Lead Law Update (FAQ Series): How will the landlord be notified that the exemption form (for properties built*** after 1978) has been approved by the Public Health Department?

We are regularly receiving questions regarding the new Lead Law and have created a weekly “Frequently Asked Questions” (FAQ’s) forum for you as you desire to become more informed of the Lead Law and its complexity.

This week we are featuring a common question: 

Question: How will the landlord be notified that the EXEMPTION form has been approved by the public health department?   Keep in mind that ALL rental properties are required to have EITHER a lead certification or an exemption.

Answer: The Public Health Department does not mail out confirmation letters, however, if you enter your information via the online submission site, landlords will be notified via the Public Health Department’s  “Leadcert admin e-mail”.   Exemptions only apply to properties that were built*** after 1978.

*** Question: 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?  

Answer: 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 obtain a lead certification, but you DO need to apply for an exemption.