[Adopted 6-26-2023 by Ord. No. 2463]
This article shall be known as the " Lead Based Paint Inspections
Ordinance."
As used in this article, the following terms shall have the
meanings indicated:
The Commissioner of the Department of Community Affairs.
Means Department of Community Affairs.
Department of Community Affairs.
The New Jersey Department of Health.
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).
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
and as it is defined under 42 U.S.C. § 4851b and regulations
implemented pursuant thereto.
A set of measures designed to permanently eliminate lead-based
paint hazards in accordance with standards established by N.J.A.C.
5:17.
A firm certified by the Department to perform lead abatement
work pursuant to N.J.A.C. 5:17.
An individual certified by the New Jersey Department of Health
(DOH) to perform lead abatement work pursuant to N.J.A.C. 8:62.
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 in
surfaces, that would result in adverse human health effects.
Interim controls, as defined above. Note that this definition
is specific to lead-based paint inspections in rental dwellings and
is not to be confused with the lead hazard control work as defined
within the Department's regulations for Lead Hazard Evaluation
and Abatement, 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.
An individual certified by DOH 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.
That a dwelling or dwelling unit has been confirmed to have
fully abated all lead-based paint hazards or that no lead-based paint
exists in the dwelling or dwelling unit.
That a dwelling has no outstanding lead-based paint hazards,
but the dwelling is not necessarily lead free.
The certification issued pursuant to the regulations promulgated
pursuant to P.L. 2021, c.182,[1] which confirms that a periodic inspection, as defined
below, was performed, and no lead-based paint hazards were found.
This certification is valid for two years from the date of issuance.
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.
Also means any group of 10 or more buildings on a single
parcel of land or on contiguous parcels under common ownership, in
each of which two dwelling units are occupied or intended to be occupied
by two persons or households living independently of each other, and
any land appurtenant thereto, and any portion thereof.
Does not include those buildings and structures that are
excluded by statute (See N.J.S.A. 55:13A).
The initial inspection of all applicable dwelling units at
the earlier of two years from the effective date of P.L. 2021, c.182,
July 22, 2022,[2] or tenant turnover, and thereafter the earlier of three
years or upon tenant turnover for the purposes of identifying lead
pursuant to P.L. 2021, c.182 .
A local, municipal agency maintained for the purpose of conducting
inspections and enforcing laws, ordinances, and regulations concerning
buildings and structures within its jurisdiction. This may include
local building agencies, health agencies, and housing agencies.
Interim controls or lead abatement work undertaken in conformance
with this article to address lead-based paint hazards. Remediation
is often used synonymously with interim controls and does not include
abatement; however, in the context of P.L. 2021, c.182, remediation
is defined as encompassing both interim controls and abatement.
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.
Inspections for lead-based paint in rental dwelling units shall
be governed by the standards set forth in N.J.S.A. 52:27D-437.1 et
seq., and N.J.S.A 55:13A-1 et seq.
The owner, landlord and/or agent of every single-family, two-family,
and/or multiple dwelling unit offered for rental shall be required
to obtain an inspection of the unit for lead-based paint hazards within
two years of the effective date of the law, July 2, 2022, or upon
tenant turnover, whichever is earlier. In any event, the first inspection
must take place on or before July 22, 2024.
A.
After the initial inspection required by § 390-275, the owner, landlord, and/or agent of such dwelling unit offered for rental shall be required to obtain an inspection of the unit for lead-based paint hazards every three (3) years, or at tenant turnover, whichever is earlier, except that an inspection upon tenant turnover shall not be required if the owner has a valid lead- safe certification.
B.
In accordance with P.L. 2021, c.182,[1] single-family, two-family, and multiple rental dwellings
must be inspected for lead-based paint hazards, except for the following:
(1)
Dwellings that were constructed during or after 1978.
(2)
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. This exemption for seasonal
rental dwellings does not extend to seasonal multiple dwellings.
(3)
Dwellings that have been certified to be free of lead-based
paint pursuant to N.J.A.C. 5:17-3.16(b) either after an abatement
is completed or an evaluation has confirmed that there is no lead-based
paint in the dwelling.
(4)
Multiple rental dwellings that have been registered with the
Department of Community Affairs for at least ten 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). Cyclical inspections currently occur every
five years in multiple dwellings.
(a)
This means that all multiple dwellings constructed prior to
1978 and registered with the Department for at least 10 years that
have a certificate of inspection issued by the Department of Community
Affairs, Bureau of Housing Inspection, are exempt from this requirement.
A certificate of inspection means there are no outstanding violations.
[1]
Editor's Note: See N.J.S.A. 52:2D-437.16 et. seq.
For nonexempt units, after the initial inspection, units shall
be inspected pursuant to the following:
A.
