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Intro of Ordinance 2026-03 Lead Based Paint Ordinance

February 4, 2026

TOWNSHIP OF CHATHAM

NOTICE OF

INTRODUCTION

ORDINANCE 2026-03

I, Gregory J. LaConte, Township Clerk of the Township of Chatham, do hereby certify that the following ordinance was introduced on first reading at a regular meeting held on January 27, 2026 and said ordinance will be submitted for consideration and final passage at a regular meeting to be held on February 24, 2026 at 7:30 p.m., which time any person who may be interested therein will be given an opportunity to be heard concerning said ordinance.

In addition to in person attendance, the Public can access the meeting and participate in the Public Hearing with the following link: https://us02web.zoom.us/j/84306574961

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+1 346 248 7799  or +1 669 900 6833  or +1 253 215 8782

Webinar ID: 843 0657 4961

International numbers available: https://us02web.zoom.us/u/kdfAPwqYss

Press *9 to Raise Hand during the Public Hearing. 

Dated: January 28, 2026

                                                                                                Gregory J. LaConte

                                                                                                Township Clerk

ORDINANCE 2026-03

ORDINANCE OF THE TOWNSHIP OF CHATHAM, COUNTY OF MORRIS, STATE OF NEW JERSEY, ADDING CHAPTER 31, LEAD-BASED PAINT INSPECTIONS TO THE TOWNSHIP CODE

            WHEREAS, pursuant to P.L. 2021, c.182, all municipalities in the State of New Jersey are required, with certain exceptions, to inspect every single-family, two-family, and multiple rental dwelling located within the municipality at tenant turnover for lead-based paint hazards; and

WHEREAS, it is in the best interests of the residents of the Township of Chatham (the “Township”) to amend the General Ordinances of the Township (the “Township Code”) to require inspections for lead-based paint in residential rental dwellings to conform with New Jersey State law; and

 WHEREAS the Township desires, through this Ordinance, to establish Chapter 31 entitled “Lead-Based Paint Inspections” of the Township Code in order to serve the best interests of the Township and its residents.

NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township of Chatham, County of Morris, State of New Jersey, as follows:

Section 1.        The aforementioned recitals are incorporated herein as though fully set forth at length.

Section 2.        The Township Code, Chapter 31, Lead-Based Paint Inspections, is hereby added to the Township Code and shall read as follows:

Chapter 31 Lead-Based Paint Inspections.

§ 31-1 Definitions.

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.

Lead Abatement – Measures designed to permanently eliminate lead-based paint hazards in accordance with standards established by the Commissioner of Community Affairs in compliance with standards promulgated by the appropriate federal agencies.

Lead Evaluation Contractor – A person certified by the New Jersey Department of Community Affairs to perform lead inspection and risk assessment work pursuant to N.J.A.C. 5:171.1 et seq.

Lead-based Paint Hazard – Any condition that causes exposure to lead from lead-contaminated dust or soil or lead-contaminated paint that is deteriorated or present in surfaces that would result in adverse human health effects.

Tenant turnover – The time at which all existing occupants vacate a dwelling unit and all new tenants move into the dwelling unit.

Visual Assessment – A visual examination for deteriorated paint or visible surface dust, debris, or residue.

§ 31-2 Inspections.

  • A lead evaluation contractor retained by the Township shall inspect every single-family, two-family, or multiple rental dwelling located in the Township of Chatham for lead-based paint hazards through visual assessment and dust wipe sampling in accordance with N.J.S.A. 52:27D-437.1 et seq.
  • In lieu of having the dwelling inspected by the Township’s lead evaluator, 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 to perform the lead-based paint inspection in accordance with N.J.S.A. 52:27D-437.1 et seq.
  • 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:
  1. has been certified to be free of lead-based paint;
  1. was constructed during or after 1978;
  1. is in a multiple dwelling that has been registered with the Department of Community Affairs as a multiple dwelling for at least ten (10) years, either under the current or a previous owner, and has no outstanding lead violations from the most recent cyclical inspection performed on the multiple dwelling under the “Hotel and Multiple Dwelling Law,” P.L.1967, c.76 (C.55:13A-1 et seq.);
  1. 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.
  • The owner, landlord, and/or agent of every single-family, two-family, or multiple rental dwelling unit offered for rental shall be required to obtain an inspection of the unit for lead-based paint hazards every three (3) years, or at Tenant Turnover, whichever is earlier.
  • If lead-based paint hazards are identified, then the owner, landlord, and/or agent of the dwelling shall remediate the lead-based paint hazard using lead abatement or lead-based control methods in accordance with N.J.S.A. 52:27D-437.16(d). Upon the remediation of the lead-based paint hazard, the Township’s lead evaluation contractor shall conduct an additional inspection of the unit to certify that the hazard no longer exists.  If no lead-based paint hazards are identified, then the Township’s lead evaluator shall certify the dwelling as lead-safe on a form prescribed by the Department of Community Affairs, which shall be valid for two (2) years.
  • Pursuant to N.J.S.A. 52:27D-437.16(e), property owners shall:
  1. provide evidence of valid lead-safe certification and the most recent tenant turnover at the time of the cyclical inspection
  1. provide evidence of a valid lead-safe certification obtained pursuant to this Section to new tenants of the property at the time of tenant turnover unless not required to have had an inspection by a lead evaluation contractor or permanent local agency pursuant to 313-2(C) of this Chapter.
  1. Maintain records of lead-safe certification, which shall include name(s) of the unit tenant(s), if inspection was conducted during a period of tenancy.
  • Fees.
  1. The Township shall charge the dwelling owner or landlord, and the dwelling owner or landlord shall pay the Township in advance of any inspection, a fee sufficient to cover the cost to the Township of the inspection, which shall be dedicated to meeting the costs of implementing and enforcing this section, which shall in include the following:
  1. $250.00 per dwelling unit for a visual assessment performed by the lead inspector.
  • If necessary, a fee of $295.00 per dwelling unit for reinspection of a unit.
  1. The dwelling owner or landlord shall pay to the Township a $25.00 per dwelling unit filing fee.
  1. In accordance with N.J.S.A. 52:27D-437.16(h), an additional fee of $20.00 per dwelling unit inspected by the Township’s lead evaluation contractor or the owner’s private lead evaluation contractor shall be addressed for the purpose of the Lead Hazard Control Assistance Act, unless the owner demonstrates that the Department of Community Affairs has already assessed an additional inspection fee of $20.00. The fees collected pursuant to this subsection shall be deposited into the Lead Hazard Control Assistance Fund.
  1. In a common interest community, any inspection fee charged pursuant to this subsection shall be the responsibility of the unit owner and not the homeowners’ association, unless the association is the owner of the unit.

§ 31-3 Violations.

If a property owner has failed to conduct the required inspection or initiate any remediation as required by N.J.S.A. 52:27D-437.1 et seq. the owner shall have 30 days to cure the violation.  If a property owner fails to cure 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.

Section 3.        If any section or provision of this Ordinance shall be held invalid in any Court of competent jurisdiction, the same shall not affect the other sections or provisions of this Ordinance and the remainder of the Ordinance shall be deemed valid and effective, except so far as the section or provision so declared invalid shall be inseparable from the remainder or any portion thereof.

            Section 4.        All ordinances or parts of ordinances, which are inconsistent herewith are hereby repealed to the extent of such inconsistency.

            Section 5.        This Ordinance shall take effect according to law.    

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