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Exposure to even small amounts of lead in childhood can cause lifelong learning and behavior problems. The purpose of the law is to prevent children from becoming lead poisoned, and to ensure they live in lead-free or lead-safe housing by requiring landlords to certify a property rented to families is lead safe or lead free. Despite years of progress, each year significant numbers of children in Philadelphia suffer the irreparable harm of lead poisoning because of exposure to deteriorated lead paint and lead dust in their homes. More than half of these children are living with their families in rental units.
Since 2012, Philadelphia law has required landlords to have properties that were built before March 1978 tested and certified as “lead free” or “lead safe” if there is a child age six or under residing in the property. Student housing and housing owned or subsidized by the Philadelphia Housing Authority or privately owned but currently leased under the Housing Choice Voucher Program were exempted from the law.
Starting October 1, 2020, landlords operating rental properties in eleven zip codes – regardless of if there are children under six in the property – will be required to obtain a lead certificate in order to obtain or renew a rental license. The remaining zip codes will be enforced over a two-year period. Those that fall into the remaining zip codes will continue to be subject to the current lead law requirement to hold a valid certificate for properties with children six and under.
Beginning February 1, 2020 all completed certificates are good for four years. Lead free certificates are good forever
No. A PA certified Risk Assessor (for Lead Safe /Lead Free) or Lead Dust Sampling Technician (LDST) must do the lead testing.
Once a zip code is phased into the law, the new ordinance exempts any property built after February 1978, and college and university housing and other educational housing that is exclusively for students where non-family members are not permitted to reside.
· A Lead Dust Sampling Technician (LDST) or PA-Certified Risk Assessor can provide a lead safe certificate by completing a dust wipe inspection to check for lead dust hazards. This test is done after they have determined that the property is free of deteriorated, flaking, chipping, peeling, chalking or not-intact paint. If the interior dust wipe sample report did not find hazardous levels of lead-contaminated dust, the technician can issue the lead safe certificate.
· A property or unit is considered lead free when the property has been certified as such by a PA certified lead inspector or risk assessor, meaning that it does not have any lead-based paint based on EPA/HUD standards. This certificate is valid indefinitely and must be provided to the tenant before the tenant enters into a lease. A copy of the full inspection report must be provided to the Health Department.
For a lead-safe certificate, the LDST must ensure visual compliance and then take lead dust samples. If the lead dust samples fail this test, the area must be corrected by a certified renovator and then the technician should ensure that all surfaces are intact and re-take dust wipes of those failed areas.
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