Frequently Asked Questions: Philadelphia Lead Safety Requirements for Rental Properties
Q: When do landlords need to comply with the lead-safe certification requirements?
A: Beginning October 1, 2020, landlords are required to test and certify rental properties as lead-safe or lead-free to execute a new or renewed lease or receive or renew a rental license. The requirement is being phased in by zip code over two years.
Q: Which properties are affected by this law?
A: The law applies to all residential rental properties, phased in by zip code. Once a zip code is phased in, the only exemptions are college dormitories and properties built after 1978.
Q: Are there any exceptions to the zip code phase-in?
A: Yes. Regardless of the zip code, landlords must test and certify rental properties as lead-safe or lead-free if a child age 6 or under lives in the property.
Q: Why is lead testing important?
A: Childhood exposure to lead can cause learning and behavior problems, and even small amounts of lead can harm the brain and nervous system.
Q: What does "lead-safe" certification mean?
A: It means a certified lead dust sampling technician or a licensed lead inspector-risk assessor has determined the property is free of deteriorated paint and that interior dust samples do not contain hazardous levels of lead-contaminated dust.
Q: Who is qualified to provide lead-safe certifications?
A: Certifications must be completed by an EPA certified lead dust sampling technician or a PA licensed lead inspector-risk assessor.
Q: What does "lead-free" mean?
A: A property is considered lead-free if a licensed lead risk assessor certifies that it does not have any lead-based paint, based on EPA/HUD standards. This certification is valid indefinitely.
Q: What happens if dust wipe tests indicate the property is not lead-safe?
A: The property must be remediated by an EPA-certified Renovation, Repair, and Painting (RRP) contractor. This often involves wet sanding and repainting peeling or chipping paint. The property must be retested after remediation to ensure it is lead-safe.
Q: How do I demonstrate compliance with the law?
A: Currently, you must mail, fax, or scan and email a copy of the certificate, and dust wipe test results (for lead-safe properties), to the Philadelphia Department of Public Health. The Department of Public Health is developing an online portal for submissions.