[Adopted 2-6-2023 by Ord. No. 1754]
The following definitions shall apply to this article:
The Lead Hazard Control Assistance Act, P.L. 2003, c. 311
(N.J.S.A. 52:27D-437.1 et seq.), as may be amended from time to time.
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.
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.
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. 5:17-1.1 et seq. This includes the ability to perform
dust wipe sampling.
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.
The time at which all current occupants vacate a dwelling
unit and new tenants begin to occupy the dwelling unit.
A visual examination for deteriorated paint or visible surface
dust, debris, or residue.
A person that is certified to perform a visual assessment.
A.
The owner and/or landlord of every single-family, two-family, and
multiple-rental dwelling located within the Borough of Collingswood
shall cause their property to be inspected for lead-based paint hazards
through visual assessment and dust wipe sampling in accordance with
the Act. 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.
B.
An initial inspection for lead-based paint hazards shall occur before
July 22, 2024, or at tenant turnover, whichever is earlier. Thereafter,
all such dwelling units shall be inspected at tenant turnover, or
every three years, whichever is earlier.
C.
In accordance with the Act, 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 dwelling
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 that has been registered with the New Jersey
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 (N.J.S.A. 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 tenants
that do not have consecutive lease renewals; or
(5)
Has a valid lead-safe certification issued in accordance with this
article.
D.
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.
E.
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 years from the date of issuance.
F.
In accordance with the Act, the owner and/or landlord of every single-family,
two-family, and multiple-rental dwelling located within the Borough
shall:
(1)
Provide a copy of a current lead-safe certification and the most
recent tenant turnover to the Borough at the time of the annual inspection.
(2)
Provide a copy of current lead-safe certification to new tenants
of the property at the time of tenant turnover and shall affix a copy
of such certification as an exhibit to the tenant's or tenants'
lease.
(3)
Maintain a record of the lead-safe certification, which shall include
the name(s) of the dwelling unit's tenant(s) if the inspection
was conducted during a period of tenancy.
G.
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 as follows:
(1)
The fee for a visual assessment and dust wipe sampling inspection
shall be $650 per individual dwelling unit. To the extent further
inspection is required as provided under the Act, the fee shall be
$1,200 per individual dwelling unit.
(2)
The fee for the filing of a lead-safe certification or lead-free
certification shall be $25.
(3)
In a common interest community, any inspection fee charged shall
be the responsibility of the individual unit owner and not the homeowners'
association, unless the association is the owner of the unit.
(4)
In accordance with N.J.S.A. 52:27D-437.16h, an additional fee of
$20 per dwelling unit inspected by the Borough's Lead Inspector
or the owner and/or landlord's private lead inspector shall be
assessed for the purposes of the Act, unless the owner and/or landlord
demonstrates that the New Jersey Department of Community Affairs has
already assessed an additional inspection fee of $20. The fees collected
pursuant to this subsection shall be deposited into the Lead Hazard
Control Assistance Fund.
In accordance with the Act, the penalties for a violation of
this article shall be as follows:
A.
If an owner and/or landlord has failed to conduct the required inspection
or initiate any remediation efforts, the owner and/or landlord shall
be given 30 days to cure the violation.
B.
If the owner and/or landlord has not cured the violation after 30
days, the owner and/or landlord 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.
