[HISTORY: Adopted by the Township Committee of the Township
of Delaware 12-26-1967 (Sec. 8-2 of the 1985 Revised General Ordinances). Amendments
noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 158.
Pursuant to the provisions of Chapter 21, P.L. 1946 (N.J.S.A.
40:49-5.1), the New Jersey State Housing Code, as approved by the
Departments of Health and Conservation and Economic Development and
filed in the Secretary of State's office, is hereby accepted, adopted
and established as a standard to be used as a guide in determining
whether dwellings in this municipality are safe, sanitary and fit
for human habitation and rental.
Three copies of the New Jersey State Housing Code have been
placed on file in the office of the Township Clerk and are available
to all persons desiring to use and examine the same.
[Amended 12-26-1967]
No person shall occupy as owner, occupant or rent to another
for occupancy any dwelling or dwelling unit for the purpose of living
therein which does not conform to the provisions of the New Jersey
State Housing Code established hereby as the standard to be used in
determining whether a dwelling is safe, sanitary and fit for human
habitation.
[Added 12-12-2022 by Ord. No. 2022-11[1]]
A.
DUST WIPE SAMPLING
TENANT TURNOVER
VISUAL ASSESSMENT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
B.
Inspections. Subject to the provisions of this section, a dwelling owner of any such rental dwelling shall not permit any tenant turnover without first complying with this section. The dwelling owner or landlord shall 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 N.J.S.A. 52:27D-437 et seq. and this section, and the term "Construction Code Official" shall also mean and include such lead evaluation contractor for purposes of this section (except for the purposes of Subsection L).
C.
Consultation with local health board. The Construction Code Official
or such lead evaluation contractor with the duty to inspect single-family,
two-family, and multiple rental dwellings pursuant to this section
may consult with the local health board, the State of New Jersey Department
of Health, 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.
D.
Exceptions for inspections. Notwithstanding anything in Subsection B 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:
(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 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.;
(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
section.
E.
Remediation. If the Construction Code Official finds that a lead-based paint hazard exists in a dwelling unit upon conducting an inspection pursuant to Subsection B, 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 seq. Upon the remediation of the lead-based paint hazard, the Construction Code Official 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 in the amount $75 for such additional inspection.
F.
Lead-safe certification. If the Construction Code Official finds that no lead-based paint hazards exist in a dwelling unit upon conducting an inspection pursuant to Subsection B or following remediation of a lead-based paint hazard pursuant to Subsection E, then the Construction Code Official 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 pursuant to this section shall be valid for two years.
G.
Production of lead-safe certification. Beginning on the effective
date of N.J.S.A. 52:27D-437.16 et seq., property owners shall:
(1)
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 pursuant to Subsection D(1), (2), or (3);
(2)
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 pursuant to Subsection D(1) through (4) and shall affix a copy of such certification as an exhibit to the tenant's or tenants' lease; and
(3)
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 pursuant to Subsection D(1) through (4).
H.
Notification to Commissioner of Community Affairs. If the Construction
Code Official finds that a lead-based paint hazard exists in a dwelling
unit upon conducting an inspection pursuant to this section, then
the Construction Code Official 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.
I.
Inspection of buildings with two or three dwelling units. 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 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 an additional fee in the amount of $75.
J.
Fees. In addition to the fees charged for inspection of rental housing,
$75, the Township shall assess an additional fee of $20 per unit inspected
by the Construction Code Official 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.
K.
Inspections as a result of testing children six years of age or younger.
(1)
If less than 3% of children tested in the Township, 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 may inspect a dwelling located
therein for lead-based paint hazards through visual assessment.
(2)
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 shall inspect
a dwelling located therein through dust wipe sampling.
(3)
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 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.
L.
Penalties. The Township and the Construction Code Official 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 section. If the Township or the Construction Code Official
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 initiating 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.
