[Ord. No. 2023-03C, 2-28-2023]
This chapter's purpose is to comply with the requirements
imposed upon the Borough by P.L. 2021, c. 182, which requires the
inspection of every single-family, two-family, and multiple rental
dwelling not specifically exempted on a recurring basis and at tenant
turnover for lead-based paint hazards.
[Ord. No. 2023-03C, 2-28-2023]
A.
The owner of every single-family, two-family, and/or multiple dwelling
unit offered for rentals shall be required to secure an inspection
by the Borough or hire a lead evaluation contractor to perform the
inspection of the unit for lead-based paint hazards in accordance
with the requirements of this chapter within two years of the effective
date of the law, July 2, 2022, or upon tenant turnover, whichever
is earlier.
B.
After the initial inspection required in Subsection A above, the owner of such dwelling unit offered for rental shall be required to secure an inspection by the Borough or hire a lead evaluation contractor to perform the inspection of the unit for lead-based paint hazards every three years, or at tenant turnover, whichever is earlier.
C.
Should the owner of a single-family, two-family, and/or multiple dwelling unit elect to directly hire a lead evaluation contractor to comply with Subsections A and B above, the lead evaluation contractor must be certified to provide lead paint inspection services by the Department of Community Affairs and otherwise comply with the requirements of N.J.S.A. 52:27D-437.16 et seq.
D.
Notwithstanding Subsections A and B above to the contrary, 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 complies with any of the following:
1.
Has been certified to be free of lead-based paint;
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-1 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 N.J.S.A.
52:27D-437.16 and the applicable state requirements.
[Ord. No. 2023-03C, 2-28-2023]
A.
Inspection standards for the 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., as amended.
B.
If lead-based paint hazards are identified, then the lead evaluation
contractor or the Borough, depending on whom conducted the inspection,
shall notify the Commissioner of Community Affairs. If the lead evaluation
contractor performed the inspection, a copy of the notification to
the Commissioner shall be provided to the Borough Clerk. In addition,
the owner of the dwelling shall remediate the hazards through abatement
or lead-based paint hazard control mechanisms in accordance with N.J.S.A.
52:27D-437.16(d). Upon the remediation of the lead-based paint hazard,
the Code Enforcement Official or designee, or the owner's own
private lead inspector, shall conduct an additional inspection of
the unit to certify that the hazard no longer exists.
C.
If no lead-based paint hazards are identified, the Code Enforcement
Official or designee or the owner'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 and shall
be filed with the Borough Clerk. The Borough Clerk shall maintain
up-to-date information on inspection schedules, inspection results,
tenant turnover, and a record of all lead-free certifications issued
pursuant to N.J.A.C. 5:17-1.1 et seq.
[Ord. No. 2023-03C, 2-28-2023]
A.
In accordance with N.J.S.A. 52:27D-437.16(e), property owners subject
to the requirements of this chapter shall comply with the following:
1.
Provide evidence of a valid lead-safe certification obtained pursuant
to this chapter as well as evidence of the most recent tenant turnover
at the time of the cyclical inspection;
2.
Provide evidence of a valid lead-safe certification obtained pursuant
to this chapter 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; and
3.
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.
[Ord. No. 2023-03C, 2-28-2023]
The fee shall be equal to the amount incurred by the Borough
for the third-party lead inspection services for each unit lead-based
paint inspection, plus $20. Said fee shall be dedicated to meeting
the costs of implementing and enforcing this chapter and pursuant
to Subsection A below and shall not be used for any other purpose.
An owner who directly hires a private lead evaluation contractor pursuant
to this chapter shall not be required to pay the foregoing fee, except
that the owner shall still be required to pay the $20 per unit assessment
as set forth in Subsection A below.
A.
The $20 per unit fee set forth above is due whether or not the inspection
is performed by a private lead evaluation contractor or the Borough
for each unit inspected by a certified lead evaluation contractor
or permanent local agency for the purposes of the Lead Hazard Control
Assistance Act (N.J.S.A. 52:27D-437.1 et seq.) concerning lead hazard
control work, unless the unit owner demonstrates that the Department
of Community Affairs has already assessed an additional inspection
fee of $20 pursuant to the provisions of Section 10 of P.L. 2003,
c. 311 (N.J.S.A. 52:27D-437.10). In a common interest community, any
inspection fee charged pursuant to this subsection shall be the responsibility
of the unit owner and not the homeowners' association, unless
the association is the owner of the unit. The fees collected pursuant
to this subsection shall be deposited into the Lead Hazard Control
Assistance Fund established pursuant to Section 4 of P.L. 2003, c.
311 (N.J.S.A. 52:27D-437.4).
[Ord. No. 2023-03C, 2-28-2023]
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.
B.
If a property owner has not cured the violation within the thirty-day period set forth in Subsection A above, the property owner shall be subject to a penalty not to exceed $1,000 per week until the required inspection has been conducted or the remediation efforts have been initiated and ultimately completed.
[Ord. No. 2023-03C, 2-28-2023]
Should P.L. 2021, c. 182,, be repealed or invalidated by competent
authority, this chapter shall have no further force or effect.
