[HISTORY: Adopted by the Board of Commissioners of the Borough
of Wildwood Crest 9-6-2023 by Ord. No. 1408. Amendments noted where
applicable.]
The following definitions shall apply to this article:
A condominium or homeowners' association or other real
estate development, in which the property is burdened by servitudes
requiring property owners and/or unit 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 (HUD) and as conducted
pursuant to N.J.A.C. 5:28A-2.3.
A building containing a room or rooms, or suite, apartment,
unit, or space, that is rented and occupied, or intended to be rented
and occupied, for sleeping and dwelling purposes by one or more persons.
A unit within a building that is rented and occupied, or
intended to be rented and occupied, for sleeping and dwelling purposes
by one or more persons.
A set of measures designed to reduce, temporarily, human
exposure or likely exposure to lead-based paint hazards, including
specialized cleaning, repairs, maintenance, painting, temporary containment,
ongoing monitoring of lead-based paint hazards or potential hazards,
and the establishment and operation of management and resident education
programs, or the term as it is defined pursuant to 42 U.S.C. § 4851b
and the regulations adopted pursuant thereto.
A set of measures designed to permanently eliminate lead-based
paint hazards, in accordance with standards established by the Commissioner
at N.J.A.C. 5:17.
A firm certified by the Department to perform lead inspection
and risk assessment work pursuant to N.J.A.C. 5:17. This includes
the ability to perform dust wipe sampling.
A dwelling has been certified to have no lead-based paint
or has undergone lead abatement in accordance with N.J.A.C. 5:17.
An individual certified by the New Jersey Department of Health
to perform lead inspection and risk assessment work pursuant to N.J.A.C.
8:62. This includes the ability to perform dust wipe sampling.
A dwelling has been found to have no outstanding lead-based
paint hazards. It does not mean that the dwelling is certified to
be lead free.
Paint or other surface coating material that contains lead
in excess of 1.0 milligrams per centimeter squared or in excess of
0.5% by weight, or such other level, as may be established by federal
law.
Any condition that causes exposure to lead from lead-contaminated
dust or lead-contaminated paint that is deteriorated or present on
surfaces that would result in adverse human health effects.
The certificate issued, in accordance with N.J.A.C. 5:17,
which states that there is no lead-based paint, or that the dwelling
has undergone lead abatement in accordance with N.J.A.C. 5:17.
The certification issued pursuant to this article, which
confirms that a periodic lead-based paint inspection was performed
and no lead-based paint hazards were found.
Any building or structure and any land appurtenant thereto,
and any portion thereof, in which three or more dwelling units are
occupied or intended to be occupied by three or more persons living
independently of each other.
The initial inspection of all applicable dwelling units at
the earlier of two years from July 22, 2022, or tenant turnover, and
thereafter the earlier of three years or upon tenant turnover, consistent
with N.J.A.C. 5:28A-2.1, for the purposes of identifying lead-based
paint hazards in dwellings.
Interim controls or lead abatement work undertaken in conformance
with this article to address lead-based paint hazards.
The time at which all existing occupants vacate a dwelling
unit and all new tenants move into the dwelling unit or the time at
which a new tenant enters a vacant dwelling unit.
A visual examination for deteriorated paint or visible surface
dust, debris, or residue and as conducted pursuant to N.J.A.C. 5:28A-2.3.
A.
The owner, and/or its agent, of every single-family, two-family,
and multiple dwellings shall be required to obtain an inspection upon
tenant turnover or within two years of the effective date of July
22, 2022, in accordance with this article. Thereafter, all such dwelling
units shall be inspected for lead-based paint hazards every three
years or upon tenant turnover, whichever is earlier, except that an
inspection shall not be required at tenant turnover if the dwelling
unit owner has a valid lead-safe certification for the dwelling unit.
In all scenarios, the next periodic lead-based paint inspection shall
be counted from the most recent periodic lead-based paint inspection
which resulted in a valid lead-safe certification.
B.
A lead evaluation contractor retained by the Borough shall inspect
every single- family, two-family, and multiple rental dwelling located
within the Borough for lead-based paint hazards through visual assessment
and dust wipe sampling in accordance with N.J.S.A. 52:27D-437.1 et
seq., as may be amended from time to time.
