2847-24 Ordinance re Lead Based Paint.pdf

1 2847-24 AN ORDINANCE SUPPLEMENTING CHAPTER 14 AND ESTABLISHING A SECTION FOR LEAD-BASED PAINT HAZARD INSPECTION REQUIREMENTS FOR RENTAL DWELLINGS TO THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF WEST ORANGE (Lead-Based Paint Hazard Inspection Requirements for Rental Dwellings) BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE TOWNSHIP OF WEST ORANGE, NEW JERSEY that Chapter 14 of the Revised General Ordinances of the Township of West Orange be and are hereby supplemented as follows: I. PURPOSE The purpose of this ordinance is to supplement Chapter 14 of the Township of West Orange Municipal Code governing housing to implement an inspection program for lead based paint in rental dwellings in compliance with N.J.S.A. 52:27D-437.16 et seq., . II. DEFINITIONS COMMON INTEREST COMMUNITY 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. DUST WIPE SAMPLING 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. LEAD INSPECTOR 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. LEAD-BASED PAINT HAZARD 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. LEAD-FREE CERTIFICATION 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. LEAD-SAFE CERTIFICATION

2 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. TENANT TURNOVER The time at which all existing occupants vacate a dwelling unit and all new tenants move into the dwelling unit. VISUAL ASSESSMENT A visual examination for deteriorated paint or visible surface dust, debris, or residue. VISUAL ASSESSOR A person that is certified to perform a visual assessment III. LEAD BASED-PAINT INSPECTIONS A. A lead inspector for the Township of West Orange shall inspect every single- family, two-family, and multiple rental dwelling located within the Township of West Orange for lead-based paint hazards through visual assessment and dust wipe sampling in accordance with N.J.S.A. 52:27D-437.16 et seq., as may be amended from time to time. B. The property owner or landlord may, in lieu of having the dwelling inspected by the Township’s lead inspector, directly hire a private lead inspector who is certified to provide lead paint inspection services by the Department of Community Affairs to perform the lead-based paint inspection in accordance with N.J.S.A. 52:27D-437.16 et seq., as may be amended from time to time. C. In accordance with N.J.S.A. 52:27D-437.16(c), 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; (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; (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.

3 D. If lead-based paint hazards are identified, then 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 Township’s lead inspector or visual assessor, as may be applicable, or the owner's private lead inspector, shall conduct an additional inspection of the unit to certify that the hazard no longer exists. E. If no lead-based paint hazards are identified, then the Township’s lead inspector 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. F. In accordance with N.J.S.A. 52:27D-437.16(e), property owners shall: (1) Provide evidence of a valid lead-safe certification and the most recent tenant turnover to the Township of West Orange 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 or names of the unit's tenant or tenants if the inspection was conducted during a period of tenancy. G. The fees for a lead-based paint inspection shall be set forth by Resolution at the approval of the Township Council. IV. VIOLATIONS AND PENALTIES In accordance with N.J.S.A. 52:27D-437.19, the penalties for a violation of Three (“III” or “3”) of this Ordinance shall be 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. 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. V. REPEAL OF CONFLICTING ORDINANCES Any Ordinances of the Township which are in conflict with this Ordinance are hereby repealed to the extent of such conflict.

4 VI. SEVERABILITY If any part of this Ordinance shall be deemed invalid, such parts shall be severed and the invalidity thereof shall not affect the remaining parts of this Ordinance. VII. EFFECTIVE DATE This Ordinance shall take effect upon final passage and publication in accordance with the law. Bill Rutherford Council President Susan McCartney Mayor Approved as to form on the basis of the facts provided: Karen Carnevale, RMC Municipal Clerk Introduced: March 26, 2024 Adopted: April 9, 2024