Bill > S856

Introduced Session

This bill would require municipalities to inspect every single-family and two-family rental dwelling located within the municipality for lead-based paint hazards at least once every five years, except municipalities would inspect single-family and two-family rental dwellings on which encapsulation has been performed to remediate lead-based paint hazards at least once every two years. Municipalities would charge a fee for the inspection at a rate proportional to the current "Hotel and Multiple Dwelling Law" fee schedule. In addition, municipalities would be required to impose an additional fee of $20 per unit inspected for deposit into the "Lead Hazard Control Assistance Fund." 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 would inspect single-family and two-family rental dwellings located within the municipality for lead-based paint hazards. If the municipality does not maintain a permanent local agency that conducts inspections and enforces laws, ordinances, and regulations concerning buildings and structures within the municipality, then the municipality would hire a lead evaluation contractor, certified to provide lead paint inspection services by the Department of Community Affairs (DCA), to inspect single-family and two-family rental dwellings located within the municipality for lead-based paint hazards. A permanent local agency or lead evaluation contractor with the duty to inspect single-family and two-family rental dwellings may consult 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. Furthermore, this bill would require a permanent local agency or lead evaluation contractor with the duty to inspect single-family and two-family rental dwellings to report annually the number of inspections conducted and identify areas that have a high risk of lead exposure to the Department of Community Affairs. The department would establish an electronic system for this purpose. The bill would require the department to compile the reports and make them available to the public on the department's Internet website in a searchable format. The department would submit an annual report to the Department of Health, the Governor, and the Legislature detailing Statewide lead inspection activity and including recommendations for more efficient lead hazard detection and abatement. Under this bill, municipalities would be responsible for conducting inspections of single-family and two-family rental dwellings for lead-based paint hazards, but the DCA would remain responsible for the promulgation of regulations concerning the presence of lead-based paint hazards in single-family and two-family rental dwellings pursuant to subsection (w) of section 7 of P.L.1967, c.76 (C.55:13A-7). The bill would also require owners of tenant-occupied single-family and two-family residential property to file a certificate of registration with the clerk of the municipality, or with such other municipal official as is designated by the clerk, in which the residential property is situated. Properties that have been certified to be free of lead-based paint or of having a lead-free interior, properties that were constructed during or after 1978, and seasonal rental units would be exempt from the inspection and registration requirements. These exemptions are consistent with provisions of current law governing multiple dwellings. Under current law, the DCA must inspect single-family and two-family rental dwellings for lead-based paint hazards at least once every five years. Currently, owners of tenant-occupied single-family and two-family residential property must also file a certificate of registration with the DCA. This bill would shift inspection and registration duties from the DCA to the municipality in which the rental property is situated.

AI Summary

Committee Categories

Ronald Rice (D)*,  Shirley Turner (D)*,  Loretta Weinberg (D), 

Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee (on 01/09/2018)