12-23

Chapter 26, Housing, of the Revised Ordinances of the Township of Randolph is hereby amended and supplemented by the addition of the following:

ARTICLE X. LEAD-BASED PAINT INSPECTIONS

Sec. 26-270. - Required Initial Inspection.

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 N.J.S.A. 52:27D-437.16, July 2, 2022, or upon tenant turnover, whichever is earlier.

Sec. 26-271. - Required Recurring Inspection.

After the initial inspection required by Section 26-270, 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 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.

Sec. 26-272. - Standards

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., as may be amended from time to time.

Sec. 26-273. - Exceptions

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:

1. has been certified to be free of lead-based paint pursuant to N.J.A.C. 5:17-3.6(b);
2. was constructed during or after 1978; or
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 form 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
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.

Sec. 26-274. - Identification

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). After remediation has been completed, whether through interim controls or abatement, the Township Code Enforcement Officer/designee or lead evaluation contractor, as applicable, shall perform an additional inspection within 60 days of the initial periodic lead-based paint inspection to ensure there are no further lead-based paint hazards.

Sec. 26-275. - No Lead Found

If no lead-based paint hazards are identified, then the Township Code Enforcement Officer 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 Township's Code Enforcement Officer. The Township Code Enforcement Officer 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. 5:17-3.6.

Sec. 26-276. - Owner Requirement Prior to Occupancy

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 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.

Sec. 26-277. - Fees

All fees associated with this Article are set forth in the Health Section of Appendix A, Fee Schedule, of Revised Ordinances of the Township of Randolph.

Sec. 26-278. - Violations and Penalties

In accordance with N.J.S.A. 52:27D-437.19, the penalties for a violation of this Article shall be as follows:

1. 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.
2. 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.

Appendix A, Fee Schedule, of Revised Ordinances of the Township of Randolph, Health Section, is hereby amended by the addition of the following:

Lead-Based Paint Inspection Fees:

1. Visual Inspection Fees. Notwithstanding any other fees due, a Lead Based Inspection Fee in the amount of $200.00 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 Chapter 26, Article X, 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 Department of Community Affairs.
2. Administrative Fee. For any dwelling owner or landlord who has directly hired a private, certified lead evaluation contractor, the fee for the filing of a lead-safe certification or lead-free certification shall be $50 per certificate.
3. New Jersey Department of Community Affairs Lead Hazard Control Assistance Fund. This $20 fee collected by the municipality is a mandatory assessment required by the Department of Community Affairs pursuant to N.J.S.A. 52:27D-437.16(h).
4. Dust Wipe Sample Fee (if required). There is a $35 fee per sample which covers the cost of collecting the dust sample and the related laboratory analysis.
5. 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.

All Ordinances of the Township of Randolph which are inconsistent with the provisions of this Ordinance are hereby repealed as to the extent of such inconsistency.

If any section, subsection, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or invalid by any Court of competent jurisdiction, such decision shall not affect the remaining portions of this Ordinance.

This Ordinance shall take effect as provided by law.