[Adopted 12-21-2022 by Ord. No. 23-2022]
It is hereby established that the existence of lead service
lines is prohibited in the City of Brigantine.
As used in this article, the following terms shall have the
meanings indicated:
The City of Brigantine.
A licensed vendor that contracts with the City of Brigantine
to replace lead service lines.
A building or structure or part thereof containing one or
more dwelling units. This article shall also apply to buildings and
structures that are not used for residential purposes.
Any room or group of rooms or any part thereof located within
a building and forming a single habitable unit with facilities which
are used or designed to be used for living, sleeping, cooking, eating,
or bathing.
Any condition that does not allow access or exposure to lead,
in any form, to the extent that adverse human health effects are possible.
The water supply connection that is made of, or lined with,
a material consisting of lead, and which connects a water main to
a building inlet. A lead pigtail, lead goose neck, or other lead fitting
shall be considered to be a lead service line, regardless of the composition
of the service line or other portions of piping to which such piece
is attached. A galvanized service line shall be considered to be a
lead service line in accordance with N.J.S.A. 58:12a.
A person or persons in actual possession of and living in
the building or dwelling unit.
Any person who has legal title to any dwelling, with or without
accompanying actual possession thereof; or, who has equitable title
and is either in actual possession or collects rents therefrom; or,
who is executor, executrix, trustee, guardian, or receiver of the
estate of the owner, or as mortgagee or as vendee in possession either
by virtue of a court order or by agreement or voluntary surrender
of the premises by the person holding the legal title, or as collector
of rents has charge, care or control of any dwelling or rooming house.
A property owner may be excluded from the mandatory replacement
of its lead service line by providing the City of Brigantine, within
180 days of the effective date of this article, with written proof
from a licensed and certified plumber that it does not have a lead
service line on its property and/or that the lead service line was
previously removed and replaced.
A.
The owner of any dwelling, building or structure serviced by a lead
service line is required to replace the lead service line on their
property. The replacement of the lead service line must be completed
within 120 days of the effective date of this article. An extension
of time may be granted where the owner can demonstrate, to the Brigantine
designee, that a good faith effort has been made to comply with the
article.
B.
The owner of any dwelling, building or structure shall replace their
lead service line by any of the following methods:
(1)
Signing up for the Lead Service Line Replacement Program offered
by the City of Brigantine and allowing contractors to access their
property to conduct the replacement. The contractor will provide the
owner with a right of entry form for completion. The right of entry
form will provide the contractor with access to the property to verify
the existence of a lead service line; or
(2)
Replacing the lead service line on their own and at their own expense.
If an owner selects this option, then replacement must be completed
within 120 days of effective date of this article. An extension of
time may be granted where the owner can demonstrate, to the City of
Brigantine designee, that a good faith effort has been made to comply
with the article.
C.
The owner is required to provide the City of Brigantine with proof
that the lead service line has been replaced. Proof must include at
a minimum: a permit issued by the City of Brigantine to a licensed
plumber authorized to do the work; an invoice from the contractor
who completed the work; a copy of the estimate along with any report
of the work completed, and an inspection report verifying the removal.
A.
Notwithstanding § 290-32, if an owner of the dwelling, building or structure does not sign up for the Lead Service Line Replacement Program or does not replace its lead service line within 90 days of the effective date of this article (or within the time frame provided in an extension) or is inaccessible or otherwise denies access to the property to enable the replacement of the line, then the following procedure shall be followed:
(1)
The City of Brigantine shall secure entrance to the property from
the owner or current occupant of the dwelling, building or structure,
and the City shall incur no liability from the owner. The contractor
will provide the owner with a right of entry form for completion.
The right of entry form will provide the contractor with access to
the property to verify the existence of a lead service line. The City
of Brigantine shall restore the property to its original condition,
or as close as possible to its original condition; and
(2)
If access is granted by the occupant of the dwelling, building, or
structure, then the occupant shall be held harmless, and no liability
shall incur to the City or occupant due to the replacement of the
lead service line by the City of Brigantine; and
(3)
If access is denied by the current occupant or owner, then the City
shall commence procedures, including filing a court action, to conduct
the replacement of the lead service line.
A.
Upon the sale or transfer of ownership of any dwelling, building
or structure, the owner must provide proof that the lead service line
has been replaced or a copy of the completed right of entry form indicating
enrollment in the Lead Service Line Replacement Program in order to
secure a certificate of occupancy, certificate of land use compliance,
and smoke and carbon monoxide detector certificates.
Violations of this article by any person or corporation shall
be punishable by a fine of at least $250 but not exceeding $1,000
or by imprisonment for a term not exceeding 120 days or by a period
of community service not to exceed 90 days.