C.
The property owner may, in lieu of having the dwelling inspected
by the Borough's lead evaluation contractor, directly hire a
private lead evaluation contractor who is certified to provide lead
paint inspection services by the Department of Community Affairs to
perform the lead-based paint inspection in accordance with N.J.S.A.
52:27D-437.1 et seq., as may be amended from time to time.
This article applies to all rental single-family, two-family,
and multiple dwelling units with the exception of those set forth
below which shall be exempt from the requirements of this article
and, thus, shall not be subject to periodic lead-based paint inspection
and evaluation for the presence of lead-based paint hazards:
A.
Dwelling units that were constructed during or after 1978;
B.
Single-family and two-family seasonal rental dwelling units that
are rented for less than six months' duration each year by tenants
that do not have consecutive lease renewals;
C.
Dwelling units that have been certified to be free of lead-based
paint, pursuant to N.J.A.C. 5:17, as may be amended from time to time;
D.
Multiple rental dwelling units constructed prior to 1978 that have
been registered with the Department for at least 10 years and have
no outstanding paint violations from the most recent cyclical inspection
performed on the multiple dwelling pursuant to the Hotel and Multiple
Dwelling Law, N.J.S.A. 55:13A-1 et seq., and N.J.A.C. 5:10, as may
be amended from time to time.
(1)
All multiple dwelling units constructed prior to 1978 that have been
registered with the Department for at least 10 years and that have
a current certificate of inspection issued by the Department of Community
Affairs, Bureau of Housing Inspection, shall be exempt from this article;
(2)
All multiple dwelling units constructed prior to 1978 that have been
registered with the Department for at least 10 years with open inspections
that have no violations for paint shall also be exempt from this article.
E.
Dwellings with a valid lead-safe certification issued pursuant to
this article. Lead-safe certifications are valid for two years from
the date of issuance pursuant to N.J.A.C. 5:28A-2.4, as may be amended
from time to time.
If, following inspection, a lead evaluation contractor finds
that no lead-based paint hazard exists in a dwelling unit, the lead
evaluation contractor shall certify the dwelling unit as lead safe
on the form prescribed by the Department of Community Affairs.
A.
The lead-safe certification shall be valid for a period of two years
from the date of issuance.
(1)
If, during the two-year certification period, a lead evaluation contractor,
lead inspector/risk assessor, a local health department, or a public
agency conducts an independent inspection or risk assessment and determines
that there is a lead-based paint hazard, the lead-safe certification
issued pursuant to this article shall be invalid. A periodic lead-based
paint inspection shall be scheduled upon the conclusion of remediation,
in accordance with N.J.A.C. 5:28A-2.5(e), as may be amended from time
to time.
(2)
Where an independent inspection or risk assessment determines that
there is a lead-based paint hazard, the inspector/risk assessor shall
inform the municipality of the results of the inspection.
(3)
The lead-safe certification shall not exempt the dwelling from any
other law that would require a lead inspection/risk assessment.
B.
A copy of the lead-safe certification shall be provided to the owner
of the dwelling. If a lead evaluation contractor issues the lead-safe
certification, a copy shall also be provided to the municipality at
the time it is issued.
C.
If a lead evaluation contractor or permanent local agency finds that
a lead-based paint hazard exists in a dwelling unit, they shall notify
the Department of Community Affairs for review of the findings, in
accordance with the Lead Hazard Control Assistance Act.[1]
(1)
If a lead-based paint hazard is identified in an inspection of one
of the dwelling units in a building consisting of two or three dwelling
units, then the lead contractor or permanent local agency shall inspect
the remainder of the building's dwelling units, with the exception
of those dwelling units that have been certified to be free of lead-based
paint or which have a valid lead-safe certification.
(2)
The owner and/or agent of the owner of the dwelling unit shall be
responsible for remediation of the lead-based paint hazard. Remediation
must be conducted consistent with the requirements at N.J.A.C. 5:28A-2.5,
as may be amended from time to time.
[1]
Editor's Note: See 52:27D-437.1 et seq.
A.
