Lead Law Update (FAQ Series): What Defines “Built after 1978” for the lead testing EXEMPTION?
We are regularly receiving questions regarding the new Lead Law and have created a weekly “Frequently Asked Questions” (FAQ’s) forum for you as you desire to become more informed of the Lead Law and its complexity.
This week we are featuring common questions regarding exemption:
Question: What Defines “Built after 1978” for the Exemption from doing lead testing?
Answer: The current lead law provides for a specific “exemption” for lead testing if the property was “built after March 1978”. Yet, many landlords are confused about what it means to be “built”.
Question: Does a complete renovation (removal of all walls, floors and windows replaced) make the property "exempt"?
Answer: No. Unfortunately, even if the property was gutted and reconstructed, the Public Health Department is still requiring the landlord to get the lead safe/lead free certification because beams and certain parts of the home could still have lead.
If the property is new construction, physically built after 1978 from the ground up, you do not need to obtain a lead certification but you DO need to submit an EXEMPTION form.
Question: Does removal of all drywall and window sills make the property exempt?
Answer: No. Unfortunately, even if the interior floors and window sills are replaced, the Public Health Department is still requiring the landlord to get the lead safe/lead free certification because beams and certain parts of the home could still have lead.
Question: How does the Public Health department verify that your property is “Exempt”?
Answer: The Public Health Department will use the Philadelphia OPA website in order to verify the date of construction. Found here: https://property-beta.phila.gov/#/
If your property qualifies as being "exempt" based upon the above, complete the form (via the link below) and either upload, fax or mail to the Public Health Department for approval.
LINK TO EXEMPTION FORM: https://www.leadtestingservicesphila.com/for-landlords
