Philadelphia Lead Disclosure and Certification Law Compliance guide

November 1, 2013 1:18 pm
Philadelphia Lead Disclosure and Certification Law  Executive Summary:

Since October, 2020, Philadelphia landlords have been required to test and certify ALL rental properties as lead-safe or lead-free in order to A) execute a new or renewed lease or B) receive or renew a rental license. Previously, only units housing children under the age of 6 were required to provide certification.

Lead Free Certificate – Determination made by a PA licensed lead inspector or risk assessor using an XRF instrument that no lead-based paint is present on the property. Certificate valid for the lifespan of the property.

Lead Safe Property – Determination made by a PA licensed lead risk assessor, inspector or an EPA certified lead dust sampling technician that the property or dwelling unit is free of a condition that causes or may cause exposure to lead via a visual inspection and dust wipe sampling. Certificate valid for 48 months.

Visual inspection – either a PA licensed lead risk assessor or inspector OR an EPA certified Lead Dust Sampling Technician visually inspects the property to determine that there is no evidence of deteriorated paint, paint dust or paint chips. Examples of deteriorated paint include: cracking, scaling, peeling, or chipping paint or any visible dust, debris or paint chips.

Dust Wipe Sampling – either a PA licensed lead risk assessor or inspector OR an EPA certified Lead Dust Sampling Technician collects dust samples from the floor and window sill in every bedroom and one common living area such as a living room or kitchen.

HOW to obtain a “Lead Safe Certification”

Step 1: Proper Certification required

Retain a EPA Certified Lead Dust Sampling Technician or PA licensed lead risk assessor.

Step 2: Visual Clearance

To pass a visual clearance a PA Licensed lead risk assessor or lead inspector or EPA certified dust wipe sampling technician visually inspects the property to determine that there is no evidence of deteriorated paint, paint dust or paint chips. Examples of deteriorated paint include: cracking, scaling, peeling, or chipping paint or any visible dust, debris and paint chips. All areas where children spend their time should be visually inspected. At the minimum, all surfaces, including windowsills, baseboards, doorframes, trim and walls, which must be free of deteriorated paint and paint dust.

Step 3: Dust wipe clearance

Dust wipe clearance means that after visually inspecting the property a PA licensed lead risk assessor or lead inspector or EPA certified lead dust sampling technician has taken dusk wipe samples, which are analyzed by a certified lab and show that the area tested is free from hazardous lead paint dust. Dust wipes are collected from:

  • Each bedroom in the property; and
  • The common room (for example a living room, family room, or kitchen) where any child aged six (6) and under who resides in the property spends the majority of his or her waking hours.

Only a PA licensed lead risk assessor, lead inspector or EPA certified lead dust sampling technician can take a dust wipe sample. To locate someone who is certified, or to go to an approved training class go to www.www.lewenvironmental.com or call 1-800-783-0567.

The following wipe samples for settled dust should be collected for a Lead Safe Certification:

  • One windowsill sample and one floor sample from each bedroom in the property; and
  • One windowsill sample and one floor sample from the common room (for example a living room, family room or kitchen) where any child aged six (6) and under who resides in the property spends the majority of his or her waking hours.

All samples, along with one blank (control) sample, should be sent to a certified laboratory recognized by the National Lead Laboratory Accreditation Program (NLLAP) as being proficient in lead dust analysis.
After getting the results the lead inspector or sampling technician should compare them to the federal EPA standards to determine if the property has a hazardous level of dust. The federal EPA standards are

  • Floors: 10 μg/ft2
  • Windowsills: 100 μg/ft2

Step 4: If visual assessment and dust wipes pass. (If there is a failure, see below)

Upon passing both the visual clearance and the dust wipe clearance the PA Lead Risk Assessor, Inspector or Dust Wipe Sampling Technician who performed the clearances shall complete, sign and date the certificate indicating the property is lead safe. The Certificate is valid for 48 months.Step 5: What to give a new tenant

  1. Wait until the tenant has agreed to rent the property before inquiring whether there will be children age 6 years and under who will reside in the unit.
  2. Landlord shall provide the tenant a Lead Safe or Lead Free certification.
  3. Information landlord MUST provide along with “Certificate”
  • A written notification advising the tenant to perform a visual inspection of all painted surfaces periodically during the term of the lease, and advising the tenant may inform the lessor of any cracked, flaking, chipping, peeling, or otherwise deteriorated paint surfaces.
  • EPA’s lead hazard information pamphlet, “Protect Your Family from Lead in Your Home
    City of Philadelphia Partners for Good Housing” brochure issued by the Department of Licenses and Inspections.
  • A certificate of Rental Suitability, issued by the Department of Licenses and Inspections, no more than Sixty (60) days prior to residence. (note: this certificate states that the property has obtained all required rental licenses and do not have critical code violations.

Step 6: Submission to Department of Health

Upload the certificate and dust wipe results to this website: https://leadcertification.phila.gov/login
If you do not have access to a computer, you can mail a copy of the certificate and a copy of the dust wipe test results to:

Lead and Healthy Homes Program Philadelphia Department of Public Health
2100 West Girard Avenue, Building #3
Philadelphia, PA 19130-1400

When Property Fails Visual or Dust Wipe Clearance requirements

If the property does not pass either a visual clearance or dust wipe clearance the landlord must repair the property using properly certified firms and individuals so that it passes clearance before the tenant can move into the unit.

NOTE: if property owner uses his own or third party contractors to perform paint disturbances on any pre-1978 residential or child occupied facility, the property owner and/or his contractor must also become an EPA certified Renovation, Repair and Painting (RRP) firm as well and employ at a minimum, one Supervisor who has successfully completed EPA’s RRP course curriculum. See www.LEWEnvironmental.com for training (24/7/365 availability on-line).