BOROUGH OF UNION BEACH

BOROUGH OF UNION BEACH ORDINANCE 2025-364: An Ordinance Amending Chapter 10 (Building and Housing) of the General Ordinances of the Borough of Union Beach, County of Monmouth, State of New Jersey to Add Chapter 10-16 Entitled "Lead-Based Paint Inspections" WHEREAS, the State of New Jersey has enacted P.L. 2021, c. 182 and P.L. 2024, c.074 requiring lead-based testing for certain residential rental properties; and WHEREAS, pursuant to P.L. 2021, c.182 and P.L. 2024, c.074, all municipalities are required to inspect or provide for inspection of certain rental units located within the municipality for lead-based paint hazards; and WHEREAS, it is necessary and in the best interests of the residents of the Borough of Union Beach to amend the Borough's code to require inspections for lead-based paint in non-exempt residential rental dwellings, in order to conform to and ensure compliance with State law. NOW, THEREFORE, BE IT ORDAINED by the Borough Council of the Borough of Union Beach, County of Monmouth, State of New Jersey: Chapter 10 (Building and Housing) of the General Ordinances of the Borough of Union Beach be amended to include Chapter 10 Section 16 as follows: 10-16 Lead-Based Paint Inspections 10-16.1 Definitions as used in this section: "Dust wipe sampling" means 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. "Tenant turnover" means the time at which all existing occupants vacate a dwelling unit and all new tenants move into the dwelling unit. "Visual assessment" means a visual examination for deteriorated paint or visible surface dust, debris, or residue. 10-16.2 Lead-Based Paint Inspections The owner of every single-family, two-family, and multiple dwellings must obtain an inspection upon tenant turnover or within three years of the effective date of P.L. 2021, c.182. Thereafter, all such dwelling units shall be inspected for lead-based paint hazards every three years or upon tenant turnover, whichever is earlier, except that an inspection shall not be required at tenant turnover if the dwelling unit owner has a valid lead-safe certification for the dwelling unit. In all scenarios, the next periodic lead-based paint inspection shall be counted from the most recent lead-based paint inspection which resulted in a valid lead-safe certification. A lead inspector employed by the Borough shall inspect every single-family, two-family, and multiple rental dwelling located within the Borough for lead-based paint hazards through visual assessment in accordance with N.J.S.A. 52:27D-437.1 et seq., as may be amended from time to time. Dust wipe sampling will be performed only if periodic data analysis by the Commissioner of Community Affairs dictates a Department of Community Affairs determination for same. The property owner may, in lieu of having the dwelling inspected by the Borough's lead inspector, directly hire a private lead evaluation contractor 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-437.1 et seq., as may be amended from time to time. 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: has been certified to be free of lead-based paint; was constructed during or after 1978; is in a multiple family building that has been registered with the Department of Community Affairs as a multiple family building for at least 10 years, either under the current or a previous owner, and has no outstanding lead-based paint violations from the two most recent cyclical inspections performed under the "Hotel and Multiple Dwelling Law", See N.J.S.A. 55:13A-1 et seq. 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. 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 Borough's lead inspector, or the owner's private lead inspector, shall conduct an additional inspection of the unit to certify that the hazard no longer exists. If no lead-based paint hazards are identified, the Borough'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 three years. 10-16.3 Fees The fee for a visual assessment is $75.00 per unit performed by the Borough's lead inspector or designee. This fee includes the $20.00 fee to be collected pursuant to the NJ Lead Hazard Control Assistance Act to be deposited into the Lead Hazard Control Assistance Fund. The fee for filing of a lead-safe certification or lead-free certification issued by a certified private lead evaluation contractor is $30.00, inclusive of the $20.00 to be deposited into the Lead Hazard Control Assistance Fund. In addition to the fees established herein, the Borough Council is hereby authorized and empowered to adopt, by resolution, such other fees, for example, but not limited to, for dust wipe sampling, if required, and any other costs related to lead-based paint inspections. 10-16.4 Violation and Penalties In accordance with N.J.S.A. 52:27D-437.19, the penalties for a violation of the provisions of this Section 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 $1,000.00 per week until the required inspection has been conducted or remediation efforts have been initiated. Ordinance No. 2025-364 was introduced on First Reading by Councilman Wicki and seconded by Councilman Andruezzi and approved by the Roll Call Vote. October 22 2025 LNYS0392021 $127.60