[Added 5-13-2024 by Ord. No. MC 2024-23]
For purposes of this article, the definitions herein shall have the meaning as used in and in accordance with N.J.S.A. 52:27D 437.1 et seq., Lead Hazard Control Assistance Act, and implementing regulations at N.J.A.C. 5:28A-4.1 et seq., Lead-Based Paint Inspections in Rental Dwellings; Sections 1 through 12 of P.L. 1993, c. 288 (N.J.S.A. 26:2Q-1 et seq.) and Sections 14 through 24 of P.L. 1993, c. 288, (N.J.S.A. 52:27D-427 et seq.), the Lead-Based Paint Hazard Abatement and Lead-Based Paint Abatement Contractor Certification Act, and implementing regulations at N.J.A.C. 5:17, Lead Hazard Evaluation and Abatement Code; and N.J.S.A. 55:13A-1 et seq., Hotel and Multiple Dwelling Law; unless otherwise stated.
COMMON INTEREST COMMUNITY
A real estate development or neighborhood in which the property requires property owners to contribute to the maintenance of the 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 (HUD) and as conducted pursuant to N.J.A.C. 5:28A-2.3.
DWELLING
A building containing a room or rooms, or suite, apartment, unit, or space that is rented and occupied, or intended to be rented and occupied, for sleeping and dwelling purposes by one or more persons.
DWELLING UNIT
A unit within a building that is rented and occupied, or intended to be rented and occupied, for sleeping and dwelling purposes by one or more persons.
INTERIM CONTROLS
A set of measures designed to temporarily reduce human exposure or likely exposure to lead-based hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards, and the establishment and operation of management and resident education programs, or the term as it is defined pursuant to 42 U.S.C. § 4851b and incorporated in N.J.A.C. 5:17.
LEAD ABATEMENT
A set of measures designed to permanently eliminate lead-based paint hazards, in accordance with the standards established by the New Jersey Department of Community Affairs at N.J.A.C. 5:17.
LEAD ABATEMENT CLEARANCE CERTIFICATE
The certificate issued by the construction official pursuant to N.J.A.C. 5:23-2.23(p) at the end of a lead abatement project.
LEAD ABATEMENT CONTRACTOR
An individual, individuals or entity certified by the New Jersey Department of Health to perform lead abatement or interim control work pursuant to N.J.A.C. 5:17.
LEAD EVALUATION CONTRACTOR
An individual, individuals or entity certified by the New Jersey Department of Health and/or the New Jersey Department of Community Affairs, to perform lead inspection and risk assessment work pursuant to N.J.A.C. 5:17. This includes the ability to perform dust wipe sampling.
LEAD INSPECTOR
An individual certified by the New Jersey Department of Community Affairs to perform lead inspection and risk assessment work pursuant to N.J.A.C. 5:17-1.2. 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 issued by the New Jersey Department of Community Affairs and pursuant to N.J.A.C. 5:17, 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-Free Certifications do not have an expiration date; however, if the City of Plainfield is notified or becomes aware of a lead event at the dwelling unit listed on the Lead-Free Certification, a lead inspection will be conducted to ensure that health and safety are maintained in accordance with N.J.A.C. 5:17-1.2.
LEAD-SAFE CERTIFICATION
A certification that has been issued by the New Jersey Department of Community Affairs and identifies the property address and dwelling unit, pursuant to N.J.A.C. 5:28A, confirming that a lead-based paint inspection was performed at this dwelling unit and no lead-based paint hazards were found. Lead-safe certifications are valid for two years from the date of issuance pursuant to N.J.A.C. 5:28A-2.4. This certification shall be provided to the City of Plainfield Department of Health and Social Services by the property owner of the inspected address listed on the Lead-Safe Certification.
MULTIPLE DWELLING
Any building or structure and any land appurtenant thereto, and any portion thereof, in which three or more dwelling units are occupied or intended to be occupied by three or more persons living independently of each other. "Multiple dwelling" shall also mean any group of 10 or more buildings on a single parcel of land or on contiguous parcels under common ownership, in each of which two dwelling units are occupied or intended to be occupied, by two persons or households living independently of each other, and any land appurtenant thereto, and any portion thereof. "Multiple dwelling" shall not include those buildings and structures that are excluded pursuant to N.J.S.A. 55:13A-3(k).
