Beginning December 21, 2012, Philadelphia landlords must provide to every new tenant who has children 6 years or under residing in pre-1978 property a Lead Safe or Lead Free Certificate, completed by a PA licensed lead risk assessor or EPA certified lead dust sampling technician before the tenant enters into a lease. After the tenant signs receipt of the Certification, the landlord must mail a signed copy along with a copy of the dust wipe test results to the Philadelphia Department of Public Health.
Lead Free Certificate – Speak to HAPCO affiliated Environmental Professional Lead Risk Assessor to determine what is required to become exempt from the requirements of this law and obtain a Lead Free Certificate. 800-783-0567. Or info@LEWCorp.com
Valid Certification – that a property is lead safe is basedon a visual clearance and dust wipe clearance by a PA licensed lead risk assessor, inspector or an EPA certified lead dust sampling technician performed no more than 24 months prior to the date a lease is entered into. (see Appendix )
Lead Safe Property – is free of a condition that causes or may cause exposure to lead from lead-contaminated dust, lead contaminated soil, or deteriorated lead-based paint.
Visual clearance – 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.
HOW to obtain a “Lead Safe Certification”
Step 1: Proper Certification required
Retain or become certified (click here for training details) as a EPA Certified Lead Dust Sampling Technician. Formal 8 hour course with identification card provided upon passing course.
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 in:
· 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.
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. Visit www.eitsupply.com for complete dust wipe analysis kits.
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.lewcorp.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. Visit www.eitsupply.com for certified dust wipe lab analyzed kits.
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: 40 μg/ft2
· Windowsills: 250 μg/ft2
Step 4: if passes, if not see next section
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 (See Appendix) indicating the property is lead safe. The Certificate is valid for 24 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. If a child of less than 6 years of age is going to be residing landlord shall provide the tenant a Lead Safe or Lead Free certification and information booklet (See Appendix)
3. Information landlord MUST provide along with “Certificate”
a. 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. (See Appendix)
b. EPA’s lead hazard information pamphlet, “Protect Your Family from Lead in Your Home” (Obtain for free at www.EITSupply.com)
c. “City of Philadelphia Partners for Good Housing” brochure issued by the Department of Licenses and Inspections (Obtain for free at www.EITSupply.com)
d. 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
Send the Department of Public Health a copy of the lead safe certificate signed by the tenant along with copies of the dust wipe clearance test results. Required documentation can be sent via first class mail.
Childhood Lead Poisoning Prevention Program
Philadelphia Department of Public Health
2100 West Girard Avenue
Philadelphia, PA 19130-1400
215-685-2797 (24 hour information line)
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 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.LEWCorp.com for training (24/7/365 availability on-line).
This document is NOT intended to be an all encompassing compliance document with the legal requirements of Philadelphia Lead Disclosure and Certification Law (Chapter 6-800 of Philadelphia Code). This document is strictly intended to assist rental property owners as a guidance tool. Under no circumstances, whether consequential direct or indirect, punitive or other, does the preparer of this document assume any liability. This document is the sole property of EIT and by using this document, users accepts full responsibility and liability for any and all actions that may be related and arise.
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