[HISTORY: Adopted by the City Council of the City of Paterson 2-19-1985 by Ord. No. 85-019 (Ch. 13, Art. 30, of the 1979 Revised General Ordinances of Paterson); amended in its entirety 4-13-2010 by Ord. No. 10-019. Subsequent amendments noted where applicable.]
For purposes of this chapter, the following terms shall have the meanings indicated:
- ACCESSORY STRUCTURE
- Any building or structure, whether it is attached or detached from the dwelling, located on the same property as the dwelling, including but not limited to garages, storage sheds and similar structures.
- CERTIFICATE OF EXEMPTION
- A certificate from the Health Officer or his designee stating that a dwelling and/or premises is exempt from inspection pursuant to this chapter.
- CERTIFICATE OF INSPECTION
- A certificate from the Health Officer or his designee stating that a dwelling and/or premises has been inspected pursuant to this chapter. The certificate shall also indicate the results of the inspection.
- The Division of Health of the City.
- Any building or structure or portion thereof which is occupied in whole or in part as the home, residence or sleeping quarters of one or more persons and includes any dwelling unit, rooming house or rooming unit and any facility occupied or used by children, other than those buildings specifically exempted from this chapter as set forth in § 351-2 below.
- An employee of the Division of Health or a City employee of any other department who has received the proper training to conduct lead inspections and risk assessments.
- A dwelling and any accessory structure.
All other definitions set forth in N.J.S.A. 24:14A-4 and N.J.A.C. 8:51-1.1 et seq. and any amendments thereto are incorporated by reference.
Purpose. The purpose of this chapter is to protect the health of the residents of Paterson by establishing requirements to disclose the presence of any potentially dangerous lead paint found at the time of inspection to any proposed occupants of the premises. Disclosure will allow those occupants to make informed judgments in order to protect vulnerable occupants against the hazards of lead paint. Lead paint is especially dangerous to children as it can impact the growth and development of a child's brain and central nervous system.
The following types of premises are exempt from this chapter:
Owner-occupied single-family dwellings and/or premises.
Any premises newly constructed after 1978. This means that no part of the structure was in existence in 1978 or earlier.
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.
A request for a certificate of exemption pursuant to this chapter shall be made in writing to the Division, on forms prescribed by the Division, together with proof satisfactory to the Division and a fee for the certificate in the amount of $50. A duplicate or replacement certificate of exemption may be obtained for a fee of $25.
A certificate of inspection shall be obtained from the Division of Health by the owner of every dwelling and accessory structure subject to the provisions of this chapter immediately prior to allowing occupancy or possession of the dwelling and accessory structure by a tenant.
In no case shall an inspection be considered as immediately prior to a new tenancy if it is conducted more than 365 days prior to the new tenancy. A revised certificate of inspection may be issued for a new tenant without a new inspection within 365 days of the last inspection, upon request by the owner and payment of a fee of $25.
The inspection provisions of this chapter shall be fully applicable prior to allowing occupancy or possession of the dwelling and accessory structure by a tenant.
The owner of the premises being inspected shall be responsible for granting all necessary access to the premises for the inspector. In many cases, this will require the removal of furniture, equipment or stored items, as the inspector requires. In the event that the owner of the premises does not provide necessary access to the premises, the inspector is required to presume that lead paint is present in the inaccessible area, and will issue a written report to that effect. Any necessary reinspection will require an additional payment of full inspection fees.
In the event that any premises are inspected twice within a five-year period, and it is determined that there is no lead paint in the components tested, and if reasonable access has been provided, then the Division of Health shall issue a certificate of inspection which is valid for a period of five years. During this five-year period, the premises so inspected shall not require an additional certificate of inspection before a re-rental certificate may be issued by the City of Paterson. Upon expiration of this five-year period, a new inspection will be required under the terms of this chapter.
The required certificate of inspection shall be issued only after the premises shall have been physically inspected by a Division of Health inspector to ascertain whether lead paint exists at the premises.
Upon inspection for re-rental of an apartment or portion of a multifamily home, the inspector shall also inspect not only the unit being rented but also the common areas of the building and any accessory structures. The inspector shall also have the right, at his discretion, to inspect any other rental or dwelling unit within the same building, the cost of the inspections to be assessed to the owner pursuant to § 351-5. In the event that lead-based paint is present, the inspector shall also have the right, at his discretion, to inspect all other dwelling units on the premises and all accessory structures, the cost of the inspections to be assessed to the owner pursuant to § 351-5.
Requests for inspections pursuant to this chapter shall be made, in writing, to the Division of Health, on forms prescribed by the City of Paterson, Division of Health.
Any such application shall include the name(s) and address(es) of the proposed tenants for re-rentals.
The names and addresses so provided shall be certified to be accurate.
Failure to provide the names and addresses or any other information on the application form as required shall result in no inspection taking place and no certificate of inspection being issued.
Providing false or inaccurate information shall constitute a violation of this chapter and subject the violator to the penalties prescribed herein.
The owner or prospective contract purchaser of any building not subject to this chapter, including but not limited to owner-occupied single-family homes, may request that an inspection be performed pursuant to this section and receive a copy of the results of the inspection. However, request of the voluntary inspection does not obligate the owner of the buildings to obtain a certificate of inspection.
A request for lead paint inspection to the Division shall be accompanied by a fee of $175 for a single-family, two-family or three-family dwelling for the first unit inspected, plus an additional fee of $75 for each additional unit inspected. For the reduced fee to be applied, all inspections must be scheduled for the same day and time. By way of example, the inspection of two units in a two-family home on one scheduled day shall require a fee of $250. The inspection of three units in a three-family dwelling on the same day shall require a fee of $325.
Multifamily premises. The initial inspection fee for multifamily dwellings containing more than three dwelling units shall be $175 for the initial unit inspected, plus $75 per additional dwelling unit for all units inspected on the same scheduled inspection day. By way of example, the inspection fee for four units in a four-family dwelling shall be $400.
If an inspection uncovers lead-based paint at the premises, the Division shall notify the property owner, contract purchaser in the case of a voluntary inspection and, in cases of re-rentals, the proposed occupants, in writing, of the presence of lead-based paint. For purposes of this section, written notification by regular and certified mail, to the individuals listed on the application at the addresses listed, shall be sufficient notification by the Division.
Any person found in violation of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $1,000 or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
The Division shall create and maintain a registry of exempt premises in the City of Paterson and shall, upon request and payment of a fee of $50, issue a certificate of exemption.
In the event that the Division of Health receives a complaint alleging the presence of lead-based paint at a premises, which the Health Officer or his designee determines requires an inspection or investigation consistent with existing law, the inspector may inspect not only the dwelling unit which is the subject of the complaint but, in the case of multifamily dwellings, the inspector may inspect all common areas and all other dwelling units within the same building, the cost to be assessed to the owner pursuant to § 351-5.
Nothing herein is intended to supersede any other ordinances or regulations of the City of Paterson. Further, nothing herein is intended to supersede federal or state statutes, rules or regulations, including but not limited to N.J.S.A. 24:14A-1 et seq., N.J.A.C. 8:51-1.1 et seq., or any other applicable laws or regulations.