STATE OF NEW JERSEY
219th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION
Sponsored by:
Assemblyman JAMEL C. HOLLEY
District 20 (Union)
Assemblyman BENJIE E. WIMBERLY
District 35 (Bergen and Passaic)
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
Assemblyman RAJ MUKHERJI
District 33 (Hudson)
Co-Sponsored by:
Assemblywomen Reynolds-Jackson, Speight and Assemblyman Chiaravalloti
SYNOPSIS
Requires lead paint inspection prior to home purchases and tenant turnover; establishes educational program on lead hazards.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning lead paint inspections prior to home purchases and tenant turnover, establishing an educational program on lead hazards, supplementing P.L.2003, c.311 (C.52:27D-437.1 et al.), and amending various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. Every contract of sale of real property that has not been certified as lead-safe under subsection c. of this section shall include a provision requiring, as a condition of the sale, the seller to hire a lead evaluation contractor, certified to provide lead paint inspection services by the Department of Community Affairs, to inspect any dwelling located on the real property for lead-based paint hazards.
b. Closing of title on the sale of the real property shall not occur unless both the buyer and the seller have received and reviewed a copy of the inspection results. At closing, the buyer and seller both shall certify, in writing, that they have received and reviewed the inspection results.
c. If a lead evaluation contractor finds that no lead hazards exist in a dwelling upon conducting an inspection pursuant to this section, then the lead evaluation contractor shall certify the dwelling as lead-safe on a form prescribed by the Department of Community Affairs.
d. Notwithstanding this section or any other provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) to the contrary, a dwelling shall not be subject to inspection and evaluation for the presence of lead-based paint hazards if the dwelling was constructed during or after 1978.
2. (New section) a. 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.
"Self-inspection" means evaluation of a dwelling unit by the unit's owner, or the owner's designee, in accordance with evaluation and control methods approved by the Department of Community Affairs.
"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.
b. (1) In a municipality that maintains a permanent local agency for the purpose of conducting inspections and enforcing laws, ordinances, and regulations concerning buildings and structures within the municipality, the permanent local agency shall inspect every single-family, two-family, and multiple rental dwelling located within the municipality at tenant turnover for lead-based paint hazards. The municipality shall charge the dwelling owner or landlord a fee sufficient to cover the cost of the inspection.
(2) In a municipality that does not maintain a permanent local agency for the purpose of conducting inspections and enforcing laws, ordinances, and regulations concerning buildings and structures within the municipality, the municipality shall hire a lead evaluation contractor, certified to provide lead paint inspection services by the Department of Community Affairs, to inspect every single-family, two-family, and multiple rental dwelling located within the municipality at tenant turnover for lead-based paint hazards. The municipality shall charge the dwelling owner or landlord a fee sufficient to cover the cost of the inspection, including the cost of hiring the lead evaluation contractor.
(3) A permanent local agency or lead evaluation contractor with the duty to inspect single-family, two-family, and multiple rental dwellings pursuant to this section may consult with the local health board, the Department of Health, or the Department of Community Affairs concerning the criteria for the inspection and identification of areas and conditions involving a high risk of lead poisoning in dwellings, methods of detection of lead in dwellings, and standards for the repair of dwellings containing lead paint.
(4) Fees established pursuant to this subsection shall be dedicated to meeting the costs of implementing and enforcing this subsection and shall not be used for any other purpose.
c. Notwithstanding subsection b. of this section to the contrary, 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 hazards if the unit:
(1) has been certified to be free of lead-based paint;
(2) was constructed during or after 1978;
(3) is a seasonal rental unit which is rented for less than six months' duration each year; or
(4) has been certified as lead-safe by a certified lead evaluation contractor or permanent local agency pursuant to this section, or for lead-based paint hazards during a cyclical inspection within the preceding year.
d. (1) If a lead evaluation contractor or permanent local agency finds that a lead hazard exists in a dwelling unit upon conducting an inspection pursuant to this section, then the owner of the dwelling unit shall remediate and dispose of the lead hazard by using abatement or lead hazard control methods, approved in accordance with the provisions of the "Lead Hazard Control Assistance Act," P.L.2003, c.311 (C.52:27D-437.1 et al.). The lead evaluation contractor or permanent local agency shall notify the Commissioner of Community Affairs in accordance with subsection e. of this section.
(2) If a lead evaluation contractor or permanent local agency finds that no lead hazards exist in a dwelling unit upon conducting an inspection pursuant to this section, then the lead evaluation contractor or permanent local agency shall certify the dwelling unit as lead-safe on a form prescribed by the Department of Community Affairs. Property owners shall provide evidence of a lead-safe certification obtained pursuant to this section at the time of the cyclical inspection for lead-based paint hazards.
e. If a lead evaluation contractor or permanent local agency finds that a lead-based paint hazard exists in a dwelling unit upon conducting an inspection pursuant to this section, then the lead evaluation contractor or permanent local agency shall notify the Commissioner of Community Affairs, who shall review the findings in accordance with section 8 of the "Lead Hazard Control Assistance Act," P.L.2003, c.311 (C.52:27D-437.8). If t