Wayne, NJ Building Safety: Lead Paint (2026)
Key Facts
- Section
- Wayne Township Code § 99-50.2 (Article VI)
- Applies to
- Single-family, two-family and multiple dwelling rentals
- Recurring inspection
- Every three years or at tenant turnover, whichever is earlier
- Lead-safe certification
- Valid for two years
- Initial inspection fee
- $400 for one bedroom, $50 each additional bedroom
- Penalty
- Not to exceed $1,000 per week after 30-day cure
- Exempt
- Units constructed during or after 1978
Summary
Wayne Township requires the owner of every single-family, two-family and multiple dwelling unit offered for rent to get a lead-based paint inspection at tenant turnover and at least every three years. Fees start at $400 for a one-bedroom initial inspection, and penalties reach $1,000 per week after a 30-day cure period.
§ 99-50.2. Required initial inspection. ... The owner, landlord and/or agent of every single-family, two family, and multiple dwelling unit offered for rental shall be required to obtain an inspection of the unit for lead-based paint hazards within two years of the effective date of the law, July 22, 2022, or upon tenant turnover, whichever is earlier.
Full Breakdown
Chapter 99, Article VI of the Wayne Township Code, added 8-16-2023 by Ord. No. 37-2023, puts a lead-based paint inspection duty on rental owners in Wayne Township. Section 99-50.2 applies to every single-family, two-family and multiple dwelling unit offered for rental: the owner, landlord or agent must get the unit inspected for lead-based paint hazards within two years of July 22, 2022 or at tenant turnover, whichever is earlier. Section 99-50.3 then requires a new inspection every three years or at tenant turnover, whichever is earlier, with no turnover inspection needed when the owner holds a valid lead-safe certification.
Section 99-50.4 exempts a unit that is certified free of lead-based paint, was constructed during or after 1978, sits in a multiple dwelling registered with the Department of Community Affairs for at least 10 years with no outstanding lead violations, is a seasonal single-family or two-family rental rented for less than six months a year, or holds a valid lead-safe certification. The inspection is a visual assessment of deteriorated paint or visible surface dust, debris or residue (§ 99-50.5). A clean result earns a lead-safe certification valid for two years, and at tenant turnover the owner must give the tenant and the Township evidence of it and attach a copy to the lease (§ 99-50.8). The owner must also pass a copy to prospective owners at a sale.
When a hazard is found, the owner pays for remediation by interim controls or abatement (§ 99-50.7). For interim controls, a dust wipe re-inspection follows within 60 days of the initial inspection.
Fees under § 99-50.9 for the Township's lead inspector: $50 application review, $400 for an initial one-bedroom inspection plus $50 for each additional bedroom, $250 re-inspection, a $20 DCA fee, and $50 per dust wipe sample. Expedited service adds $100, $250 or $750 depending on the business-day window, and the administrative fee for a lead-safe or lead-free certification is $25.
Violations & Fines
Under § 99-50.10 the Township investigates, and the owner first gets 30 days to cure by conducting the required inspection or initiating remediation. After that the penalty is not to exceed $1,000 per week until the inspection is done or remediation is initiated, which means the owner has hired a lead abatement contractor or other qualified party. Under § 99-50.6E the owner is responsible for the remediation itself.
Frequently Asked Questions
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Sources & Official References
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