Ordinance No. 12-23
Introduced: May 18, 2023
Public Hearing: June 6, 2023
An Ordinance Amending and Supplementing Chapter 26, Housing, and Appendix A, Fee Schedule of the Revised Ordinances of the Township of Randolph Regarding Lead-Based Paint Inspections
WHEREAS, pursuant to N.J.S.A.40:48-2, the governing body of a municipality may make, amend, repeal, and enforce such other ordinances, regulations, rules and by-laws not contrary to the laws of this state or of the United States, as it may deem necessary and proper for the good government, order and protection of person and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants, and as may be necessary to carry into effect the powers and duties conferred and imposed by this subtitle, or by any law; and
WHEREAS, the Township of Randolph desires to amend and supplement Chapter 26, Housing, of the Revised Ordinances of the Township of Randolph, by the addition of Article X, Lead-Based Paint Inspections, which requires the owner, landlord and/or agent of every single-family, two-family, and/or multiple dwelling unit offered for rental to obtain an inspection of the unit for and remediate lead-based paint hazards; and
WHEREAS, pursuant to N.J.S.A. 40:48-1, the governing body of a municipality may make, amend, repeal, and enforce ordinances to manage regulate and control the finances and property of the municipality; and
WHEREAS, the Township of Randolph desires to amend Appendix A, Fee Schedule, of the Revised Ordinances of the Township of Randolph to add investigation and administrative fees related to lead-based paint inspections.
NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the Township of Randolph, County of Morris, State of New Jersey as follows:
SECTION ONE. 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:
- has been certified to be free of lead-based paint pursuant to N.J.A.C. 5:17-3.6(b);
- was constructed during or after 1978; or
- 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
- 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.
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:
- Provide evidence of a valid lead-safe certification and the most recent tenant turnover to the Township at the time of the cyclical inspection.
- 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.
- 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:
- 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.
- 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.
SECTION TWO. 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:
- 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.
- 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.
- 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).
- 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.
- 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.
SECTION THREE. 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.
SECTION FOUR. 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.
SECTION FIVE. This Ordinance shall take effect as provided by law.
Donna Marie Luciani, Township Clerk
TOWNSHIP OF RANDOLPH
Lou Nisivoccia, Mayor
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 12-23
Notice is hereby given that an Ordinance entitled "An Ordinance Amending Chapter 26, Housing, and Appendix A, Fee Schedule, of the Revised Ordinances of the Township of Randolph Regarding Lead-Based Paint Inspections" was submitted in writing at a regular meeting of the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, held on May 18, 2023, and was introduced, read by title and passed on first reading. A Statement of Purpose of the Ordinance is contained below. The Governing Body of the Township of Randolph will further consider the Ordinance for second reading and final passage thereof at their regular meeting to be held on June 6, 2023, at 6 p.m. prevailing time, at the Municipal Building, 502 Millbrook Avenue, Randolph, New Jersey 07869, at which time and place a public hearing will be heard thereon by the Governing Body and all parties in interest and citizens shall have an opportunity to be heard concerning said Ordinance.
Statement of Purpose of Ordinance
The purpose of the above Ordinance is to amend and supplement Chapter 26, Housing, of the Revised Ordinances of the Township of Randolph, by the addition of Article X, Lead-Based Paint Inspections, which requires the owner, landlord and/or agent of every single-family, two-family, and/or multiple dwelling unit offered for rental to obtain an inspection of the unit for and remediate lead-based paint hazards. In addition, the purpose of the above Ordinance is to amend Appendix A, Fee Schedule, of the Revised Ordinances of the Township of Randolph to add investigation and administrative fees related to lead-based paint inspections.
A copy of the full Ordinance is available to any member of the general public, without cost, at the Township of Randolph, Municipal Building, Millbrook Avenue, Randolph, New Jersey, at the Office of the Township Clerk, between the hours of 9:00 a.m. and 4:30 p.m.
Donna Marie Luciani, Township Clerk
Township of Randolph
County of Morris, State of New Jersey