[HISTORY: Adopted by the Township Council
of the Township of Byram as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-7-2023 by Ord. No. 010-2023]
The following definitions shall apply to this article:
The Lead Hazard Control Assistance Act, P.L.2003, c311 (N.J.S.A.
52:27D-437.1 et seq.), as may be amended from time to time.
A real estate development or neighborhood in which the property
is burdened by servitudes requiring property 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.
A person certified by the Department of Community Affairs
to perform lead inspection and risk assessment work pursuant to N.J.A.C.
5:17-1.1, et seq. This includes the ability to perform
dust wipe sampling.
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.
A certification which confirms that a lead-based paint inspection
was performed and that no lead based paint exists in the dwelling
unit or that all lead-based paint hazards have been fully abated.
A certification which confirms that a lead-based paint inspection
was performed and no lead-based paint hazards were found. This certification
is valid for two years from the date of issuance.
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.
A person that is certified to perform a visual assessment.
A.
The owner and/or landlord of every single-family, two-family, and
multiple rental dwelling located within the Township of Byram shall
cause their property to be inspected for lead-based paint hazards,
through visual assessment and dust wipe sampling in accordance with
the Act. The owner and/or landlord shall directly retain a New Jersey
Department of Community Affairs (NJDCA) certified private lead inspector
to perform the lead-based paint inspection. All inspections will otherwise
be performed by a certified private lead inspector.
B.
An initial inspection for lead-based paint hazards shall occur before
July 22, 2024, or at tenant turnover, whichever is earlier. Thereafter,
all such dwelling units shall be inspected at tenant turnover, or
every three years, whichever is earlier.
C.
In accordance with the Act, 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 pursuant to N.J.AC.
5:17-3.6(b);
(2)
Was constructed during or after 1978;
(3)
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,
P.L.1967, c. 76 (N.J.S.A. 55:13A-l, 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
article.
D.
If lead-based paint hazards are identified upon inspection, the owner
and/or landlord of the dwelling unit, at his or her own cost, shall
remediate the hazards through abatement or lead-based paint hazard
control mechanisms, approved in accordance with the Act. Within 60
days of the remediation of the lead based paint hazard, the owner
and/or landlord's private lead inspector shall conduct an additional
inspection of the dwelling unit to certify that the hazard no longer
exists and file that certification with Byram Township.
E.
If no lead-based paint hazards are identified, then the landlord's
private lead inspector shall certify the dwelling as lead safe on
a form prescribed by the Department of Community Affairs, which shall
be valid for two years.
F.
In accordance with the Act, the owner and/or landlord of every single-family,
two-family, and multiple rental dwelling located within the Township
shall:
(1)
Provide evidence of a valid lead-safe certification and the most
recent tenant turnover to the Township at the time of the cyclical
inspection.
(2)
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.
(3)
Maintain a record of the lead-safe certification which shall include
the name(s) of the dwelling unit's tenant(s) if the inspection
was conducted during a period of tenancy.
G.
The fees for a lead-based paint inspection performed by the landlord's
private lead inspector and for the filing of the certification with
Byram Township shall be as follows:
(1)
Any and all fees for a visual assessment and dust wipe sampling inspection
shall be paid directly by the landlord to the landlord's NJDCA
certified private lead inspector as listed on the NJDCA website.
(2)
The fee for the filing of a lead-safe certification or lead-free
certification shall be $25 and shall be paid to the Byram Township.
(3)
In a common interest community, any inspection fee charged shall
be the responsibility of the individual unit owner and not the homeowner'
s association, unless the association is the owner of the unit.
(4)
In accordance with N.J.S.A. 52:27D-437.16(h), an additional fee of
$20 per dwelling unit inspected by the owner and/or landlord's
private lead inspector shall be assessed for the purposes of the Act
and paid to Byram Township, unless the owner and/or landlord 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 the Act, the penalties for a violation of
this article shall be as follows:
A.
If an owner and/or landlord has failed to conduct the required inspection
or initiate any remediation efforts, the owner and/or landlord shall
be given 30 days to cure the violation.
B.
If the owner and/or landlord has not cured the violation after 30
days, the owner and/or landlord 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.
