The owner, landlord and/or agent of every single-family, two-family,
and multiple rental 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 P.L. 2021, c. 182, July 2, 2022, or upon tenant turnover, whichever is earlier.
After the initial inspection required by §
261-111, 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 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.
In lieu of the performance of an inspection by the Borough Enforcement Official, the owner or landlord of any single-family, two-family or multiple rental dwelling unit subject to the requirements of this article shall be permitted to hire a lead evaluation contractor who is certified to provide lead paint inspection services by the Department of Community Affairs to satisfy the requirements of §§
261-111 and
261-112.
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 55:13A-1 et seq., as may be amended from time to time.
Notwithstanding the provisions of §
261-111 or
261-112 of this article, 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, or for the fees for such inspection or evaluation, 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 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.; or
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 has a valid lead-safe
certification issued in accordance with N.J.S.A. 52:27D-437.16 et
seq.
In accordance with N.J.S.A. 52:27D-437.16e, property owners
shall:
A. Provide evidence of a valid lead-safe certification and the most recent tenant turnover to the Borough of Rockaway at the time of the cyclical inspection, unless otherwise exempt from the inspection requirement pursuant Subsections
A,
B or
C of §
261-115.
B. Provide evidence of a valid lead-safe certification to new tenants of the property at the time of tenant turnover and shall affix a copy of such certification as an exhibit to the tenant's or tenants' lease, unless otherwise exempt from the inspection requirement pursuant Subsections
A,
B,
C and
D of §
261-115.
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 otherwise exempt from the inspection requirement pursuant Subsections
A,
B,
C and
D of §
261-115.
The following fees shall be assessed and collected by the Borough
pursuant to this article:
A. Visual inspection fees. Notwithstanding any other fees due pursuant
to this chapter, a lead-based inspection fee in the amount of $200
per dwelling unit shall be paid for each lead-based paint inspection.
Said fee shall be dedicated to meeting the costs of implementing and
enforcing this subsection and shall not be used for any other purpose.
Alternatively, a dwelling owner or landlord may directly hire a private
lead evaluation contractor who is certified to provide lead paint
inspection services by the New Jersey Department of Community Affairs.
B. Administrative fee. The fee for the filing of a lead-safe certification
or lead-free certification shall be $50. Fee is required only for
properties whose inspections were conducted by credentialled third-party
inspectors and found to be either "lead free" or "lead safe".
C. An additional fee in the amount of $20 per unit inspected shall be
assessed and collected by the municipality as mandated as per P.L.
2021, c. 182, for purposes of the Lead Hazard Control Assistance Fund.
D. Dust wipe sample fee. (If required) There is a $35 fee each. This
covers taking the dust sample and the laboratory analysis.
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.
The Borough shall conduct investigations and issue penalties
to ensure compliance with the provisions of this article as provided
by state as follows:
A. If a property owner has failed to conduct the required inspection
or initiate any remediation efforts, the owner shall be given 30 days
to cure the violation by conducting the required inspection or initiate
any required remediation efforts.
B. 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.
Each section, subsection, paragraph, sentence, clause and phrase
of this article is declared to be an independent section, subsection,
sentence, clause and phrase. If any portion of this article, or its
application to any person or circumstances, shall be adjudged or otherwise
determined to be invalid, unconstitutional, preempted, void, or ineffective
for any clause or reason, such determination shall not affect the
remaining provisions of this article, and the application of such
remaining provisions shall not be affected thereby and shall remain
in full force and effect, and to this end, the provisions of this
article are severable.
All ordinances or parts of ordinances contrary to or inconsistent
with the provisions of this article are hereby repealed to the extent
of such inconsistency.
This article shall take effect after final passage and publication
as provided by law.