MUNICIPAL INSPECTOR
The City of Plainfield Health Officer or their designee, the City of Plainfield Construction Official or their designee, including a City of Plainfield Code Enforcement Officer, which Enforcement Officer shall include, but not be limited to, enforcement pertaining to the Health Code, the Construction Code and/or the Housing Code, and be authorized to perform inspections of any dwelling or enforce any ordinance, statute, or law defined within the Code of the City of Plainfield or the State of New Jersey pursuant to N.J.S.A. 40:48-2.3 et seq.
MUNICIPAL LEAD INSPECTOR
Either an employee of the City of Plainfield or an outside contractor working with the City of Plainfield who is certified by the New Jersey Department of Community Affairs to perform lead inspection and risk assessment work, which includes the ability to perform dust wipe sampling, pursuant to N.J.A.C. 5:17-1.2.
PERIODIC LEAD-BASED PAINT INSPECTION
The initial inspection of all applicable dwelling units at the earlier of two years from the effective date of P.L. 2021, c. 182, (July 22, 2022) (N.J.S.A. 52:27D-437.6), or tenant turnover and subsequent inspections, thereafter shall be the earlier of three years or upon tenant turnover, consistent with N.J.A.C. 5:28A-2.1, for the purposes of identifying lead-based paint hazards in dwellings subject to this article.
REMEDIATION
Lead interim controls or lead abatement work undertaken in conformance with this article to address lead-based paint hazards.
TENANT TURNOVER
The time at which all existing occupants vacate a dwelling unit, all new tenant(s) move into a dwelling unit or the time at which a new tenant enters a vacant dwelling unit previously uninhabited.
[Added 5-13-2024 by Ord. No. MC 2024-23]
(a) 
Dwelling owner is responsible for obtaining lead inspection. The owner, landlord, and/or agent of every residential rental single-family, two-family and/or multiple dwelling rental unit shall be required to obtain an inspection of the unit for lead-based paint hazards as required in this article, or at tenant turnover, whichever is earlier. To obtain the required lead inspection, the landlord, owner, and/or agent shall arrange said lead inspection with the Municipal Lead Inspector and pay all applicable and required fees associated with the City's inspection as specified in § 8:6-6, below.
(b) 
Recurring periodic lead-based paint inspections required. After the initial inspection required by Section 8:6-2(a), the property/dwelling owner, landlord and/or agent retained for rental of unit(s) shall be required to obtain an inspection of the dwelling unit for lead-based paint hazards the earlier of every three years or upon tenant turnover. A lead inspection upon tenant turnover shall not be required if the owner has a valid lead-safe certification pursuant to this section and provides the lead-safe certification to the City of Plainfield. The lead-safe certification shall include valid dates and years for the recurring inspection period.
(1) 
The due date for the next periodic lead-based paint inspection shall be determined by the date of the most recent periodic lead-based paint inspection that resulted in a valid lead-safe certification.
(2) 
Whenever any dwelling unit is scheduled for tenant turnover, the then-current owner, landlord and/or agent shall provide written notice to the Municipal Inspector that an inspection is needed and shall provide said notice at least 20 calendar days prior to the scheduled date of the tenant turnover.
(c) 
Option for owner to hire private certified lead inspector. The property owner, landlord and/or agent, in lieu of having the dwelling inspected by the Municipal Lead Inspector, may instead, directly hire a lead inspector certified to provide lead inspection services by the New Jersey Department of Community Affairs, to satisfy the requirements of Section 8:6-2(a). The City of Plainfield shall have the authority to prohibit an owner from directly hiring a lead inspector to conduct a periodic lead-based paint inspection when an owner who previously opted to hire a lead inspector to perform the periodic lead-based paint inspection has failed to have the inspection completed.
(d) 
Dust-wipe sampling inspection for lead-based paint. A lead inspector conducting inspections in residential rental single-family, two-family, and certain multiple rental dwellings located in the City of Plainfield for lead-based paint hazards shall do so through a dust wipe sampling in accordance with N.J.A.C. 5:28A-2.3(b)(1).
(e) 
Certain dwelling units exempted from lead-based paint inspection. A rental dwelling unit in a single-family, two-family, or multiple dwelling shall not be subject to a lead inspection and evaluation for the presence of lead-based paint hazards if the unit:
(1) 
Was constructed during or after 1978;
(2) 
Has been certified to be free of lead-based paint and a valid certificate has been provided to the City of Plainfield;
(3) 
Is a single-family or two-family seasonal rental dwelling that is renting unit(s) for less than six months duration each year by tenants that do not have consecutive lease renewals;
(4) 
Is in a multiple dwelling that was constructed prior to 1978 and 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 either (a) "no outstanding paint violations" from the most recent cyclical lead 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.), (b) a current certificate of lead inspection issued by the Department of Community Affairs, Bureau of Housing Inspection, or (c) an open inspection with no violations for lead paint.
