By Sunayana Prabhu
RED BANK – The governing body is fine-tuning decisions on lead-based paint inspections and other borough-wide infrastructure and security enhancements.
The Red Bank Borough Council discussed an ordinance at its Aug. 22 meeting that would require owners of rental units to perform mandatory lead-based paint inspections to comply with state law. The law, signed by Gov. Phil Murphy in July 2021, aims to prevent lead poisoning by identifying and addressing deteriorated lead-based paint in older buildings.
The borough’s ordinance looks to ensure that all single-family, two-family and multi-unit rental properties built before 1978 are inspected for lead paint hazards at tenant turnover or within two years.
The inspections will be conducted by a certified borough inspector or a licensed lead evaluation contractor.
The owner, landlord, or agent of the rental property will be required to obtain an inspection for lead-based paint hazards with a borough inspector and pay all applicable and required fees associated with the borough’s inspection. Alternatively, a lead evaluation contractor who is certified to provide lead paint inspection services by the Department of Community Affairs may be hired for inspection under certain conditions.
The ordinance specifically states that “the borough retains the authority to prohibit an owner from directly hiring a lead evaluation contractor to conduct a periodic lead-based paint inspection” under two conditions – the owner previously opted to hire a lead evaluation contractor to perform the periodic lead-based paint inspection and failed to have the inspection completed and/or the borough determines there is a conflict of interest between the owner and their lead-evaluation contractor of choice.
According to the ordinance – currently undergoing final revisions – landlords are required to schedule and pay for these inspections, with fees ranging from $275 for visual lead paint inspections to $325 for dust-wipe sampling. If lead hazards are found, property owners must remediate the issue and undergo re-inspection within 30 days. Failure to comply could result in penalties up to $1,000 per week until the required inspection has been conducted or the remediation efforts have been initiated.
Some properties are exempt from the inspection requirement, including those built after 1978 or those already certified as lead-free.
Borough attorney Greg Cannon noted during the Thursday meeting that the existing ordinance “spells out the basic requirements, but there’s actually more that a landlord can do to get a higher certification that’s not spelled out specifically in there.” He said that there may be opportunities to provide additional guidance for landlords seeking a higher level of certification.
Council member Nancy Facey-Blackwood added that there are two levels of certification – Lead Free and Lead Safe. “Lead Safe is the one where you have to get certified every two years. Lead Free involves more testing, but it’s a one and done, and it wasn’t very clear” in the current ordinance, she said.
The council tabled the ordinance to allow for further revisions and reintroduction at the next meeting.
In other business, the council discussed several local initiatives, including efforts to address the use of gas-powered leaf blowers and the potential installation of a bike lane on Harrison Avenue.
Borough administrator Jim Gant provided updates on projects at Marine Park and the Department of Public Utilities. Gant noted there has been a “lot of activity in the parking lot area,” with crews currently focusing their efforts on the curbing around the islands within the parking lot. He said the borough is hoping to see that work completed soon. Gant also mentioned that the council’s Marine Park subcommittee will be meeting next week with engineers to discuss Phase 2 of the park’s improvements.
“We’re happy to kick that off as well,” he said.
On the Department of Public Utilities (DPU) front, Gant shared that the DPU subcommittee, along with architects and engineers, recently conducted a site visit and “needs assessment” of the DPU facilities to better understand the requirements for upgrades to the site.
The borough is working to implement a “comprehensive camera project” throughout public spaces, borough buildings and other areas that lack security. The goal is to “have access to that and keep an eye on those areas as far as asset protection,” he said. Gant explained that by doing these assessments and implementing the camera system, the borough is looking to enhance the security and monitoring of its public facilities.
The council also recognized three members of the community during the meeting. Longtime borough contractor Mark Woszczak was honored with a proclamation for his outstanding service that spans nearly four decades. Former Assemblymember Barbara Bennett and Monmouth County Teacher of the Year Sara Mazzone were honored with resolutions presented by State Sen. Vin Gopal (D-11) and current Assemblymembers Margie Donlon and Luanne Peterpaul.
The article originally appeared in the August 29 – September 4, 2024 print edition of The Two River Times.
