The following types of premises are exempt from
this chapter:
A. Owner-occupied single-family dwellings and/or premises.
B. Any premises newly constructed after 1978. This means that no part
of the structure was in existence in 1978 or earlier.
C. 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.
D. 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.
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.