Where a lead-based paint hazard exists in a dwelling, the owner or
agent of the owner shall remediate the hazard by using either abatement
or interim controls. The owner or agent of the owner shall choose
the appropriate remediation mechanism.
B.
Interim controls shall be performed in accordance with the requirements
of the United States Department of Housing and Urban Development at
42 U.S.C. § 4851b and detailed within the HUD Guidelines
for the Evaluation and Control of Lead-Based Paint Hazards in Housing.
C.
Abatement work shall be performed in accordance with the requirements
in the lead hazard evaluation and abatement regulations, N.J.A.C.
5:17, as may be amended from time to time.
D.
Any relocation of tenants required pursuant to a remediation shall
be undertaken in accordance with applicable law.
E.
Upon conclusion of the remediation, the following procedure shall
be followed:
(1)
If the owner or agent of the owner utilized interim controls for
remediation, the lead evaluation contractor shall conduct an additional
inspection within 60 days of the initial inspection by using dust
wipe sampling. If the inspection shows that the hazard no longer exists,
the lead evaluation contractor shall certify the unit as lead safe
on the form prescribed by the Department of Community Affairs. The
certification shall be valid for a period of two years from the date
of issuance; and
(2)
If the owner or agent of the owner utilized abatement for remediation
and a lead abatement clearance certificate has been issued by the
local enforcing agency in accordance with N.J.A.C. 5:17, then the
lead-free certificate issued at the final clearance inspection shall
exempt the dwelling from future periodical lead-based paint inspections.
A.
The owner or agent of an owner of a dwelling that is subject to this
article shall provide to the tenant and to the Borough evidence of
a valid lead-safe certification obtained pursuant to this article
at the time of tenant turnover. The owner or agent of the owner shall
also affix a copy of any such certification as an exhibit to the tenant's
lease.
B.
The owner or agent of an owner of a multiple dwelling that is subject
to this article shall provide evidence of a valid lead-safe certification
obtained pursuant to this article, as well as evidence of the most
recent tenant turnover, at the time of any cyclical inspection performed
pursuant to the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1
et seq.
C.
The owner or agent of an owner of a dwelling that is subject to this
article shall maintain a record of the lead-safe certification, which
shall include the name or names of a unit's tenants if the inspection
was conducted during a period of tenancy.
D.
The owner or agent of any dwelling subject to this article shall
inform the Borough of all tenant turnover activity to ensure any required
inspection may be scheduled.
E.
The owner or agent of an owner of a dwelling shall provide a copy
of this article, and any lead-safe certifications issued pursuant
thereto, along with the accompanying guidance document, Lead-Based
Paint in Rental Dwellings, to any prospective owners of the dwelling
during a real estate transaction, settlement, or closing.
The fees for a lead-based paint inspection shall be as follows:
A.
The fee for a visual assessment and dust wipe sampling inspection
performed by the Borough's lead inspector shall be $200 for a
dwelling unit that has one bedroom. There shall be an additional fee
of $20 for each additional bedroom in the dwelling unit. A reinspection
will carry a fee of $50. See attached Fee Schedule.[1]
[1]
Editor's Note: The Lead-Based Paint Inspection Fee Schedule is included as an attachment to this chapter.
B.
The fee for the filing of a lead-safe certification or lead-free
certification shall be $25.
C.
In a common interest community, any inspection fee charged shall
be the responsibility of the unit owner and not the homeowners'
association, unless the association is the owner of the unit.
D.
In accordance with N.J.S.A. 52:27D-437.16(h), an additional fee of
$20 per dwelling unit inspected by the Borough's lead inspector
or the owner's private lead inspector shall be assessed for the
purposes of the Lead Hazard Control Assistance Act unless the unit
owner demonstrates that the 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 N.J.S.A. 52:27D-437.19, the penalties for
a violation of the provisions of this article shall be as follows:
A.
If a property owner and/or agent of a property owner has failed to
conduct the required inspection or initiate any remediation efforts,
the owner and/or agent of the owner shall be given 30 days to cure
the violation.
B.
If the property owner and/or agent of the property owner has not
cured the violation after 30 days, the property owner and/or agent
of 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.
