Where did the City of Philadelphia Lead Law come from?

Congress passed the Residential Lead-Based Paint Hazard Reduction Act of 1992 to protect families from exposure to lead from paint, dust, and soil. HUD and EPA require the disclosure of any known information on lead-based paint and lead-based paint hazards before the sale or lease of most housing built before 1978.

What does "lead safe" mean?

A certification that a property is lead safe means that a certified lead dust sampling technician or a licensed lead inspector-risk assessor has: 1) determined the property is free of deteriorated, flaking, chipping, peeling, chalking or not-intact paint, and 2) interior dust samples were collected, tested, and found not to contain hazardous levels of lead-contaminated dust.

What does "lead free" mean?

A certification that a property is lead free means that a technician used a XRF device to measure the levels of lead in all walls, floors, common areas (living room, dining room, kitchen, bathroom, etc.) and determined that all surfaces were free of lead. This test is used primarily in newer or completely (basement to roof) renovated properties. It requires comprehensive level of certification that also includes any public areas (hallways, laundry rooms, stairwells, basements, etc).

Under the new lead law, when do I need to get my property lead certified?

The City of Philadelphia has amended the lead law that now requires ALL properties (not just those with children under 6) to be certified starting in 2020 per list below:

Do I need to obtain a lead certificate for my property before I get or renew my rental license?

Yes, L&I is now requiring that you have already obtained a certification prior to you renewing your rental license. Additionally, if your license is due to be renewed, you will not be able to renew it without having submitted your certificate and laboratory results to the Public Health Department for their review and approval.

In addition, you are required certify on the annual rental license application that you have complied with the law’s requirement and have obtained a lead certificate. If you misrepresent this information, your rental license may be terminated, and you can face significant fines.

Does the law apply to ALL rental properties?

Yes. The new law now applies to ALL rental properties (unless a property was built after 1978). A majority of properties in Philadelphia were built before 1978.

How long does the lead safe certificate last?

The certificate now lasts 48 months (previously it was 24 months).

How does the lead process work?

The following steps are taken:

1. VISUAL INSPECTION
   A certified lead dust sampling technician will visually check the condition of the paint inside the residence to determine the property is free of deteriorated, flaking, chipping, peeling, chalking or paint that is not intact.

2. COLLECTION OF SAMPLES
   The technician will take dust wipe samples from every bedroom (1 window sill and floor) and one living area (living room, dining room, etc.) 

3. RESULT ANALYSIS
   The samples are analyzed by an EPA certified testing facility to determine whether the sample contains hazardous levels of lead-contaminated dust. 

4. LEAD CERTIFICATE/REPORT ISSUED
   Client receives results from inspection. Results are available within 7 days, but may be expedited upon request.  

How will the Public Health Department determine that a property was built after 1978?

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/#/

How do you define "built after March 1978? Does this mean that if a property was "gutted" (all interior walls removed) that it is exempt or only for buildings that were built from the ground up?  How will a landlord need to prove this?

Even if the property was gutted and reconstructed, the Public Health Department is 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 certify it. 

How should the Exemption form be submitted to the Public Health Department? (Fax, Regular mail, or E-mail?).

The Exemption form can be filled out and faxed or mailed in. It can also be submitted online: https://leadcertification.phila.gov/login.

How will the landlord be notified that the exemption form has been approved by the public health department?

Currently, The Public Health Department does not mail out confirmation letters however if you enter your information via the submission site, landlords will be notified via the Public Health Department’s  “Leadcert admin e-mail”. 

How will L&I update Eclipse to reflect the exemption so that a landlord can obtain their rental license?

The (Lead Health Home Program) LHHP system works with eClipse and will notify L&I that you have completed the necessary documents. 

How do I submit the results to the Public Health Department?