An inspection upon tenant turnover is not required if the owner has
a valid lead-safe certificate;
B.
Lead-safe certificates are valid for two years;
C.
If the lead-safe certificate has not expired upon tenant turnover,
the next inspection will be three years from the prior inspection.
D.
If the lead-safe certificate has expired upon tenant turnover (i.e.,
more than two years after the issuance of the certificate, but before
the three-year mark), an inspection is required upon tenant turnover;
E.
An inspection upon tenant turnover will reset the three-year inspection
requirement, or re-letting of the dwelling, whichever event is first
to occur;
F.
If it is determined upon inspection that no lead-based paint hazards
exist in a dwelling, the lead evaluation contractor or local enforcing
agency shall certify the dwelling unit as lead- safe. The lead-safe
certification is valid for a period of two years.
If lead-based paint hazards are found during an inspection,
the owner of the dwelling unit shall remediate the lead-based paint
hazard by using lead-based paint hazard control methods including
interim controls or abatement, as outlined in this article.
A.
Interim controls are statutorily mandated measures designed to temporarily
reduce human exposure to lead-based paint hazards.
B.
Interim controls may also be appropriate if the housing unit is slated
for demolition or renovation.
C.
Interim control measures include the following:
(1)
Paint stabilization. All deteriorated pain on exterior surfaces
shall be stabilized in accordance with the HUD Guidelines.
(2)
Smooth and cleanable surfaces:
(a)
All surfaces, such as floors, stairs, and interior windowsills,
that are rough, pitted, or porous shall be made smooth;
(b)
Minor surface damage may be correctable by spackling and re-coating.
If more practical the area shall be covered or coated with plastic,
sheet vinyl, linoleum, or another comparable material.
A.
If interim controls are unlikely to be effective, then abatement
procedures shall be implemented.
B.
All abatement work must be undertaken in accordance with the state
regulations for Lead Hazard Evaluation and Abatement, which are described
in N.J.A.C. 5:17;
C.
Abatement:
(1)
The removal of lead-based paint by mechanical methods. Acceptable
procedures include wet scraping, wet sanding, and nonabrasive blasting;
(2)
Abatement constitutes the systematic removal of any building
component which contains a lead-based paint hazard.
(a)
New components shall not be brought into the working area until
all dust- generating activity is completed and has been cleaned to
ensure the new component is not exposed to lead hazards.
(3)
Required procedures include enclosing lead-based paint hazards
behind other materials.
A.
After remediation, whether through interim controls or abatement,
the municipality or lead evaluation contractor shall perform an additional
inspection within 60 days of the initial periodic lead-based paint
inspection to conclude there are no other lead-based paint hazards.
B.
Upon reinspection of remediated dwellings, using interim controls,
if it is determined that no lead-based paint hazards are found, the
municipality or inspector shall certify the dwelling to be lead safe
pursuant to P.L. 2021, c.182[1]. The certificate will be valid for two years.
[1]
Editor's Note: See N.J.S.A. 52:27D-437.16 et. seq.
C.
Pursuant to N.J.A.C. 5:17-9.1, post-abatement results and the receipt
of the lead abatement clearance certificate, issued at the final clearance
inspection shall exempt the dwelling from future inspections pursuant
to P.L. 2021, c.182.
B.
Municipal investigations.
(1)
Failure to comply with the requirements of P.L. 2021, c.182,
shall result in the issuance of penalties.
(2)
If a property owner has failed to comply with the requirements
of this article, the property owner shall be given 30 days from the
date of the determination to cure any violation by either obtaining
a new inspection or by initiating remediation.
(3)
If the violations are note remediated within 30 days, the 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. Remediation efforts are considered initiated
when the owner has hired a lead abatement contractor or other qualified
party to perform lead-hazard control methods.
Notwithstanding any other fees due pursuant to this chapter,
the following fees shall be paid:
A.
Certification submission and administrative fee. The Borough shall
not permit the dwelling owner or landlord to hire a private lead evaluation
contractor who is certified to provide lead paint inspection services
by the Department of Community Affairs to satisfy the requirements
utilizing the services of certified lead paint inspection.
B.
The Borough shall retain and dispatch certified lead-based paint
inspectors who shall be responsible for inspection for all rental
units per this article.
C.
Upon requesting acceptance per the article, the property owner shall
submit payment to the Building Department of $100 as an administrative
fee plus a state fee of $20 per unit, dedicated for deposit into the
Lead Hazard Control Assistance Fund.
A copy of the lead-safe certificate is attached hereto and incorporated
herein as if set forth in its entirety.[1]
[1]
Editor's Note: The lead-safe certificate is included as an attachment to this chapter
