multiple dwelling units constructed prior to 1978 that have been registered with the Department of Community Affairs for at least 10 years with open inspections that have no violations for paint shall also be exempt;
(4) 
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
(5) 
Has a valid lead-safe certification issued in accordance with this section.
G. 
Remediation. If the Village finds that a lead-based paint hazard exists in a dwelling unit upon conducting an inspection pursuant to Subsection C, 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 seq.), and as set forth in N.J.A.C. 5:28A-2.5. Upon the remediation of the lead-based paint hazard, the Village shall conduct an additional inspection of the unit to certify that the hazard no longer exists.
H. 
Lead-safe certification. If the Village finds that no lead-based paint hazards exist in a dwelling unit upon conducting an inspection pursuant to Subsection C, or following remediation of a lead-based paint hazard pursuant to Subsection G, then the Village 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 Village pursuant to this section shall be valid for two years.
I. 
Property owner production of lead-safe certification.
(1) 
Property owners shall:
(a) 
Provide to the tenant and to the municipality, 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. 55:13A-1 et seq.), unless not required to have had an inspection by the Village pursuant to Subsection F.
(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 Village pursuant to Subsection F, 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 Village pursuant to Subsection F.
(2) 
The owner of any dwelling subject to this section shall inform the Village of all tenant turnover activity to ensure any required inspection may be scheduled.
(3) 
The owner of a dwelling shall provide a copy of this section, and any lead-safe certifications issued pursuant thereto, along with the accompanying guidance document, Lead-Based Paint in Rental Dwellings, to any prospective owners of the dwelling during a real estate transaction, settlement or closing.
J. 
Notification to commissioner of department of community affairs. If the Village finds that a lead-based paint hazard exists in a dwelling unit upon conducting an inspection pursuant to this section, then the Village 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).
K. 
Inspection of two or more dwelling units. If a lead hazard is identified in an inspection of one of the dwelling units in a building consisting of two or more dwelling units, then the Village 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 Village shall charge an additional fee as set forth in Subsection L of the Village Code for each additional inspection.
L. 
Fees. The following fees shall apply:
(1) 
Visual assessment inspection: $250 per dwelling unit.
(2) 
Dust wipe sampling: $395 per sample.
(3) 
Included in the fees charged for inspections, is a mandatory 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. 52:27D-437.10. 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.
(4) 
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.
M. 
Inspections as a result of testing of children of six years of age or younger.
(1) 
If less than 3% of children tested in the Village, 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 Village may inspect a dwelling located therein for lead-based paint hazards through visual assessment, in the manner forth in N.J.A.C. 5:28A-2.3.
(2) 
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 Village shall inspect a dwelling located therein through dust wipe sampling.
N. 
Violations and penalties.
(1) 
The Village 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 Village 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. Remediation efforts shall be considered to be initiated with the dwelling owner has hired a lead abatement contractor or other qualified party to perform lead-hazard control methods.
(2) 
Pursuant to N.J.A.C. 5:28A-2.1(d), the Village shall exercise appropriate oversight of a landlord or owner who chooses to hire a lead evaluation contractor to perform the periodic lead-based paint inspection.