Results can be submitted via 3 options:

1. Fax: 215-685-2978 

2. Regular Mail:

City of Philadelphia-Department of Public Health 

2100 West Girard Avenue, Building #3 

Philadelphia, PA 19130-1400 

3. Online Filing through the City’s Lead Certification Submission System, a database that allows you to upload, manage, and view lead certifications.

https://www.phila.gov/services/permits-violations-licenses/apply-for-a-permit/environmental-permits-and-approvals/submit-lead-certification-and-inspection-reports/

Email: Is no longer being accepted

Do tenants know about this law?

Yes. The law is being communicated through a comprehensive advertising campaign throughout the City. 

If I do my lead test before the ZIP code due date is my certificate still valid?

Yes.  If your lead test is completed before October 1st 2020, the certificate will still be valid even if you are not required to submit it yet.

Are tenants using this law to their advantage?

Yes, some tenants are not paying rent knowing that the landlord can’t evict them in court.

How does the City know if a landlord is compliant with the amended law?

The Public Health department is now obtaining from the Eclipse (rental license system) a list of all properties that are rental units. They are cross-checking this list to the lead safe certificates that are being filed by landlords. Many landlords are already receiving letters from the public health department regarding missing certificates. 

If I have a tenant eviction and an I haven't filed a certificate, can I still evict the tenant?

No. The judge will not hear your case unless you have a “lead certificate”. If this does happen, call us and we can work with your attorney to try get your property certified.

What happens when I get a new tenant (within 48 months of my original lead safe certificate being filed), do I have to get a lead safe test?

No, you don’t need to re-test your property but your certificate (we will reissue you a new one at no cost) will need to get signed by your new tenant and submitted to the Public Health Department.

Do I need a new certificate when I renew their lease?

No. The Law applies at the time of tenant turnover, when a new tenant takes occupancy, not when an existing tenant continues occupancy.

What if a new tenant has no children at the time, I rent to them, but a child 6 years or under moves in during the term of the lease?

The lead law now doesn’t distinguish regarding children.  ALL properties now require a lead safe certificate, regardless of children.

What happens if my tenant won’t allow me access to do the lead test?

If your tenant is not cooperating with you (as a means to avoid eviction or paying rent), we will arrange to obtain a lead test by visiting the property.  If during our visit, the tenant will not allow us access, we will provide you the necessary documents for your attorney to perform the eviction and will be available for your court hearing to provide proof of our attempt to test your property.

Does painting over lead based paint make it safe?

Yes, if the walls, sills or floors are in good condition, then painting over them will form a barrier against the toxins in the lead paint. It's applied over the lead-based paint as a sealant to prevent paint chips or dust from being breathed in or escaping.

Why do “Lead Safe” versus “Lead Free”?  

Although “Lead Free” certifications will give you a lead certificate for the life of the building (they don’t need to be renewed every 4 years), the “Lead Free” certification process is a much more rigorous and tests every part of the house (Lead Safe only tests a window sill and floor).  

As a result, unless your property was completely renovated (all new floors, walls, cement, etc.) paying for a “Lead Free” test may result in your property failing the test (at your cost).  A “Lead Safe” certification (although requiring renewal every 4 years) may be a better investment (as they are cheaper to do).  

How can I learn more about lead?

See EPA link: Learn about Lead | US EPA

Does a Child Care Facility need to be tested for lead?

Yes, Per Section 409 (FAMILY CHILD DAY CARE FACILITIES), a license to operate a Family Child Day Care Facility shall be obtained from the Department of Licenses and Inspections, which includes an annual fire safety inspection. No license shall be issued under this section unless the applicant has secured a Commercial Activity License to the extent required by Title 19 of The Philadelphia Code and the applicant has met the requirements of Section 6-814 of the Code (Lead-Safe Certification for Family Child Day Care Facilities.

Are there steps the landlord/property manager should take before the appointment?

Please ensure that you repair all visible cracked, peeling, flaking, chalked, or deteriorated paint. In addition, the technician will take dust samples from the window sills and floors (in each bedroom and one living area). Please ask your tenant to remove any debris in those areas and if possible cleaned before testing.

Are you EPA certified?

Yes, Lead Testing Services LLC is EPA certified.