[Added 5-13-2024 by Ord. No. MC 2024-23]
(a) 
If lead-based paint hazards are not identified following a lead inspection conducted by a certified lead inspector pursuant to this article, then the Municipal 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. If the inspection was conducted by a Municipal Lead Inspector a copy of the lead-safe certification shall be provided to the owner of the building.
(b) 
The lead-safe certification shall be valid for a period of two years from the date of issuance.
(1) 
If, during the two-year certification period, a lead evaluation contractor, lead inspector/risk assessor or the City of Plainfield conduct an independent inspection or risk assessment and determines that there is a lead-based paint hazard, the lead-safe certification previously issued pursuant to this article in accordance with N.J.A.C. 5:28A shall be invalid. A periodic lead-based paint inspection shall be scheduled upon the conclusion of remediation from the most recent lead inspection or lead risk assessment by a certified lead inspector.
(2) 
Where an independent lead inspection or lead risk assessment determines that there is a lead-based paint hazard, the lead inspector/risk assessor shall inform the City of Plainfield of the result of the inspection.
(3) 
The lead-safe certification shall not exempt the dwelling from any other law(s) that would require a lead inspection/risk assessment.
[Added 5-13-2024 by Ord. No. MC 2024-23]
(a) 
If lead-based paint hazards are identified following a lead inspection conducted pursuant to this article, then the owner of the dwelling shall:
(1) 
Remediate the hazard by using either lead abatement or interim controls. The appropriate remediation mechanism shall be in accordance with lead inspection health and safety findings pursuant to N.J.A.C. 5:17.
(2) 
Abatement work shall be performed in accordance with the requirements in the Lead Hazard Evaluation and Abatement Regulations, N.J.A.C. 5:17.
(3) 
Interim controls shall be performed in accordance with the requirements of the United States Department of Housing and Urban Development at 42 U.S.C. § 4851b and detailed within the HUD Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing.
(b) 
Any relocation of tenants required pursuant to a remediation shall be undertaken in accordance with applicable state and/or local law.
(c) 
Upon conclusion of the remediation of the lead-based paint hazard, the following procedure shall be followed:
(1) 
If the owner utilized interim controls for remediation, the lead evaluation contractor or permanent local agency shall conduct an additional inspection within 60 days of the initial inspection by using dust wipe sampling. If the inspections shows that the hazard no longer exists, the lead evaluation contractor or the City of Plainfield shall certify the unit as lead-safe on the form prescribed by the Department. The certification shall be valid for a period of two years from the date of issuance; and
(2) 
If the owner utilized abatement for remediation, and a lead abatement clearance certificate has been issued by the local enforcing agency in accordance with N.J.A.C. 5:17, then the lead-free certificate issued at the final clearance inspection shall exempt the dwelling from future periodical lead-based paint inspections.
[Added 5-13-2024 by Ord. No. MC 2024-23]
(a) 
In accordance with N.J.S.A. 52:27D-437.16(e), every owner, landlord and/or agent of a residential rental single-family, two-family, and certain multiple rental dwelling located within the City of Plainfield, which are subject to lead-based paint inspections pursuant to this article, shall:
(1) 
Maintain up-to-date records on lead inspection schedules, inspection results, lead-safe certificates issued pursuant to N.J.A.C. 5:28A-2.4, which shall include the name or names of the unit's tenant or tenants if the inspection was conducted during a period of tenancy;
(2) 
Provide evidence of a valid lead-safe certification to new tenants of the property at such time of tenant turnover and shall affix a copy of such certification as an exhibit to the tenant's or tenants' lease;
(3) 
Provide to the City of Plainfield Department of Health and Social Services evidence of a valid lead-safe certification along with the most recent tenant turnover at the time of the periodic lead-based paint inspection.
(b) 
Municipal lead inspector.
(1) 
The City of Plainfield shall maintain a record of all dwellings subject to this article, including most recent information on inspection schedules, results, and tenant turnover provided by the owner, landlord and/or agent of a dwelling subject to lead-based paint inspections established by this article.
