Lead Law Update (FAQ) What are the “EXEMPTIONS” under the new Lead Law?
Question: What are the “EXEMPTIONS” under the new Lead Law?
Answer: Below is a comprehensive review of the EXEMPTIONS
The implementation (for ALL rental properties) in the City of Philadelphia, requires that EITHER a “lead safe/lead free” certificate or an “EXEMPTION FORM” be filed for ALL of your rental units. The “EXEMPTION” is based upon the following situations:
The date the property was built. If the property was built (from the ground up/including basement) after March 1978, you are not required to have the property tested (but you are REQUIRED to submit the exemption form). If your building was not built after March 1978, your property is NOT EXEMPT.
Dormitories and properties “developed for or by an educational institution” § 6-802 (12)(a)
PHA/Housing Choice Program § 6-802 (12)(c)
Question: How will the Public Health Department determine that a property was built after 1978.
Answer: The Public Health Department will use the Philadelphia OPA website in order to verify the date of construction. Found here: https://property-beta.phila.gov/#/
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? How will a landlord need to prove this?
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 certify it.
Question: How should the exemption form be submitted to the Public Health Department? (fax, regular mail, and email?). Are you accepting emails for this form?
Answer: The Exemption form can be filled out and faxed or mailed in. The on-line submission site here: https://leadcertification.phila.gov/login. This site also asks questions that allow the system to know if you need the certification or not.
Question: How will the landlord be notified that the exemption form has been approved by the public health department?
Answer: Currently, The Public Health Department does not mail out confirmation letters however if you enter your information via the submission site, landlords will be notified via the Public Health Department’s “Leadcert admin e-mail”.
Question: How will L&I update Eclipse to reflect the exemption so that a landlord can obtain their rental license
Answer: The (Lead Health Home Program) LHHP system works with eClipse and will notify L&I that you have completed the necessary documents.
The downloadable exemption form is located on our website via the following link:
https://www.leadtestingservicesphila.com/for-landlords
We hope you find this information useful!
