[HISTORY: Adopted by the Mayor and Council of the Borough
of Franklin 10-24-2023 by Ord. No. 15-2023. Amendments noted
where applicable.]
The following terms shall have the meanings indicated below
pursuant to N.J.S.A. 52:27D-437.16 as may be amended and which is
incorporated by reference.
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.
The time at which all existing occupants vacate a dwelling
unit and all new tenants move into the dwelling unit.
A visual examination for deteriorated paint or visible surface
dust, debris, or residue.
Subject to the exceptions set forth in this chapter, the Construction
Code Official, a designee, or a certified lead evaluation contractor
hired by the Borough shall inspect every single-family, two-family,
and multiple-rental dwelling located within the Borough at tenant
turnover for lead-based paint hazards or by 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 chapter. The Borough shall charge the dwelling
owner or landlord, and the dwelling owner or landlord shall pay the
Borough in advance of any inspection, a fee sufficient to cover the
cost to the Borough of the inspection, which shall be dedicated to
meeting the costs of implementing and enforcing this chapter.
The dwelling owner or landlord may directly hire a lead evaluation contractor who is certified to provide lead paint inspection services by the New Jersey Department of Community Affairs to satisfy the requirements of § 164-2 instead of the Borough conducting the inspection. In the event that a dwelling owner or landlord directly hires such a lead evaluation contractor, the term "Construction Code Official" shall also mean and include such lead evaluation contractor for purposes of this chapter (except for the purposes of § 164-13).
The Construction Code Official, designee, or certified lead
evaluation contractor responsible for inspecting single-family, two-family,
and multiple rental dwellings pursuant to this chapter may consult
with the local health board, the State of New Jersey Department of
Health, and/or the State of New Jersey 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.
Notwithstanding any language in § 164-2 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:
A.
Has been certified to be free of lead-based paint;
B.
Was constructed during or after 1978;
C.
Is in a multiple dwelling that has been registered with the State
of 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 (N.J.S.A. 55:13A-1 et seq.);
D.
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
E.
Has a valid lead-safe certification issued in accordance with this
section.
If the Construction Code Official, designee, or certified lead evaluation contractor finds that a lead-based paint hazard exists in a dwelling unit upon conducting an inspection pursuant to § 164-2, 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 al.). Upon the remediation of the lead-based paint hazard, the Construction Code Official, designee, or certified lead evaluation contractor shall conduct an additional inspection of the unit to certify that the hazard no longer exists. The Construction Code Official shall charge an additional fee sufficient to cover the cost to the Borough for such additional inspection.
If the Construction Code Official, designee, or certified lead evaluation contractor finds that no lead-based paint hazards exist in a dwelling unit upon conducting an inspection pursuant to § 164-2 or following remediation of a lead-based paint hazard pursuant to § 164-6, then the Construction Code Official, designee, or certified lead evaluation contractor shall certify the dwelling unit as lead-safe on a form prescribed by the New Jersey 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 Construction Code Official, designee, or certified lead evaluation contractor shall be valid for two years.
Beginning on July 22, 2024, property owners shall:
A.
Provide 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. 55:13A1 et seq.), unless not required to have had an inspection by the Construction Code Official, designee, or certified lead evaluation contractor pursuant to Subsections A, B, or C of § 164-5;
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 Construction Code Official, designee, or certified lead evaluation contractor pursuant to Subsections A, B, C, and D of § 164-5, 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 Construction Code Official, designee, or certified lead evaluation contractor pursuant to Subsections A, B, C, and D of § 164-5.
If the Construction Code Official, designee, or certified lead
evaluation finds that a lead-based paint hazard exists in a dwelling
unit upon conducting an inspection pursuant to this chapter, then
the inspector 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).
If a lead hazard is identified in an inspection of one of the
dwelling units in a building consisting of two- or three-dwelling
units, then the Construction Code Official, designee, or certified
lead evaluation contractor 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 Constriction
Code Official may charge an additional fee sufficient to cover the
cost to the Borough of the inspection.
In addition to the fees charged for inspection of rental housing
as set forth in this ordinance, the Borough shall assess an additional
fee of $20 per unit inspected for the purposes of the Lead Hazard
Control Assistance Act (N.J.S.A. 52:27D-437.1 et seq.) concerning
lead hazard control work, 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.
In a common interest community, any inspection 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. 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.
A.
If less than 3% of children tested in the Borough, 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 State of 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 Construction Code Official, designee, or certified lead evaluation
contractor may inspect a dwelling located therein for lead-based paint
hazards through visual assessment.
B.
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 State of
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 Construction Code Official, designee,
or certified lead evaluation contractor shall inspect a dwelling located
therein through dust wipe sampling.
C.
If a lead hazard is identified in an inspection of one of the dwelling
units in a building consisting of two or three dwelling units, then
the Construction Code Official, designee, or certified lead evaluation
contractor 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 Construction
Code Official may charge fees in accordance with this section for
such additional inspections.
The Borough and the Construction Code Official, designee, or
certified lead evaluation contractor 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 chapter. If
the Borough or the inspector 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.