(2) 
The City of Plainfield shall maintain a record of all lead-safe certifications issued pursuant to this article in accordance with N.J.A.C. 5:28A.
(A) 
Where a lead inspector performs inspections for the City of Plainfield, the lead inspector shall provide a copy of the lead-safe certification to the City of Plainfield and the owner of the dwelling unit.
(B) 
Where a property/dwelling owner hires a lead inspector to perform lead inspections for the owned dwelling, the lead inspector shall provide a copy of the lead-safe certification to the City of Plainfield Department of Health and Social Services at the same time such certification is provided to the owner of the dwelling unit.
(C) 
Pursuant to N.J.A.C. 5:17, the City of Plainfield shall maintain a record of all received lead-free certifications.
[Added 5-13-2024 by Ord. No. MC 2024-23]
(a) 
When the owner, landlord or agent of the residential rental dwelling does not hire a private certified lead inspector, the City of Plainfield shall charge the dwelling owner or landlord a fee sufficient to cover the cost of the periodic lead-based paint inspection, including the cost of hiring a Municipal Lead Inspector pursuant to a Shared Services Agreement with the City of Elizabeth. Fee schedules for a City of Plainfield-retained Municipal Lead Inspector shall be adopted by ordinance authorizing the agreement of service entered into by the City of Plainfield and such contractor/vendor.
(b) 
In addition to the cost of the lead-based paint inspection, an additional $20 fee shall be assessed per inspection per unit pursuant to N.J.S.A.52:27D-437.6 irrespective of whether the dwelling unit owner elected to hire a private lead inspector or have the Municipal Lead Inspector perform the requisite lead-based paint inspection. The $20 fee shall be assessed at the time of each required lead inspection unless the owner, landlord and/or agent demonstrates that the New Jersey Department of Community Affairs has already assessed an additional inspection fee of $20. The fees collected pursuant to this subsection shall be payable to the City of Plainfield to be deposited into the New Jersey Lead Hazard Control Assistance Fund.
(c) 
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.
(d) 
An administrative fee for the filing of a lead-safe certification or lead-free certification with the City of Plainfield shall be $25 per dwelling unit and be provided at the time of filing and made payable to the City of Plainfield.
(e) 
Failure to provide access to a Municipal Lead Inspector at the time of a scheduled lead-based paint inspection may result in a fine up to $300 per dwelling unit scheduled for inspection. All fees are nonrefundable upon the owner's failure to provide written cancellation notice of the requested inspection at least 48 hours prior to the scheduled inspection. Said fees shall be dedicated to meeting the costs of implementing and enforcing this article for lead-based paint inspections and shall not be used for any other purpose.
[Added 5-13-2024 by Ord. No. MC 2024-23]
All inspections and re-inspections shall take place within 15 calendar days of the requested inspection. Completed applications and all inspection fees shall be submitted and paid to the City of Plainfield at least three days prior to the inspection. No inspections or re-inspections shall take place unless all fees are paid. Scheduled inspections or re-inspections may be canceled by the Municipal Lead Inspector, unless the completed application and required fees have been received by the City of Plainfield. Every inspection for which the landlord, tenant, owner and/or agent has failed to provide access for inspection shall be deemed a failed inspection for which fees may be assessed pursuant to § 8:6-6(e).
[Added 5-13-2024 by Ord. No. MC 2024-23]
(a) 
Pursuant to N.J.A.C. 5:28A-2.1(d), the Municipal Inspector shall exercise appropriate oversight of an owner, landlord or agent, who chooses to hire a private certified lead inspector to perform the periodic lead-based paint inspection.
(b) 
Pursuant to N.J.S.A. 52:27D-437.6 and N.J.A.C. 5:28A-4.1, the Municipal Inspector is authorized to conduct investigations and issue penalties in order to enforce a dwelling owner's, landlord's, and/or agent's failure to comply with this article.
(1) 
The owner of the dwelling shall first be given a period of 30 calendar days to cure any violation by conducting the required inspection or initiating any required remediation efforts as detailed as a result of conducted inspections and/or investigations.
(2) 
If the owner of the dwelling has not cured the violation within that time period, they 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 the City of Plainfield has been notified of such efforts by the dwelling's owner, landlord and/or agent.
(3) 
Remediation efforts shall be considered to be initiated when the dwelling owner has hired and entered into a written contract with a lead abatement contractor to perform lead-hazard control methods.