When used in this article, all terms shall have the same meanings as defined in N.J.A.C. 5:28A-1.2, as the same may be amended from time to time.
N.J.S.A. 52:27D-437 et seq. (P.L. 2021, c. 182) requires that a certified lead evaluation contractor perform inspections of certain single-family, two-family, and multifamily residential rental dwellings for lead-based paint hazards. The dwelling owners/landlords are required by state law to have the inspection performed by either an inspector retained by the Township or by directly hiring a certified lead evaluation contractor for this purpose.
A. 
All residential rental dwelling units required to be inspected under state law must initially be inspected for lead-based paint upon tenant turnover, but the first inspection must take place no later than July 22, 2024, in the event there has been no tenant turnover before that date.
B. 
After the initial inspection, all units required to be inspected shall be inspected for lead-based paint hazards every three years, or upon tenant turnover, whichever is earlier. An inspection upon tenant turnover is not required if the owner has a valid lead-safe certificate. Lead-safe certificates are valid for two years. If the lead-safe certificate has expired, and there will be a tenant turnover, an inspection will be necessary before the three-year inspection.
C. 
In the event the owner of a residential dwelling unit subject to this article fails to submit a required lead-safe certification, the Township shall perform an inspection in conformance with the procedures set forth in N.J.A.C. 5:28A-2.3 utilizing a qualified staff member or a certified lead evaluation contractor hired by the Township. The following shall apply:
(1) 
The Township shall charge the dwelling unit owner a fee sufficient to cover the cost of the periodic lead-based inspection, including the cost of hiring a lead evaluation contractor, where applicable. The fee for an inspection or reinspection shall be certified by and established in a resolution adopted by the Township Committee with respect to each unit that is inspected. In the event any fee so established remains unpaid, the certified fee shall be provided to the Township Tax Collector and established as a lien on the property wherein the dwelling unit is situate.
(2) 
If a lead-based paint hazard is identified in an inspection, the owner of the dwelling unit shall be responsible for remediation to be conducted consistent with the requirements of N.J.A.C. 5:28A-2.5. Upon the remediation of the lead-based paint hazard, the qualified staff member or a certified lead evaluation contractor hired by the Township shall conduct an additional inspection of the unit to certify that the hazard no longer exists.
(3) 
If no lead-based paint hazards are identified, then the qualified staff member or a certified lead evaluation contractor hired by the Township shall certify the unit as lead-safe on a form prescribed by the Department of Community Affairs, which shall be valid for two years.
All single-family, two-family, and multiple rental dwellings must be inspected, except for the following dwellings which are exempt:
A. 
Dwellings that were constructed during or after 1978.
B. 
Single-family and two-family seasonal rental dwellings which are rented for less than six months' duration each year by tenants that do not have consecutive lease renewals.
C. 
Dwellings that are certified to be free of lead-based paint pursuant to N.J.A.C. 5:17-3.16(b).
D. 
Multiple rental dwellings that have been registered with the Department of Community Affairs for at least 10 years and have no outstanding lead 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).
E. 
Dwellings with a valid lead-safe certificate issued pursuant to P.L. 2021, c. 182. Lead-safe certificates are valid for two years from the date of issuance.
A. 
Owners/landlords of all dwellings subject to the inspection requirements under this article shall register their unit(s) with the Township and provide the Township with up-to-date information on inspection schedules, inspection results, and tenant turnover.
B. 
An owner/landlord shall provide the Township with a copy of any lead-free certification issued pursuant to N.J.A.C. 5:17 for their unit(s).
C. 
The owner/landlord of a dwelling unit subject to this article shall provide to each tenant and to the Township evidence of a valid lead-safe certification at the time of tenant turnover and shall affix a copy of each such certification to each tenant lease.
The fees for lead-based paint inspections in residential rental dwellings shall be:
A. 
New Jersey certified lead paint inspector/risk assessor inspection or reinspection: as set forth in § 67-9C(1).
B. 
NJ DCA required inspection fee: $20 per inspection.
C. 
Lead wipe sample analysis (where required). The number of wipe samples will be determined by what is required by the State of New Jersey: $35 per wipe sample analysis.
D. 
The fee for filing a lead-safe certification or lead-free certification shall be $50.
E. 
The fees collected pursuant to this section shall be dedicated to meeting the costs of implementing and enforcing this article and shall not be used for any other purpose.
F. 
In a common interest community, any fee charged pursuant to this section shall be the responsibility of the unit owner and not the homeowners' association, unless the association is the owner of the unit.
A. 
A property owner/landlord within the Township shall comply with the requirements of N.J.S.A. 52:27D-437 et seq. (P.L. 2021, c. 182) and this article. If a Township official determines that a property owner/landlord has failed to comply with the inspection requirements of this article, the property owner/landlord shall be given a thirty-day notice to cure any violation by ordering the necessary inspection or by initiating remediation. If the property owner/landlord has not cured the violation within 30 days, the property owner/landlord shall be subject to a penalty not to exceed $1,000 per week until the required inspection has been conducted or remediation efforts initiated.
B. 
Any other violation of the provisions of this article shall be subject to a fine of not less than $50 nor more than $500 for each offense.